HomeMy WebLinkAboutResolution - 2006-R0250 - Contract - Pharr And Company - Visitor Information Center At Buddy Holly Center - 06_08_2006Resolution No. 2006—RO250
June 8, 2006
Item No. 5.19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for the
construction of a visitor information center at Buddy Holly Center, RFP 06-701-BM, by
and between the City of Lubbock and Pharr and Company, and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Nancy Haney, 4ecutive Di
APPROVED A\SJO FORM:
:� . ±-�- e
M. Knight, A
m /ccdocs/Pharr and Company.res
June 2, 2006
8th day of June , 2006.
r
DAVID A. MALLER, MAYOR
Services
PLAID ICHECK
6EST RATING
LICENSED IN TEXAS
DATE (011310G� BY
CITY OF LUBBOCK
SPECIFICATIONS FOR
CONSTRUCT VISITOR INFORMATION CENTER AT
BUDDY HOLLY CENTER
RFP #06-701-BM
CONTRACT #6934
Plans & Specifications maybe obtained from
THE REPRODUCTION COMPANY
http://pr.thereproductioncompany.com/
"A City of Planned Progress "
CITY OF LUBBOCK
Lubbock, Texas
City of Lubbock
PUBLIC WORKS CONTRACTING OFFICE
SUITE 102, MUNICIPAL BUILDING
1625 13TM STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2163 FAX: (806)775-3326
httpJ/purchasing.ci.lubboc]Ltx.us
RFP # 06-701-BM, Addendum #1
ADDENDUM #I
RFP#06-701-BM
Construct Visitor Information Center
at Buddy Holly Center
DATE ISSUED: May 24, 2006
CLOSE DATE: May 30, 2006 @ 3:00 P.M.
The following items take precedence over specifications for the above named Request for Proposals (RFP). Where
any item called for in the RFP documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. In. the GENERAL CONDITIONS OF THE AGREEMENT, paragraph 29. F. CONTRACTOR'S INSURANCE,
Worker's Compensation, CHANGE the dollar amount from $500,00. to $500,000.00 (FIVE HUNDRED
THOUSAND DOLLARS).
2. In the GENERAL INSTRUCTIONS TO OFFERORS ADD the following paragraph:
35. PROPOSAL COPIES
35.1 OFFEROR'S MUST SUBMIT THE ORIGINAL AND FOUR COPIES OF THE SEALED
PROPOSAL TO THE PUBLIC WORKS CONTRACTING OFFICE PRIOR TO RESPONSE DUE
DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPIES MAY RESULT IN THE
PROPOSAL BEING DECLARED UNRESPONSIVE. The original must be clearly marked
"ORIGINAL" and the copies must be clearly marked "COPY".
35.2 All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all
electronic media, reports, charts, and other documentation submitted by offerors shall become the
property of the City of Lubbock when received.
3. Offeror's attention is invited to the attached Architect's/Engineer's CHANGES to specifications, clarifications
and drawing.
All requests for additional information or clarification must be submitted in writing and directed to:
Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457.
Questions may be faxed to (806)775-3326 or Email to Bmacnair@mylubbock.us.
THANK YOU,
CITY OF LUBBOCK
9614ae uwzvx-
Bruce MacNair
Interim Public Works Contracting Officer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's reMonsibilit
to advise the Citv of Lubbock Interim Public Works Contracting Officer if any language, reauirements. etc.. or an
combinations thereof, inadvertentiv restricts or limits the requirements stated in this RFP to a single source. Such notification must
be submitted in writing and must be received by the Interim Public Works Contracting Officer no later than five (5) business
days prior to the proposal close date. A review of such notifications will be made.
RFP # 06-701-BMAdi
LUBBOCK VISITOR'S CENTER AT BUDDY HOLLY CENTER
CITY OF LUBBOCK
LUBBOCK. TEXAS
BID DATE: Tuesday, May 30, 2006
BGR ARCHITECTS
LUBBOCK, TEXAS
MAY 24, 2006
ADDENDUM NO. 1: 6�,..��'K-'
All Bidders are asked to note the following changes, additions, omissions, and/or corrections to the
original bidding documents. Instructions issued in this Addendum are to be a part of the contract and
the Bidders are asked to adjust their proposal accordingly.
ITEM NO. 1: Drawings, SHEET A-001: Revise DOOR TYPES as follows: Door A shall be glazing
type "C" in lieu of glazing type "A"; Revise HOLLOW METAL FRAME SCHEDULE as
follows: HM-2 glazing shall be 1" insulated tempered glass in lieu of 1" tinted
tempered glass. Specification Section 08800 GLASS AND GLAZING: Add the
following to 2.01 GLASS MATERIALS: F. 1 " Insulating Glass: Two thick float glass
pieces separated by 1/2" air space banded or un-banded equal to PPG T-window.
Provide tempered glass where scheduled.
ITEM NO.2: Specifications, Section 01020 Allowances: Reduce 1,03 CASH ALLOWANCES, D.
Door and Cabinet Finish Hardware dollar amount from $26,700.00 to $16,700.00.
Clarification Note: Hollow Metal work is provided by the Contractor under Section
08100 and is not a part of this allowance.
ITEM NO. 3: Specifications, Section 01010 Special Conditions: Revise 1,05 J. Construction
Dust/Sound Barriers, 3. to read as follows: "Barrier shall be located north of Doors
No. 3 to the adjacent art gallery, from outside wall to outside wall, and at the
minimum distance away from the new partitions to allow construction work to occur."
Add the following item to 1.05 J.: "4. Gallery side of temporary partition shall have
5/8" thick gypsum board finish that is taped, textured and painted to match existing
adjacent painted walls in gallery."
ITEM NO. 4: Drawings, Sheet A101, Note PN-4 and Sheet A201, Elevation 03: Note that new
opening for louver shall match size, height and detailing of existing window openings
and shall have cast stone sill to match.
1
C
LUBBOCK VISITOR CENTER AT BUDDY HOLLY CENTER
LUBBOCK, TEXAS �•*�.,�
® l ��A�E of •r't" 11
BSA Consulting Engineers, PLLC •`�
�...........................
ADDENDUM NUMBER ONE / MONTY BRADSHAW
May 24, 2006
NOTICE TO BIDDERS:
The following shall be incorporated in and become a part of the original Drawings
and Specifications of the above -identified project. Please acknowledge receipt of
this Addendum by noting it on your Proposal.
Electrical Items:
Item 1: Drawings, Sheet MP101, add the following to Keyed Note #17:
"Existing louver shall be modified as required to recess into wall
pocket. Trim outside mounting angle frame of louver for recess
installation. Verify exact requirements with Architect prior to louver
installation."
Item 2: Drawings, Sheet MP101, change the condensate drain line size in
Keyed Note #15 to a 3/4" line.
Item 3: Drawings, Sheet MP102, replace the French Drain detail with the
revised attached detail dated 5-24-06.
End of BSA Addendum
Electrical Addendum
Page 1 of 1
No Text
NEW CONDENSATE LINE
DOWN THRU EXISTING FLOOR
AND EXTENDED TO NEW DRAIN
EXISTING BUILDING
EXTERIOR WALL
4"TOP SOIL
4
6"X6"X4" CONCRETE SLAB
FLUSH Wl GRADE AND/OR PAVERS
CAST IRON FERRULE
WICOUNTERSUNK BRASS
CLEANOUT PLUG.
6" PERFORATED PVC PIPE
Y-6" LONG, PLUG
BOTTOM
FRENCH DRAIN DETAIL
NO SCALE
ADDENDUM #1, 5-24-06
FIN. GRADE
l'-O"GRAVEL. FILL ALL
SIDES AND BOTTOM.
RFP # 06-701-BM, Addendum # 2
t
City of Lubbock
PUBLIC WORKS CONTRACTING OFFICE
SUITE 102, MUNICIPAL BUILDING
1625 13rH STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2163 FAX: (806)775-3326
r ,
http://purchasing.ci.lubbock.tx.us
DATE ISSUED:
OLD CLOSE DATE:
NEW CLOSE DATE:
ADDENDUM #2
RFP#06-701-BM
Construct Visitor Information Center
at Buddy Holly Center
May 30, 2006
May 30, 2006 @ 3:00 P.M.
May 31, 2006 @ 10:00 A.M.
The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any
item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum,
shall remain in effect.
1. The due date and time are CHANGED from May 30, 2006 @ 3:00 P.M. to May 31, 2006 @ 10:00 A.M.
2. Offerors are reminded that the information requested in the EVALUATION CRITERIA, paragraph 32, in the
GENERAL INSTRUCTIONS TO OFFERORS must be submitted with their proposal along with the proposal
surety, proposal submittal lump sum proposal contract form, insurance requirement affidavit, safety record
questionnaire, and the suspension and debarment certification.
All requests for additional information or clarification must be submitted in writing and directed to
Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457.
Questions may be faxed to (806)775-3326 or Email to Bmacnair(@,,mylubbock.us .
THANK YOU,
CITY OF LUBBOCK
Bruce MacNair
Interim Public Works Contracting Officer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's responsibility
to advise the City of Lubbock Interim Public Works Contracting Officer if any language, requirements, etc., or any
combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must
be submitted in writing and must be received by the Interim Public Works Contracting Officer no later than five (5) business
days prior to the proposal close date. A review of such notifications will be made.
RFP # 06-701-BMAd2
RFP EVALUATION FORM
RFP #06-701-BM FOR: Construct Visitor information Center at Buddy Holly Center
Name of Offeror: Location:
Name of Evaluator:
Total Number of Points: Independent Review After Committee Discussion
IMPORTANT: During the process of evaluation and while meetings are in session, the Committee shall maintain confidentiality. No
member shall transmit, communicate, or otherwise convey preliminary conclusions or results of what was submitted by the respondents,
or that a given respondent will be recommended or selected All internal workings of the Committee shall be kept confidential until the
Committee has completed its work, its report, and the Lubbock City Council has officially awarded a contract to the selected respondent.
INFORMATION TO BE FURNISHED Included:
32.1 Relevant Company Information/Experience (30%)
32.1.1 Provide a description of successful experience in completing similar projects. Of particular
interest are projects where the institutions continued service the public while the work is
being performed. Record of performance based on previous work with the City and/or
other client references.
32.1.2 Provide a list of construction equipment to be used to perform the work. Include age,
manufacturer, and model number.
32.1.3 Provide a list of all projects the contractor failed to complete within the last three years.
32.1.4 Provide a list of any litigation which the contractor has ever been subject to over
construction means, methods, or costs.
32.1.5 Provide a list of all construction safety citations issued to the contractor within the last
three years.
32.1.6 Provide total contract value of work performed within the last three years, by year.
32.1.7 Provide total contract value of work currently being performed for public agencies.
32.1.8 Provide total bonding capacity, and provide a list of any instances in which bonding
companies refused to bond construction work.
32.1.9 Provide name and address of bonding agent and Surety Company.
32.1.10 Provide a list of all principal public works projects completed by the contractor within
the last three years.
32.1.11 Provide cost of largest public contract ever constructed by the contractor, and maximum
value of projects the contractor prefers to construct.
32.2 Personnel (30%)
32.2.1 Provide experience, type of work and length of relationship of all proposed
subcontractors.
32.2.2 Provide brief experience statements for all principal members of company, including
project managers and field superintendents.
32.2.3 Provide qualifications of any professional firm members, e.g. Professional Engineer,
Surveyor, etc.
32.3 Cost (40%)
32.3.1 Project cost information will be evaluated after evaluations of offerors and listed sub-
contractors' qualifications and experience listed above have been completed. Scoring
will be based on the total cost of items as shown on the Proposal Form.
PUR-018 (Rev. 01104)
TECHNICAL QUALIFICATIONS
(The sample criteria shown in the form cannot be used unless included in the original solicitation.)
1. Relevant Company Information/Experience (30%)
Record of performance of the firm. The ability to complete work on time and within budget.
Maximum
Item
Independent Review
After Committee Discussion
Points
Weight
points x Weight = Score
Points x Weight = Score
5
30
x 30 =
x 30 =
2. Personnel (30%)
Complete descriptions of products and services to be provided. Proposed methodology, exceptions, alternative and
innovative solutions with thorough descriptions and explanations.
Maximum
Item
Independent Review
After Committee Discussion
Points
Weight
points x Weight = Score
Points x Weight = Score
5
35
x 35 =
x 35 =
N
32.4 Cost (40%)
Itemized project price quote.
Price must be eliminated from the evaluation form for projects involving architectural or engineering services. Price
cannot be discussed or requested for architectural and/or engineering services until after the initial selection.
Otherwise, price must be given a very low score and weight. An offeror cannot accurately predict the cost of a project
from reading an RFP containing only general descriptions of the work to be performed. The costs submitted, if any,
must be considered as estimates and the RFP may include a phrase that any costs provided by the offeror shall be
Page 2 of 5
PUR-018 (Rev. 01/04)
based on the offeror's perception of what the City is 'requesting. A poorly written RFP can result in an extremely wide
cost spread between the low and high offerors.
Also, consider that price estimates at this stage can either be inflated by the offeror to cover all contingencies, or the
cost purposely understated to assure favorable consideration and placement as a finalist. A high price is often tendered
E
because the offeror has interpreted the RFP to require more services than the City really needs or desires. It is not
F unusual to see estimated prices fall 20% to 50% during negotiations when both parties come to a full agreement as to
exactly what is wanted. Discussions on price belong in the negotiation sessions and must not be a major evaluation
criterion at this stage of the process unless the cost is a major factor in an RFP that is highly detailed and exactly
specifies all of the work to be done. Do not judge the quality of an offer by a low initial cost proposal or, conversely,
eliminate an offeror solely because of a high initial cost proposal.
There is a very generic formula used when determining price as a factor for most contract proposals. All the
proposals are received and the lowest price of all the proposals becomes the standard by which all the proposals are
evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price
of the proposal being evaluated. That fraction is then multiplied by the weight of the price factor for the price score.
The formula looks like this:
Price Score = Weight * (Lowest Price/Current Proposal Price)
Item
Independent Review
After Committee Discussion
Weight
Weight x (Lowest Price/Current Proposal Price)
Weight x (Lowest Price/Current Proposal
Price)
25
25 X (LA)west Price/Current Proposal Price) =
25 X (Lowest Price/Current Proposal Price) _
1,
EVALUATOR CERTIFICATION
The point values indicated above, unless otherwise noted in the form, reflect my best independent judgment of the merits of the respondent. I further attest that
1) I have maintained confidentiality of this process, 2)1 have no personal interest in the respondent, 3) I understand that the results of the Committee's
evaluation must stand up to the public and legal scrutiny and be legally supported and defended, and 4) I am cognizant of the fact that the recommendation of
the Committee can lead to the selection of a vendor who can and will provide products or services, which will be acceptable and in the best interest of the City
of Lubbock.
rrc;
Signature Date
Points: 5-Excellent 4-Very Good 3-Average or Good 2-Satisfactory 1-Poor 0-Unacceptable
Page 3 of 5
PUR-018 (Rev. 01/04)
EVALUATION FORM INSTRUCTIONS
A. General
The evaluation criteria in the sample form are general in nature and not intended to apply to all projects. The
committee chairperson shall revise the form to match each solicitation being evaluated by adding or deleting criteria as
appropriate. The inclusion of criteria not described or referenced in.the original solicitation is prohibited.
B. Assigning Points
Points are assigned according to the degree of responsiveness of the information presented in the responses. The
. points indicate the quality of the response. "0" represents an unacceptable response, "1" -- poor, " T' -- satisfactory,
" Y -- average or good, "4" -- very good, "5" -- excellent. The committee chairperson can assign other numerical
values to the range of points allowed for grading the quality of the response. The "0" to "5" grading point range is
recommended for use because committee members easily can relate the quality of the response to this range of
numbers.
Only the best proposal for each category shall receive the maximum possible points for that category. The remaining
responses receive fewer points for that category. Although the scoring of points is a matter of subjectivity, the
committee member's judgment must be based on the information presented in the offeror's proposal.
An offeror shall not be penalized due to lack of experience with the City or given a point advantage because of
previous contract relationships with the City. The relevancy of such experience in terms of the RFD's scope of work
may be judged as with any other reference of the offeror. When the City is used in this manner as a "reference", a
reference check form must be completed and made part of the record. Point scores always shall be assigned in an
impartial and objective manner.
" C. Weighing Scores
Some criteria in the evaluation form are given more importance (weight) than others by assigning a higher multiplier
or weight factor to that criterion. Weights of "5", "loll, or "15" or similar series of values are used to calculate the
final score for the criterion. In the range 5110115, the factor "5" represents "moderately important", "10"--
"important", and "15" -- "very important". Assigned weights must correspond to the relative importance of the
evaluation criteria as specified in the RFP. Once a weight for an evaluation criterion is established, it cannot be
interpolated or otherwise changed by the committee members.
D. Scoring Columns
A B C D
MAXIMUM WEIGHT INDEPENDENT REVIEW REVIEW WITH COMMITTEE
4 ITEM DESC. POINTS FACTOR PTS X WT = SCORE PTS X WT = SCORE
(Criterion) (Pts) (Wt.) X (Wt.) = X (Wt.) =
The form has four main columns (A, B, C, and D). Column A identifies the maximum quality points allowed for each
criterion preprinted on the form ("5" if the "0" to "5" range is used). Column B is the weight column with the relative
importance weights of each criterion ("5", "10", or "15") preprinted on the form (Weights were previously calculated
by the chairperson). The weight used in column B also is preprinted in the spaces marked (Wt) in columns C and D of
that criterion.
During independent review (before the meeting of the full committee), each committee member reads the offeror's
response and inserts a point score for each criterion in the "POINTS" space in Column C. The best response for each
criterion listed receives the highest point value for that criterion. The responses for that criterion from the remaining
offerors receive fewer points according to their relationship to the "best" response. The committee member then
multiplies the points assigned by the preprinted weight factor. The result is the score for that criterion.
Negative or "0" point values can be assigned to evaluation criteria by the committee member. When an offeror states
that a given critical requirement will not be provided, a negative score must be assigned to that criterion that is
8i q � P g (-) gn
equal to the highest point value allowed for that item (for example, -5). If an offeror did not address an RFP
requirement, a point value of "0" is entered in the forma Negative scores are assigned only when the offeror takes
m exception to a required item or clearly states that the requirement is not part of its offer.
Insert brief comments under each criterion, explaining the reason for any unusually low or high scores. These notes
may be needed for reference during the full committee discussions if the points assigned are questioned by another
committee member, or to justify the committee member's score in the event of a protest by an unsuccessful offeror.
When finished with the independent review, total the scores for each offeror.
Page 4 of 5
PUR-018 (Rev. 01/04)
When the full committee meets to review the responses, new information received by a committee member from the
discussions of the full committee may result in the committee member deciding that a score requires changing. It is
z not unusual to have a committee member's original score changed because of new information discovered at the full
committee meeting. For example, one member could have "discovered" information that other members thought was
apparently missing from a response because the offeror put the information in an attachment instead of in the main
section of the proposal. The revised score then is entered by the committee member in column D (full committee
-' review) and calculated in the same manner as for Column C. If there are no changes to the independent review
(Column C), the same point value is transferred to column D. After committee discussions are complete, the scores in
column D are totaled.
The "0" to ' 5" point values assigned by a committee member in column D must always be independently arrived at
and must not represent a consensus of the committee. The only exception occurs when points are assigned as a result
of a single person review (for example, when the Finance Director assigns the score to use for an offeror when
reporting on the financial stability of that offeror or when references are checked by one person.)
Page 5 of 5
PUR-018 (Rev. 01/04)
i
a
CITY OF LUBBOCK
REQUEST FOR PROPOSALS
FOR
TITLE: CONSTRUCT VISITOR INFORMATION CENTER AT
BUDDY HOLLY CENTER
ADDRESS: LUBBOCK, TEXAS
RFP NUMBER: 06-701—BM
PROJECT NUMBER: 90406
CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE
Fl
1. NOTICE TO OFFERORS
2. GENERAL INSTRUCTIONS TO OFFERORS
3. PROPOSAL SUBMITTAL - PROPOSAL FOR UNIT PRICE 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
NOTICE TO OFFERORS
NOTICE TO OFFERORS
k
RFP #06-701-BM
Sealed proposals addressed to Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock,
Texas, will be received in the office of the Interim Public Works Contracting Officer, Municipal Building, 1625 13th
Street, Suite 102, Lubbock, Texas, 79401, until 3:00 P.M. on May 30, 2006, 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:
"CONSTRUCT VISITOR INFORMATION CENTER AT BUDDY HOLLY CENTER"
After the expiration of the time and date above first written, said sealed proposals will be opened in the office of
the Interim Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to
ensure that his proposal is actually in the office of the Interim Public Works Contracting Officer for the City of Lubbock,
before the expiration of the date above first written.
Proposals are due at 3:00 P.M. on May 30, 2006, and the City of Lubbock City Council will consider the
proposals on June 6, 2006, 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 proposals and waive any formalities. The successful
proposer 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
proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount
of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be
issued by a company carrying a current Best Rating of B or superior.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal
submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten
(10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE
PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE
PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL.
It shall be each proposer's 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 proposal submitted. There will be a non -mandatory pre -
proposal conference on May 23, 2006 at 10:00 A.M., in the Buddy Holly Center Conference Room, 1801 Ave. G,
Lubbock, Texas.
Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q,
Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S
EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT,
http:b*.thergproductioncompany.com/, Phone: (806) 763-7770. Additional sets of plans and specifications may be
obtained at the proposer's expense.
Attention of each proposer 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 Interim Public Works Contracting Officer of the City of
Lubbock, which document is specifically referred to in this notice to offerors. Each offerors 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 offerors that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in
response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national
origin in consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal
meetings and proposal openings are available to all persons regardless of disability. If you would like proposal
information made available in a more accessible format or if you require assistance, please contact the City of Lubbock
ADA Coordinator at (806) 775-2018 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
duce i WZW
BRUCE MACNAIR, INTERIM PUBLIC WORKS
CONTRACTING OFFICER
No Text
I
GENERAL INSTRUCTIONS TO OFFERORS
PROPOSAL DELIVERY TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive proposals to furnish CONSTRUCT
VISITOR INFORMATION CENTER AT BUDDY HOLLY CENTER per the attached
specifications and contract documents. Sealed proposals will be received no later than 3:00 P.M. CST,
May 30, 2006 at the office listed below. Any proposal received after the date and hour specified will be
rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in
a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP# 06-701-11M,
CONSTRUCT VISITOR INFORMATION CENTER AT BUDDY HOLLY CENTER" and
the proposal opening date and time. Offerors must also include their company name and address on the
outside of the envelope or container. Proposals must be addressed to:
Bruce MacNair, Interim Public Works Contracting Officer
City of Lubbock
1625 13th Street, Suite 102
Lubbock, Texas 79401
1.2 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting
Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If
proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that
provides a receipt.
1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private
courier service. No proposals will be accepted by oral communication, telephone, electronic mail,
telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX
PROPOSALS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an
addendum.
2 PRE -PROPOSAL MEETING
2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory pre-
nronosal meeting will be held at 10:00 A.M.. Mav 23. 2006 in Buddv Hollv Center Conference Room.
1801 Ave. G. Lubbock, Texas. All persons attending the meeting will be asked to identify themselves
and the prospective proposer they represent.
2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory.
The City will not be responsible for providing information discussed at the pre -proposal meeting to
offerors who do not attend the pre -proposal meeting.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over
the Internet at http://www.RFPdoot.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may
r request an interpretation thereof from the Public Works Contracting Office. At the request of the
4. proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive,
the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such
addenda issued by the Public Works Contracting Office will be available over the Internet at
hqp://www.RFPdepot.com and will become part of the proposal package having the same binding effect
as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE
F
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4
5
BINDING. In order to have a request for interpretation considered, the request must be submitted in
writing and must be received by the City of Lubbock Public Works Contracting Office no later than five
(5) days before the proposal closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Public Works Contracting Office in writing or in this RFP should be
used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of
this RFP with any individuals, employees, or representatives of the City and any information that may
have been read in any news media or seen or heard in any communication facility regarding this proposal
should be disregarded in preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all
requirements before submitting a proposal to ensure that their proposal meets the intent of these
specifications.
4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the requirements of
this Request for Proposals. Failure to make such investigations and examinations shall not relieve the
proposer from obligation to comply, in every detail, with all provisions and requirements of the Request
for Proposals.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Interim Public Works Contracting Officer and a clarification obtained before the
proposals are received, and if no such notice is received by the Interim Public Works Contracting
Officer prior to the opening of proposals, then it shall be deemed that the proposer fully
understands the work to be included and has provided sufficient sums in its proposal to complete
the work in accordance with these plans and specifications. If proposer does not notify the Interim
Public Works Contracting Officer before offering of any discrepancies or omissions, then it shall be
deemed for all purposes that the plans and specifications are sufficient and adequate for completion
of the project. It is further agreed that any request for clarification must be submitted no later
than five (5) calendar days prior to the opening of proposals.
PROPOSAL PREPARATION COSTS
5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a proposal.
5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer.
TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial
decision, including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline
to release such information initially, but please note that the final determination of whether a particular
portion of your proposal is in fact a trade secret or commercial or financial information that may be
withheld from public inspection will be made by the Texas Attorney General or a court of competent
jurisdiction. In the event a public information request is received for a portion of your proposal that you
have marked as being confidential information, you will be notified of such request and you will be
required to justify your legal position in writing to the Texas Attorney General pursuant to Section
552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas
Attorney General or a court of competent jurisdiction that such information is in fact not privileged and
confidential under Section 552.110 of the Government Code and Section 252.049 of the Local
Government Code, then such information will be made available to the requester.
6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas
Open Records Act.
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or
may be required to pay.
UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their proposal submittal how they would utilize local resources.
9 CONFLICT OF INTEREST
9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not
offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special
treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise
of discretion concerning this proposal.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All offerors 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.
11 PLANS FOR USE BY OFFERORS
It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as
noted in the Notice to Offerors.
12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall
be the offerors resvonsibility to advise the Interim Public Works Contractin-- Officer if anv language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in
this RFP to a single source. Such notification must be submitted in writing and must be received by the
City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing
date. A review of such notifications will be made.
12.2
Bruce MacNair, Interim Public Works Contracting Officer
City of Lubbock
Public Works Contracting Office
1625 13`h Street, Suite 102
Lubbock, Texas 79401
Fax: 806-775-3326 or 806-767-2275
Email: Bmacnair(RMylubbock.us
RFPDepot: http://www.RFPdgpot.com
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within NINETY
(90) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by
the City of Lubbock to the successful proposer.
13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
14 PAYMENT
! All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
Ell,
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
t 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.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately
until incorporated into the project. The presence or absence of a representative of the City on the site will not
relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and
methods set forth in the contract documents provide minimum standards of quality, which the Owner believes
necessary to procure a satisfactory project.
; 17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within ONE year from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will
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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
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the procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
E]" 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
0] 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 proposals
U-1 have been opened and before the contract has been awarded, to require of a proposer the following information:
(a) The experience record of the proposer 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 proposer.
(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades,
signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the
project.
23 EXPLOSIVES
23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result
of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall
use utmost care so as not to endanger life or property and the Contractor shall further use only such
methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and
such notice shall be given sufficiently in advance to enable the companies to take such steps as they may
(; deem necessary to protect their property from injury. Such notice, however, shall not relieve the
Contractor of responsibility for any damage resulting from his blasting operations.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful proposer shall be required to furnish the name address
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and telephone number where such local representative may be reached during the time that the work contemplated
by this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL
nTa INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT
NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. 'IT SHALL
BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF
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OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
26 LABOR AND WORKING HOURS
26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem
wages included in these contract documents. The wage rate that must be paid on this project shall not be
less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
proposer' 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 proposer's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Construction work under this contract requiring an inspector will not be performed on weekends or
holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a
diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
1 condition so that it is no longer dangerous to property or life.
27 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.
g
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered.
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29 PREPARATION FOR PROPOSAL
29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall
be correctly filled in and the proposer 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.
29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized
agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or
corporate name and business address must be given, and the proposal signed by an official or duly
authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and
endorsed on the outside of the envelope in the following manner:
28.3.1 Proposer's name
28.3.2 Proposal for (description of the project).
29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the
proposals, but no proposal may be withdrawn or altered thereafter.
29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been
opened may not be changed for the purpose of correcting an error in the proposal price.
THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE
i PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
30 BOUND COPY OF CONTRACT DOCUMENTS
Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the
following:
(a) Notice to Offerors.
(b) General Instructions to Offerors.
(c) Proposer's Submittal
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
{ (i) Insurance Certificates for Contractor and all Sub -Contractors.
J (j) All other documents made available to proposer for his inspection in accordance with the Notice to
_ Offerors.
If Plans and Specifications are too bulky or cumbersome to be physically bound, the are to be considered
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incorporated by reference into the aforementioned contract documents.
31 QUALIFICATIONS OF OFFERORS
The proposer 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 proposer may also be required to give a past history and references in order to
satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable
9
investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the
proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The
proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence
submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly
qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the
,, proposer's qualifications shall include but not be limited to:
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(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the proposer to perform the work or provide the service promptly or within the time specified,
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs with
City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar
municipal and similar non -municipal current and completed projects for the past three (3) years for review. This
list shall include the names of supervisors and type of equipment used to perform work on these projects. In
addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work
on this project in compliance with City of Lubbock specifications herein.
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32 EVALUATION CRITERIA
The following criteria will be used to evaluate and rank submittals:
32.1 Relevant Company Information/Experience (30%)
32.1.1 Provide a description of successful experience in completing similar projects. Of particular
interest are projects where the institutions continued service the public while the work is being
performed. Record of performance based on previous work with the City and/or other client
references.
32.1.2 Provide a list of construction equipment to be used to perform the work. Include age,
manufacturer, and model number.
32.1.3 Provide a list of all projects the contractor failed to complete within the last three years.
32.1.4 Provide a list of any litigation which the contractor has ever been subject to over construction
means, methods, or costs.
32.1.5 Provide a list of all construction safety citations issued to the contractor within the last three
years.
32.1.6 Provide total contract value of work performed within the last three years, by year.
32.1.7 Provide total contract value of work currently being performed for public agencies.
32.1.8 Provide total bonding capacity, and provide a list of any instances in which bonding companies
refused to bond construction work.
32.1.9 Provide name and address of bonding agent and Surety Company.
32.1.10 Provide a list of all principal public works projects completed by the contractor within the last
three years.
32.1.11 Provide cost of largest public contract ever constructed by the contractor, and maximum value of
projects the contractor prefers to construct.
32.2 Personnel (30%)
32.2.1 Provide experience, type of work and length of relationship of all proposed subcontractors.
32.2.2 Provide brief experience statements for all principal members of company, including project
managers and field superintendents.
32.2.3 Provide qualifications of any professional firm members, e.g. Professional Engineer, Surveyor,
etc.
32.3 Cost (40%)
32.3.1 Project cost information will be evaluated after evaluations of offerors and listed sub -contractors'
qualifications and experience listed above have been completed. Scoring willbe based on the
total cost of items as shown on the Proposal Form.
33. EVALUATION PROCESS
33.1 All proposals will be evaluated by an evaluation committee which may include senior
management representatives, a financial officer, and/or an independent consultant.
33.2 Respondents to this RFP may be required to submit additional information that the City may
deem necessary to further evaluate the offeror's qualifications.
33.3 The committee will evaluate and numerically score each proposal in accordance with the evaluation
criteria included in the Request for Proposal.
33.4 The committee will arrive at a short list of the top respondents and these short-listed respondents may be
scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the
City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed
respondents will be completed. The oral interview may be recorded and/or videotaped.
34. SELECTION
34.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most
advantageous to the City of Lubbock considering the relative importance of evaluation factors included in
this RFP.
34.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY
THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.
34.3 The City shall select the offeror that offers the best value for the City based on the published selection
criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected
offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or
time modification and any price change associated with the modification. If the City is unable to negotiate
a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that
offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or
all proposals are rejected.
34.4 In determining best value for the City, the City is not restricted to considering price alone, but may
consider any other factor stated in the selection criteria.
1
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L_Lj
PROPOSAL SUBMITTAL
LUMP SUM PROPOSAL CONTRACT
DATE: Max 30,2QAh
PROJECT NUMBER: RFP# 06-701-BM - CONSTRUCT VISITOR INFORMATION CENTER AT BUDDY
HOLLY CENTER
Proposal of Pharr Construction Co., Inc. d/b/a Pharr & Company (hereinafter called Proposer)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the construction of a CONSTRUCT VISITOR
INFORMATION CENTER AT BUDDY HOLLY CENTER having carefully examined the plans, specifications,
instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and
being familiar with all of the conditions surrounding the construction of the intended project including the availability of
materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance
with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The
price to cover all expenses incurred in performing the work required under the contract documents and in accordance with
the ESTIMATED BUDGET AMOUNT of 23� 0,000.
BASE PROPOSAL Construct Visitor Information Center including the removal of paint from brick
walls.
MATERIALS: One hundred forty seven thousand six hundred
SERVICES: Ninety Eight Thoussand Four Hundred _____ ($ 98.400 00 )
TOTAL
PROPOSAL: Two Hundred Forty Six Thousand and no/100 ---_ ($ 246,QQQ 0.0 )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
ALTERNATE PROPOSAL Construct Visitor Information Center using furring and sheet rock over painted
brick walls, in lieu of removing paint from walls.
MATERIALS: One Hundred Forty Four Thousand ---- ($ 144.000.00 )
SERVICES: Ninety Seven Thousand ---- ($ 97.000.000 )
TOTAL
PROPOSAL: Two Hundred Forty One Thousand and no/100 --- ($ 241.000.00 )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Offeror's Initials
F-i
ADDITIVE OPTION Construct freestanding sign.
NIATERIALS: Twenty Six Thousand ---
C
SERVICES: Fourteen Thousand --- ($ 14,nnn_nn )
TOTAL
PROPOSAL: Forty Thousand and no/100 ---- ($ 40 , 000.00 )
(Amount shall,be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Proposer hereby agrees to commence the work on the above project on or before a date to be specified in a written
F]:
"Notice to Proceed" of the Owner and to substantially complete the project within 19a 0 Days Completed by
Contractor) ( One Hundred Fifty Oatendar pays ) (Written Days Completed by Contractor)
consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Proposer hereby
further agrees to pay to Owner as liquidated damages the sum of $25 (TWENTY-FIVE) for each consecutive calendar
day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general
conditions of the contract documents.
Proposer understands and agrees that this proposal submittal shall be completed and Submitted in accordance with
instruction number 29 of the General Instructions to Offerors.
Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any formality in
the proposing.
The Offeror agrees that this proposal shall be good for a period of thirty (30) calendar days after the scheduled
closing time for receiving proposals.
E]J 10
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the
ans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to
Acommence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which.he has proposed, as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total
amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance
policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him.
Offeror's Initials
t
2
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ .) or a Bid/Proposal Bond in the sum of
Five Ppreent n f t n t a l amrn,n t hid Dollars (S 5% ), which it is agreed shall be collected and
retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the
undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if
any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of
said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Offeror„understands and agrees that the contract to be executed by Offeror shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Offerors.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed proposal that has been opened may not be
changed for the purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE
PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL
SUBMITTAL FORM PRIOR TO PROPOSAL OPENING
(Seal if Offeror is a Corporation)
ATTEST:
Secr
Offeror acknowledges receipt of the following addenda:
Addenda No. 1 Date 5/ 2 4/ 0 6
Addenda No. �2Date 5La01 /oholh
Addenda No. Date
Addenda No. Date
Date:
?�uthorizedygniture
Jimmv R..Pharr
(Printed or Typed Name) Vice President
Pharr & Company
Company
P.O. Box 2791
Address
Lubbock Lubbock
City, County
Texas 79408
State Zip Code
Telephone: 806 - 763-5263
Fax: 806 - 763-5843
M/WBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other (Specify)
%RmPMAY-30-2006 12:06
t:
BFI BOND DEPT
CITY OF LUBBOCK
INSURANI CE REQUIREMENT AFFIDAVIT
To Be Completed by Offeror and,Agent
AM Attached to Proposal Submittal
9407661620 P.01i01
I, the undersign: Offeror, certify that the insurance requirements oontained in this proposal document bave been
reviewed by me with the below identified Insurauce Agent/Broker. If I am awarded this contract by he City of Lubbock,
I will be able to, within can (10) business days after being notified of such award by the City of Lubbock, furnish a valid
insurance certificate to the City meeting all of the requirements defined in this proposal.
Z. - - 'JiTy y R _ Pharr
tractor (Si taro) Contractox (Flint)
CONTRACTOR'S FULM NANO: Pharr Construction Go., Tnr. Af'6/b phsrrr s G.. parry
(Phut or Type)
CONTRACTOR'S FIRM ADDRESS: P . 0. Box V 91
Lubbock, Texas 794Q.L
Agent / Broker
Address of Agent/Broker: P . o _ nos 97 a t i
City/Starr.Mp: W� ahfta F,441g- xexsis 763.=
AgauBroker Telephone Number: ( 94o ) 12 -4-7>> 1 -
Date May 3Q, 2006
NOTE TO CO1YTItACTOR
Xf the time requirement specified above is not met, the City has the right to reject this proposal mad award the
contract to another contractor. If you have any questions concerning these requiremeats, please contact the
Uteri= Public Works Contracting Officer for the City of Lubbock at (806) 775-7163.
PROPOSAL # 06-701-BM - CONSTRUCT VISITOR INFORMATION CEN-MR AT BUDDY HOLLY CENTER
TOTAL P.01.
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Proposal Submittal
(M oP )
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
.i Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to
Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and
criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts.
The definition and. criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
�_. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
4
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
der and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
2 contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
three (3) questions and submit them with their proposals:
QUESTION ONE
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES NO--a-
If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
assessed.
6
QUESTION TWO
1 Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
YES NO x -
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death?
YES NO X
If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected.
S afore i y R. Pharr
Vice President
Title
SUSPENSION AND DEBARMENT CERTIFICATION
C
Federal Law (A- 102 Common Rule and OMB Circular A-1 10) prohibits non -Federal entities from contracting with or
making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are
suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of
$25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and
F1 its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals
are not suspended or debarred by a Federal agency.
1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or
debarred by a Federal agency.
COW
Signab
Date S
Printed name of company official signing above: Jimmy R. Pharr
J,
i�
O
H
z
w
d
a
Bond #104727620
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
Pharr Construction Co., Inc. dba
KNOW ALL MEN BY THESE PRESENTS, that Pharr & Company(hereinafter called the Prineipal(s),
as Prineipal(s), and Travelers Casualty and Surety Co=any of America
(hereinafter called the Surety(s), as Surety(s), art; held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of M HNi2 D TLC W fIQF''mnRAm Dollars ($ 991 crn � lawful money of the
United States for the payment whereof, the sai4 Principal and Surety bind themselves, and their heirs, administrators,
executors, smcessora and assigns, jointly and sev rally, firmly by these presents.
•.
i,4_- h • • \ '/�:_ M_ 1 __ N : 1� • ; u �,► sl►IIM�1: e : Is s . a al►lili�l:
and said Principal under the law is required befocommencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, TT3EREFORE, THE CONDITIO OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to hiz or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation "I be void; of uvr rise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on tl is bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
12 th day of June 20_ofl,,,.
T aaelecs Cas<. Ity and Surety Carpa<ry of Anerica
Surety
may: � - _-
(Title) Attorney-itrFact
Plorr ConsrrLz= Co. , Inc. dua
Pharr & CarpEKY _
(Company Name)
By. .T4— 8 .Pharr
Name)
i afore)
lira Pracident
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates _ ALm H= Nom- Y an anent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Tcavelm Casualty and Surety Carpazy of Ar
Surety
* By: Q t�, Za—cill )
(title) Ait=e- -in-Fact
Approved as to form:
City of Lubbock
By:
Attorney
Note: If sigried by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Pact, we must have copy of power of
attorney for our files.
2
L-J
i
Tkwelers Casualty and Surety CcapEtV of Anerica
Surety
(Title) Attonve -in-Fact
Bond #10472760
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVER13NCENT CODS
(CONTRACTS MORE THAN $100,000)
Mid Pharr Construction Co., Inc. dba
L j KNOW ALL MEN BY THESE PRESENTS, that Pharr & Company(hereinafter called the Principal(s),
as Principal(s), and Tra�1 P:g Casualty and Surety Company of America
9 (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
t==
Obligee), in the amount of —W HMED TWM (NE TMLE D Dollars (S 2 4000•00) lawU money of the
r United States for. the. payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 8th day of
June . 20 06 , to OTiST1 U VISTILR RFaWnCN MUM AT 11MY H)LLY CiTlgR—
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specificationas and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
MOVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (a) and Surety (s) have signed and sealed this instr=ent this 8th
day of June . 20 06.
fllarr k-LIMLruL�tim W. � Inc. cilia
Aiarr & Gnpany
(Company Name)
By: Jfmmv R. Pharr
Name)
i ture)
�7; ro Praci rlant
(Title)
The undersigned surety company represents that it is duly quaMed to do business in Texas, and hereby
designates Alai IhM A&erraz< agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship,
'I�are.]as lty and Surety Cory of Awr
Surety
('Title) Attmpy-in-Fact
Approved as to Form
City of Lubbock
Bye
ty Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
2
STPAUL POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 215082 Certificate No. 000427605
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Donal Boley, Staci Gross, and Steve Deal
of the City of Wichita Falls , State of Texas , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their -business of, guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or perms ko in ark Pons V,pt?ceedings allowed by law.
d, A
a
IN WITNUS HEREOF, the Comp jeg have caused this instrument tmbe signtd and ttl coiporate seals to be hereto affixed, this 13th
day of 1vMarc
Farmington Casualty Co!�pttgaQ ' St. Paul Guardian Insurance Company
Fidelity and Guaranty I[stran "ppaui ' St. Paul Mercury Insurance Company
Fidelity and Guaranty Insu* nderwiifers, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
�, s�q Sl aElY FIRE a �*N•, MSG aY +Nsuq * a tY ;Na Y
2' rL 7F r 4y QO: • 9 J 91,`q 9J �` �
% r'CORATED m �r .,. F;n WipOaPORgl�'•',n u �, V!
Ii4RTFORO, + HAAiPOR0.
y ; 1977 1951 m's2% �' SEAI T'J„ ' W cONN. o >P N t896
°ff S8AL1u Oe0
,�d \vf•. .: as +ed �c � 16,. �,+}
'r.
State of Connecticut
City of Hartford ss.
By:
9491 W ompson, Sen r Vic President
13th March 2006
On this the day of before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
C►•TL
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2006. �e«�
Marie C. Tetreault, Notary Public
58440-9-05 Printed in U.S.A.
THIS POWER OF
THE
STPAUL
TRAVELERS
St. Paul Travelers Bond
1301 E. Collins Blvd
Richardson TX 75081
Phone: 800-842-0612
Fax:214-570-6405
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675-3057
(267) 675-3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
CERTIFICATE OF INSURANCE
ACORD CERTIFICATE OF LIABILITY INSURANCE CSR rrB DATE(MWDD/YYYY)
PHARC-1 06 15 06
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Boley Featherston Insurance
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. 0. Box 97513
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Wichita Falls TX 76307-7513
Phone: 940-723-7111 Fax: 940-322-9549
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: Bituminous Casualty Corp20095
INSURERB: Texas Mutual Ins CO
Pharr Construction Company Inc
INSURERC: Great American South Inc
INSURER D:
P 0 BOX 2791
Lubbock TX 79408-2791
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY
DATE MMIDD/YY
DATE ME POLICY M/DD/Y RATION
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1, 000, 000
A
X
GENERAL LIABLiTy
CLP3216270B
07/31/05
07/31/06
PREMISES (Eaoccurence)
$ 100, 000
MOMMERCAL
CLAIMS MADE a OCCUR
MED EXP (Anyone person)
$ 5 , 0 0 0
PERSONAL BADVINJURY
$ 1, 000, 000
GENERAL AGGREGATE
$ 2, 000, 000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2 , 0 0 0 , 0 0 0
POLICY X JE OT LOC
A
X
AUTOMOBILE
X
LIABILITY
ANY AUTO
CAP3216161B
07/31/05
07/31/06
COMBINED SINGLE LIMIT
(Ea accident)
$ 1 , 000 , 000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTYDAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS/UMBRELLALIABILITY
EACH OCCURRENCE
$ 3, 000, 000
A
X OCCUR FICLAIMSMADE
CUP2576265B
07/31/05
07/31/06
AGGREGATE
$ 3, 000, 000
$
$
HDEDUCTIBLE
$
X RETENTION $ 10, 000
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY OFF CERIMEMBER EXCLUDED? ECUTNE
TSF0001108071
07/31/05
07/31/06
TORY LIMITS X I ER
E.L. EACH ACCIDENT
$ 1000000
E.L. DISEASE - EA EMPLOYE
$ 10 0 0 0 0 0
If yes. describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$ 10 00000
OTHER
C
Builder's Risk
IMP1038410-05
07/31/05
07/31/06
maximum 7,500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE:CONSTRUCT VISITORS INFORMATION CENTER AT BUDDY HOLLY CENTER --CERTIFICATE
HOLDER IS NAMED AS PRIMARY ADDITIONAL INSURED IN REGARDS TO THE GENERAL
LIABILITY & AUTO POLICIES AS REQUIRED BY WRITTEN CONTRACT WITH A WAIVER OF
SUBROGATION IN FAVOR IN REGARDS TO THE GENERAL LIABILITY, AUTO AND WORKERS
COMPENSATION POLICIES
VCR 1 ini- it C nvr-uGR V/117VGL1.11I IV1I
LUBBC 02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
CITY OF LUBBOCK IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
P. 0. BOX 2000
LUBBOCK TX 79457 REPRESENTATIVES.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
CONTRACTORCHECKLIST
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
coverage ends during the duration of the project;
0) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
t
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
i. CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON
THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
E.,Cinclude in all contracts to provide services on the project the language in subsection e 3 of this
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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
;4 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.
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CONTRACT #6034
Fil STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 8th day of June, 2006 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and PHARR & COMPANY of the City of Lubbock, County of Lubbock and the
State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
PROPOSAL # RFP 06-701-BM - CONSTRUCT VISITOR INFORMATION CENTER AT BUDDY HOLLY CENTER-
$221,000
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. Pharr & Company's proposal dated May 30, 2006 is incorporated into
and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
f s The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CO CTOR:
If 0�4�
By:
PRINTED NAME: J] wmM R , P R Aft
TITLE: Y M PRE 51 JNE t,T
COMPLETE ADDRESS:
Company N A R- � (!,0fAk ftN Y
Address P. h .13bl a� Q l
City, State, Zip
ATTEST:
Co rate Secretary
CITY OF LUBBOCK, S (OWNER):
MAYOR
ATTEST:
City Vecretary
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit PHARR & COMPANY who has agreed to perform the work embraced in this
contract, or their legal representative.
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 FREDDY CHAVEZ CIVIC SERVICES DIRECTOR, 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 Offerors, General Instructions to Offerors, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to
Offeror for inspection in accordance with the Notice to Offerors. 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 Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
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.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the
authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the
contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in relation to said
work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
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
Iinspection and examination of the work. The Contractor shall regard and obey the directions and instructions of
any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are
consistent with the obligations of this Agreement and accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor
may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
71 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
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any
location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation
that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each
part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work
found to be defective or not in accordance with the contract documents, regardless of the stage of its completion
or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously
accepted the work through oversight or otherwise. If any such work should be covered without approval or
consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at
Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
-- 22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
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,
C
'j alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the 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 lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been
charged by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the
"actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
6
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the proposals are received, and if no such notice is received by the Owner's
' Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully
understands the work to be included and has provided sufficient sums in its proposal to complete the work
in accordance with these plans and specifications. If Contractor does not notify Owner's Representative
before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans
and specifications are sufficient and adequate for completion of the project. It is further agreed that any
request for clarification must be submitted no later than five (5) calendar days prior to the opening of
proposals.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
4 If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
f 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
<: hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
~? with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
( insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
f , the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE
ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO
THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL
PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED.
C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation
Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $300,000 Combined Single Limit,
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and
Non -owned Vehicles. The City is to be named as a primary 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 100% of the total contract price
(100% of potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance - NOT REQUIRED
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,00.
Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
E 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.
The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
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I .T 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
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who
will provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
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(_ carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
�- administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne
by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the proposal 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
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(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30-point bold type
and text in at least 19-point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 8001372-7743 or 5I21804-4000
(htty://www.twcc.state.tx.usltwcccontacts.html) 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.
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Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
j 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, material men 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.
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31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to offering.
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 proposingding 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 there from.
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
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may withhold permanently from Contractor's total compensation, the sum of $25 (TWENTY-FIVE) PER DAY,
not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every
working day that the Contractor shall be in default after the time stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is
expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the proposal; provided,
also, that when the Owner is having other work done, either by contract or by its own force, the Owner's
Representative may direct the time and manner of constructing work done under this contract so that conflicts will
be avoided and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 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
15
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 proposals offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
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
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.
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t-
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall
prepare a certificate for partial payment showing as completely as practical the total value of the work done by the
Contractor up to and including the last day of the preceding month. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
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
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.
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Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with
the written orders of the Owner's Representative, when such orders are consistent with this contract, then the
Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall
_. be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the
Contractor, no further notice of such non-compliance to Contractor shall be required.
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
18
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 proposals, after notice published as required by law, at least twice in a
newspaper having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what would
have been the cost under this contract, such increase shall be charged to the Contractor and the Surety
shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less
than that which would have been the cost to complete the work under this contract, the Contractor or his
Surety shall be credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of
completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or
when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner,
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and
the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor
and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said
notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public
or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery,
equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
19
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 Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety .Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the 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.
20
4
i
3
1 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.
11
56. NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock
for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the
then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at
any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the
-1 Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City
l shall not be obligated under this contract beyond the date of termination.
21
!LJ �-
RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Fire Sprinkler Fitter -Journey
Fire Sprinkler Fitter -Apprentice
Floor Installer
Glazier
Insulator-Piping/Boiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly Rate
11.50
12.00
7.50
9.00
12.50
12.50
7.00
11.00
7.00
9.00
11.00
15.00
8.00
10.00
9.00
18.00
10.00
9.50
10.50
10.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
L;1
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
9.00
Asphalt Shoveler
7.50
Concrete Finisher
9.00
Concrete Finisher -Helper
7.50
Electrical Repairer -Equipment
12.50
Flagger
6.50
Form Setter
8.00
Form Setter -Helper
6.50
Laborer -General
6.00
Laborer -Utility
6.75
Mechanic
9.00
Mechanic -Helper
7.00
Power Equipment Operators
Asphalt Paving Machine
9.00
Bulldozer
9.00
Concrete Paving Machine
9.00
Front End Loader
9.00
Heavy Equipment Operator
9.00
Light Equipment Operator
8.00
Motor Grader Operator
10.25
Roller
7.00
Scraper
7.50
Tractor -Trailer
8.50
Truck Driver -Heavy
8.00
Truck Driver -Light
7.00
2
I
EXHIBIT C
Prevailing Wage Rates
Overtime Rate
rq
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
fr
F
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EXHIBIT D
Prevailing Wage Rates
171 Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
4
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C77 M3 9710 9M FM r-.-.l F7q PTM F7-1 F-71
LUBBOCK VISITOR'S CENTER AT BUDDY HOLLY CENTER
CITY OF LUBBOCK
LUBBOCK, TEXAS
BGR ARCHITECTS
LUBBOCK, TEXAS
MAY 2, 2006
TABLE OF CONTENTS
►J
CONTRACT DOCUMENTS
00850 INTERNATIONAL ENERGY CONSERVATION CODE
COMPLIANCE STATEMENT------------------------------------------------1 thru 6
DIVISION 1 - GENERAL REQUIREMENTS
01010 Special Conditions--------------------------------------------------------------- 1 thru 6
01020 Allowances------------------------------------------------------------------------- 1
01100 Alternate Bid and Additive Options ------------------------------------------- 1
01340 Shop Drawings, Product Data and Samples ------------------------------ 1 thru 2
01630 Substitution and Product Options -------------------------------------------- 1 thru 2
01700 Contract Closeout Requirements---------------------------------------------1 thru 4
DIVISION 2 - SITEWORK
02515 Brick Pavers----------------------------------------------------------------------- 1 thru 2
DIVISION 3 - CONCRETE
03300 Concrete Work -------------- —------------------------------------- --------------- 1 thru 7
DIVISION 4 - MASONRY
04100 Mortar------------------------------------------------------------------------------- 1 thru 3
04200 Unit Masonry -------------------------------------- -------------------------------- 1 thru 6
04435 Cast Stone------------------------------------------------------------------------- 1 thru 6
04503 Interior Masonry Paint Removal and Cleaning ---------------------------- 1 thru 4
DIVISION 5 - NOT USED
DIVISION 6 - WOOD AND PLASTICS
06100 Carpentry --------------------------------------------------------------------------- 1 thru 4
06220 Millwork----------------------------------------------------------------------------- 1 thru 4
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07210 Building Insulation---------------------------------------------------------------- 1 thru 2
07900 Caulking and Sealants---------------------------------------------------------- 1 thru 3
DIVISION 8 - DOORS AND WINDOWS
08100 Custom Hollow Metal Work ---------------------------------------------------- 1 thru 3
08700 Finish Hardware---------------------------------------------------------- -------- 1 thru 4
08800 Glass and Glazing--------------------------------------------------------------- 1 thru 3
page -1
Ri
SECTION 00850 - INTERNATIONAL ENERGY CONSERVATION CODE COMPLIANCE STATEMENT
The Compliance Statements that follow are provided for use by the Building Code Official having
jurisdiction in the permit application process. This project utilizes the International Energy Code,
2000 edition as a basis for energy efficient design,
i
The following Compliance Statements are provided:
1, Mechanical Compliance Report and Mechanical Requirements Description
2. Lighting Compliance Certificate and Lighting Application Worksheet
The reports were generated utilizing COMcheck-EZ Software Version 2.2 release 1 a
00850 - 1
Permit g
Permit Date
�( COMcheck Software Version 3.2.0
Lighting Compliance Certificate
2000 IECC
Report Date: 05101/OS
Data filename: N%erveMERVEROSA Coneultlnp Engineers, PLLC12008 Jobs)08-0101BuddyHoliy.cck
llilrolo-
Project Section 1: Project Information
Title; Lubbock Visitors Center at Buddy Holly Center
Construction Site: Owner/Agent Designer/Contractor:
19th Street 3 Ave G BGR Architects, Inc. Monty Bradshaw, P.E.
Lubbock, TX 2118 34th Street BSA Consulting Engineers, PLLC
Lubbock, TX 79411 6502 Slide Road, Suite 304
808-747-3881 Lubbock, TX 79424
8OS-780-7475
Section 2: General Information
Building Use Description by: Activity Type
Project Type: Now Construction
Acthr& Ivice(sl Floor Area
Museum 1300
Section 3: Requirements Checklist
Interior Lighting:
_ ❑ 1. Total actual watts must be loss then or equal to total slowed watts.
Allowod Watts Actual Watts Complies
2080 232 YES
Exterior Lighting:
❑ 2. Efficacy greater than 45 lumens/W.
Excepdorm
Specialized lighting highlighting features of historic buildings; signage; safety or security lighting; low -voltage landscape
lighting.
Controls, Switching, and Wiring:
❑ 3. Independent controls for each space (switehloccupancy sensor).
Exceptions:
Areas designated as security or emergency areas that must be continuously ilkarkated.
Lighting In stairways or corridors that are elements of the means of egress.
❑ 4. Master switch at entry to hotel/motel guest room.
❑ 5. Each space provided with a manual control to provide unibnn light reduction capability.
Exceptions:
only one IurnInalre In space;
An occupant -sensing device controls the area;
The area Is a corridor, storeroom, restroom, public lobby or guest room;
Page 1 of 5
Permit 0
Permit Date
�( COMcheck Software Version 3.2.0
Lighting Application Worksheet
20001ECC
Report Date:
Date filename: MiarverlSERVERIBSA Consulting Engineers, PLLC1200ti Jobs108-0101Buddyliolly.cck
r Section 1: Allowed Lighting Power Calculation
A B C D
Area Category Floor Area Allowed Allowed Watts
(M) Watts 1112 (B x C)
Museum 1300 1.6 2080
Total Allowed Watts ■ 2080
Section 2: Actual Lighting Power Calculation
A
B
C
D
E
Fixture ID : Description / Lamp / Wattage Per Lamp / Ballast
Lamps/
8 of
Fixture
(C X D)
Fixture
Fixtures
Watt
Linear Fluorescent 1: A, Al: 20 Troffers / 48' TS 32W / Electronic
3
2
91
182
Incandescent 1: F: Downiight 1 Incandescent 50W
1
1
50
50
incandescent 2: B: Track Lighting / Incandescent SOW
1
72
50
Exempt
Exemption:Gallery/MuseunVMorwment Exhibits
_
Total Actual Watts
232
Section 3: Compliance Calculation
If the Totrlt Allowed Watts minus the Total Actual Watts is greater than or equal to zem, the building complies.
Total Mowed Watts = 20W
Total Actual Watts = 232
Project Compliance = i848
In
Page 3 of 5
❑ 9. R-5 supply and return air duct insulation In unoondltbned spaces R-8 s*py and return air duct insulation outside the
building R-8 Insulation between duets and the building exterior when ducts are part of a building assembly
- Exception: Ducts located within equiprruerd
- Exception: Ducts with interior and exterior temperature difference not exceeding 15 degrees F.
❑ 10. Ducts sealed - longitudinal seams on rigid dusts; transverse seams on all ducts; UL 181A or 181 B tapes and mastics
i
❑ 11. Mechanical fasteners and seaients used to conned duct and air distribution equipment
❑ 12. Hot water pipe Insulation: 1 in. for pipes —1.5 in. and 2 In. for pipes >1.5 in. Chilled water/refrigerant/brine pipe insulation: 1
In. for pipes —1.5 In. and 1.5 in. for pipes >1.5 In. Steam pipe Insulation: 1.5 In. for pipes -1.5 In. and 3 in. for pipes >1.5
i
in.
Exception: Piping within HVAC equipment
Exception: Fluid temperatures between 55 and 105 degrees F
- Exception: Flied not heated or cooled
- Exception: Rurouts <4 It In length
❑ 13. Opambm and maintenance manual provided to building owner
❑ 14. Balancing devices provided in accordance with IMC SM.15
Section 5: Compliance Statement
CompNance Statement The proposed mechanical design represented in this document is consistent with the bulding plans,
spedNatlons and other calculations submitted with this pern t application. The proposed mechanical systems have been designed
to most tM 20M IECC, Chapter 8, requirements In COMcheck Versio 3.2.0 and to comply with the mandatory requirements in the
utrements Checklist.
�j;a
j
Principal Mechanical Designer -Name Signature V Date
Page 5 of 5
SECTION 01010 - SPECIAL CONDITIONS
1.01 RELATED DOCUMENTS: Applicable requirements of the General Conditions and
Supplementary Conditions apply to work specified in this section.
1.02 EXAMINATION OF SITE:
A. Bidders are expected to visit the site of the building and compare the Drawings and
Specifications with existing conditions, and inform themselves of all conditions,
which will affect this work. Failure of the successful Bidder to do so will in no way
relieve the Bidder from necessity of furnishing any materials, labor, or equipment, or
performing any work that may be required to complete work in accordance with
Drawings and Specifications, without additional cost to the Owner.
1.03 NOTIFICATIONS:
A. Contractor shall give the Architect verbal notification at least 48 hours prior to
commencing any of the following:
Concrete Placement
Masonry
Installing Insulation in Concealed Spaces
Installation of Ceiling Board in Grid Ceilings & installation of Tin Ceiling Tile
Painting
Testing Water, Gas, Sewer & Refrigerant Lines
Setting Heating/Air Conditioning Units
1.04 PROTECTION AND ACCESS:
A. Contractor shall adequately protect adjacent property at all times, and shall make
good at his own expense any damage to such property arising out of any operation
connected with his contract.
B. Contractor shall at all times provide protection against weather - rain, wind, storms,
frost, or heat so as to maintain all work, materials, apparatus and fixtures from injury
or damage. At the end of the day's work all new or old work likely to be damaged
shall be covered.
1.05 SPECIAL PROJECT PROCEDURES:
A. ALTERATIONS AND ADDITIONS TO EXISTING FACILITIES:
1. Contractor shall cooperate with the Owner in scheduling his work. Due to
the nature of the work required by this contract, all operations must be
coordinated with the Owner to insure a minimum of interference with the
continuing use of the existing facilities.
a. The contractor shall provide the Owner and the Architect with a
weekly schedule identifying and listing all work related activities
anticipated with particular attention given to identifying any activities
that would interfere with Owner's ongoing events at the facility -
activities creating noise, dust or odors, or activities that require
blocking of access shall be included. Contractor shall make this
schedule available one week in advance of when the activities
occur.
b. The Owner will advise the Contractor, where possible, of scheduled
events in advance to allow the contractor to coordinate his work. It
01010 - 1
site. Any damage caused by Contractor or his Subcontractor's shall be
repaired immediately at his expense.
D. REPAIR OF DAMAGE:
1. Contractor shall be responsible for any loss or damage caused by him, his
workmen, or his subcontractors to the work or materials, to tools and
equipment of one another, to adjacent property and persons, and shall
make good any loss, damage or injury without cost to the Owner.
E. EXISTING UNDERGROUND UTILITIES:
1. Existing underground lines occur in the site where the work is to be done.
Contractor shall arrange with the various utility companies or with the Owner
where appropriate for the staking of such lines if necessary for the benefit of
the Owner and Contractor prior to start of the work.
F. NEW UTILITY CONNECTIONS:
1. Utility Service: Coordinate with Owner for shut-off, capping and
continuation of utility services as required.
2. Outages: Two days prior notice of all utility outages must be given to the
Owner, and all work of this nature must be approved and coordinated with
the Owner.
G. LAWN SPRINKLER SYSTEM:
1. Contractor shall protect all portions of the underground sprinkler system
located within the designated limits of construction area. Any damage
incurred to the system shall be repaired or replaced by Contractor as
directed at the Contractor's expense.
H. CONSTRUCTION ACCESS:
1. Access to remodeled area for workmen and construction materials shall be
as determined by the Owner:
J. CONSTRUCTION DUST/SOUND BARRIERS:
1. Contractor shall construct and maintain polyfilm dust/sound barriers to
prevent the spread of construction dust and sounds into the adjacent
occupied spaces of the existing building. .
2. Construct barriers of 2 x 4 wood studs, with 4-mil polyfilm on each side. Fill
cavities of studs with 4" unfaced fiberglass insulation.
3. Locate barriers as required and as directed by Owner.
K. SMOKING: Smoking in the remodeling construction area is strictly prohibited.
Notify employees and subcontractors of this requirement at the beginning of work.
1.06 COORDINATION: All contractors, and subcontractors on the project shall coordinate their
work with each other, advising on work schedules, equipment locations, etc.
1.07 REGULATORY REQUIREMENTS:
A,' PERMITS AND LAWS:
1. Contractor shall arrange for the issuance of permits by the City of Lubbock,
Texas. Contractor shall comply with all Federal, State and Municipal Laws,
Codes and Ordinances applicable to the work of this contract, and he shall
also comply with all regulations of National Board of Fire Underwriters
having jurisdiction, and he shall obtain and pay for all permits required in
connection with the execution of his work. Architect shall be furnished with
certified copies of these permits if requested.
2. If above Laws, Codes or Ordinances conflict with Contract Documents, then
laws, codes or ordinances shall govern instead of Contract Documents,
01010 - 3
J. Cover trenches and holes when not in use. Erect barriers at changes in plane
steeper than 45 degrees and more than 3 feet in height.
K. Provide facilities to exclude unauthorized visitors from the construction site. Provide
personal safety equipment for authorized visitors. Provide temporary doors with
locks where required.
L. Provide and maintain warning lights and signs as necessary to prevent damage or
injury. Keep warning lights burning from dusk to dawn.
1.11 FIRE PROTECTION DURING CONSTRUCTION:
A. Contractor, subcontractors, and their personnel are required to be in compliance
with the fire protection and prevention requirements of the Occupational Safety and
Health Act for Construction.
B. Fire extinguishers shall be available at all times while work is being performed.
Number and type are to be as specified in Subpart L (1910.157) of OSHA.
Contractor is required to furnish his own extinguishers.
C. Waste combustible materials shall not be allowed to accumulate at work site and
shall be removed from site and disposed on a regular basis.
1.12 BARRIERS:
A. CONSTRUCTION FENCES:
1.
Contractor shall construct and maintain protective temporary fences around
the construction project or projects adjacent to existing building. Due to
nature of the work required by this contract, all fencing must be coordinated
with the Owner so as to interfere with the program as little as possible.
2.
Upon completion of project, storage and access areas shall be restored to
pre -construction condition. Grassed area shall be fine graded to remove
any evidence of construction vehicular traffic. Damaged irrigation
01
components shall be restored to pre -construction conditions.
B. TREE
AND PLANT PROTECTION:
1.
Contractor shall protect existing trees and other vegetation indicated to
remain in place, against unnecessary cutting, breaking or skinning of roots,
skinning and bruising of bark, smothering of trees by stockpiling
construction materials or excavated materials within drip line, excess foot or
vehicular traffic, or parking of vehicles within drip line. Contractor shall
provide temporary fences, barricades or guards as required to protect trees
and vegetation to be left standing.
2.
Contractor shall water trees and other vegetation, which are to remain
within limits of the construction area as required to maintain their health
during the course of construction operation.
1.13 TEMPORARY CONTROLS:
B. DISPOSAL OF WASTE MATERIALS:
1. Contractor shall remove all combustible and non-combustible waste
materials completely from the Owner's property and legally dispose of
same.
2. Burning of any materials will not be permitted within the boundaries of the
Owner's property.
01010 - 5
SECTION 01020 - ALLOWANCES
1.01 GENERAL:
A. The Contractor shall include in his Contract Amount the Cash Allowances specified.
B. Items. covered by these allowances shall be supplied for such amounts and by
such persons as the Owner may direct.
C. Expenditures from Cash Allowances shall be only upon written authorization of the
Architect, approved by the Owner. Expenditures shall be kept within amounts set
forth, unless specific authorization of Architect and approval of Owner provides
otherwise,
D. Any unexpended balances of Cash Allowances shall revert to the Owner in the final
settlement of the Contract.
E. General Contractor's overhead and profit shall not be included in allowances.
' 1.02 GENERAL CONTRACTOR'S RESPONSIBILITIES:
A. Coordinate installation of allowance items with related building spaces, materials,
equipment and scheduling.
B. Provide adequate storage space, construction space and access to work for
allowance items.
C. Notify allowance item suppliers or subcontractors of required delivery dates and
installation periods established on project construction schedule.
D. Obtain proposals from suppliers when requested by Architect.
JR
1.03 CASH ALLOWANCES:
A. Fabricated Metal Logos: Contractor shall include in his proposal $1,400.00 for
7
purchase of fabricated metal logos as selected by the Architect. The Contractor
will include the cost of installation in his bid, not as a part of this allowance. Refer
to drawings for quantity and location.
B. Light Boxes: Contractor shall include in his proposal $4,500.00 for purchase of
light boxes. Installation of light boxes including electrical connection will be by the
Contractor and not as a part of this allowance. Refer to drawings for quantity and
location.
C. Exterior and Interior Signaae: Contractor shall include in his proposal an allowance
of $1,000.00 for exterior and interior signage. Contractor shall include cost of
installation in bid, not as a part of this allowance.
D. Door and Cabinet Finish Hardware: Contractor shall include in his proposal
$26,700.00 for the purchase of door and cabinet finish hardware. The selection
and authorization for purchase of the finish hardware shall be by the Architect.
Installation of hardware will be by the Contractor and not as a part of this
allowance. Certain cabinet/millwork finish hardware is not a part of this allowance,
and is specified under Section 06220 - Millwork.
t
End of Section
# 01020 - 1
I
SECTION 01100 - ALTERNATE BID AND ADDITIVE OPTIONS
1.01 ALTERNATE BID - GENERAL
A. The Contractor shall submit with his bid an alternate proposal stating the total price
for the entire amount of work for the project utilizing the changes or modifications
contained in the description for the alternate bid.
B. The difference in prices shall include all omissions, additions, and adjustments of
all trades as may be necessary because of each change, substitution or omission.
C. All work and materials required by alternates shall be in accordance with applicable
requirements of the specifications.
D. Failure to submit alternate amounts in spaces provided on Proposal shall be basis
for disqualification of bid.
1.02 ALTERNATE BID
Alternate Bid
If Alternate Bid is accepted, the Contractor shall construct the work at the Visitor
Center in its entirety including providing 5/8" gyp. board on 2-1/2" metal studs at all
existing masonry wall conditions as noted on the drawings by plan note PN-3 in lieu
of removing paint from those existing wall surfaces.
1.03 ADDITIVE OPTIONS - GENERAL:
A. The Contractor shall submit with his bid, an alternate proposal stating the difference
in price (additions or deductions) from the total estimate for adding or changing the
following materials or construction from that shown on the Drawings and specified.
B. The difference in prices shall include all omissions, additions, and adjustments of
all trades as may be necessary because of each change, substitution or omission.
C. All work and materials required by alternates shall be in accordance with applicable
requirements of the specifications.
D. Failure to submit alternate amounts in spaces provided on Proposal shall be basis
for disqualification of bid.
1.04 ADDITIVE OPTIONS:
Additive Option No. 1
End Of Section
If Alternate No. 1 is accepted, the Contractor shall provide a new freestanding
masonry sign and associated site revisions as indicated on the drawings.
01100 - 1
SECTION 01340 — SHOP DRAWINGS PRODUCT DATA AND SAMPLES
1.01 GENERAL:
A. Refer to General Conditions, Article 3.12.
B. Submit to the Architect shop drawings product data and samples required by
specification sections.
C. Prepare and submit a list of required submittals of Shop Drawings, Product Data
and Samples. List submittal items in numerical order of specification section
numbers. Identify each submittal in list with an item number, specification section
number, name of product and type of submittal (Shop Drawings, Product Data,
Samples). Include dates for submission and need dates for each item.
1.02 SHOP DRAWINGS:
A. Original drawings, prepared by Contractor, subcontractor, supplier or distributor,
which illustrate some portion of the work, showing fabrication, layout, setting or
erection details, prepared by a qualified detailer.
1.03 PRODUCT DATA.
A. Manufacturer's standard schematic drawings:
1. Modify drawings to delete information which is not applicable to Project,
2. Supplement standard information to provide additional information
applicable to Project.
B. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance
charts, illustrations and other standard descriptive data:
1. Clearly mark each copy to identify pertinent materials, products or models.
2. Show dimensions and clearances required.
3. Show performance characteristics and capacities.
4. Show wiring diagrams and controls.
1.04 SAMPLES:
A. Physical examples to illustrate materials, equipment and workmanship, and to
establish standards by which completed work is judged.
1.05 CONTRACTOR RESPONSIBILITIES:
A. Review shop drawings, product data and samples prior to submission. Initial, sign,
or stamp, certifying to review of submittal.
B. Verify:
1. Field measurements.
2. Field construction criteria.
3. Catalog numbers and similar data.
C. Coordinate each submittal with requirements of work and contract documents.
D. Contractor's responsibility for errors and omissions in submittals is not relieved by
Architects review of submittals.
E. Contractor's responsibility for deviations in submittals from requirements of
Contract Documents is not relieved by Architect's review of submittals, unless
Architect gives written acceptance of specific deviations.
F. Notify Architect, in writing at time of submission, of deviations in submittals from
requirements of Contract Documents.
G. Begin no work which requires submittals until return of submittals with Architect's
stamp and initials or signature indicating review.
01340 - 1
I
SECTION 01630 — SUBSTITUTION AND PRODUCT OPTIONS
1.01 PRODUCT LIST:
A. Within 21 days after date of contract, submit to the Architect 5 copies of complete
list of products and materials, which are proposed for installation.
B. Prepare list on basis of each specification section.
C. For products specified under reference standards, include with listing of each
product:
1. Name and address of manufacturer.
2. Trade name.
3. Model or catalog designation.
4. Manufacturer's data, including performance and test data, reference
standards.
1.02 CONTRACTOR'S OPTIONS:
A. For products specified only by reference standards, select any product meeting
standards, by any manufacturer.
B. For products specified by naming several products or manufacturers, select any
product and manufacturer named.
C. For products specified by naming only one product and manufacturer, there is no
option, unless a substitution is approved as specified below.
D. Product selection is governed by the Contract Documents and governing
regulations, not by previous project experience.
1.03 SUBSTITUTIONS:
A. During bidding, Architect will consider written requests from prime Bidders for
substitutions, received at least 10 days prior to bid date. Approval of proposed
substitutions will be set forth in an addendum or letter of approval. Requests for
substitutions shall include data listed below.
B. Within 21 days after date of contract, Architect will consider formal requests from
Contractor for substitutions of products in place of those specified.
C. Submit 4 copies of request for substitution. Include in request:
1. Complete data substantiating compliance of proposed substitution with
contract documents.
2. For products: Project identification, including manufacturer's name and
address. Manufacturer's literature, including product description,
performance and test data and reference standards. Samples, if
applicable. Name and address of similar projects on which product was
used and date of installation.
3. For construction methods: Detailed written descriptions of proposed
method. Complete drawings illustrating methods or revisions.
4. Itemized comparison of proposed substitution with product or method
specified.
5. Data relating to changes in construction schedule.
D. In making request for substitution, Bidder/Contractor represents:
1. He has personally investigated proposed product or method and
determined that it is equal or superior in all respects to that specified.
2. He will provide same or greater warranty for the substitution that he would
for the product specified.
01630 - 1
SECTION 01700 - CONTRACT CLOSE-OUT REQUIREMENTS
PART 1 - GENERAL
1.01 FINAL CLEANING: In addition to requirements of General Conditions and Supplementary
Conditions, the following shall apply:
A. Use experienced workmen or professional cleaners for final cleaning.
B. At completion of construction and just prior to acceptance or occupancy, conduct
final inspection of exposed interior and exterior surfaces and perform final cleaning.
C. Final cleaning shall include all sweeping, dusting, vacuuming, dry and wet
mopping, polishing, buffing, and other operations necessary, including supplies
and equipment required. Also remove temporary tape, wrappings, coatings, labels,
grease, dust, dirt, stains, fingerprints, and other foreign materials from interior and
exterior surfaces.
D. Repair, patch, and touch up marred surfaces to match adjacent finishes.
E. Replace air conditioning filters if units were operated during construction.
F. Clean ducts, blowers, and coils if air conditioning units were operated during
construction.
G. Clean cabinets and casework.
H. Dust and wash plumbing and electrical fixtures.
J. Surfaces recesses, enclosures, etc., shall be cleaned as necessary to leave work in
condition ready for immediate occupancy by Owner.
K. Hose down and scrub all new and existing concrete and asphalt paving and walks
soiled as result of work. Rake clean other surfaces of grounds.
L. All debris, surplus material, and other items specified or indicated for removal shall
become property of Contractor and shall be legally disposed of off -site.
M. Contractor shall promptly remove from building, job site, sidewalks, and streets, all
rubbish and dirt due to work done under contract. At completion of work, he shall
completely clean areas in which work has been done, including glass, and leave
building broom -clean and ready for occupancy.
1.02 SUBSTANTIAL COMPLETION INSPECTION:
A. Contractor determines work shown and specified has been substantially
completed:
1. Informs Architect in writing that work is ready for substantial completion
inspection.
2. If Architect concurs upon inspection, a substantial completion inspection
will be scheduled.
B. Representatives will participate in Substantial Completion Inspection:
1. Architect and Engineer
2 Contractor and Major Subcontractors
3. Owner's Representative (optional)
C. Architect develops master "punch list" from comments produced by Substantial
Completion Inspection:
1. Copies to Contractor as required to expedite correction of items contained
in "punch list."
1.03 FINAL INSPECTION:
A. Contractor determines work shown and specified has been completed:
1. Informs Architect in writing that work is ready for inspection.
01700 - 1
1. Location of internal utilities concealed in construction referenced to visible
and accessible features of structure, if significantly different than that shown
on Drawings.
2. Field changes of dimension and details.
3. Changes made by Change Letters, Change Order, or Field Order.
4. Details not on original Contract Drawings.
5. Architectural changes shall be noted as well as structural, mechanical, and
electrical.
C. Operating and Maintenance Manuals and Index:
1. Prior to Final Payment, Contractor shall provide maintenance information
and operation instructions for equipment and systems installed,
2. Prepare operating and maintenance instructions for equipment, particularly
Mechanical and Electrical that will require adjustment, servicing, or attention
for its proper operation.
3. Provide following data bound in a neat brochure:
a. Approved fixture brochures, wiring diagrams, control diagrams, and
directions.
b. Repair parts lists of major equipment items shall include names,
addresses, and telephone numbers of local suppliers and
companies servicing installed equipment.
C. List of products incorporated in work, referenced to Specification
Section if other than product specified.
d. Provide an Index listing equipment referenced to Specification
Sections.
4. Operating instructions for heating, cooling and other mechanical systems
necessary for Owner to make full and efficient use of equipment including
recommended maintenance and seasonal changeover procedures.
5. Submit three (3) copies of instructions to Architect who will forward two (2)
copies to Owner for information and use.
D. Approved Mechanical and Electrical Submittal Data: Prior to Final Payment,
Contractor shall provide three (3) copies Mechanical and Electrical Submittal Data
to Architect who will forward two (2) copies to Owner for information and use.
E. Warranties, Guarantees, and Bonds:
1. Prior to Final Payment, Contractor shall provide to the Architect three (3)
copies of all warranties, guarantees, and bonds required in various sections
of Specifications.
2. Written Warranty: Contractor shall submit to Architect three (3) copies of a
warranty written on Contractor's letterhead and in form approved by
Architect, for work, materials, and equipment for period of one (1) year.
3. Guarantees where guarantees for periods beyond one (1) year from date of
final acceptance for work are required, such guarantees shall be written,
and three (3) copies furnished to the Architect, on Contractor's letterhead
using the following format:
"GUARANTEE FOR
We hereby guarantee that the which we have
installed on the (project name, project address & location) has been done in
accordance with the drawings and specifications, and that the work as installed will
fulfill the requirements of the Guarantee included in the Specifications. We agree to
repair or replace any or all of our work, together with any other adjacent work which
may be displaced by so doing, that may prove to be defective in its workmanship
01700 - 3
or materials within a period of (insert guarantee period) year(s) from date of
acceptance of the above mentioned structure by the (Owner's name), ordinary wear
and tear and unusual abuse or neglect excepted.
In the event of our failure to comply with the above mentioned conditions within a
reasonable time, which in no case shall be longer than thirty (30) days after being
notified in writing by the (Owner name), we collectively or separately do hereby
authorize the (Owner Name) to proceed to have said defects repaired and made
good at our expense, and we will honor and pay the costs and charges therefore
upon demand."
Signed
Subcontractor and/or Supplier
Countersigned
91 Prime Contractor
4. Warranty and Guarantee periods shall commence on the date of the
Certificate of Substantial Completion unless otherwise specified.
1.07 MATERIAL SAFETY DATA SHEETS (MSDS):
1. The Contractor shall provide to the Owner, copies of all MSDS for all products
utilized in the construction of this project.
1.08 SYSTEMS DEMONSTRATIONS: After submission of written instructions and prior to Final
a.F Payment, Contractor shall furnish competent operation engineer or engineers at such time
or times as directed by Architect to meet with Owner or his representatives, to fully explain
instructions and to demonstrate and fully familiarize Owner or his representatives with
equipment and phases of its operation and maintenance. Amount of time devoted to
instructions shall be reasonable and consistent with size of installation and its complexity.
f..
Instructions shall be adequate to the extent that Owner's personnel may proceed with
normal operations in a safe and efficient manner.
1.09 FINAL PAYMENT:
A. Related requirements specified elsewhere:
1. GENERAL CONDITIONS:
a. Article 9.8 - Substantial Completion
b. Article 9.10 - Final Completion and Final Payment
2. SUPPLEMENTARY CONDITIONS:
a. Article 9.10 - Final Completion and Final Payment
3. SECTION 01700: CONTRACT CLOSEOUT REQUIREMENTS as applicable.
B. Submit two (2) sets of the following to the Architect who will forward one (1) copy to
the Owner:
1. Certificate of Punch List Completion:
a. On Contractors letterhead
b. Copy of Punch List attached.
End of Section
01700 - 4
71
B. Do not start work until electrical and mechanical work installed in surface is
complete.
C. Provide satisfactory protection of adjoining work.
D. Do not proceed with installation work until unsatisfactory conditions are corrected.
Starting of work shall constitute acceptance of surfaces to receive pavers.
3.02 LAYING OUT PAVER WORK:
A, Lay -out paver work so that no pavers less than half size occur.
3.03 INSTALLATION:
A. Sand Bed Paver Installation.
1. Screed sand bed to required thickness to match existing installation. After
sand is screeded it should not be compacted or walked on.
2. Set pavers tight with minimum joint size, to match existing. Patterns shall
match existing.
3. After pavers are set sweep a mixture of dry sand and cement into joints.
Sprinkle lightly with water.
4. Upon completion of setting and sweeping with sand and cement, clean
brick paver installations of all loose sand and cement.
3.04 FINISHED PAVER WORK:
A. Leave finished installation clean and free of cracked, chipped, broken, unbonded,
or otherwise defective brick pavers. Remove and replace all defective brick paver
work.
3.05 PROTECTION:
A. Protect installed paver brick work until curing is complete and capable of
UJI supporting traffic loads.
B. Before final inspection, wash pavers clean.
3.06 LEVELING OF PAVER AREAS:
A. Return to project 90 days after acceptance by Owner and level all areas showing
settlement or unevenness.
End of Section
02515 - 2 a
1-1/2" sieve, 35 to 70% shall pass a 3/4" sieve, 10 to 30% shall pass a 3/8" sieve, and not
more than 5% shall pass a No. 4 sieve. Soundness of coarse aggregates shall be tested in
accordance with ASTM C88-83. All coarse aggregate when tested shall not have a loss
greater than 15% when tested with magnesium sulfate solution, nor more than 10% when
tested with sodium sulfate solution.
2.03 FINE AGGREGATE: Clean, hard, durable, uncoated grains free from silt, loam, and clay,
conforming to ASTM Spec. C33-74a. The fine aggregate when tested according to ASTM
C136-83, shall have a gradation with 100% by weight passing 3/8" sieve; 95 to 100%
passing No. 4 sieve; 80 to 100% passing No. 8-sieve; 50 to 85% passing No. 16 sieve; 25
to 60% passing No. 30 sieve; 10 to 30% passing No. 50 sieve; 2 to 10% passing No. 100
sieve. The fineness modulus of fine aggregate shall be not less than 2.3 nor more than
3.1. Soundness of fine aggregate when tested according to ASTM C88-83, shall not have
a loss greater than 15% with magnesium sulfate solution test, nor more than 10% loss with
sodium sulfate solution test.
2.04 MIXING WATER: Clean and free from oil, acid, and injurious amounts of vegetable matter,
alkalies, and other salts.
2.05 POLYPROPYLENE FIBER CONCRETE REINFORCING: The concrete reinforcing fibers
shall be polypropylene collated, fibrillated fibers from Fibermesh Company, 4019 Industry
Drive, Chattanooga, TN, or an approved equal. The fibers shall be used in strict
accordance with the manufacturers recommendations as to type and amount. The fiber
manufacturer or approved distributor shall provide the services of a qualified technician for
a pre -job meeting and initial job set up. Only fibers designed and manufactured
specifically for use in concrete from virgin polypropylene and so certified by the
manufacturer shall be acceptable. Use in all exterior slabs/concrete except as otherwise
noted.
2.06 EXPANSION JOINT FILLER: Expansion joint filler shall be preformed saturated fiber filler,
Celotex Flexcell, or approved equal. Joint material shall be full thickness of slab or joint,
and unless otherwise indicated, 1/2" thick.
2.07 SEALING AND CURING FRESH CONCRETE: Clear Bond treatment as manufactured by
The Guardian Chemical Co. or an approved equal. Sealer shall conform to ASTM C309-74,
Type I Clear. Contractor shall submit manufacturers literature, which will substantiate that
product, meets all specified requirements. Submit for approval in accordance with Section
01340.
' 2.08 FORMS:
EA. Smooth Finish: Use new 9/16" thick moisture -resistant plywood or line forms with
1/4" thick plywood.
2.09 AIR -ENTRAINING AGENT: Neutralized Vinsol Resin, or an approved substitute,
conforming to ASTM C260-77.
�i
i 2.10 FORM RELEASE AGENT: Use a non -staining agent equal to Duogard as manufactured by
W,R. Meadows. Apply to all concrete forms according to manufacturer's directions.
i..
03300 - 2
Structural Slabs and Beams Max. 4 Min. 2
Columns Max.4 Min.2
3.03 MEASURING: The method of measuring water and aggregates shall be such as to secure
specified proportion in each batch and in manner that proportion of water to cement can
be closely controlled and easily checked at any time.
3.04 MIXING CONCRETE: All concrete throughout shall be either job or plant mixed in an
approved type of power -operated mixer that will insure a uniform distribution of the material
throughout the mass. Contractors shall see that sufficient numbers of mixers are provided
to rapidly cant' on the work. Mixing shall be done in accordance with the requirements of
the American Concrete Institute Building Code. Mix each batch a minimum of one (1)
minute before discharging.
3.05 PLACING CONCRETE:
A. Place no concrete until foundations, forms, reinforcing steel, pipes, conduits,
sleeves, hanger, anchors, inserts, waterproofing, dampproofing, and/or other work
required to be built into concrete has been installed. Before pouring footings, see
that bottoms of excavations are undisturbed earth with no loose earth under
bearing surface.
B. Place no concrete until earth surface to come in direct contact with the concrete
has been sprinkled thoroughly with water.
C. The placing or depositing of all concrete shall be in accordance with requirements
of the American Concrete Institute Building Code.
3.06 CONSTRUCTION JOINTS: The rate and method of placing concrete and arrangement of
construction joints shall be such that concrete may be placed in one (1) continuous
t.a
operation. Location of construction joints shall be as shown on drawings.
3.07 REMOVAL OF FORMS:
A. Forms shall be removed in accordance with requirements of the American
Concrete Institute Building Code, without damage to concrete and in a manner to
insure complete safety of the structure. Leave shoring in place until concrete
member may safely support its weight and loads upon it. Generally, the following
procedure will be required:
1. Wall forms may be removed after 72 hours.
2. Grade beam forms may be removed after 24 hours.
3. Structural slab and beam forms may be removed after concrete has
obtained 75% of designed strength.
3.08 CONSTRUCTION OF FORMS: Construct forms to slopes, lines, and dimensions shown,
plumb and straight and sufficiently tight to prevent leakage; securely brace and shore
forms to prevent displacement and to safely support construction loads. Provide access
openings to clean and inspect forms and reinforcing prior to depositing concrete. Do not
coat forms with materials that will stain or cause injury to exposed concrete surfaces. Keep
wood forms wet as necessary to prevent shrinkage. Forms for exposed concrete beams,
girders, columns and pilasters shall provide for a one -inch (1 ") chamfer on external corners.
Construct forms for beams, girders and lintels so that sides may be removed without
disturbing bottom of form or its support. See drawings for special architectural effects.
03300 - 4
3.12 CONCRETE WALKS:
A. Concrete walks shall be one -course construction, 4" in thickness of 3000 lbs.
concrete as hereinbefore specified. Reinforce with 6 x 6 - W1.4 x W1.4 mesh, or as
noted on the drawings. Walks shall be cured in a manner similar to that specified
for floor slabs.
B. Provide 1/2" expansion joints (with pre -molded filler) not more than 32' apart, also at
junctions with curb, where walks abut building, platforms, and other fixed
structures, and elsewhere as shown. Where walks terminate at curbs, provide 1"
expansion joints with filler. Form dummy joints as indicated on drawings, or at 4'-0"
intervals.
C. Refer to Paragraph "Cement Floor Finishes" of this section for finishing instructions.
Steps in connection with walks shall have the same finish as walks. Round all
edges, including those at expansion and dummy joints to 1/4" radius. Where walks
terminate at curbs, finish walks 1/4" above curb. Permit no pedestrian traffic on
walks for a period of three (3) days. Gross slope for sloped or crowned walks shall
be 1/4" per foot, or as noted on the drawings.
3.13 COLD WEATHER PROVISIONS:
A. Place no concrete whenever it is anticipated that air temperature at the point of
placement is likely to fall below 40 deg. F.
B. Concrete may be placed when air temperature is 40 deg. F. and rising.
C. Use of accelerators and anti -freeze compounds will not be approved.
3.14 CONCRETE CURB INSTALLATION:
A. Portland Cement concrete curb, without reinforcing steel, shall be constructed on
approved sub grade in accordance with these specifications, and in conformity with
the lines and grades established on the ground, and as shown on the plans.
B. The sub grade shall be excavated to the lines and grades required as established
in the field. All sub grade shall be damp and firm before pouring the concrete.
C. Outside forms shall be metal, straight, clean, oiled and of a height equal to the
depth of the curb. They shall be securely staked to line and grade and maintained
in this position during depositing of concrete. Inside forms shall be of such shape
and material to give the curb section desired, and shall be rigidly attached to the
outside forms.
D. The mixing shall be done in a batch mixer of approved type and size, which will
insure the uniform distribution of the material throughout the mass so that the
mixture will be uniform in color and smooth in appearance. Concrete may be
"ready -mixed", but transporting vehicle shall be in good condition to prevent loss or
segregation of ingredients. Continuous mixing during transit will be required.
Placement of concrete within one (1) hour from charging mixer with ingredients
�
shall be required.
E. Pre -molded asphalt composition expansion joint shall be installed at a maximum
spacing of 16 ft. and at ends of all curb returns. Tooled contraction joints, cut
through entire cross-section of curb and gutter, shall be constructed at a maximum
spacing of ten ft. (10) and a minimum of five ft. (5'). Contraction joints may be
z ;t
replaced by expansion joints at Contractor's option.
F. The Contractor shall give the Architect sufficient advance notice before starting to
place concrete in any unit of curb and gutter; to permit the inspection of forms, sub
-1
grade and expansion joints. The method and manner of placing shall be such as
l
to avoid the possibility of segregation or separation of the aggregate. Each form
03300 - 6
IT =7771 7 =7 T 1= OEM
7
' S
I
1.06 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Deliver and store manufactured products in original, unopened containers.
B. Store cementitious ingredients in weather -tight enclosures and protect against
contamination and warehouse set. Protect from freezing.
C. Stockpile and handle aggregates to prevent contamination from foreign materials.
1.07 ENVIRONMENTAL REQUIREMENTS:
A. Heat mixing water when air temperature is below 40 deg. F. and heat aggregates
when air temperature is below 32 deg. F., to assure mortar temperatures between
40 deg. F. and 120 deg. F. until used.
B. Produce subsequent mortar batches within +/-10 deg. F. of first batch.
C. Do not heat water or sand above 120 deg. F.
1.08 MATCHING OF EXISTING MORTAR:
A. Incorporate mortar color and/or colored cements as required to achieve a match to
existing adjacent construction. Owner and Architect will select portion of building
for matching.
PART 2 - PRODUCTS
2.01 MATERIALS:
A. Portland Cement: ASTM C150, except complying with the staining requirements of
ASTM C91 for not more than 0.03% water soluble alkali, Type I, Il, or III.
B. Masonry Cement: ASTM C91, non -staining. Prepared masonry cements may be
used subject to successful flexural bond strength test results using ASTM E518-80
test procedures. To be considered the flexural bond strength test results of the
prepared masonry cement mortar shall meet or exceed the results using mortar
proportion specifications. Individual comparison tests shall be performed using the
specified masonry units with (1) the specified mortar proportions and (2) the
prepared masonry cement mortar proposed for use by the Contractor.
Construction of the test specimens shall be performed under the direction of a
recognized testing laboratory acceptable to the Architect.
C. Hydrated Lime: ASTM C207, Type S.
D. Quicklime: ASTM C5.
E. Aggregates: ASTM C144.
F. Water: Clean and potable, free of organic matter.
G. Mortar Color: Inorganic mineral oxide color agent, compounded for use in mortar
mixes, maximum 10% by weight of Portland Cement content, except carbon black
maximum 3% by weight of Portland Cement content.
H. Shrinkage Control Admixture: Hydratite Plus by Tamms/Horn Construction
Products.
2.02 MIXES:
A. Mortar Mix:
1. ASTM C270, proportion specifications, Type N, except use Type S for all
walls having vertical reinforcing and grouted cells.
2. Proportions by volume shall be as follows:
Type N: 1 part portland cement, 1 part hydrated lime and not more than 6
parts sand.
Type S: 1 part portland cement, 1/2 part hydrated lime and not more than
04100 - 2
ELL]
C. Protect reinforcement and accessories from elements.
D. Protect CMU from moisture absorption. Protect stored CMU on pallets with
tarpaulins or other suitable material.
1.07 JOB CONDITIONS:
A. Protection of Work:
1. During erection, cover top of walls with strong waterproof membrane at end
of day or shutdown.
2. Cover partially -completed walls when work is not in progress.
3. Extend cover minimum of 24" down both sides and hold cover securely in
place.
B. Staining:
1. Prevent mortar from staining face of masonry.
2. Immediately remove mortar in contact with face of masonry.
3. Protect sills, ledges and projections from droppings of mortar; protect door
jambs and corners from damage during construction.
1.08 COORDINATION:
A. Provide for installation of flashings and anchors.
B. Consult other trades in advance and make provisions for installation of their work to
avoid cutting and patching.
PART 2 - PRODUCTS
2.01 FACE BRICK:
A. Face Brick: Face brick shall match existing adjacent face brick in color, texture and
size. Face brick shall be ASTM C216-86, Type FBS, Grade SW.
2.02 CONCRETE MASONRY UNITS
A. Hollow load bearing units, ASTM C90-90, Grade N, Type 1, lightweight aggregate,
with a minimum 28-day compressive strength over average net area of 1900 psi,
minimum.
B. Hollow nonload bearing units, ASTM C129-75, Type 1, lightweight aggregate.
C. Nominal face dimension: 8 in. x 16 in.
D. Furnish required sizes, shapes, lintels, pilasters, bond beams and miscellaneous
shown on Drawings or required to complete the work.
E. Cure units by autoclave treatment at a minimum temperature of 350 deg. F. and a
minimum pressure of 125 psi or CO2 curing process Fed. Spec. SS-C621-70 ASTM
C90-90.
2.03 RELATED MATERIALS:
A. Joint Reinforcement:
1. Composite Brick/Concrete Masonry Walls with or without Insulation or
Cavity Wall with Rigid Insulation: Standard weight wire truss design with
adjustable pintfe and eye wall tie sections welded on at 16" centers, equal
to Dur-O-Eye (D/A 370), No. 9 gage hot -dipped galvanized deformed side
rods and No. 9 gage hot -dipped galvanized truss cross rods. Provide
prefabricated corner and tee ties.
B. Thru-wall Flashing: Wascoseal Type 30, .030" thick polyvinyl chloride by York
04200 - 2
B. Lay up brick with completely filled mortar joints. Do not furrow bed joints. Butter
ends of brick with sufficient mortar to fill head joints, then shove in place. Rock
closures in place with head joints thrown against 2 adjoining brick in place.
C. Tap each unit to line and level as it is placed. Do not disturb any one unit once in
place, except to remove completely and set in fresh bed of mortar.
D. Where exterior composite walls are faced with brick, parge the back of facing brick
with a 3/8" thick coating of mortar before back-up is laid.
E. Do not pound corners and jambs to fit stretcher units after they have been set in
position. Where an adjustment must be made after mortar has started to harden,
remove mortar and replace with fresh mortar.
F. Make cuts with a power masonry saw. Do not use saw -cut faces in exposed work.
G. Lay up only brick, which have no chipped, cracked or discolored, exposed faces.
Lay up with good face showing.
H. Lay units in common running bond unless otherwise noted. Do not use units
smaller than one-half unit size except as required to achieve half -bond in non -
modular brick units. Lay rowlocks, soldiers and patterns or special coursing as
detailed.
J. Keep cavity and wall clean and free of mortar droppings. Excess mortar
protrusions on cavity side shall be cut off with trowel.
K. Weep Holes: Provide weep holes in head joints at 24" o.c., above finish grade line
at brick veneer or as otherwise indicated on drawings, and above through -wail,
head and sill flashing locations.
L. Thru-wall Flashing: Flash above all window heads and under all sills and elsewhere
as shown on drawings.
3.06 CONCRETE MASONRY UNIT INSTALLATION:
A.
Lay only dry units.
B.
Make cuts with power masonry saw. Do not use saw -cut faces in exposed work.
C.
Cracked or chipped blocks shall not be used on exposed faces of walls.
D.
Lay units in running bond. Do not use units smaller than one-half unit size except
as required to achieve half -bond in finish faces. Use stack bond with vertical joints
aligned in areas where shown on the drawings. Lay all Rockface and Burnished
171
CMU with half -bond unless otherwise shown or directed.
E.
Set units plumb, true to line, and with level courses accurately spaced.
F.
Lay units with full mortar coverage on horizontal and vertical face shells and webs.
Properly install lintels, pilaster units and other special units.
G.
Walls shall be laid up level each day. No racks will be allowed at end of day's work.
Differences in working levels during construction shall be planned to occur at inside
corners.
I
H.
Where interior partitions abut exterior walls and where partitions abut other
partitions at right angles, provide block joint anchored with galy. expanded mesh
every other course.
J.
Provide reinforced lintel block or solid cast lintels at openings where no other type
+ „v.
of support is shown. Fill lintels solid with concrete and reinforce with steel
reinforcing bars as shown or directed. Provide 24" minimum bearing unless
otherwise shown.
K.
Non -bearing partitions, unless otherwise shown, shall terminate against beam
soffits or structural ceilings; wedge partitions tight to ceiling or beams and fill
5_1
horizontal joints with mortar between top of masonry partitions and underside of
ceiling or beams.
04200 - 4
product.
C. Clean masonry surfaces with specified cleaner according to manufacturer's
instructions.
D. Seal masonry surfaces with specified sealer according to manufacturer's
instructions.
3.12 TUCK POINTING OF EXISTING MASONRY WALLS:
A. Where shown on the Drawings, repoint all joints in existing masonry walls where
mortar is loose or missing. Repair all holes and cracks larger than hairline.
Cleaning of masonry is specified in Section 04500.
End of Section
04200 - 6
A. Handle and transport units in a position consistent with their shape and design in
order to avoid excessive stresses or damage.
B. Lift or support units only by hand or with wide belt nylon slings.
C. Support units during shipment on non -staining, shock -absorbing material.
D. Do not place units on ground.
1.08 JOB CONDITIONS:
A. Installer must examine all parts of the supporting structure and the conditions under
which the stonework is to be installed, and notify the Contractor in writing of any
conditions detrimental to the proper and timely completion of the work. Do not
proceed with the installation of stonework until unsatisfactory conditions have been
.x
corrected in a manner acceptable to the Installer.
B. Installer must review installation procedures and coordination with other work, with
I the Contractor, and other contractors and subcontractors whose work will be
affected by the stonework.
C. Protect stonework against freezing when the temperature of the surrounding air is
40 deg. F. and falling; heat materials and provide temporary protection. Comply
with the requirements of governing codes and the "Construction and Protection
Recommendations for Cold Weather Masonry Construction" of the Brick Institute of
America.
D. During all seasons, protect partially completed stonework against weather when
work is not in progress. Cover top of walls with strong waterproof, non -staining
membrane extending at least 2' down both sides of walls, and anchor securely in
place.
f
PART 2 - PRODUCTS
2.01 CAST STONE:
A. Concrete:
1.
Portland cement. for the face mix shall be ASTM C150, Type I white. Gray
cement not allowed.
2.
Portland cement for the back-up mix shall be ASTM C150, Type III, gray.
"a{
3.
Coarse aggregate for the back-up mix shall meet ASTM C33.
4.
Fine aggregate for the face mix shall be white silica sand or manufactured
g4
5.
silica sand.
Fine aggregate for the back-up mix shall be standard concrete sand
meeting ASTM C33.
6.
Commercial concrete color as required to match approved sample.
7.
Water shall be clean and potable.
8.
The 28 day compressive strength shall be 3500 p.s.i. minimum when tested
by standard cubes.
9.
Absorption shall not exceed 8%.
A
10.
Minimum thickness of facing mix shall be V.
11.
Finish shall be smooth, acid etched.
B. Reinforcing Steel:
1.
Use no larger than #2 bars meeting ASTM A615, grade 40 (non -
galvanized), unless otherwise shown or required.
-�;
2.
Bars shall run longitudinally only, unless otherwise shown or required.
04435 - 2 A
r.
3.01 INSPECTION:
A. Do not use cast stone units with chips, cracks, voids, stains or other defects, which
might be visible in the finished work.
B. Do not build on frozen work: Remove and replace stonework damaged by frost or
freezing.
C. Do not use frozen materials or materials mixed or coated with ice or frost. Do not
use salt to thaw ice in anchor holes or slots. Do not lower the freezing point of
mortar by use of admixtures or anti -freeze agents, and do not use calcium chloride
in mortar or grout.
3.02 PREPARATION:
A. Advise concrete Installer of specific requirements relating to his placement of
inserts and flashing reglets, which are to be used by the stone mason for anchoring
and supporting and flashing of stonework. Furnish concrete Installer with drawings
or templates showing location of inserts for stone anchors and supports.
B. Clean cast stone before setting by thoroughly scrubbing with fiber brushes followed
by a thorough drenching with clear water. Use only mild cleaning compounds that
contain no caustic or harsh fillers or abrasives.
3.03 SETTING CAST STONE:
A.
All cast stone shall be set accurately in structure in accordance with the contract
and shop drawings.
B.
Just prior to setting, all stones not thoroughly wet shall be sponged or drenched
with clean water.
C.
All stonework shall be set level, plumb, square, and true with uniform joint widths.
r D.
Except as otherwise especially noted, every stone shall be set in full bed of mortar
with all vertical joints flushed full. Completely fill all anchor, dowel, and similar
holes. All bed and vertical joints shall be 114" unless otherwise noted.
E.
Do not set heavy stone or projecting courses until mortar in courses below has
attained sufficient strength.
° F.
Projecting cast stone shall be securely propped or anchored until the wall above is
set.
G.
All cornices, copings, projecting belt courses, etc., shall be set with unfilled vertical
joints. The exterior profile of these joints shall be caulked with rope yarn, and after
wetting the ends of the stone thoroughly, fill the joint from the above with mortar
grout to within 3/4" (see exceptions below) of the top.
H.
Unless otherwise noted, rake out all joints 3/4" from the face for pointing. Sponge
the face of cast stone clean along all joints. Avoid splashing mortar on exposed
faces of stone. Dropping shall be removed immediately by means of sponge and
clear water.
J.
Setting shall not proceed more than two (2) courses in advance of backing.
K.
Set units in mortar, and fasten in place by a combination of dowel pins and wire.
L.
The installer shall be responsible for any chipping, spalling, cracking or other
damage to the cast stone after it has been delivered to the jobsite. After installation
is complete, any further damage shall be the responsibility of the General
Contractor.
3.04 POINTING CAST STONE:
04435 - 4 A
B. Methods: Apply water-repellent using a regular metal tank sprayer or commercial
spray apparatus. A suitable working pressure should be maintained to produce a
continuous liquid spray condition and a fan type spray nozzle is recommended with
orifice size no smaller than .035 inches.
1. Apply concentrated solution only - do not dilute or alter materials as
packaged.
2. Do not over apply. Apply treatment evenly until surface is totally wetted
without running. Avoid misting of the spray as the treatment is applied.
C. Precautions: All containers should be kept properly closed and free from water.
1. Protect shrubs and plant life when applying.
End of Section
04435 - 6 A
adhering to it and the stripped surface is washed clean and neutralized.
The fibrous laminated cloth also protects the passerby while the stripping
process is taking place. The Peel -Away 1 System is excellent for turned,
curved or molded surfaces where a cast of the stripped surface is often
seen on the cloth as it is removed. It is also especially suitable for plain or
ornate plaster wails or ceilings, brick, concrete, stucco, softwoods, cast
iron, steelwork, marble or fiberglass.
2. Lead Paint abatement: The Peel -Away 1 System is especially suited for
removing lead paint and has two major advantages:
a. The paste is applied to the surface and then is covered by the
Peel -Away fibrous laminated cloth, keeping the paint in a wet or
damp state and preventing lead particles from getting into the air
or onto the surrounding area.
b. When the stripping job is finished and the cloth is removed the
bulk of the paste and lead paint comes off intact on the cloth for
proper disposal. Refer to federal and local regulations for
disposal of lead -based material.
3. Limitations: Peel -Away 1 product efficiency is reduced below a temperature
of 32 degrees Farenheit. It will not work on two part epoxy paints,
chlorinated rubber, cementitous paints, baked finishes, or other exotic
coatings. Do not use on hardwoods except where the surface will be
repainted. Do not use on aluminum. Test patches should be made on
unknown surface coatings.
D. Technical Data:
Peel -Away 1: Interior/Exterior paint stripper.
Form: Paste
Viscosity: 26.5
Specific Gravity: 1.44
Wt./Gal: 12.0 lbs.
Flash Point: None
Solid Content: 58.0
VOC: 0
PH: 13.0
2.02 NEUTRALIZER:
A. Product Name: Peel -Away Neutralizer.
B. Manufacturer: Dumond Chemicals, 1501 Broadway, New York, NY 10036, Phone
(212) 869-6350, Fax (212) 764-5762.
C. Product Description:
1. Peel -Away Neutralizer is an acetic acid solution used to reduce the pH
levels on surfaces where the Peel -Away 1 or ST-1 product was used. Since
Peel -Away 1 and ST-1 are alkaline strippers and have a high pH level, it is
necessary to use the Peel -Away Neutralizer to reduce the pH levels. Peel -
Away Neutralizer is a concentrate, which is diluted with water and sprayed
on to the surface. Coverage is 200 sq. feet per gallon.
04503 - 2
PART 3 - EXECUTION
3.01 PAINT REMOVER:
A. Installation
1. Preparatory Work: It is often impossible to know the type or condition of the
t
surface before paint is removed. Before a project is started it is important
that a small test area be done typical of the surface to be stripped to ensure
that the results will be satisfactory. This will also teach the first time user
how to handle the Peel -Away System and how to gauge the important
thickness at which the product is applied to the surface and the time values
t
for removing the Peel -Away cloth. Applying Peel -Away too thinly or
unevenly or removing too quickly may result in more than one application,
thereby increasing your material and labor costs. Precautions: Protect
71
areas not being stripped with polyethylene and masking tape. Note: Peel -
Away 1 will not attack glass or plastic surfaces but will etch aluminum.
Workmen should wear rubber gloves taped to their sleeves, wear face
shield or goggles, and a hat, especially where working at head height and
above. When spraying or "hosing down" wear rubber or polyethylene rain
suit so as to avoid splash to skin and eyes and follow spraying instructions
that are supplied with machinery.
2. Application: Apply paste 1/8" to 1/4" according to the age and thickness of
paint, with either trowel or spray equipment. If using a trowel to apply, on
irregular surfaces use a nylon brush to force paste into crevices. Then use
the trowel to apply further coating. If using spray equipment this is not
necessary since the product is applied evenly into all irregular surfaces.
This will eliminate air pockets and additional touch up work. Cover paste
with Peel -Away fibrous laminated cloth printed polyethylene side facing out.
Rub gently to remove air and pierce remaining air bubble with knife. The
cloth comes in one square meter size and can be applied easily to the
surface. Leave on for up to 24 hours or longer according to test patch
findings. Do not rely on the tension between the cloth and paste to remove
the cloth with paste/paint. Instead, remove by sliding Peel -Away tool or
taping knife into dried-up paste around the edges of the cloth easing paint
paste, and cloth away from the surface in one piece. Remove as much
residue as possible with tool before clean-up procedure. Collect Peel -Away
cloth complete with paste and paint and remaining residue, put into plastic
bags and dispose of in compliance with local regulation.
3. Interior Clean Up: Interior cleaning can be accomplished with a spray bottle
of water or pail with a sponge. Make sure surface is entirely clean of any
+
paint/paste residue. Let dry for 24 hours before proceeding with
neutralizing process for both interior and exterior surfaces.
3.02 NEUTRALIZER:
A. Apply Peel -Away Neutralizer or comparable product with pressurized garden
sprayer. Work Neutralizer into surface with scrub brush paying particular attention
to areas of adjoining wood, cracks and crevices and allow to dry. In some cases a
white powder will appear on the stripped surface. This is part of the drying process
and shows that the surface is drying from within. Neutralizer should be left on a
minimum of six hours. Rinse surface with clean water.
B. Apply second application of neutralizer over the surface with a garden sprayer and
04503 - 3
SECTION 06100 - CARPENTRY
PART 1 - GENERAL
1.01 DESCRIPTION: Covers lumberyard items and wood treatment, pressed tin ceiling,
molding and backsplash.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Millwork - Section 06220
Gypsum Drywall Construction - Section 09250
1.04 QUALITY ASSURANCE:
A. Lumber Standard: For each use, provide lumber complying with Product Standard
PS 20 "American Softwood Lumber Standard". Nominal sizes are indicated;
provide actual sizes complying with minimum size requirements of PS 20 for
moisture content specified for each use.
B. Plywood Standard: For each use specified under this section, provide plywood
complying with Product Standard PS 1 "Softwood Plywood/Construction and
Industrial".
C. Factory -mark each piece of lumber and plywood with type, grade, mill and grading
agency identification; except omit marking from surfaces to receive transparent
finish, and submit mill certificate that material has been inspected and graded in
accordance with if it cannot be marked on a concealed surface.
Certificate of inspection and grading by a recognized grading agency, approved by
American Lumber Standards Committee, may be submitted with each shipment, in
lieu of factory -marking, at Contractor's option.
D. Regulatory Requirements: Carpentry shall comply with requirements of Americans
with Disabilities Act (Public Law 101-336), and the Texas Accessibility Standards
JAS) Architectural Barriers Act, Article 9102, Texas Civil Statutes.
1.05 SUBMITTALS: Submit in accordance with Section 01340.
A. Wood Treatment Data, Carpentry, General: For information only, submit chemical
treatment manufacturer's instructions for proper use of each type of treated
material.
B. Pressure Treatment: For each type specified, include certification by treating plant
stating chemicals and process used, net amount of salts retained and
conformance with applicable standards. Treatment required only where noted on
the plans.
C. For water -borne preservatives, include statement that moisture content of treated
materials was reduced to a maximum of 15% prior to shipment to project site.
D. Fire -Retardant Treatment: Include certification by treating plant that treatment
material complies with governing regulations, and treatment will not bleed through
finished surfaces.
06100 - 1
2.05 PRESERVATIVE TREATMENT:
A. Vacuum Treatment: Treatment shall be in accordance with the Vacuum Wood
Preservers Institute (VWPI) standards and shall conform to Specification TT-W-572.
The treatment shall be with a water repellent preservative containing 5% by weight
of pentachlorophenol, with a 2 lb. retention per cu. ft. using the Dri-Vac process of
controlled vacuum.
B. Retreat, regardless of type of preservative or method of treatment, all surfaces
exposed by sawing, planing, boring or cutting with a liberal brush application or by
immersing in the preservative initially used.
C. Use this treatment for all wood in connection with roofs and elsewhere wood
treatment is called for on the Drawings.
2.06 FIRE -RETARDANT TREATED WOOD:
A. Fire -retardant treated lumber or plywood shall be equal to Dricon Fire Retardant
Treated Wood and shall comply with AWPI standards C20 and C27 for pressure
impregnation with fire -retardant chemicals to achieve a flame spread rating of not
more than 25 when tested in accordance with UL Test 723 or ASTM E-84.
B. Dry treated wood after treatment in accordance with AWPA Standards C20 and
C27.
C. Use fire -retardant treated wood for all wood blocking used throughout the interior of
the building.
PART 3 - FABRICATION AND ERECTION
3.01 ANCHORS: Anchors shall be installed where specified or shown on the Drawings to
anchor carpentry to masonry or concrete. Anchors for wall and partition sills may be 1/2"
bolts 8" long spaced 8' on center or power driven nails, 16d and 4 foot on center.
3.02 MOISTURE SEAL: A moisture seal or barrier shall be placed under or around wood
members, which bear on or are embedded in concrete or masonry. Seal shall be asphalt
mastic, or an approved type.
3.03 ROUGH HARDWARE: Provide and install all rough hardware and metal fastenings as
shown on Drawings, specified herein, or required for proper installation of carpentry. Nails,
spikes, screws, bolts and similar items shall be of sizes and types to rigidly secure member
in place. See following headings for specific sizes and types of rough hardware required.
3.04 WOOD GROUNDS: Provide wood grounds and blocking of size and shape required for
plaster work, for securing toilet accessories, finish hardware, door stops, and trim for
chalkboards, tackboards, etc. Install true to line, level, plumb, and well secured in place.
Wood blocking or nailers on drywall metal framing systems shall be anchored in place with
screws.
3.06 INSTALLATION OF PRESSED TIN BACKSPLASH:
A. Measure the area from the counter to the bottom of cabinets. Cut all your panels to
size using tin snips. Use AcrylPro on the surface of the wall, applying the panel one
by one.
B. Apply Liquid Nails on the nail rail where the panels overlap to keep each panel
06100 - 3
SECTION 06220 - MILLWORK
PART 1 - GENERAL
1.01 DESCRIPTION: Provide items of millwork as shown on drawings.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Carpentry - Section 06100
Finish Hardware - Section 08700
Glass and Glazing - Section 08800
Special Equipment - Section 11001
1.04 SUBMITTALS:
A. Shop Drawings: Submit in accordance with Section 01340. Indicate materials,
species, construction, sizes, shapes, quantities, location and conditions of
adjoining work. Show items in related or dimensional position with sections or
details shown either full size or 3" = 1'0" scale.
B. Submit samples of laminated plastic and each species of solid wood and plywood
for Architect's selection and approval. Identify each sample species, cut, and
grade. Submit samples of miscellaneous hardware if requested by Architect.
1.05 REFERENCE STANDARDS:
A. "Quality Standards" of the Architectural Woodwork Institute, Sixth Edition, (AWI).
B. "Architectural Casework Details", Architectural Woodwork Institute.
1.06 QUALITY ASSURANCE:
A. Millwork manufacturer shall have a reputation for doing satisfactory work on time
and shall have successfully completed comparable work during past 5 years.
B. Architectural Woodwork Institute (AWI), Quality Standards.
C. Regulatory Requirements: Millwork shall comply with requirements of Americans
with Disabilities Act (Public Law 101-336), and the Texas Accessibility Standards
(TAS) Architectural Barriers Act, Article 9102, Texas Civil Statutes.
1.07 DELIVERY, STORAGE AND HANDLING: Deliver, store, and handle millwork in manner to
prevent damage and deterioration. Do not deliver until building or storage area is
sufficiently dry so that millwork will not be damaged by excessive changes in moisture
content, Maintain relative humidity in storage areas not to exceed 50%.
1.08 COORDINATION: Millwork manufacturer is responsible for details and dimensions not
controlled by job conditions, and shall show on his shop drawings required field
measurements beyond his control. Coordinate to establish, verify, and maintain field
dimensions and job conditions.
L06220 - 1
transparent finish.
3. Cabinet Drawer Hardware: Each drawer to have:
1 Pull - Provided by Allowance in Section 01020.
1 Lock National C8053 at each drawer
2 3M Bumpers No. SJ-5012 adhesive mount. Use clear bumpers at
transparent finish and gray at painted finish.
4. Locks and Keying: Master key cabinet locks. Key all locks in each room
alike. Provide three keys per lock. Furnish 6 master keys direct to Owner.
0. Grommets: Plastic grommets shall be Doug Mockett & Co., (P.O. Box 3333,
Manhatten Beach, CA 90266, Phone 213/318-2491), RG Series, 4" x 2", textured
cap with snap out access slot. Black.
P. Adjustable under desk drawer: Shall be Mead -Hatcher, Inc., Model MDH-2030, 30"
W 12-1/2"D, adjustable between 3" - 5" in height and 15 deg. Tilt. Include mouse
pad, keyboard and mouse wrist rests and mounting hardware.
Q. Countertop Hardware: Countertop support Hardware shall be Doug Mockett & Co.,
(P.O. Box 3333, Manhatten Beach, CA 90266, Phone 213/318-2491). Multi-
purpose support hanger MPB5 with 30 degree angle. Finish Matte Black (90). See
Section 08800 for Glass countertop height.
R. Wire Management Hanger: Shall be Doug Mockett & Co., (P.O. Box 3333,
Manhatten Beach, CA 90266, Phone 213/318-2491), WM9 located under desk as
shown on drawings.
S. Flat Screen Arm: Provide one flat screen are by Doug Mockett & Co., (P.O. Box
3333, Manhatten Beach, CA 90266, Phone 213/318-2491), FSA1, one monitor
capability.
T. Wood Trim and Moldings:
1. General: Moldings shall be equal to those manufactured/distributed by
Pan -Tex Plywood & Lumber Co., Lubbock, Texas, (806) 747-2561.
2. Casing: PT-C8 Regent Casing - Red Oak specie.
3. Base: PT-83 traditional Base - Red Oak specie.
U. Slatwall System:
1. General: Manufactured by Slatwall Systems, Phoenix, Arizona, (888) 454-
1233 and distributed by Pan -Tex Plywood & Lumber Co., Lubbock, Texas,
(806) 747-2561.
2. Standard Panel: 3/4" thick MDF, inserts at 3" on center, high pressure
laminate. Architect will select laminate from one of the following
manufacturers: Wilsonart, Nevamar or Formica.
3. Provide sizes shown on drawings.
4. Provide PVC strips for backing groves of slatwall. Color shall be selected
from standards.
2.03 FABRICATION:
A. Fabrication Workmanship:
1. Fabricate items in accordance with requirements of reference standards
and construct millwork items in accordance with Section 400 - Casework
grade requirements of AWI "Quality Standards", and reveal overlay
design/exposed face frame reverse lipped design as shown in AWI
publication, "Architectural Casework Details", unless otherwise specified or
modified.
2. Select plywood in each cabinet face for compatibility of grain and color.
3. Conceal edge grain of exposed and semi -exposed plywood and
06220 - 3
SECTION 07900 - CAULKING AND SEALANTS
PART 1 -GENERA
1.01 DESCRIPTION:
A. Provide exterior sealants required to close joints, which would allow moisture or air
to enter between fixed materials, and as otherwise indicated on the drawings for
exterior sealing. Caulk exterior joints and interior side of exterior joints with sealant
rather than caulking compound.
B. All joints (interior and exterior) between dissimilar materials shall be caulked with
sealant.
C. Provide caulking in conjunction with interior painting operations and as otherwise
indicated on drawings for interior caulking.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Unit Masonry - Section 04200
Cast Stone - Section 04435
Glass and Glazing - Section 08800
Painting and Finishing - Section 09900
1.04 SUBMITTALS:
A. Manufacturer's Literature: Submit manufacturer's name and product proposed for
use, and manufacturer's color charts for Architect's selections and approval.
Submittal shall be in accordance with Section 01340.
B. Samples and Test Reports: For materials other than those specified, furnish a unit
sample of each material proposed (include primer), accompanied by certified
independent laboratory test reports showing that materials to be furnished have
M-, been tested and meet requirements of applicable contract documents and
manufacturer's certification that no major formula change has taken place since
date of test. Sample containers shall be labeled as to supplier, name of material,
specification numbers, colors. Include letters or published recommendations by
manufacturer to support selection and compatibility of various related materials with
{ respect to type of joints for which each material is intended.
1.05 QUALITY ASSURANCE:
A. Acceptable Sealants:
1. Dow Corning 795
2. General Electric Silpruf
3. Tremco Spectrem 2
B. Applicator: Approved in writing by sealant manufacturer as a qualified applicator of
their product.
C. Regulatory Requirements (Energy): Installation of Caulking and Sealing products
shall meet performance requirements of the International Energy Conservation
Code (IECC), 2000 edition, and as herein specified. Installer shall insure that all
joints and penetrations required to be caulked under this contract are sealed. Refer
07900 - 1
P 7-9 117, �'l FM LIM
PART 3 - EXECUTION
3.01 SURFACE PREPARATION:
A. Concrete and masonry surfaces shall be smooth, dry, sound. Brush and wipe
surfaces dust free. Remove oil, grease, release agents, coatings or other
contaminants from surfaces.
B. Remove loose mill scale from steel surfaces. Remove dirt, oil or grease by solvent
cleaning and wipe surfaces.
C. Report unsatisfactory surfaces to Architect.
D. Prime and prepare surfaces in strict accordance with sealant manufacturer's written
recommendations.
3.02 JOINT SIZES AND BACKING:
A. Sealant: Minimum and maximum joint sizes shall be as recommended by sealant
manufacturer and as shown on drawings. Use joint backing material to control
depth of joints. In joints 1/2" and wider depth equal to 1/2 width with minimum
depth of 1/4".
B. Caulking: Depth equal to 3 times joint width.
3.03 APPLICATION:
A. Joint Backer: Install joint backer to achieve required depth of joints. Where not
used, install a bond -preventive material in joint.
B. Sealant: Apply sealant to joints prior to water repellent or clear coating operations.
Apply sealant within 8 hours after primer has dried. Gun -apply sealant, completely
filling joint. Tool joints smooth and wrinkle free.
C. Caulking: Caulk joints before final coat of paint is applied to adjacent surface.
Apply caulking with a pressure gun having a nozzle of proper size to fit joint.
Completely fill joint and firmly tool against backing to make a smooth, convex bead,
and assure good adhesion. Caulking shall develop a firm skin before paint is
allowed.
3.04 CLEANING: Remove excess sealant and caulking materials and smears from adjacent
surfaces as work progresses. Solvent recommended by manufacturer may be used to
remove sealant. Remove debris from site.
End of Section
SECTION 08100 - CUSTOM HOLLOW METAL WORK
PART 1 - GENERAL
1.01 DESCRIPTION: Provide custom hollow metal doors, doorframes, and borrowed light
frames.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Finish Hardware - Section 08700
Glass and Glazing - Section 08800
Field Painting - Section 09900
1.04 QUALITY ASSURANCE:
A. Qualifications: Manufacturer and supplier of hollow metal doors and frames shall
show proof of at least 5 years of experience in fabricating custom hollow metal
work. Manufacturer is subject to Architect's approval and, if requested, shall submit
a list of recent local representative projects completed.
B. Regulatory Requirements: Custom hollow metal work shall comply with
requirements of Americans with Disabilities Act (Public Law 101-336), and the
Texas Accessibility Standards (TAS) Architectural Barriers Act, Article 9102, Texas
Civil Statutes.
r't C. Regulatory Requirements (Energy): Exterior Hollow Metal Doors shall meet
performance requirements and labeling requirements of the International Energy
Conservation Code (IECC), 2000 edition, and as herein specified. Hollow Metal
manufacturer shall certify all products, and all required labels shall remain in place
for inspection by the proper authorities having jurisdiction. Refer also to Section
00850 - INTERNATIONAL ENERGY CONSERVATION CODE COMPLIANCE
STATEMENT.
1.05 SUBMITTALS:
A. Shop Drawings: Submit in accordance with Section 01340. Indicate each type of
door and frame, frame conditions, and complete anchorage details, supplemented
by suitable schedules covering doors and frames. Also indicate field splice joints,
hardware locations and reinforcement, and other misc. items.
B. Samples: Submit following samples if requested:
1. 12" x 12" section of door showing internal construction, edge detail, and butt
reinforcement.
2. 12" x 12" "L" section of frame showing corner detail.
1.06 DELIVERY AND STORAGE: Deliver, store, and handle hollow metal work in manner to
prevent damage and deterioration. Provide individual cardboard containers for doors.
Store doors and frames upright in a protected dry area.
08100 - 1
1
D. Door edges shall be fully welded, ground smooth, with no visible seams on faces
or edges.
E. Doors shall have flush tops and inverted bottom channel.
F. Mortise, reinforce, drill, and tap doors for attachment of finish hardware.
Reinforcement shall be not less than the following:
Hinge and pivot reinforcements ------------------------- 7 gage
Reinforcements for lock face, flush bolts, concealed holders, concealed or
surface -mounted closers -------- 12 gage
2.05 LABELED FIRE DOORS AND FRAMES:
A. Doors and frames designated to be labeled shall bear Underwriters' Laboratories,
Inc. (U,L.) label for class and hour rating scheduled.
n 2.06 FINISH: Remove oil, dirt, and grease from exposed surfaces of doors and frames and
apply a mineral filler to assure a smooth surface. Apply 1 shop coat of zinc chromate rust
Ji inhibitive primer, baked on.
P
2.07 MISCELLANEOUS HOLLOW METAL ITEMS:
A. Borrowed Light Frames: Same hollow metal construction and finish as door frame
and applied stop.
B. Glazing Trim: Manufacturer's standard applied steel trim.
C. Muntin Bars: Applied steel trim as shown on drawings.
D. Steel Grille: Fabricated steel grille applied over glass lite to match existing. .
PART 3 - EXECUTION
3.01 INSTALLATION OF HOLLOW METAL FRAMES:
A. Exercise care in setting of frames to maintain scheduled dimensions. Hold head
level and maintain jambs plumb and square.
B. Secure anchorages and connections to adjacent construction.
C. Leave frame spreader bars intact until frames are set perfectly square and plumb,
and anchors are securely attached.
D. Make field splices in accordance with Shop Drawing details.
3.02 INSTALLATION OF INTERIOR METAL DOORS: Install doors with 1/8" clearance at head
and jamb, 1/2" clearance at floors, and 1/4" clearance at thresholds, with no binding.
3.03 INSTALLATION OF EXTERIOR DOORS: Install doors with 1/8" clearance at head, 3/16"
clearance at jambs, and 1/4" clearance at thresholds.
3.04 PRIME COAT TOUCH-UP: Immediately after erection, sand smooth any rusted or
damaged areas of prime coat and apply touch-up of compatible air primer.
3.05 GALVANIZED TOUCH-UP: Galvicon or ZRC compound, by ZRC Products Company,
Quincy, MA.
End of Section
08100 - 3
SECTION 08700 - FINISH HARDWARE
PART 1 - GENERAL
1.01 DESCRIPTION: Perform all work required to install the Finish Hardware. See Allowances -
Section 01020 for the purchase of Finish Hardware materials. Furnish supplementary
items necessary for proper installation.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Allowances - Section 01020
Millwork - Section 06220
Custom Hollow Metal Work - Section 08100
1.04 QUALITY ASSURANCE:
A. Regulatory Requirements: Finish hardware shall comply with requirements of
Americans with Disabilities Act (Public Law 101-336), and the Texas Accessibility
Standards (TAS) Architectural Barriers Act, Article 9102, Texas Civil Statutes.
B. Regulatory Requirements (Energy): Finish Hardware products, and installation of
those products used for weatherstripping doors or other openings on building
exterior shall meet performance requirements of the International Energy
Conservation Code (IECC), 2000 edition, and as herein specified. Refer also to
Section 00850 - INTERNATIONAL ENERGY CODE COMPLIANCE STATEMENT.
1.05 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Provide secure lock -up for hardware delivered to the project, but not yet installed.
Control the handling and installation of hardware items, which are not immediately
replaceable, so that the completion of the work will not be delayed by hardware
losses, both before and after installation.
B. Coordinate hardware with other work. Tag each item or package separately, with
identification related to the final hardware schedule,
PART 2 - PRODUCTS
2.01 GENERAL: Finish hardware for doors will be purchased by allowance specified in Section
01020.
2.02 ELIMINATION OF ARCHITECTURAL BARRIERS:
A. Door hardware shall comply with the applicable requirements of Texas Department
of Licensing and Regulation, Elimination of Architectural Barriers Act, Article 9102,
Texas Civil Statutes, and as follows:
1. Door Hardware: Handles, knobs, pulls, latches, locks, and other operating
devices on accessible doors shall be mounted no higher than 48 inches
above the floor or ground surface and shall have a shape that is easy to
grasp with one hand and does not require tight grasping, tight pinching, or
08700 - 1 a
M
Heading # 2
Door #'s : 02(P)
Each pair to have
8 HINGES
1 LOCKSET
1 THRESHOLD BOLT
1 HEADER BOLT
1 CYLINDER
2 FLOOR STOP
2 RISER
Heading # 3
Door #'s : 03
Each pair to have
6 HINGES
4 PULLS
1 LOCKSET
1 THRESHOLD BOLT
1 HEADER BOLT
1 CYLINDER
2 CLOSER
2 PROTECTION
2 WALL BUMPER
1 THRESHOLD
Heading # 4
Door #'s : 04
Each to have
3 HINGES
1 LOCKSET
1 CYLINDER
1CLOSER
1 PROTECTION PLATE
1 WALL BUMPER
PART 3 - EXECUTION
3.01 INSTALLATION:
A. Mount hardware units at heights recommended in "Recommended Locations for
Builders' Hardware" by NBHA, except as otherwise specifically indicated or required
to comply with governing regulations, and except as may be otherwise directed by
the Architect,
08700 - 3
a
SECTION 08800 — GLASS AND GLAZING
PART 1 - GENERAL
1.01 DESCRIPTION: Perform all work required to complete the Glass and Glazing indicated by
the Contract Documents. Furnish all material and supplementary items necessary for the
proper installation.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Alternates - Section 01100
Hollow Metal Doors and Frames - Section 08100
Wood Doors - Section 08211
1.04 SUBMITTALS:
A.
Shop Drawings: Submit in accordance with Section 01340,
B.
Samples: Submit samples, 12" square, of each type of glass, if requested by
Architect.
1.05 QUALITY ASSURANCE:
A.
Reference Standards
1. Flat Glass Marketing Assoc. (FGMA): Glazing Manual, 1974 Edition.
2. American National Standards Institute (ANSI): ANSI Z97.1-1.
B.
Requirements of Regulatory Agencies:
1. Safety Standard for Architectural Glazing Materials, 16 CRF 1201, as
established by Consumer Product Safety Commission.
2. Regulatory Requirements: Glass and glazing shall comply with
requirements of Americans with Disabilities Act (Public Law 101- 336), and
the Texas Accessibility Standards (fAS) Architectural Barriers Act, Article
9102, Texas Civil Statutes.
C.
Regulatory Requirements (Energy): Glass and Glazing products, and installation of
those products, shall meet performance and labeling requirements of the
�-
International Energy Conservation Code (IECC), 2000 edition, and as herein
specified. Glass manufacturer shall certify all products, and all required labels shall
remain in place for inspection by the proper authorities having jurisdiction. Installer
shall insure that all joints and penetrations required to caulked or closed under this
contract are sealed. Refer to Section 00850 — INTERNATIONAL ENERGY
CONSERVATION CODE COMPLIANCE STATEMENT.
1.06 DELIVERY AND STORAGE:
A. Deliver glass with manufacturer's labels intact, Do not remove labels until glass has
been installed.
B. Keep glass free from contamination by materials capable of staining glass.
C. Deliver compounds in manufacturer's unopened, labeled containers.
08800 - 1
E. Mirrors: Install mirrors with theft proof mountings in accordance with approved
shop drawings.
3.03 CLEANING:
A. Remove excess glazing compound from installed glass.
B. Remove labels from glass.
C. Thoroughly wash and polish both faces of glass.
D. Remove debris from site.
3.04 PROTECTION:
A. Replace broken, scratched, chipped or otherwise damaged glass.
B. Attach crossed streamers away from glass face.
End of Section
08800 - 3
SECTION 09250 — GYPSUM DRYWALL CONSTRUCTION
PART 1 - GENERAL
1.01 DESCRIPTION: Provide all gypsum drywall work, exterior stud walls and materials shown
on the Drawings.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Alternate Bid and Additive Options - Section 01100
Lightgage Steel Framing - Section 05400
Carpentry - Section 06100
Millwork - Section 06220
Custom Hollow Metal Work - Section 08100
Acoustical Ceiling Systems - Section 09500
Painting and Finishing - Section 09900
1.04 SCHEDULE OF WORK: See finish schedules and drawings for locations of gypsum
drywall work required. The types of work include the following:
A. Single Layer Applications: Partitions and suspended ceilings, 5/8" thick, Type X.
B. Wall Furring: 5/8" thick, Type X, on furring channels.
C. Drywall Soffits: Drywall furring at top of millwork and elsewhere shown shall be
braced soffit construction of steel runners, studs and 5/8" gypsum board.
D. Interior Drywall Framing and Furring: 20, 25-gauge metal stud system and furring
channels.
E. Curved Surfaces: One layer 3/8" thick and one layer 1/4" thick at curved walls.
Reduce spacing of studs as necessary to prevent fiat areas between studs.
1.05 COORDINATION:
A. Build in openings and chases for heating, plumbing, and electrical ducts, pipes,
and conduits built into drywall partitions and ceilings.
B. Consuft other trades in advance and make provisions for their work to avoid cuffing
and patching.
1.06 QUALITY ASSURANCE:
A. Acceptable Manufacturers: U.S. Gypsum Co., National Gypsum Co., Flinkote Co,,
Republic Gypsum Co.
B. Qualifications of Installer: Minimum of 3 years previous experience in comparable
i
work.
C. Requirements of Regulatory Agencies: Underwriters Laboratories, Inc., Fire Hazard
Classification; Local Building Code.
D. Fire Endurance Ratings:
1. Partitions: 1 hour fire -rated construction, unless otherwise noted, 2 hour
fire -rated partitions U.L. Design U411-2hr,
E. Allowable Tolerances: 1/8" offsets between planes of board faces, and 1/8" n 8,0"
for plumb, level, warp and bow.
09250 - 1
manufacturer's recommendations or fire resistive requirements shall govern (at no
additional cost to the Owner). Contractor shall notify the Architect in writing of any such
conflicts prior to installing the materials.
3.02 PREPARATION: Maintain minimum of 55 deg. F. temperature in building one week prior to
installation and until insulation and joint treatment is complete. Provide adequate
ventilation to remove excess moisture during joint treatment.
3.03 METAL FRAMING INSTALLATION:
A. Metal Runners: Align accurately according to partition layouts and fasten to
71
structure at 24" o.c. Brace top runners to structure above with bracing members 8
ft. on center, maximum.
B. Caulking: Before anchoring runners of partitions shown with sound insulation,
apply 2 beads of 3/8" dia. acoustical sealant to contact surfaces of runner tracks
and end studs to seal with adjoining structure.
C. Metal Studs: Place in accordance with schedule below, unless otherwise noted on
Drawings, into floor and ceiling runners. Secure studs to runners with screws at
door and window frames, partition intersections and corners and secure remaining
studs with positive attachment. Where required for additional height, splice studs
by nesting a minimum lap of 18" and attach flanges together with 2 screws in each
flange.
1. Interior Stud Spacing and Gage:
16" o.c., 25 ga. for heights up to 14 ft.
0111
16" o.c., 20 ga. for heights over 14' but not more than 18'
16" o.c., 20 ga, for all walls scheduled to receive ceramic tile and lead lined
partitions
12" o.c., 20 ga. for all plaster surfaced partitions
D. Window, Door and Borrowed - Light Frames:
1. Studs adjacent to window, door and borrowed light frames shall be securely
screwed or bolted to jamb and head anchors clips.
2. At the frame jambs install two floor -to -ceiling height runners nested into a
box form in addition to one STIO stud on each side of frame to act as strut -
studs. Boxed steel runners shall be screw attached together using 1/2" type
S-12 screws at 12" o.c. maximum, Attach STIO stud to boxed steel runners
with S-12 screws at 12" o.c. maximum.
3. At the frame head, install steel runner for openings up to 3'-10"; boxed studs
in addition to runner for openings up to T-10" maximum; and tubular
structural girts for openings T-10" or in width. Anchor runners to boxed
studs to structural girls with S-12 screws same as noted above for jambs.
Cut runner long enough to provide minimum 2" end flanges for attachment
to strut -studs at jambs. Fasten runner to strut -studs with at least four 1/2"
type S-12 LPH screws per flange.
E. Girls: Provide stud material placed horizontal in the wall at mid height of the
partition or not to exceed 5' on center vertical. Girts shall be cut between and
securely fastened with sheet metal screws to studs. Additional girts shall be placed
9,
at or within 12" of ceiling line in all partitions extending above ceiling. Girt at ceiling
Hshall
be full width of studs to provide effective fire stop, at the Contractor's option
he may substitute 1-1/2" cold -rolled plaster channel passing through openings in
studs at girt location other than ceiling line. Cold rolled channels shall be securely
attached to each stud.
09250 - 3
L J
11
3.05 ACCESSORIES INSTALLATION:
A. Corner Beads: Install on external corners, with suitable fasteners spaced 9" o.c. on
both sides.
B. Metal Trim: Install over face -layer wallboard with suitable fasteners spaced 9" o.c.,
where gypsum board surfaces meet dissimilar surfaces, where interior partitions
intersect exterior walls, and elsewhere as shown on Drawings.
C. Control Joints: Unless otherwise shown, install above door frame jambs, borrowed
light frame jambs, at changes in back-up material, in partitions at 30' o.c., in
ceilings at 50' o.c. in both directions, in wings where "L", "U" and '7-shaped ceiling
areas are joined, at locations where expansion or control joints occur in the base
wall and elsewhere as recommended by the drywall manufacturer. Attach to face
layer wallboard with 9/16" "G" staples spaced 6" o.c. in each flange.
3.06 CLEANING: At the completion of installation, remove rubbish from building, leaving floors
broom clean. Remove excess material, scaffolding, tools, and other equipment from
building and job site.
End of Section
09250 - 5
SECTION 09500 - ACOUSTICAL CEILING SYSTEMS
PART 1-GENERAL
1.01 DESCRIPTION: Provide lay -in type suspended acoustical ceilings.
t 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Building Insulation - Section 07210
1.04 SUBMITTALS:
A. Shop Drawings: Submit in accordance with Section 01340. Indicate materials and
construction of systems. Include manufacturer's specifications and installation
instructions for each type of acoustical system component. Include details of light
fixture and duct penetrations at ceilings required to have fire endurance ratings.
B. Samples: Submit samples of each acoustical board and suspension system for
Architect's approval.
C. Maintenance Instructions: Submit manufacturer's recommendations for cleaning
each type of acoustic material.
1.05 QUALITY ASSURANCE:
A. Qualifications of Installer: Subcontract the acoustical ceiling and related work to an
experienced installer acceptable to the manufacturer of primary acoustical
materials, as shown by current written statement from manufacturer.
B. Fire Hazard Classification:
1. Maximum Flame Spread: UL (ASTM E84): 25, Class 25 FS SS-S- 118A (13
Jun 80).
( 1.06 COORDINATION: Coordinate installation with other trades and make provisions for their
i ', work to prevent cutting and patching.
1.07 DELIVERY AND STORAGE: Deliver materials in factory packages with factory labels
attached indicating brand, pattern, size and fire rating as applicable. Store acoustical
materials at normal room temperature in a protected enclosure having a stabilized moisture
content. Comply with manufacturer's storage recommendations.
1.08 WARRANTY:
A. Furnish written warranty that the work under this division shall be free from defects
of materials and workmanship for a period of two (2) years from the date of final
acceptance.
B. The following shall be adjudged as defective work: loosening, buckling, undue
shrinkage, warping, sagging, cracking, settling, chipping, spotting or loss of
acoustical properties of materials.
1_;1 1.09 EXTRA STOCK: At completion of project, furnish Owner with one full -unopened carton of
each type of acoustical board/tile material. Extra stock the shall not be used by Contractor
for warranty work.
09500 - 1
0
flush and level.
D. Do not install ceiling boards until all mechanical and electrical systems in attic have
been inspected by Architect. Install ceiling board according to manufacturer's
recommendations and in level plane bearing on suspension members. Neatly cut
out board around items installed by other trades. After all attic insulation is
completed, leave one grid space per room open for attic inspection. Install the in
open grid space when approved by Architect.
3.04 ADJUSTING AND CLEANING: Replace damaged members of exposed suspension
system. Replace ceiling and wallboard that is damaged, installed improperly, or shows
visible sign of sagging. Clean soiled areas of ceiling material and exposed suspension
system; comply with manufacturer's instruction. Replace ceiling units and members, which
are damaged or cannot be cleaned.
3.05 PROTECTION: Advise Contractor of proper procedures for protection of acoustical
ceilings from damage or deterioration.
End of Section
L-11 09500 - 3
SECTION 09650 — RESILIENT FLOORING
PART 1 - GENERAL
1.01 DESCRIPTION: Provide vinyl composition flooring, solid vinyl flooring and specialty
flooring materials.
NOTE: Coved vinyl base shall be installed after floor covering work is completed.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Wood base - Section 06220
1.04 QUALITY ASSURANCE:
A. Substrate Tolerances: Tolerances are plus or minus within specified distance and
are not cumulative.
1. New or Existing Substrate at Resilient Floors: True to plane within 1/8" in 10
ft. Achieve tolerances by use if leveling materials.
B. Regulatory Requirements: Flooring and accessories shall comply with
requirements of Americans with Disabilities Act (Public Law 101- 36) and the Texas
Accessibility Standards (TAS) Architectural Barriers Act, Article 9102, Texas Civil
Statutes. A static coefficient of 0.6 is required for all floors and 0.8 for ramps.
C, Testing: Test floor for moisture content as hereinafter described.
1.05 SUBMITTALS: Submit in accordance with Section 01340.
A. Manufacturer's Data: Submit copies of manufacturer's technical data and
installation instructions for each type of material and accessories.
B. Maintenance Instructions: Submit copies of manufacturer's written instructions for
recommended maintenance practices for each type of materials and accessories.
C. Samples: Submit samples of resilient flooring, specialty flooring materials and
base materials to Architect for approval and selection of color and pattern. Do not
order or deliver materials until after Architect's selection and approval. Materials
delivered to project shall match approved samples.
1.06 DELIVERY AND STORAGE: Deliver materials in unbroken factory containers and store in
cool, dry place. Each container shall bear manufacturer's name, pattern number, and lot
number.
1.07 JOB CONDITIONS: Examine the areas and conditions under which resilient flooring and
accessories are to be installed and notify the Contractor in writing of unsatisfactory
conditions. Do not proceed with the work until unsatisfactory conditions have been
corrected.
1.08 EXTRA STOCK: At completion of project, deliver to Owner the following minimum amounts
of materials of same brand, size, and pattern as used on project; furnish materials from
same manufactured lot as the materials installed:
09650 - 1
C. Solid Vinyl Tile Adhesive: Armstrong S240 Epoxy Adhesive,
D. Base Adhesive: Acrylic polymer type adhesive, equal to Chapco 400, unless
otherwise recommended by base manufacturer.
2.07 WAX: High quality metal cross -linked acrylic polish, unless otherwise recommended by
flooring manufacturer.
PART 3 - EXECUTION
3.01 INSPECTION AND PREPARATION:
A. Prior to installation of finish floor coverings, remove dirt, oil, grease, paint and other
foreign matter from surfaces.
B. Inspect surfaces for holes, cracks and other abrasions, and fill with latex floor -
leveling compound.
C. Inspect surfaces for deviations beyond allowable tolerances. Fill depressions with
latex floor leveling compound and grind down high spots to obtain allowable
tolerances.
D. Trowel and featheredge leveling compound to a smooth and level surface.
E. Leave subfloors clean, true to plane within allowable tolerances, and ready to
receive finish flooring.
F. Maintain 70 deg. F. minimum temperature 24 hours before and after laying floor.
Stack materials in prepared areas at 70 deg. F. 24 hours prior to laying floor.
G. Prior to commencing installation, Contractor shall provide all required testing of
slabs for moisture content to insure moisture content does not exceed
manufacturer's recommendations. Provide Architect with copies of test results.
3.02 INSTALLATION - GENERAL: Install flooring and base after finishing operations, including
painting, have been completed and permanent heating system is operating. Moisture
content of concrete slabs, building air temperature and relative humidity must be within
limits recommended by flooring manufacturer.
3.03 INSTALLATION OF TILE MATERIALS:
A. Apply thin uniform film of adhesive spread evenly with notched steel trowel, in
accordance with directions on container. Allow adhesive to cure 30 minutes prior
to tile installation.
B. Lay tile starting at center of room, working toward walls, square with room axis.
Adjust width of border tiles as required and scribe to walls and projections.
C. Joints shall be tight butt joints, true to line.
Eil
D. Verify pattern of tile (directions of grain) with Architect before laying tile.
E. Install flooring on covers for telephone and electrical ducts, and other such items
as occur within finished floor areas: maintain continuity of color and pattern.
3.04 INSTALLATION AND FITTING OF SOLID VINYL TILE & PLANKS:
A. Before installing the material, plan the layout so tile joints fall at least 6" away from
subfloor/underlayment joints. Do not install over expansion joints. When installing
Wood Collection planks, the end joints should be staggered a minimum of 6"
apart. When installing Stone Collection rectangles, the tile can be installed in
block/tile fashion or offset the joints by one half tile.
1. Recommended for areas subject to concentrated static and dynamic loads
09650 - 3
III
D. Form in and out corner angles tightly and neatly.
E. Scribe base accurately to door and cabinet trim.
3.06 INSTALLATION OF SPECIALTY MATERIALS:
A. Reducer Strips: Install vinyl reducer strips where detailed and where the terminates
at exposed concrete floors.
B. Transition Strips: Install vinyl transition strips where detailed and where tile abuts
dissimilar floor material of greater or lesser gauge.
C. Laser Cut Logo: Install as per manufacturer's printed instructions.
3.07 REMOVAL OF EXISTING FLOOR TILES AND BASE:
A. Where shown or required, remove existing floor tiles, sheet vinyl, base and
adhesive completely. Proceed with installation as specified for new work.
3.08 CLEANING AND WAXING:
A. Allow 24 hours after laying flooring materials before beginning cleaning process.
Clean flooring materials with a neutral cleaner and allow to dry.
B. Apply first coat of wax full strength, and machine buff.
C. Immediately prior to final inspection, apply a second coat of wax and machine buff.
D. Clean resilient base thoroughly and remove excess adhesive from surfaces.
E. Remove cartons and rubbish from site.
End of Section
09650 - 5
SECTION 09900 — PAINTING AND FINISHING
PART 1 - GENERAL
1.01 DESCRIPTION:
A. Provide complete painting and finishing of surfaces throughout interior and on the
exterior of building where noted on drawings, including mechanical and electrical
equipment, unless otherwise noted not to be painted.
B. Examine specifications for various other trades and their provisions regarding their
painting. Surfaces that are left unfinished by other sections of specifications shall
be painted or finished as a part of this section.
C. Copper, bronze, chromium plate, nickel, stainless steel, Monel metal, lead, and
lead coated copper shall not be painted or finished except as otherwise specified
or scheduled.
D. Other surfaces not to be painted, unless otherwise noted, include face brick;
synthetic plaster, pre -finished wall, ceiling, and floor coverings; items with factory
applied final finish; chases; and plenums above suspended ceilings, except as
noted otherwise.
1.02 DOCUMENTS: Applicable requirements of the General Conditions, Supplementary
Conditions and General Requirements apply to the work specified in this section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Alternate Bid and Additive Options - Section 01100
Masonry Restoration and Cleaning - Section 04500
Caulking and Sealants - Section 07900
Gypsum Drywall Construction - Section 09250
1.04 QUALITY ASSURANCE:
A. Product Labels: Include manufacturer's name, type of paint, stock number, color
and label analysis on label of containers.
B. Field Quality Control: Apply each type of finish required on a representative area or
room for approval of color, texture, quality and workmanship. After approval, these
applications shall serve as standard of quality for entire project.
1.05 SAMPLES AND COLORS:
A. Colors, including deep tones, will be selected by Architect. Number of colors to be
used on job will be determined by Architect.
B. After initial selections are made, painter shall prepare two 12" x 12" samples of each
color and sheen selected, on properly prepared paint -out cards or hardboard. One
set of approved samples shall remain at project site, and one will be retained at the
architect's office.
C. Prepare stained wood samples on type and quality of wood specified for use on
project. Painter shall provide two samples of approved stain, one of which shall be
maintained at project site.
D. Submit 12" x 12" samples of drywall textures based on Architect's instructions for a
general type of texture desired.
E. Submit paint schedule in accordance with submittal requirements of Section 01340.
List each surface and its proposed paint products and systems.
09900-1
6,
directions. Sand finish coat and leave surfaces smooth, uniform, and free of fins,
depressions, cracks and other imperfections. Treat joints of surfaces to receive ceramic
tile or other finish wall material. Treat joints of all exposed face layers. Treat joints of all
face layers of all gypsum board fire proofing and fire rated construction in exposed and
concealed locations.
3.06 APPLICATION:
A. Final coat of paint shall have visual evidence of solid hiding and uniform
appearance, and shall be smooth, free of brush marks, streaks, sags, runs, laps, or
skipped areas.
B. Apply paint, stain, and varnish with suitable brushes, or rollers, as recommended
by manufacturer. Spray application will be allowed only upon written approval of
the Architect.
C. Allow previous coats to thoroughly dry before applying succeeding coats.
D. Edges of paint adjoining other materials or colors shall be sharp and clean with no
overlapping.
E. Sand and dust between each coat as required to remove visual defects.
F. Adjust transparent (natural) finishes to obtain matching appearance between doors
and casework.
G. Each coat of paint applied shall be inspected by Architect before application of
succeeding specified coats. Only inspected coats of paint will be considered in
determining number of coats. Provide Architect a report of each coat applied when
completed for inspection to comply with above. Architect reserves right to make
revisions within color range of paint prior to final coat, at no additional cost.
H. Apply each coat of paint uniformly to minimum wet film (MWF) thickness specified
in Schedule, or as recommended by manufacturer. Where shown provide
minimum dry film (MDF) thickness shown in schedule. Additional coats shall be
applied if required to produce full coverage.
3.07 CLEANING AND PATCHING:
A. Upon completion of work, remove paint and varnish spots from floor, glass, and
other finished surfaces. Remove from premises rubbish and accumulated
materials. Leave work in clean, orderly, and acceptable conditions.
B. Spot painting will be allowed to correct soiled or damaged paint surfaces only when
touch-up spot will blend into surrounding finish and is invisible to normal viewing.
Otherwise, re -coat entire section to corners or visible stopping point.
3.08 SCHEDULE OF PAINTING:
EXTERIOR METAL 100% ACRYLIC SEMI -GLOSS FINISH (PRIMED OR UNPRIMED)
First: ICI DULUX 4020 DEVFLEX Flat Primer
Second: ICI DULUX 2406 DECRA-SHIELD Semi -Gloss Finish
Third: ICI DULUX 2406 DECRA-SHIELD Semi -Gloss Finish
NOTE: First coat not required on items delivered with shop coat applied. Use this
finish on all exterior ferrous metal including exposed structural steel.
EXTERIOR GALVANIZED METAL - 100% ACRYLIC SEMI -GLOSS FINISH (PRIMED OR
UNPRIMED)
First: ICI DULUX 4120 DEVGUARD All Purpose Metal and Galvanized Metal
Primer
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3.09 SCHEDULE OF PAINTING - REMODEL WORK (where noted on Drawings):
INTERIOR METAL —100% ACRYLIC SEMI -GLOSS FINISH - REMODEL WORK
First: Remove grease, rust, scale and dust. Touch-up any chipped or abraded
places ICI 4160 DEVGUARD Multi -Purpose Tank and Structural Primer.
Second: ICI 1416 ULTRA -HIDE Latex Semi -Gloss Interior Wall & Trim Enamel.
Third: ICI 1416 ULTRA -HIDE Latex Semi -Gloss Interior Wall & Trim Enamel.
End of Section
09900-7
SECTION 10521 — FIRE EXTINGUISHERS — HAND UNITS
PART 1 - GENERAL
1.01 DESCRIPTION: Where shown on drawings, furnish and install fire extinguishers and fire
extinguisher cabinets.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work specified in this
section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Carpentry - Section 06100
Drywall Construction - Section 09250
1.04 ASSURANCE:
A. Manufacturers: Model numbers included for fire extinguisher equipment are items
manufactured by J. L. Industries and are listed as a standard quality. Equivalent
items of the following manufacturer is acceptable:
Larsen's Manufacturing Company
B. Reference Standards: All material and installation shall conform to applicable
requirements of the standard for Portable Fire Extinguishers, National Fire
Protection Association (NFPA) No. 10-2002.
C. State and Local Building Codes: Comply with state and local governing regulations
pertaining to fire protection equipment.
D. Regulatory Requirements: Fire extinguishers shall comply with requirements of
Americans with Disabilities Act (Public Law 101-336), and the Texas Accessibility
Standards (TAS) Architectural Barriers Act, Article 9102, Texas Civil Statutes.
1.05 SUBMITTALS: Submit shop drawings in accordance with Section 01340. Indicate type,
sizes and mounting details of each extinguisher, cabinet and bracket.
PART 2 - PRODUCTS
2.01 MATERIALS:
A. Dry Chemical Extinguisher: 5 lb. Cosmic E Series, Model No. 5, enamel steel with
U. L. rating 2A-10BC.
B. Single Cabinet: Clear Vu 1525 Mini -Shallow Wall Cabinet, flat trim, clear acrylic
convex bubble door, and aluminum door frame. Anodized aluminum finish.
PART 3 - EXECUTION
3.01 INSTALLATION:
A. Extinguishers having a gross weight not exceeding 40 lbs. shall be installed so that
the top of the extinguisher is not more than 54" above the floor, Extinguishers
having a gross weight greater than 40 lbs. shall be so installed that the top of the
extinguisher is not more than 42" above the floor.
10521 - 1
SECTION 11001 -SPECIAL EQUIPMENT
PART 1 - GENERAL
1.01 DESCRIPTION: Provide Special Equipment indicated by the Contract Documents, and furnish
all supplementary items necessary for the proper execution and completion of the project.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions, Supplementary
Conditions and General Requirements apply to the work specified in this section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Alternates - Section 01100
Miscellaneous Metal - Section 05500
Painting and Finishing - Section 09900
1.04 QUALITY ASSURANCE:
A. Regulatory Requirements: Special equipment shall comply with requirements of
Americans with Disabilities Act (Public Law 101-336), and the Texas Accessibility
Standards (TAS) Architectural Barriers Act, Article 9102, Texas Civil Statutes.
1.05 SUBMITTALS:
A. Submit manufacturer's specifications and installation instructions for each type of
special equipment herein specified. Furnish a detail schedule of equipment with room
space identification for each item. Make submittals in accordance with Section 01340.
B. Samples: Submit samples of each item for approval if requested by the Architect. If
item is approved it will be returned to the Contractor for installation on the job. If item
is not approved it will be returned to the Contractor for disposal.
PART 2 - PRODUCT
2.01 MATERIALS:
A. Stainless Steel: Comply with AISI, Type 302/304. Provide No. 4 polished finish, unless
otherwise specified.
B. Brass: Cast or forged quality alloy complying with FS WW-P-541.
C. Sheet Steel: Cold rolled, commercial quality material complying with ASTM A366-72.
Provide surface preparation and metal pretreatment as required for applied finish, in
accordance with manufacturer's instruction.
71 D. Chromium Plating: Nickel and chromium electro-deposited on metal, complying with
ASTM B456-79, Type SC 2.
- E. Baked Enamel Finish: Factory -applied, baked acrylic enamel coating.
F. Galvanized Steel Mounting Devices: Hot -dip galvanized after fabrication comply with
ASTM A386-78.
2.02 OWNER FURNISHED/CONTRACTOR INSTALLED EQUIPMENT:
A. Saddle rack will be furnished by Owner and is to be mounted to floor with an
- appropriate bracket. This is to ensure the rack will not tip over. Donated saddle
shall be mounted to rack as not to fall off rack. Bolts to secure saddle shall be hidden
from view.
11001 - 1