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HomeMy WebLinkAboutResolution - 2017-R0133 - Tecta America CS, LLC - 04_13_2017 (2)Resolution No. 2017-RO 133 Item No. 6.18 April 13, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 13268 for Roof Replacement at Southwest Water Reclamation Plant-Headworks Building, by and between the City of Lubbock and Tecta America CS, LLC, of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on AnriLL3, 2017 DANIEL M. POPE, MAYOR ATTEST: 6Q�e --t -C - 3(�� Reb cca Garza, City Secre rY APPROVED AS TO CONTENT: Mark d, Assi tant City Manager APPROVED AS TO FORM: i elli Leistde,Assistant City Attorney ccdocs/RES.Contract 13268RoofReplacementTectaAmerica 03.14.17 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-178350 Date Filed: 03/14/20 7 to Acknowled d: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tecta America -CS, LLC Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 103/21/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. RFP 17-13268-KM Roofing, Sheet Metal, Warranties, LWIC a contract, and provide a 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-178350 Tecta America -CS, LLC Lubbock, TX United States Date Filed: 03/14/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 17-13268-KM Roofing, Sheet Metal, Warranties, LWIC 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Tina Marie Greene Notary Publio : State of Texaa Mv Comm. Exp. 06-06.17 ignature of thorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn td subscribed before me, by the said �f✓[.�CJh VIJ�'e%✓1 S this the day of ►" ([�t./ C�r� 20 �r to certify which, witness my hand and seal of office. �.e t 77 C' r �evc� (J Signature of off er administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: April 13, 2017 City of Lubbock Specifications for Roof Replacement at Southeast Water Reclamation Plant - Headworks Building RFP 17-13268-KM CONTRACT 13268 PROJECT NUMBER: 92448.9242.30000 Plans & Specifications may be obtained from BidSync.com CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 17-13268-KM Roof Replacement at Southeast Water Reclamation Plant Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken." Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. V/ Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. y/ 3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. ✓ Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. i 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAXID number or Owner's'SOCIAL SECURITYnumber. 8. ✓ Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. 9. v1 Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 10. V1 Complete and submit the FINAL LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED: 11. V1 Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM 1295 within the specified time FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. Tecta America CS LLC (Type or Print Company Name) Page Intentionally Left Blank r 1. H 2. 3. 4. 5. 6. 7. a_ 8. 9. 10. 11. 11. 12. 12. 13. t a NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS GOVERNMENT CODE 2269 PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. LUMP SUM PROPOSAL PRICE SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES GENERAL CONDITIONS OF THE AGREEMENT DAVIS-BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS g�g Page Intentionally Left Blank NOTICE TO OFFERORS Page Intentionally Left Blank NOTICE TO OFFERORS RFP 17-13268-KM Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. on March 9, 2017 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: Roof Replacement at Southeast Water Reclamation Plant — Headworks Building After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 3:00 p.m. on March 9, 2017, and the City of Lubbock City Council will consider the proposals on April 13, 2017, at the City Hall, 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 $50,000.. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. 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 within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE 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 Offerror 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 March 1, 2017 at 10 a.m., in 3603 Guava Avenue, Lubbock, Texas. 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 Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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 a ailable to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, NGIrta ACvareZ Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT In GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Roof Replacement at Southeast Water Reclamation Plant — Headworks Building per the attached specifications and contract documents. Sealed proposals will be received no later than 3:00 p.m. March 9, 2017 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 17-13268-KM Roof Replacement at Southeast Water Reclamation Plant — Headworks Building 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: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management 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. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by f ' private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 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 conference will be held at 10:00 a.m., March 1, 2017 in 3603 Guava Avenue, 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 www.bidsygc.com. We strongly suggest that you check for any --s 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 request an interpretation thereof from the Director of Purchasing and Contract Management. r—, s v At the request of the proposer, or in the event the Director of Purchasing and Contract t Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by "? the Purchasing and Contract Management Office will be available over the Internet at http://www.bidsygc.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR F INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than seven (7) calendar days t 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 explanation or interpretation that is not in writing. Only nforma 'o lied b the City of Lubbock Purchasing and Contract Management Office O y i ti n supplied y y g g 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. 4 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 Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management 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 Director of Purchasing and Contract Management 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 seven () calendar days prior to the opening of proposals. 5 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. ' F. I 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. 6 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 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a) 6.3 Marking your entire proposal CONFIDENTIAUPROPRIETARY 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. 8 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 C 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. i 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. The contract documents may be examined without charge as noted in the Notice to Offerors. : 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS__r 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and Contract Management 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 City Purchasing and Contract Management Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made. Kristen McAvoy, Buyer City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: KMcAvoy@mylubbock.us Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 90 CONSECUTIVE CALENDAR 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. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements 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 TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. - 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of ten sets of plans and -- specifications and related contract documents for 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. WE 20 21 22 23 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals 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. 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. 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, both known and unknown, 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, and/or the owning utility at the Contractor's expense. 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. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. r ` 24 CONTRACTORS 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 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. 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 Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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 the 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 Sundays 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 Sundays 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 Sundays or holidays will be made by the Owner's Representative. 27 F 29 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 condition so that it is no longer dangerous to property or life. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. 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, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES 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. PREPARATION FOR PROPOSAL 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 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: 29.3.1 Proposer's name Tecta America CS LLC 29.3.2 Proposal RFP 17-13268-KM Roof Replacement at Southeast Water Reclamation Plant — Headworks Building 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 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. a (c) Proposer's Submittal Form. r (d) Statutory Bonds (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) 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, they are to be considered incorporated by reference into the aforementioned contract documents. t. 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 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: (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. r (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 (f) The experience and qualifications of key project personnel (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has w 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 five (5) 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. ' 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 30% for Contractor Qualifications, 50,46 for Safety Record, and 5% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely b a low initial cost proposal or, q Y J g Y Y p p conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price 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 maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = SS Price Score. 1 32.2 30% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. i� $E$ t 32.3 5% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 will receive zero points for safety. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition 32.4 5% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The Committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. The estimated budget for the construction phase of this project is $130,000 Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 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. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) 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. 33.3 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 t. 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 34 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. 33.4 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. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. " ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: htip://www.wdol.gov/dba.asp 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. Page Intentionally Left Blank TEXAS GOVERNMENT CODE 4 2269 SUBCHAPTER D. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: ._.r (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity 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. In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM LUMP SUM PRICE PROPOSAL CONTRACT DATE: March 9, 2017 PROJECT NUMBER: RFP 17-13268-KM Roof Replacement at Southeast Water Reclamation Plant — Headworks Building Proposal of Tecta America CS LLC (hereinafter called Offeror) 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 Roof Replacement at Southeast Water Reclamation Plant — Headworks Building_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 renovations of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to renovate 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. BASE PROPOSAL ITEM NO. DESCRIPTION UNIT MATERIALS LABOR TOTAL PRICE Roof Replacement at Southeast Water Reclamation Plant — Headworks Building 1 Base Proposal consists of the materials & labor for the LS necessary improvements for the above referenced project as further s ecified herein. 71,580 47,720 $119 300.0 DURATION 1. Number of days required for construction: Offeror's Initials TOTAL CALENDAR DAYS: Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 90 Calendar Days Completed by Contractor thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $250 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. L I The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after ' the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials City of Lubbock Bid RFP 17-13254-KM Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of 5% Max Bid Amount Dollars ($ ), 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 n said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. r.. 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(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 PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date. Addenda No. Date Addenda No. Date Addenda No. Date Jason Weems (Printed or Typed Name) Tecta America CS LLC Company 5401 Acuff Road Address Lubbock Lubbock City, County Texas 79403 State Zip Code Telephone: 806 - 747- 8400 Fax: 806 - 747- 8800 Email: FEDERAL TAX ID or SOCIAL SECURITY No. 84-1505685 M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) I` -. 2/10/2017 8:09 AM p. 33 � t i t CONTRACTORS STATEMENT OF QUALIFICATIONS f Individual contractors and joint ventures submitting a bid must complete the following evaluation information for i } the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Contractor's General Information Organization Doing Business As Tecta America -CS, LLC Business Address of Principle Office 5401 Acuff Road Lubbock Tx. 79404 Telephone Numbers 806-747-8400 Main Number 806-747-8400 Fax Number 806-747-8800 Web Site Address www.tectaamerica.com Form of Business (Check One) X I A Corporation A Partnership An Individual Date of Incorporation State of Incorporation Texas Chief Executive Officer's Name President's Name Jason Weems Jobin Weems Vice President's Name(s) Secretary's Name Tomi Kerns Treasurer's Name . lAf hArrhAAnamv Date of Organization State whether partnership is general or limited Name Business Address Average Number of Current Full Time Average Estimate of Revenue for Employees 50 I the Current Year 2 Contractor's Organizational Experience Organization Doing Business As Tecta America -CS LLC Business Address of Regional Office Tecta America -CS LLC P.O. Box 2722 Amarillo Tx. 79105 Name of Regional Office Manager Tomi Kerns Telephone Numbers 806-373-1732 Main Number 806-373-1732 Fax Number 806-373-9472 Web Site Address www.tectaamerica.com List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date Tecta America Corporation 2002 Present List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership ONCAP 100% Construction Years experience in projects similar to the proposed project: As a General Contractor 1 70 Years I As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? N o If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? N o If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local state or federal ageng within the last five ears? No If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? N o If yes provide full details in a separate attachment. See attachment No. Contractor's Proposed Key Personnel Organization Doing Business As Tecta America -CS, LLC Provide a brief description of the managerial structure of the organization and illustrate with an organizational chart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. 1 See Attachment Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational chart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. See Attachment Experience of Key Pers6nnel 1� Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Jobin Weems Jason Weems Project Superintendent Jose Martine❑ Kanon Boynton Project Safety Officer Michael Pillow David Aguirre Quality Control Manager Jason Weems Jose MartineC If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. I Proposed Project Managers Organization Doing Business As Mn�� Candidate Name of Individual Tecta America -CS, LLC Jason Weems Years of Experience as Project Manager 20 Years Years of Experience with this organization 7 Years Number of similar projects as Project Manager 50 Number of similar projects in other positions 25 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Frenship 9th Grade Center 34% 8/31 /17 Wayland Baptist Roof Replacement 33% 6/30/17 4OREICGolf 33% 7/30/17 Reference Contact Information(listing names indicates a roval to contacting the names individuals as a reference Name Amv Bollinger Name Brad Draper Title/ Position Project Manager Title/ Position Consultant Organization Lee Lewis Construction Organization ARMKO Industries Telephone 806-797-8400 Telephone 806-833-6953 E-mail abollinger@leelewis.com E-mail bdraper@armko.com Project Coronado High School Project Dental Associates West Candidate role on Project Alternate Candidate Name of Individual Project Manager Candidates role on Project Project Mana er Jobin Weems Years of Experience as Project Manager 10 Years Years of Experience with this organization 2 Years Number of similar projects as Project Manager 25 Number of similar projects in other positions 10 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Lubbock ISD Coronado Auditorium Reroof 34% 3/31/17 Reference Contact Name Inforniation (listinCy narnes indicate,, approval David Co ins to contacting the Name 11-ames individuals Jacob Kirkland Title/ Position Project Mana er Title/ Position Project Mana erg Organization Lee Lewis Construction Organization Teinert Commercial Telephone Telephone 806-744-2801 E-mail dqoqqin Oleelewis.corn E-mail iacob teinert.com Project Trini Church Project UMC Health Clinic Candidate role on Project Project Mana er Candidate role on Project Project Mana er F] IProposed Project Superintendent Organization Doing Business As Primary Candidate Name of Individual Tecta America -CS, LLC Jose MartineC Years of Experience as Project Superintendent 10 Years Years of Experience with this organization 6 Years Number of similar projects as Superintendent 20 Number of similar projects in other positions 12 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Coronado High Auditorium Reroof 34% 3/30/17 Frenship 9th Grade Center 33° 8/31117 Wayland Baptist 33% 6/30/17 Reference Contact Information(listing names indicates a roval to contactingthe names individuals as a reference Name Randy Ripple Name Tim Weems Title/ Position Superintendent Title/ Position Sr. Superintendent Organization Lee Lewis Construction Organization Lee Lewis Construction Telephone Telephone 806-797-8400 E-mail E-mail tweems@leeiewis.com Project Tnni hurch Project Upland Heights Ellementary Candidate role on Project Superintendent Alternate Candidate Name of Individual Candidate role on Project Superintendent Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Contact Name Inforniation nanies indicates (listingReference Name Title/ Position Title/ Position Organization Or anization Telephone Tele hone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Proposed Project Safety Officer Organization Doing Business As Name of Individual Tecta America -CS LLC Michael Pillow Years of Experience as Project Safety Officer 10 Years Years of Experience with this organization 5 Years Number of similar projects as Safety Officer 25 Number of similar projects in other positions 20 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date All Projects Reference Contact Information(listing names indicates a roval to contactingthe names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Name of Individual Candidate role on Project Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Cofitakt • • to cotitactiiig the Name riamcs individuals Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project H k IProposed Project Quality Control Manager Organization Doing Business As Primary Candidate Name of Individual Tecta America -CS, LLC Jason Weems Years of Experience as Quality Control Manager 20 Years of Experience with this organization 7 Number of similar projects as Quality Manager 50 Number of similar projects in other positions 25 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date See previous Reference Contact Information(listing names indicates ap val to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Alternate Candidate Name of Individual Candidate role on Project Jose Martine, -- Years of Experience as Quality Control Manager 10 Years of Experience with this organization 5 Number of similar projects as Quality Manager 40 Number of similar projects in other positions 18 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date See previous indicates Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Contractor's Project Experience and Resources Organization Doing Business As Tecta America CS LLC Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Partici ation Goal Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necess Equipment Item Primary Use on Project Own Will Lease Telescoping Forklift Material Handling X . • What work will the organization complete using its own resources? All roofing and sheet metal. What work does the organization propose to subcontract on thisproject? Light weight insulating concrete. 9 IContractor's Subcontractors and Vendors Organization Doing Business As Tecta America CS LLC • • o Provide a list of subcontractors that will provide more than 10 percent of the work(based on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm GL Nettles Lightweight Insulating Concrete 36% Provide information on the proposed key personnel, project experience and a description of past relationship and work experience for each subcontractor listed above using the Project Information Forms. Provide a list of major equipment proposed for use on this project. Attach Additional Information if necess Vendor Name Equipment / Material Provided Furnish Only Furnish and Install HUB/M WBE Firm 10 Attachment k Current Projects and Project Completed within the last 10 Years Project Owner I See Attached Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Persomnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager PrniPct Infnrmatinn Project Owner Project Name General Description of Project See attached 1101 Elm Budget History Schedule Performance Amount % of Bid Amount Date Days Bid Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Control Manager Name Percentage of Time Devoted to the Project Proposed for this Project Did Individual Start and Complete the Project? If not, who started or completed the project in their place. Reason for change. Reference Contact Information (Jisting names indic.ites approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Issues / DiSI)LItCs Resolved or Pending ResolUtion by Arbitration, Litigation Sure or Number of Issues Total Amount involved in Resolved I I Resolved Issues I Number of Issues Total Amount involved in I Pending Resolved Issues z City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, famish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. C0 Jason Weems Contr for (Origi al Signature) Contractor (Print) CONTRACTOR'S BUSINESS NAME: Tecta America CS LLC (Print or Type) CONTRACTOR'S FIRM ADDRESS: 5401 Acuff Road Lubbock, TX 79403 I� NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. RFP 17-13268-KM Roof Replacement at Southeast Water Reclamation Plant — Headworks Building SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government 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: 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. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror 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. e , In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) 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 X 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. /� ) U� Offeror's Initials QUESTION TWO Fi 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. r"I", 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. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK 0.56 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 misreprese ions or omissions may cause my proposal to be rejected. President Title i R SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits rion-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 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. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Tecta America CS LLC FEDERAL TAX ID or SOCIAL,B' MRITY Ny.. 84-1505685 Signature of Company Official: 11 Printed name of company official sig4iing above: Jason Weems Date Signed: March 9 2017 Page Intentionally Left Blank _ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. -_ 15. -16. Company Name GL Nettles PROPOSED LIST OF SUB -CONTRACTORS Location Services Provided Waller, TX LWIC Minority Owned Yes No ❑ A ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Tecta America CS LLC (PRINT NAME OF COMPANY) L_ RFP 17-13268-KM Roof Replacement at Southeast Water Reclamation Plant — Headworks Building Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Company Name G.L. Nettles FINAL LIST OF SUB -CONTRACTORS Location Waller. TX Minority Owned Services Provided Yes No LWIC ❑ Ex ❑ ❑ a ❑ ❑ ❑ a ❑ ❑ ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ ❑ a a ❑ ❑ SUBMITTED BY: Tecta America CS LLC (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 17-13268-KM Roof Replacement at Southeast Water Reclamation Plant — Headworlcs Building �h` Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank Bond No. K09552674 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) gim KNOW ALL, MEN BY THESE PRESENTS, that Tecta America CS LLC (hereinafter called the Principal(s), it as Principal(s), and Westchester Fire Insurance Co (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One hundred Nineteen Thousand and Three Hundred Dollars $119 300 lawful money of the 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 Nncipal'bas entered into a certain written contract with the Obligee, dated the 13th day of April, 2017, to RIP 17-13268-I M Roof Replacement at Southeast Water Reclamation Plant — Headworks Building. 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 arid made a part hereof as fully and to the same extent as if copied at length herein, . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; , PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 (s) and Surety (s) have signed and sealed this instrument this 20th day of April 2017. Westchester Fire Insurance Company 436 Walnut Street P.O. Box 1000, Philadelphia, PA 19106 Surety *By: OEM - (Title) Susan Lupski, Atto -In- act fl d Tecta America CS LLC 5401 Acuff Road Lubbock, TX 79403 (Company Name) (Title) No Text . e ' The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Texas Notice Attached an 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. Westchester Fire Insurance Company Sure4itle)us.n i * By upski, orney-In-Fact Approved as to form: City f bbock By. ity Attorney 1 ` * 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. A s 141 q- No Text State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. K09552674. In accordance with section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim of the named surety under this bond(s) should be sent to: Chubb Claims 436 Walnut Street, WAIOA Philadelphia, PA 19106-3703 (800) 357-4473 No Text COUNTY OF PHILADELPIUA ss. On this 18 day of November, AD. 2016 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Hatt y,Yice-President of the l�' tCTiSST)ER 'I1!ISURANCE CCiM1'ANY to ma p venally known to N the individual and officet who exe thopYecutting itlStrtltl ent, and he aclEtiowledged that he executed the sattne, and that the sealpflixed to the ptect ing' mstiument is the corpoe to Cp} of Said pomp that the said itorpora to seal and his'sigiratttre were duly affixed by the, ai[Yhority and direction'of the said corporoorv and that tee9tutioty adopted;lry the ward of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONX„ I, the under signed"Assistant Secretary of the WESTCMMER FIRE iNgiffUki which the foregoing is a substantially true and correct copy, is in full force and effect. above written. __ _. ,of f HIS t'OVVt~i2 (fF A'1`I ORNEY MAY Nit 1 B 1f 1 D'Ttf 1;XW C i1N ' BONDVE#IT#t AN iNCEP7 TON DATE AFTER A}iril 14 2Q18. r�t 9ENe1TIVE 8hF 6 T7bcuGard 3A8 cpntsfns a 8�urlty pantograph, $ltre backgrrrurrd, hBB sensitkre R{ coat reac?rve iNatarriiartr,. 401,Ooteftfinffnq on border. Ham* 0" No Text ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF NEW YORK COUNTY OF NASSAU On this April 20, 2017, before me personally came Susan Lupski to me known, who, being by me duly sworn, did depose and say; that he/she resides in Nassau County. State of New York, that he/she is the Attorney -In -Fact of the Westchester Fire Insurance Company the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued Westchester Fire Insurance Company (Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such Certificate has not been revoked. Pubblic JACQUELINE McNEIL Notary Public, State of New York No. 01 MC6156390 Qualified in Queens County Commission Expires November 27, 2018 No Text WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31, 2016 ADMITTED ASSETS BONDS $1,492,813,519 SHORT - TERM INVESTMENTS 34,890,369 STOCKS 450,903 REAL ESTATE 0 CASH ON HAND AND IN BANK 19,880,440 PREMIUM IN COURSE OF COLLECTION" 69,254,246 INTEREST ACCRUED 14,505,011 OTHER ASSETS 132,649,982 TOTAL ASSETS $1,764,444,470 LIABILITIES RESERVE FOR UNEARNED PREMIUMS $200,260,562 RESERVE FOR LOSSES 851,003,190 RESERVE FOR TAXES 16,081,016 FUNDS HELD UNDER REINSURANCE TREATIES 5,666,051 OTHER LIABILITIES (11412,992) TOTAL LIABILITIES 1,061,597,827 CAPITAL: 70,000 SHARES, $71.43 PAR VALUE 5,000,100 CAPITAL: PAID IN 304,543,059 AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 113,661,643 SURPLUS (UNASSIGNED) 279,641,841 SURPLUS TO POLICYHOLDERS 702,846,643 TOTAL $1,764,444,470 (*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2016, Sworn before me,this March 22, 2017 Se nor Vice President Notary Public i _)4 y� Zi l My ca mission expires COMMONIWEALT C= PENI.ISYLVANIA NOTARIAL SEAL Diane Wight, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug. 8,'2019 RVADWS, PENtWrLiMANIA ASSOCiAT{Oti OF NOTARIE$ No Text STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Tecta America CS LLC (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Nineteen Thousand and Three Hundred Dollars $119 300 lawful money of the 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 13th day of A ril 2017, to RFP 17-13268-I M Roof Replacement at Southeast Water Reclamation Plant — Headworks Buildinz 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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 (s) and Surety (s) have signed and sealed this instrument this _ day of 2017. Surety *By: (Title) 5& Ti(i' M (A (Company Name) By: JQcilk WdM (Prhjtqd Name) i (Signaore) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an 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. Surety * By: (Title) Approved as to form: City of Lubbock By: City 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. Ell PERFORMANCE BOND Pare Intentionally Left Blank I I IJ mom . . Bond No. K09552674 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021 a OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENT'S, that Tecta America CS LLC (hereinafter called the Principal(s), as Principal(s), and Westchester Fire Insurance Company hereinafter called the Suret s as Suret s are held and fire l bound unto the City of Lubbock hereinafter called the ( Y( )� Y( ), Y Y ( Obligee), in the amount of One Hundred Nineteen Thousand and Three Hundred Dollars $119 300 lawful money of the no United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, family by these presents. WHEREAS, the Principal, has entered into a certain written contract with the Obligee, dated the 13th day of April, 2017, to RFP 17-13268-101 Roof Replacement at Southeast Water Reclamation Plant — Headworks Building. 1 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, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 (s) and Surety (s) have signed and sealed this in1trument this 20th ` 2017. day of Aril ' Westchester Fire Insurance Com an 436 Walnut Street. P. h. Box 1000, l�hiladelphia, PA 19106 Surety By: /Lupski, Attrn In- act(itle)Susan T Ll 0 Tecta America CS LLC 5401 Acuff Road, Lubbock, TX 79403 (Company Name) By: (Title) Name) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Texas Notice Attached an 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. Westchester Fire Insurance Company Surety *By, itle) usan Lupski, rney-In-Fact Approved as to Form CitMityAttonieyy ck By:I * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing J 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. State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. K09552674. In accordance with section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim of the named surety under this bond(s) should be sent to: Chubb Claims 436 Walnut Street, WA10A Philadelphia, PA 19106-3703 (800) 357-4473 2016, WESTCMSTER nU )NSURANLE COWANX , Soepl�enl�l.t�Mre�,�t+RttePr�idmt , A% THIS POWER OF ATrO, X MAX TOT OF VSCD TO) OIJ) A14Y BONG Wi114 Ai t IlV E1'7 ION DATE Al TF April 1 A, 201 B. D PocuGard A4546Oontafirs ee�tograph, blue Wkgrvunrt h9a# Senslf ve tnk coin-rewum Carat ark and mkrrltaxtorindnd onbordak ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF NEW YORK COUNTY OF NASSAU On this April 20, 2017, before me personally came Susan Lupski to me known, who, being by me duly sworn, did depose and say; that he/she resides in Nassau County, State of New York, that he/she is the Attorney -In -Fact of the Westchester Fire Insurance Company the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued Westchester Fire Insurance Company (Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such Certifii Notary Public, State of New York No. 01 MC6156390 Qualified in Queens County Commission Expires November 27, 2018 WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT ADMITTED ASSETS BONDS SHORT - TERM INVESTMENTS STOCKS REAL ESTATE CASH ON HAND AND IN BANK PREMIUM IN COURSE OF COLLECTION` INTEREST ACCRUED OTHER ASSETS TOTAL ASSETS LIABILITIES RESERVE FOR UNEARNED PREMIUMS RESERVE FOR LOSSES RESERVE FOR TAXES FUNDS HELD UNDER REINSURANCE TREATIES OTHER LIABILITIES TOTAL LIABILITIES DECEMBER 31, 2016 $1,492,813,519 34,890,369 450,903 0 19,880,440 69,254,246 14,505,011 132,649,982 $1,764,444,470 $200,260,562 851,003,190 16,081,016 5,666,051 (11,412,992) 1,061,597,827 CAPITAL: 70,000 SHARES, $71.43 PAR VALUE 5,000,100 CAPITAL: PAID IN 304,543,059 AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 113,661,643 SURPLUS (UNASSIGNED) 279,641,841 SURPLUS TO POLICYHOLDERS 702,846,643 TOTAL $1,764,444,470 (*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2016. Sworn before mEPis March 22, 2017 Se nor Vice President r J Notary Public C& e;'aS - A Lc /- I My co mission expires Com?" 0NWEALTH OF PENNSYLVANIA NOTARIAL SEAL Diane Wright, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug. 8,'2019 11E 5i:. , P NNSAVANIA ASSOCIATION OF NOTAniES No Text STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Tecta America CS LLC (hereinafter called the Principal(s), as 41 Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Nineteen Thousand and Three Hundred Dollars $I1( 9,300) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, fumly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13th day of A ril, 2017, to RFP 17-13268-E M Roof Replacement at Southeast Water Reclamation Plant — Headworks Building. 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, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 (s) and Surety (s) have signed and sealed this instrument this day of )2017. :._;, Surety (Title) If& Amm (Company Name) (Title) r The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an 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. Surety *By: (Title) Approved as to Form City of Lubbock By: City 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. _r CERTIFICATE OF INSURANCE ' TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the farther hereinafter described. Exceptions to standard policy noted hereon. 1 _a TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDERS RISK 100% of the Total Contract Price $ MSTALLATIONFLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTTIER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) 1 By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. ff THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 1 i 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; f_ (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage -, showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and n (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both a_ 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: j 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 AN ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. THE ADDITIONAL INSURED ENDORSEMENTS SHALL INCLUDE PRODUCTS OF COMPLETED OPERATIONS. P ACC>R" CERTIFICATE OF LIABILITY INSURANCE 16. i 3/31/2018 DATE (MM/DD/YYYY) F4/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Lockton Insurance Brokers, LLC 725 S. Figueroa Street, 35th Fl. CA License #OF15767 Los Angeles CA 90017 CONTACT NAME: PHONE FAX Ext . A/C No E-MAILo ADDRESS: (213) 689-0065 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: St=LidernDity & Liability Company 38318 INSURED Tecta America CS LLC 1378672 5401 Acuff Road INSURER B : American Guarantee and Liab. Ins. Co. 26247 INSURER C : INSURER D : Lubbock TX 79403 INSURER E INSURER F : COVERAGES TECAM22 CERTIFICATE NUMBER: 14661951 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/Y LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 5x� OCCUR Y Y 1000025369171 3/31/2017 3/31/2018 EACH OCCURRENCE $ 2,00 000 DAMAGE TO REN PREMISES Ea occT u' o nceI $ 2,000,000 ME EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: RO- POLICY Fx_] JECT LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS��.� HIRED NON -OWNED AUTOS ONLY AUTOS ONLY y y SISIPCA08289417 3/31/2017 3/31/2018 (COaBINEDtSINGLE LIMIT $ 2,000,000 X BODILY INJURY (Per person) $ XX)(y,= BODILY INJURY (Per accident) $ PROPERIYDAMAGE Per accident $�� $ )00Cx= B UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y N SXS-9242436-05 3/31/2017 3/31/2018 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5 000 000 DED I I RETENTION $ $ XXXX= A A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? UN/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y S)) 1000001352 �ACOO 1000001662 S) 1000002637&MA) 100 0002635 (WI) 3/31/2017 3/31/2017 3/31/2017 3/31/2017 3/31/2018 3/31/2018ANY 3/31/2018 3/31/2018 PER OTH- X STATUTE ER E.L. EACH ACCIDENT _ $ 1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: City of Lubbock is an Additional Insured(s) as per the attached endorsement or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. Waiver of subrogation applies as per the attached endorsements or policy language. CERTIFICATE HOLDER CANCELLATION See Attachments 14661951 City of Lubbock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Street Room 204 1625 13th St THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. let Lubbock AUTHORIZED REPR ©1f88-201rACCftD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1000025369171 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by a written contract Location(s) Of Covered Operations: Where required by a written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) designated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work including materials parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 Attachment Code: D494719 Certificate ID: 14661951 POLICY NUMBER: 1000025369171 COMMERCIAL. GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or `your work" done under a contract with that person or organization and included in the "products -completed operations hazard' This waiver applies only to the person or organization shown in the Schedule above. CG24040509 © Insurance Services Office, Inc., 2008 Page 1 of 1 Attachment Code: D494730 Certificate ID: 14661951 Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non -Contributory Condition Policy #: 1000025369171 Effective Date: 3/31/2017 Named Insured: TECTA AMERICA CORP. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV — CONDITIONS, condition 4. Other Insurance is amended as follows: 1. The following is added to paragraph 4.a, of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY & LIABILITY COMPANY OG 107 (04/11) Page 1 of 1 Copyright© C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Attachment Code: D495199 Certificate ID: 14661951 POLICY NUMBER: SISIPCA08289417 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 3/31/2017 Named Insured: Tecta America Corp. SCHEDULE Name of Person(s) or Organization(s): Where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 Page 1of 1 Attachment Code: D494732 Certificate ID: 14661951 POLICY NUMBER:SISIPCA08289417 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Tecta America Corp. Endorsement Effective Date: 3/31/2017 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc. 2009 Page 1 of 1 Attachment Code: D494731 Certificate ID: 14661951 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 A (Ed. 1-00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium The premium charge for this endorsement shall be 2% of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: See Extension Page This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 3/31/2017 INSURED: Tecta America Corp. WC420304A (Ed. 1-00) Policy No.: 1000001662 (AOS) Endorsement No. Premium $ Page 1 of 1 Attachment Code: D495805 Certificate ID: 14661951 REQUIRED WORKERS' COMPENSATION COVERAGE 4 "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 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 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 proj ect; (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage 3 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: (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; (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 (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 (G) 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. Page Intentionally Left Blank CONTRACT Page Intentionally Left Blank Contract 13268 ` p STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of April, 2017 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 Tecta America CS LLC 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: RFP 17-13268-KM Roof Replacement at Southeast Water Reclamation Plant — Headworks Building 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. Tecta America CS LLC's proposal dated March 9, 2017 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. 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. CONTRACTOR: Tecta America CS LLC By: nil E�Ey N 17 ITL _, COMPLETE ADDRESS: i Company Tecta America CS LLC Address 5401 Acuff Road City, State, Zip Lubbock TX 79403 ATTEST: Corporate Secretary 1 r CITY OF LUBBOft/."— S (OWNER): By: Daniel M. Pope, Mayor ATTEST: Reb cca Garza, City S—ecretaiv APPROVED AS TO CONTE (-V �� Representative for Facilities Management ROVED=TOFORM: I &-o elli Leisure, Assistant City Attorney 1 Page Intentionally Left Blank CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 t.: Page Intentionally Left Blank I CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 84t' Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor ' ' meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 7tb business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual business or agent who is subject to the law's filing p p Y � g J g requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 Lubbock, TX 79401 Questionnaire is available at http://www.ci.lubbock.tx.us/departmental- websites/departments/purchasing/vendor-information CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, notarizing and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. u' Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: https://www.ethics.state.tx.us/whatsnew/elf info f6rml295.htm Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Paae Intentionally Left Blank t GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, person, co- partnership or corporation, to with Tecta America CS LLC, who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not directly w c 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". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 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 RESPONSIBILTTIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents 1 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. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. 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 ten 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 The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work i _1 s=, 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 (as distinguished from Resident Project Representative(s))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, detennine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall detennine 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 distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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. c 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. t_, ;i 17 18 19 20 21. 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. 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. 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 5 Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. 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. 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 bome 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 fall accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 1 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. ,e b, 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation 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 to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; 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, as estimated by the Engineer and approved by the Owner.. 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 t " 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. ' �_i f' 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 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 seven () calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. r-- 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 r Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to 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 Engineer 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 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 AN ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. THE ADDITIONAL INSURED ENDORSEMENTS SHALL INCLUDE PRODUCTS OF COMPLETED OPERATIONS. A. Commercial 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 y Contractual Liability Personal Injury & Advertising Injury i B. Owner's and Contractor's Protective Liability Insurance. — NOT REQUIRED` C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000.,000 Combined Single Limit per occurrence, to include all owned i _ and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. t_ �n D. Builder's Risk Insurance/Installation Floater Insurance. - NOT REQUIRED . ri 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 $1,000,000. Def.nitions: 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 Vill I the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, 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. I r" 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 01, report lack of coverage. 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 rl 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 g . 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;y (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 theproject; () g, p p g� g and 17 (2) a new certificate of coverage showing extension of coverage, prior to the end of t- the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; i (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 T' 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 1 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. F. 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 (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' COMPENSATIONCOVERAGE "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 800-372-7713 or 512-804- 4000 (www tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate * of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; l (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. t 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 Engineer 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. 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 l_ i, Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, 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 Engineer 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 proposing 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 1 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 Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $250.00 (Two Hundred and Fifty Dollars) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 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 (as distinguished from the Resident Project 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 within 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 i. where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their 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, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 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 Engineer, 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. 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. 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. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. 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 but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. 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 -3 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: 1 (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, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. 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. r, In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may 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 available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. r-., 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 a Surety Company listed on the State Treasury's "Approved" list and 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 i i 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._ l 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. 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 Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the. City shall not be obligated under this contract beyond the date of termination. 7F 2 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. HOUSE BILL 2015 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual 60. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: http://www. ci.lubbock.tx.us/departmental-websites/departments/purchasinWvendor-information 61. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 1 DAVIS-BACON WAGE DETERMINATIONS Page Intentionally Left Blank I I EXHIBIT A (' General Decision Number: TX170334 01/06/2017 TX334 Superseded General Decision Number: TX20160334 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER ......................$ 23.14 21.55 ---------------------------------- ------------------------------ CARP0665-001 05/01/2014 Rates Fringes CARPENTER ........................$ 20.81 6.76 ---------------------------------- ------------------------------ ELEC0602-008 09/01/2016 Rates Fringes ELECTRICIAN ......................$ 21.31 3%+9.05 ---------------------------------- ------------------------------ ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane .............$ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under ..............$ 27.50 10.60 ---------------------------------- ------------------------------ IRON0084-011 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 23.02 6.35 ---------------------------------- ------------------------------ IRON0263-003 06/01/2015 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 23.00 6.55 ---------------------------------- ------------------------------ * PLUM0404-001 07/01/2016 Rates Fringes PLUMBER ..........................$ 25.91 9.40 ---------------------------------- ------------------------------ SHEE0049-001 06/01/2015 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only) ...............$ 22.93 11.33 ---------------------------------- ----------------=------------- SUTX2014-060 07/21/2014 Rates Fringes BRICKLAYER .......................$ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER...$ 19.60 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 0.00 LABORER: Common or General......$ 12.35 0.00 LABORER: Mason Tender - Brick...$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 0.00 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff...........$ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 14.25 0..00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 13.93 0.00 OPERATOR: Bulldozer .............$ 18.29 1.31 OPERATOR: Drill .................$ 16.22 0.34 OPERATOR: Forklift ..............$ 14.83 0.00 OPERATOR: Grader/Blade..........$ 13.37 0.00 OPERATOR: Loader ................$ 13.55 0.94 OPERATOR: Mechanic ..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 0.00 OPERATOR: Roller ................$ 12.70 0.00 PAINTER (Brush, Roller, and Spray) .................. .......$ 14.27 0.00 ROOFER ...........................$ 13.75 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation ............ $ 21.13 6.53 TILE FINISHER ....................$ 11.22 0.00 _.. TILE SETTER ......................$ 14.00 2.01 TRUCK DRIVER: Dump Truck ........ $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck ....... $ 12.00 4.11 ,._; ------------------------ ---------- ------------------------------ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, _- Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). f' Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and Union Rate Identifiers non -union rates. Example: SULA2012-007 5/13/2014. SU s A four letter classification indicates abbreviation identifier enclosed the rates are survey rates based in dotted lines beginning with on a weighted average characters other than "SU" or calculation of rates and are not "UAVG" denotes that the union majority rates. LA indicates classification and rate were the State of Louisiana. 2012 is prevailing for that classification the year of survey on which in the survey. Example: these classifications and rates PLUM0198-005 07/01/2014. PLUM is are based. The next number, 007 an abbreviation identifier of in the example, is an internal the union which prevailed in the number used in producing the survey for this wage determination. 5/13/2014 classification, which in this indicates the survey completion example would be Plumbers. 0198 date for the classifications and indicates the local union number rates under that identifier. or district council number where applicable, i.e., Plumbers Survey wage rates are not updated Local 0198. The next number, and remain in effect until a 005 in the example, is an internal new survey is conducted. number used in processing t the wage determination. 07/01/2014 Union Average Rate Identifiers _ is the effective date of the most current negotiated rate, Classification(s) listed under thei which in this example is July 1, UAVG identifier indicate__ 2014. that no single majority rate prevailed for those Union prevailing wage rates are classifications; however, 1000 of updated to reflect all rate the data reported for the changes in the collective classifications was union data. bargaining agreement (CBA) EXAMPLE: UAVG-OH-0010 governing 08/29/2014. UAVG indicates that this classification and rate. the rate is a weighted union F� average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current enegotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour ` Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part.7). Write to: Wage and Hour Administrator U.S. Department of Labor Avenue, N.W. 200 Constitution Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Board Administrative Review U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. M END OF GENERAL DECISION M:4: t is -� Prevailing Wage. Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. i Page Intentionally Left Blank 1 SPECIFICATIONS Project Manual for ROOF REPLACEMENT PROJECT cn W 7802 82"a Street, Suite 14 Lubbock, Texas 79424 Tel 806.833.6953 Fax 806.833.8539 January 16, 2017 Project Number 2017 0116-48 Set Number ROOF REPLACEMENT PROJECT HEADWORK FACILITY SOUTH EAST WATER RECLAMATION PLANT CITY OF LUBBOCK LUBBOCK, TEXAS ARMKO INDUSTRIES, INC. LUBBOCK, TEXAS January 16, 2017 TABLE OF CONTENTS DIVISION 01 GENERAL 100 General Requirements 322 Photographic Documentation 330 Submittals and Substitutions DIVISION 02 SITE CONSTRUCTION DIVISION 03 CONCRETE 520 Lightweight Insulating Concrete DIVISION 04 MASONRY DIVISION 06 CARPENTRY 105 Miscellaneous Carpentry DIVISION 07 THERMAL AND MOISTURE PROTECTION 535 Fully Adhered Multi -ply Roof System 591 Membrane Reroofing Preparation 620 Sheet Metal and Miscellaneous Accessories 720 Roof Accessories 920 Sealants DIVISION 08 DOORS & WINDOWS DIVISIONS 09 thru 14 DIVISION 15 PLUMBING 150 Sanitary Waste and Vent Specialties Armko Industries, Inc. Texas Registered Engineering Firm F-006498 1 thru 7 1 thru 2 1 thru 6 Not Used 1 thru 4 Not Used 1 thru 4 1 thru 16 1 thru 6 1 thru 7 1 thru 4 1 thru 5 Not Used Not Used 1 thru 3 SECTION 01100 GENERAL REQUIREMENTS 1.01 DESCRIPTION OF WORK A. It is the intent of the specification that the new work will provide a watertight facility. The attached specifications describe the minimum acceptable standards of construction and finish. B. SOUTHEAST WATER RECLAMATION PLANT — HEADWORK FACILITY 1. Work shall include removal of the existing roof membrane, insulation and penetrations noted on drawings. Plug and seal existing roof drains as specified, and install new roof hatch as noted on drawings. Install new tapered cellular lightweight deck as specified. Mechanically fasten specified base sheet as per ASCE 7 criteria. Fully adhere specified SBS modified base sheet, and fully adhere one ply of Thermoplastic Elvaloy® Fleeceback Membrane as specified. Raise all mechanical equipment and service lines to eight inch (8") minimum height above finished roof surface. Provide a twenty (20) year NDL manufacturer's warranty with no exclusion for up to two inch (2") diameter hail events, and a two (2) year contractor's warranty. Work shall also include all HVAC and electrical, piping disconnect and reconnection. Installation shall be as per NRCA, SMACNA, ANSI/SPRI, specifications, details and manufacturer's guidelines. 2. Work shall include removal of existing sealant at all masonry control joints, masonry to metal joints around doors and penetrations on exterior wall elevations as described in the project specifications. Contractor shall install all specified sealant and required accessories as per the project specifications. Contractor shall provide Owner with a five (5) year labor and materials warranty and a five (5) year manufacturer's material warranty. 1.02 CHANGES A. Changes to specifications and drawings will not be acceptable unless approved in writing by the Owner/Owner's Representative. 1.03 INSPECTION A. An inspection shall be made by a representative of the material manufacturer of the completed project to ensure that said project was installed in accordance with the manufacturer's specifications and illustrated details. Upon this approval of the project, the specified warranty or warranties shall be written. 1.04 INDEMNIFICATION - A. Successful proposer shall defend, indemnify and save harmless Owner and Owner's Representative and all of its officers, agents and employees from all suits, actions, or ` other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property arising out of the award of the contract or on account of any negligent act or fault of the successful proposer, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any Contractor which may result from Proposal and shall pay any judgment costs which may be obtained against Owner and Owner's Representative growing out of such injury or damages. GENERAL REQUIREMENTS 01100 - 1 g_ 1.05 QUALITY ASSURANCE i A. All work and materials hereinafter specified shall be best of kind described and, unless specified otherwise, shall be new and of best quality. The specified roofing system shall have been used successfully in the United States for a minimum of ten (10) years. B. All materials will be securely fastened in place in a watertight, neat and workmanlike manner. All workmen shall be thoroughly experienced in the particular class of work upon which employed. All work shall be done in accordance with these specifications and shall meet the approval in the field of the Owner's representative. Contractor's representative and/or job supervisor shall have a complete copy of specifications and drawings on job site at all times. C. Contractor shall plan and conduct the operations of the work so that each section started on one day is complete, details installed and thoroughly protected before the close of work for that day. D. Where any material is specified by proprietary name, trade name, name of manufacturer, generic name, or catalog number with the addition of such expressions as "equivalent as determined by Owner's Representative", it is understood that the material named is intended and no substitution will be allowed without written approval by the Owner's representative. E. Should a specified material not be available, a substitution shall require approval (in writing) of the Owner's representative and the roof system manufacturer issuing the warranty before being utilized on this project. F. Unless otherwise indicated, the materials to be used in this specification are those specified and denote the type, quality, performance, etc. required. All proposals shall be based upon the use of specified material. G. A Contractor who proposes to quote on the basis of an "equivalent as determined by Owner's Representative" alternate material or system shall submit to the Owner's representative the following information, at least ten (10) calendar days prior to scheduled proposal opening. Only one request for substitution will be considered for each material or system. When substitution is not accepted, specified product or system shall be used. 1. A five (5) gallon sample of any adhesive, coating, mastic, or sealant and a three foot by five foot (3' x 5') sample of any sheeting or rolled goods as may be specified. 2. A certificate from an accredited testing laboratory comparing the physical and performance attributes of the proposed material with those of the specified materials. 3. A list of at least three (3) local jobs where the proposed alternate material was used under similar conditions and written documentation showing successful installation in the United States of similar size and scope for a minimum of ten (10) years. These jobs must be available for inspection by the Owner's representative. 4. In the event a substitution is acceptable by the Owner, all contractors shall be notified of the acceptable alternate within five (5) calendar days prior to proposal opening by Addenda. GENERAL REQUIREMENTS 01100 - 2 5. During the course of work, the Owner's representative may secure from the containers at the job site, samples of the materials being used and submit the samples to an independent testing laboratory for comparison. If the results of the independent testing laboratory prove that the materials are not comparable and equal to the specified materials, the Contractor shall pay for the testing and the Owner reserves the right to reduce the amount of the proposal by twenty percent (20%) if all work has already been completed before the test results become known. If the contract work is not completed when the test results become known, the Owner shall impose a penalty in proportion to the amount of work already completed, and all remaining work shall be completed with the specified materials. H. Application of materials shall be in strict accordance with the manufacturer's recommendations. In the instance of a conflict between these specifications and those of the manufacturer, the most stringent shall take precedence. Roofing system manufacturer shall have approval for and shall meet Underwriter's Laboratory fire rating Class A. 1.06 PRE -CONSTRUCTION CONFERENCE A. A conference shall be scheduled by the Owner's representative and conducted at the work site prior to start of work. The Contractor's project supervisor or foreman and the Owner's representative shall attend. Job schedule, submittals, existing conditions, and specifications shall be reviewed and any questions arising shall be resolved to the satisfaction of all parties prior to start of work. Contractor shall begin work within five (5) calendar days following Owner's signing of contract and/or issuance of the written notice to proceed with work, weather permitting. 1.07 SUBMITTALS A. Upon receipt of Notice of Acceptance of this proposal, the Contractor shall submit the following items. All submittals shall be submitted to the Owner/Owner's representative within ten (10) calendar days of the date on the Notice of Acceptance and prior to the award of contract. 1. Contractor's executed insurance certificate. 2. Material manufacturer's approval/acceptance of the specifications and details as written or noted for this project, fastener pattern layout, insulation, fasteners and all related materials. 3. Contractor's executed payment and performance bonds as required. 4. Shop drawings of all perimeter, penetration and projection details, and sheet metal details approved by manufacturer, for Owner's approval if proposed details differ from those included with this proposal package. These drawings shall be approved by the membrane manufacturer and submitted at the preconstruction conference for Owner review and approval prior to work start. 5. Approved applicator must submit a roof drawing which will be employed in the project if proposed drawing differs from that included with this proposal package. 6. Shop Drawings and Product Data: a) Manufacturer's Details: All termination details and other details normally required by the membrane manufacturer's Technical Specifications, including both standard details and special details, shall be furnished by the Contractor and shall be approved in writing by the manufacturer, the company project manager, and the Owner's representative prior to final installation. b) Minimum drawing size shall be eight and one-half inches by eleven inches (8-1 /2" x 11 GENERAL REQUIREMENTS 01100 - 3 c) Submit sufficient copies of manufacturer's descriptive data including catalog sheets for materials, equipment and fixtures, showing dimensions, performance characteristics and capacities, diagrams and controls, schedules, and other pertinent information required. d) Submit brochures and other submittal data that cannot be reproduced economically, in such quantities to allow the Owner to retain four copies of each after review. Mark product data to show the name of project, Owner, Contractor, originating Subcontractor, manufacturer or supplier, and separate details if pertinent. e) Product data shall completely identify specification sections and locations at which materials or equipment are to be installed. f) Accompany each submittal with a separate transmittal letter in duplicate, containing date, project title and number, Contractor's name and address, number of each shop drawing, product data and samples submitted, and notification of deviations from Contract Documents. 7. Detailed project sequencing, staging, material loading, manpower plans, and detailed project construction schedule for approval. 8. Sample of warranty that is to be issued upon project completion. JF 9. Submit list of all mechanical, electrical, rigging, sheet metal, and other Subcontractors with evidence of Subcontractor's insurance coverage in compliance with contract requirements. 10. Contractor shall submit written statement that their company or any Subcontractor 3 they may use is not employing workers classified as undocumented workers on this project. 11. Samples of all materials not supplied or prior approved by the roofing membrane manufacturer shall be submitted to the manufacturer for written approval prior to installation start. 1.08 USE OF PREMISES A. The Contractor is advised that the Owner will occupy the building at all times, and the Contractor must provide all safeguards required to protect personnel and to keep noise levels as low as reasonably possible for each operation. B. The Contractor shall: 1. Coordinate work in such a manner as to not interfere with the normal operation of the building. 2. Assume full responsibility for protection and safekeeping of products stored on premises. 3. Agree to hold the Owner harmless in any and all liability of every nature and description that may be suffered through bodily injuries, including death of any persons by reason of negligence of the Contractor, agents, employees, or Subcontractors. 4. The Contractor and all Subcontractors shall take all necessary precautions to prevent the use of alcoholic beverages on the Owner's premises. 1.09 SAFETY A. The contractor and all Subcontractors shall take all necessary precautions to keep the premises free of fire and safety hazards. The contractor shall prevent all agents, employees, licensees and invitees of the contractor from smoking on the Owner's premises and from operating or using any flame, spark or explosion hazard producing devices anywhere on or about the premises without the written approval of the Owner's representative. i I ;J GENERAL REQUIREMENTS 01100 - 4 1.10 INSPECTION OF WORK IN PROGRESS A. The Owner's representative will require the material manufacturer's representative to periodically examine the work in progress, as well as on completion, in order to assist in ascertaining the extent the materials and labor procedures conform to the requirements of the specifications. B. The authorized material manufacturer's field representative shall be responsible for: 1. Keeping the Owner's representative informed after periodic inspections as to the progress and quality of the work observed. 2. Calling to the attention of the Contractor those matters observed which are considered to be in violation of the contract requirements. 3. Reporting to the Owner's representative, in writing, any failure or refusal of the Contractor to correct unacceptable practices called to his attention. 4. Confirming, after completion of the work and based on his observation and test, that he has observed no application procedures in conflict with these specifications. Final payment will not be released until all specified warranties have been received by the Owner. 1.11 FIELD INSPECTION AND CONTRACTOR RESPONSIBILITY A. The Owner's representative shall at all times have access to the job site and work areas. The Contractor will provide proper and safe facilities for such access and inspection. B. Any time during the course of the project, an inspection may be deemed necessary by the Owner/Owner's representative to have one or all of the following members of the Contractor's organization present in person to inspect the work along with the Owner/Owner's representative: Owner, a Majority Stockholder, President and/or Chief Executive Officer of the contracting firm. C. The Owner/Owner's representative, if deemed necessary, will notify in writing who in the Contractor's organization they want to inspect the work on the roof in addition to the Contractor's normal inspection. If the designated person or persons requested by the Owner/Owner's representative fails to respond within forty-eight (48) hours to the request, the work may be suspended, payment withheld and/or liquidated damages outlined in the specifications assessed until such time the individual(s) inspect(s) the work with the Owner/Owner's representative. D. Neither the presence nor absence of the Owner's representative nor the manufacturer's representative, nor an inspection by the manufacturer of the work or operation of the Contractor, nor any failure by the manufacturer to detect, pinpoint, or object to any defect in the work completed, nor any deviation from these specifications, nor the acceptance by the manufacturer of any such defect or the approval of the manufacturer of any- such deviation shall relieve the Contractor, or reduce, or in any way limit or divide, his full responsibility for the full performance of the work required of him under these specifications. E. It shall be understood that such field inspection as the Owner's representative may cause to be performed by the material manufacturer will be performed by the material manufacturer solely for the benefit of the Owner and in an attempt to assist with the requirements of this specification. These requirements bind the Contractor even without such inspection. GENERAL REQUIREMENTS 01100-5 F. No inspection or any act or omission of either the Owner's representative or the manufacturer's representative in connection with such inspection shall prejudice the Owner's right to strict conformance, or under any circumstances be construed to excuse or mitigate any mistake or non-conformance by the Contractor. 1.12 ON -SITE SUPERVISION A. The Contractor is responsible for the management and control of the work. He shall give his personal superintendence of the work or have a competent resident manager or superintendent satisfactory to the Owner on the job site at all times while work is in progress, with full authority to act for the Contractor as his agent. 1.13 ROOFTOP EQUIPMENT A. All air conditioning units and other rooftop equipment shall be moved by the roofing Contractor as required to install roofing materials complete and in accordance with the plans and specifications. When units or equipment are to be moved, they shall be disconnected and moved by the roofing Contractor to a protected area so as not to damage any part or component thereof, and shall be reset by the roofing Contractor and reconnected at the Contractor's expense, all according to local building codes. All disconnection and reconnection shall be performed by a mechanical and/or electrical company licensed to perform such work and approved by the Owner's representative. B. Contractor shall follow refrigerant recycling requirements as outlined in section 608 of the Clean Air Act, 1990, as amended (CAA), including final regulations published on May 14, 1993 (58 FR 28660), and the prohibition on venting that became effective on July 1, 1992. C. Where mechanical items, conduits, cables, raceways, piping or any other roof -top mounted item must be moved in any manner, or disconnected and reconnected as made necessary by the reroofing of the specified areas at the facility, all roof -top equipment, piping, insulation, wires, fiber optic cable, any information systems components, conduits, panels, motor starters, raceways, switches, antennas, satellite components, etc. shall be replaced or renewed to match existing if damaged by Contractor. NOTE: It is the responsibility of the Contractor to review the condition of any and all of the above noted, or similar, items with authorized Owner personnel to determine condition of said items PRIOR TO START OF WORK. If this review is not completed as prescribed, any and all damage found at the end of the work will be repaired solely at the contractor's expense. D. Any action by roofing contractor personnel which causes interruption of the ongoing works of the Owner's facility will be repaired at the sole expense of the roofing contractor. Upon interruption of the Owner's ability to meet required tasks, Owner may immediately, and without the contractor's permission, take such action as necessary to repair said damage so that the Owner's work may be resumed. The Owner has the obligation to notify the contractor of such action as soon as possible, but in all cases must notify the contractor in writing within 48 hours of the occurrence of the incident. 1.14 FINAL INSPECTION A. Upon job completion, a final inspection will be made by Owner's representative. Final payment will not be authorized for the work done until such inspection has been made and all work is found to have been performed in accordance with the specifications and to the satisfaction of the building Owner, and the specified warranties are issued. 0 GENERAL REQUIREMENTS 01100 - 6 B. The Contractor shall promptly remove any work that does not meet the requirements of n the plans and specifications or is incorrectly installed or otherwise disapproved by the Owner as failing to meet with the plans and specifications. The Contractor shall promptly replace any such work without expense to the Owner and shall bear the cost of making good all work of other contractors or the Owner, destroyed or damaged by such removal or replacement. 1.15 DEMOLITION A. All abandoned pitch pans, equipment, vents, curbs, and other such debris shall be removed by the Contractor. Abandoned items that require deck placement shall be marked by the Owner prior to proposal due date and/or the commencement of work. Contractor shall install new decking of like dimensions to provide a suitable substrate in areas where penetrations through the deck are removed. 1.16 CREWS AND EQUIPMENT A. Contractor shall provide sufficient crews and equipment so that the project may progress without interruption or unnecessary delay. 1.17 FUTURE REPAIRS A. Contractor certifies by acceptance of this project that any future repairs or alterations he might be called upon to execute after the project is complete, will be performed in accordance with the manufacturer's recommended procedures so as to not void the warranty. 1.18 NAILERS AND ROOF DECK A. Contractor shall notify the Owner's representative of unforeseen areas of damaged decking, wet insulation or deteriorated nailers. Where the damage is serious and extensive, it will be the Owner's prerogative to authorize removal and replacement. B. Any areas of unusual deck deflection noticed by the Contractor during the course of the job that will cause an area of ponding water should be brought to the attention of the Owner's representative by the Contractor. C. The Contractor shall furnish the Owner with a unit price for removal and replacement of the damaged decking, wet insulation or deteriorated nailers. All nailers required for the new roofing application shall be provided by the roofing Contractor, and included in the proposal amount. Unit cost for nailers applies only to existing deteriorated nailers. if lumber is required to make "flush" interior parapet wall, cost shall be included in Base Proposal. 1.19 CONTRACT DOCUMENTS A. In the event of a conflict between the reroofing specifications and the Owner's contract documents, the Owner's contract documents shall take precedence. END OF SECTION 01100 GENERAL REQUIREMENTS 01100 - 7 r= t' SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1-GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes administrative and procedural requirements for the following: 1. Preconstruction photographs. 1.03 SUBMITTALS A. Key Plan: Submit key plan of Project site and building with notation of vantage points marked for location and direction of each photograph. B. Construction Photographs: Submit three (3) prints of each photographic view within seven (7) days of taking photographs. 1. Digital Images: Submit a complete set of digital image electronic files on CD-ROM. Identify electronic media with date photographs were taken. Submit images that have same aspect ratio as the sensor, uncropped. PART 2 - PRODUCTS 2.01 PHOTOGRAPHIC MEDIA A. Digital Images: Provide images in uncompressed JPEG format, produced by a digital camera with minimum sensor size of 4.0 megapixels, and at an image resolution of not less than 1600 by 1200 pixels. PART 3 - EXECUTION 3.01 CONSTRUCTION PHOTOGRAPHS A. General: Take photographs using the maximum range of depth of field, and that are in focus, to clearly show the Work. Photographs with blurry or out -of -focus areas will not be accepted. 1. Maintain key plan with each set of construction photographs that identifies each photographic location. B. Digital Images: Submit digital images exactly as originally recorded in the digital camera, without alteration, manipulation, editing, or modifications using image -editing software. 1. Date and Time: Include date and time in filename for each image. PHOTOGRAPHIC DOCUMENTATION 01322 - 1 C. Preconstruction Photographs: Before starting construction, take digital photographs of Project site and surrounding properties, including existing items to remain during construction, from different vantage points, as directed by Architect & Construction Manager. 1. Take eight (8) photographs to show existing conditions adjacent to property before starting the Work. 2. Take eight (8) photographs of existing buildings either on or adjoining property to accurately record physical conditions at start of construction. 3. Take additional photographs as required to record settlement or cracking of adjacent structures, pavements, and improvements. END OF SECTION 01322 PHOTOGRAPHIC DOCUMENTATION 01322 - 2 SECTION 01330 SUBMITTALS and SUBSTITUTIONS PART 1 — GENERAL 1.01 DESCRIPTION A. Work includes: Make submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements. 1. Throughout the Work, seal and caulk joints where shown on the Drawings and/or as required by the Architect/Project Manager to provide and maintain watertight and airtight continuous seals. 1.02 QUALITY ASSURANCE A. Coordination of submittals: 1. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted. 2. Verify that each item and the submittal for it conform in all respects with the specified requirements. 3. By affixing the Contractor's signature to each submittal, certify that this coordination has been performed. B. Substitutions 1. The contract is based on the standards of quality established in the Contract Documents. Substitutions will be considered only when listed at time of bidding, on the form provided in the bidding documents, and when substantiated by the Contractor's submittal of required data within 35 calendar days after award of the Contract. 2. The following products do not require further approval except for interface within the work: a. Products specified by reference to standard specifications such as ASTM and similar standards. b. Products specified by manufacturer's name and catalog model number. 3. Where any material is specified by proprietary name, trade name, name of manufacturer, generic name, or catalog number with the addition of such expressions as "or equal"/"or approved equal", it is understood that the material named is intended and no substitution will be allowed without written approval by the Owner's representative three (3) calendar days prior to proposal due date. 4. Should a specified material not be available, a substitution shall require approval (in writing) of the Owner's representative and the roof system manufacturer issuing the warranty before being utilized on this project. 5. Unless otherwise indicated, the materials to be used in this specification are those specified and denote the type, quality, performance, etc. required. All proposals shall be based upon the use of specified material. 6. Do not substitute materials, equipment, or methods unless substitution has been specifically approved in writing for this work by the Architect/Project Manager. SUBMITTALS AND SUBSTITUTIONS 01330 - 1 C. "Or equal" { ; 1. Where the phrase "or equal", or "or equal as approved by the Architect", occurs in the Contract Documents, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for this work by the Architect/Project Manager. 2. A Contractor who proposes to quote on the basis of an "or equal" P'or approved equal" alternate material or system shall submit to the Owner's representative the P, following information, at least five (5) calendar days prior to scheduled proposal opening. Only one request for substitution will be considered for each material or system. When substitution is not accepted, specified product or system shall be [ used. a) A five (5) gallon sample of any adhesive, coating, mastic, or sealant and a three foot by five foot (3' x 5') sample of any sheeting or rolled goods as may be specified. b) A certificate from an accredited testing laboratory comparing the physical and performance attributes of the proposed material with those of the specified materials. .µ c) A list of at least three (3) local jobs where the proposed alternate material was used under similar conditions and written documentation showing successful installation in the United States of similar size and scope for a minimum of ten Y (10) years. These jobs must be available for inspection by the Owner's { representative. d) In the event a substitution is acceptable by the Owner, all contractors shall be notified of the acceptable alternate within three (3) calendar days prior to proposal opening. e) During the course of work, the Owner's representative may secure from the containers at the job site, samples of the materials being used and submit the samples to an independent testing laboratory for comparison. If the results of the independent testing laboratory prove that the materials are not comparable and equal to the specified materials, the Contractor shall pay for the testing and the Owner reserves the right to reduce the amount of the proposal by twenty percent (20%) if all work has already been completed before the test results become known. If the contract work is not completed when the test results become known, the Owner shall impose a penalty in proportion to the amount of work already completed, and all remaining work shall be completed with the specified materials. D. Procedure for Use of Substitution Request Form 1. Substitution request including all required documentation must be delivered to the Owner's Representative's office no later than the date indicated in the specifications. Requests submitted late will not be considered. 2. The Individual or Firm requesting a substitution must document that the requested substitution is equal or superior to the specified product. Failure to provide clear, accurate, and adequate documentation will be grounds for rejection. 3. Required documentation shall consist of applicable information which would aid the Architect in making an informed decision. Include side by side product comparisons, technical data, laboratory test results, product drawings, etc. 4. If use of the proposed product would result in changes to the design of the building, the submittal shall describe fully the changes required to the drawings or specifications. Any cost differences resulting from modifications to the drawings and specifications and the cost of making the changes shall be borne by the Product Supplier. SUBMITTALS AND SUBSTITUTIONS 01330 - 2 1 t 5. No product will be considered "as equal" to the product specified until it has been included as an allowable substitution, in a written Addendum to the project. 1.03 SUBMITTALS A. Make submittals of Shop drawings, samples, Substitution Requests, and other items in accordance with the provisions of this section. B. Upon receipt of Notice of Acceptance of this proposal, the Contractor shall submit the following items. All submittals shall be submitted to the Owner/Owner's representative within ten (10) calendar days of the date on the Notice of Acceptance and prior to the award of contract. 1. Contractor's executed insurance certificate. 2. Material manufacturer's approval/acceptance of the specifications and details as written or noted for this project, fastener pattern layout, insulation, fasteners and all related materials. 3. Contractor's executed payment and performance bonds as required. 4. Shop drawings of all perimeter and projection details, and sheet metal details approved by manufacturer, for Owner's approval if proposed details differ from those included with this proposal package. These drawings shall be approved by the membrane manufacturer and submitted at the preconstruction conference for Owner review and approval prior to work start. 5. Approved applicator must submit a roof drawing which will be employed in the project if proposed drawing differs from that included with this proposal package. 6. Detailed project sequencing, staging, material loading, manpower plans, and detailed project construction schedule for approval. 7. Sample of warranty that is to be issued upon project completion. 8. Submit list of all mechanical, electrical, rigging, sheet metal, and other Subcontractors with evidence of Subcontractor's insurance coverage in compliance with contract requirements. 9. Project superintendent's resume and project experience list for proposed system. 10. Contractor shall submit written statement that their company or any Subcontractor they may use is not employing workers classified as undocumented workers on this project. 11. Samples of all materials not supplied or prior approved by the roofing membrane manufacturer shall be submitted to the manufacturer for written approval prior to installation start. 12. Submit product data, including detailed test results of material applied to surfaces similar to requirements of this Section. Submit manufacturer's instructions for methods and application procedures. C. Samples and Manufacturer's Submittals: Submit prior to delivery or installation. 1. Samples of all roofing system components including all specified accessories. 2. Submit samples of proposed warranty complete with any addenda necessary to meet the warranty requirements as specified. 3. Submit latest edition of manufacturer's specifications and installation procedures. Submit only those items applicable to this project. 4. A written statement from the roofing materials manufacturer approving the installer, specifications and drawings as described and/or shown for this project and stating the intent to guarantee the completed project. 5. Manufacturer's Equiviscous Temperatures (EVT) for the specified bitumens. 6. Submit shop drawings, product data and, mockups of all sheet metal. SUBMITTALS AND SUBSTITUTIONS 01330 - 3 LA 1 D. Samples and Manufacturer's Submittals for Sheet Metal and Miscellaneous Accessories: Submit prior to deliver or installation. 1. Submit shop drawings, product data and mockups of all sheet metal. PART 2 — PRODUCTS 2.01 SHOP DRAWINGS A. Scale and measurements: Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work. B. Shop Drawings: Provide manufacturer's approved details of all perimeter conditions, projection conditions, and any additional special job conditions which require details other than indicated in the drawings. C. Shop Drawings and Product Data: 1. Manufacturer's Details: All termination details and other details normally required by the membrane manufacturer's Technical Specifications, including both standard details and special details, shall be furnished by the Contractor and shall be approved in writing by the manufacturer, the company project manager, and the Owner's representative prior to final installation. 2. Submit sufficient copies of manufacturer's descriptive data including catalog sheets for materials, equipment and fixtures, showing dimensions, performance characteristics and capacities, diagrams and controls, schedules, and other pertinent information required. 3. Submit brochures and other submittal data that cannot be reproduced economically, in such quantities to allow the Owner to retain four copies of each after review. Mark product data to show the name of project, Owner, Contractor, originating Subcontractor, manufacturer or supplier, and separate details if pertinent. 4. Product data shall completely identify specification sections and locations at which materials or equipment are to be installed. 5. Accompany each submittal with a separate transmittal letter in duplicate, containing date, project title and number, Contractor's name and address, number of each shop drawing, product data and samples submitted, and notification of deviations from Contract Documents. 6. Three sets of prints from the final sepias will be returned to the Owner for record. The cost of printing all sepias and all prints is the responsibility of the Contractor. D. Provide manufacturer's approved details, or all perimeter conditions, project conditions, and any additional special job conditions which require details other than indicate_ d in the �drawings. 2.02 MANUFACTURER'S LITERATURE A. Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents is being submitted for review. B. Submit the number of copies, which are required to be returned, plus one copy, which will be retained by the Architect/Project Manager. 2.03 MAINTENANCE PROCEDURES SUBMITTALS AND SUBSTITUTIONS 01330 - 4 A. Maintenance Procedures: Within ten days of the date of Substantial Completion of the x' project, deliver to the Owner three copies of the manufacturer's printed instructions regarding care and maintenance of the roof. 2.04 SAMPLES A. Provide sample or samples identical to the precise article proposed to be provided. Identify as described under "Identification of Submittals" below. B. Number of samples required: 1. Unless otherwise specified, submit samples in the quantity which is required to be returned, plus one which will be retained by the Architect/Project Manager. 2. By pre -arrangement in specific cases, a single sample may be submitted for review and, when approved, be installed in the work at a location agreed upon by the Architect/Project Manager. 2.05 COLORS AND PATTERNS A. Unless the precise color and pattern are specifically called out in the Contract Documents, and whenever a choice of color or pattern is available in the specified products, submit accurate color and pattern charts to the Architect/Project Manager for selection. B. Contractor shall hold ALL color samples until all items requiring color selections are received. Only then should the actual color samples be submitted for selections. Each sample shall be properly labeled with the name of the project, contractor, manufacturer, and date of submission. Incomplete color submittal will be returned to the Contractor. C. The Contractor shall allow four weeks after all colors are submitted for final Owner approval. PART 3 — EXECUTION 3.01 IDENTIFICATION OF SUBMITTALS A. Consecutively number all submittals. B. Accompany each submittal with a letter of transmittal showing all information required for identification and checking. 1. When material is re -submitted for any reason, transmit under a new letter of transmittal and with a new transmittal number. 2. On re -submittals, cite the original submittal number for reference. C. On at least the first page of each submittal, and elsewhere as required for positive identification, show the submittal number in which the item was included. D. Maintain an accurate submittal log for the duration of the work, showing current status of all submittals at all times. Make the submittal log available to the Architect/Project Manager for his review upon request. 3.02 TIMING OF SUBMITTALS SUBMITTALS AND SUBSTITUTIONS 01330 - 5 A. Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and re - submittals, and for placing orders and securing delivery. B. Revisions: 1. Make revisions required by the Architect/Project Manager. 2. If the Contractor considers any required revision to be a change, he shall so notify the Architect/Project Manager. 3. Make only those revisions directed or approved by the Architect/Project Manager. END OF SECTION 01330 SUBMITTALS AND SUBSTITUTIONS 01330 - 6 SECTION 03520 LIGHTWEIGHT INSULATING CONCRETE PART 1-GENERAL 1.01 RELATED SECTIONS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 SUBMITTALS A. Submittal of Equals: Submit lightweight insulating concrete systems to be considered as equals to the specified roof system no less than 10 days prior to bid date. Primary lightweight insulating concrete systems which have been reviewed and accepted as equals to the specified system will be listed in an addendum prior to bid date; only then will equals be accepted at bidding. Submittals shall include the following: 1. Submit manufacturer's instructions for proper placement of the proposed lightweight insulating concrete roof insulation system. 2. Submit documentation confirming compliance with FM 1-90 Windstorm Resistance Classification utilizing the specific roof membrane system proposed for use on this project. a) Submit documentation confirming that the specific expanded polystyrene proposed for use on this project is approved by Factory Mutual for use in conjunction with the proposed lightweight insulating concrete system. 3. Submit a letter from the supplier of the proposed lightweight insulating concrete system confirming that the expanded polystyrene used as a component in the lightweight insulating concrete system is to be furnished by the supplier of the proposed lightweight insulating concrete system. 4. Submit shop drawings including a roof plan, roof slopes, and thickness of insulation. 5. Submit a sample copy of the warranty covering the proposed lightweight insulating concrete system. 6. Submit a letter from the proposed lightweight insulating concrete system supplier confirming that the Contractor is approved to install the proposed lightweight insulating concrete system. 1.03 QUALITY ASSURANCE A. Acceptable Contractor: The contractor must be certified in writing prior to bid by the supplier to install the proposed lightweight insulating concrete system. B. Agency Approvals: The proposed lightweight insulating concrete system shall conform to the following requirements. No other testing agency approvals will be accepted. 1. Underwriters Laboratories: Tested by Underwriters Laboratories in accordance with the procedures of ASTM E 119 and listed in the most recent Underwriters Laboratories Fire Resistance Directory. Lightweight insulating concrete roof insulation components are defined by Underwriters Laboratories under sections CCVW for foamed plastic and CCOX for floor or roof - topping mixture in the latest edition of the Underwriters Laboratories Fire Resistance Directory. 2. Factory Mutual: Tested by Factory Mutual Research and listed in FM Global RoofNav as non-combustible or Class 1, and for 1-90 windstorm classification utilizing the specific roof membrane system proposed for use on this project. I__ LIGHTWEIGHT INSULATING CONCRETE 03520 -1 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery: Deliver materials in the supplier's original unopened packages, fully identified as to manufacturer, brand or other identifying data and bearing the proper Underwriters i Laboratories label. B. Storage: Store Insulcel concentrate at temperatures between 520F and 80OF (110 - 270 C). Expanded polystyrene board should not be stored in areas of standing water prior to application but can be exposed to rainwater before application. Boards must be clean and free from foreign substances. 1.05 PROJECT/SITE CONDITIONS A. Requirements Prior to Job Start 1. Notification: Give a minimum of 5 days notice to the Owner and manufacturer prior to commencing any work and notify both parties on a daily basis of any change in work schedule. 2. Permits: Obtain all permits required by local agencies and pay all fees which may be required for the performance of the work. 3. Safety: Familiarize every member of the application crew with all fire and safety regulations recommended by OSHA, NRCA and other industry or local governmental groups. B. Environmental Requirements 1. Precipitation: Do not apply materials during precipitation or in the event there is a probability of precipitation during application. Take adequate precautions to ensure that materials and building interiors are protected from possible moisture damage or contamination. 2. Temperature Restrictions: When air temperatures of 40OF (4.4°C) or above are predicted to occur within the first 24 hours after placement, normal mixing and application procedures may be used. When air temperatures of 320F to 40OF (0°C - 4.4°C) are predicted to occur within the first 24 hours after placement, the Contractor may opt to increase the Portland cement quantity 15% by weight. Do not install the lightweight insulating concrete system when air temperatures are below 32°F (01C). PART 2 - PRODUCTS 2.01 MATERIALS A. Acceptable Manufacturer: Provide a lightweight insulating concrete roof insulation system incorporating pregenerated foam and expanded polystyrene board supplied by a single manufacturer. 1. Lightweight Concrete by Concrecel International, Inc. 2.02 SYSTEM DESCRIPTION A. Lightweight Concrete System Description: Provide materials used in the lightweight concrete roof insulation system conforming to the following. 1. Portland Cement: Portland cement conforming to Type I, II, or III as defined by ASTM C 150. 2. Foam Concentrate: Protein based foam concentrate conforming to ASTM C 869 and ASTM C 796. LIGHTWEIGHT INSULATING CONCRETE 03520 - 2 3. Expanded Polystyrene Insulation Board: Expanded polystyrene (EPS) insulation board having a nominal density of 1 pcf (16 kg/m3) defined as Type I by ASTM C 578 and containing approximately 3% open area. Each bundle of board shall be delivered to the job site with clear identification as to manufacturer and shall carry the Factory Mutual approval label and the Underwriter's Laboratories Classified label on each bundle. 4. Water: Potable water that is clean and free of deleterious amounts of acid, alkali and organic materials. 2.03 MIX DESIGN A. Density: Mix Portland cement and pregenerated foam with water to achieve a wet density ranging from 38 to 48 pcf (609 to 769 kg/m3), resulting in a minimum dry density of 30 pcf (481 kg/m3) and minimum compressive strength of 200 psi (1380 kPa). PART 3 - EXECUTION 3.01 EXAMINATION A. General: Ensure that all surfaces to receive lightweight insulating concrete are free of oil, grease, paints/primers, loose mill scale, dirt, or other foreign substances. Where necessary, cleaning or other corrections of surfaces to receive lightweight insulating concrete is the responsibility of the party causing the unacceptable condition of the substrate. B. Substrate Acceptance: With the general contractor present, examine surfaces to receive the roof insulation system and determine that the surfaces are acceptable prior to placement of the lightweight insulating concrete system. 3.02 PREPARATION A. General: Remove water or any other substance that would interfere with bonding of the lightweight concrete system. 3.03 APPLICATION A. General: Provide equipment and application procedures conforming to the material supplier's application instructions. B. Applications Not Incorporating Expanded Polystyrene Panels: Place lightweight insulating concrete in a 2.25 inch (57 mm) minimum thickness over the top of a prepared substrate, or over the existing membrane surface in recover applications. LIGHTWEIGHT INSULATING CONCRETE 03520 - 3 I C. Applications Incorporating Expanded Polystyrene Panels: When the specified expanded polystyrene insulation panels are to be incorporated into the lightweight insulating concrete system, place a 1/8 inch (3 mm) minimum thickness of insulating concrete slurry coat over top of the prepared substrate, fill the flutes and place a 1/8 inch (3 mm) minimum slurry over the top of concrete deck before embedding the expanded polystyrene insulation panels. Place the thickness of expanded polystyrene insulation panels (minimum starting thickness will be 6" thickness) shown in the approved shop drawings within 30 minutes of applying the insulating concrete slurry coat to the substrate. Place the expanded polystyrene insulation panels in a brick -like pattern. The maximum allowable panel step in a stair -step design is 1 inch (25 mm). Fill the holes in the expanded polystyrene insulation panels and place a 2.25 inch (57 mm) minimum thickness of insulating concrete over top of the expanded polystyrene insulation panels within the same day's application. D. Thermal Resistance: Install the specified lightweight insulating concrete system to provide for an minimum thermal value of R-26.45 or as shown on the architectural details/drawings. E. Slope: Install the specified lightweight insulating concrete system to provide for a minimum positive roof slope of 1/4 inch per foot. See the drawings for slope of new system. 3.04 FIELD QUALITY CONTROL A. Protection: Avoid roof -top traffic over the roof insulation system until one can walk over the surface without creating surface damage. B. Compressive Strength Testing: The Architect has the option to select an independent testing laboratory to randomly sample the top placement of insulating concrete to verify the thickness and density, and to secure and test compressive strength cylinders in accordance with ASTM C 495. The Owner will be responsible for the cost and engagement of the independent testing laboratory services. C. Application Monitoring: Monitor the thickness and wet density of the lightweight insulating concrete at the time of placement to determine conformance to the manufacturer's requirements. Monitor the placement of proper thickness of polystyrene insulation board in accordance with the contract documents. D. Fastener Withdrawal Testing: Conduct a base ply fastener pull test 3 or more days following the application of the lightweight insulating concrete to ensure a minimum withdrawal resistance of 50 pounds (22.5 kg) per fastener. 3.05 PATCHING A. Patching: Perform all patching and repairing of insulating concrete using materials approved by the lightweight insulating concrete supplier. END OF SECTION 03520 LIGHTWEIGHT INSULATING CONCRETE 03520 - 4 SECTION 06105 MISCELLANEOUS CARPENTRY PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Wood blocking, cants, and nailers. 1.03 DEFINITIONS A. Lumber grading agencies, and the abbreviations used to reference them, include the following: 1. NELMA - Northeastern Lumber Manufacturers Association. 2. NLGA - National Lumber Grades Authority. 3. SPIB - Southern Pine Inspection Bureau. 4. WCLIB - West Coast Lumber Inspection Bureau. 5. WWPA - Western Wood Products Association. 1.04 SUBMITTALS A. Product Data: For each type of process and factory -fabricated product. Indicate component materials and dimensions and include construction and application details. 1. Include data for wood -preservative treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Indicate type of preservative used, net amount of preservative retained, and chemical treatment manufacturer's written instructions for handling, storing, installing, and finishing treated material. 2. Include data for fire -retardant treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Include physical properties of treated materials, both before and after exposure to elevated temperatures when tested according to ASTM D 5516 and ASTM D 5664. 3. For products receiving a waterborne treatment, include statement that moisture content of treated materials was reduced to levels specified before shipment to Project site. 4. Include copies of warranties from chemical treatment manufacturers for each type of treatment. B. Research/Evaluation Reports: For the following, showing compliance with building code in effect for Project: 1. Preservative -treated wood. 2. Fire -retardant -treated wood. 3. Power -driven fasteners. 4. Powder -actuated fasteners. 5. Expansion anchors. kt__ MISCELLANEOUS CARPENTRY 06105 - 1 1.05 QUALITY ASSURANCE A. Forest Certification: For the following wood products, provide materials produced from wood obtained from forests certified by an FSC-accredited certification body to comply with FSC 1.2, "Principles and Criteria": 1. Dimension lumber. 2. Miscellaneous lumber. 3. Plywood. 1.06 DELIVERY, STORAGE, AND HANDLING A. Stack lumber, plywood, and other panels; place spacers between each bundle to provide air circulation. Provide for air circulation around stacks and under coverings. PART 2 - PRODUCTS 2.01 WOOD PRODUCTS, GENERAL A. Lumber: DOC PS 20 and applicable rules of lumber grading agencies certified by the American Lumber Standards Committee Board of Review. 1. Factory mark each piece of lumber with grade stamp of grading agency. 2. For exposed lumber indicated to receive a stained or natural finish, mark grade stamp on end or back of each piece or omit grade stamp and provide certificates of grade compliance issued by grading agency. 3. Where nominal sizes are indicated, provide actual sizes required by DOC PS 20 for moisture content specified. Where actual sizes are indicated, they are minimum dressed sizes for dry lumber. 4. Provide dressed lumber, S4S, unless otherwise indicated. 5. Provide dry lumber with nineteen percent (19%) maximum moisture content at time of dressing for 2-inch nominal (38-mm actual) thickness or less, unless otherwise indicated. 6. Provide dry lumber with fifteen percent (15%) maximum moisture content at time of dressing for 2-inch nominal (38-mm actual) thickness or less, unless otherwise indicated. 2.02 WOOD -PRESERVATIVE -TREATED MATERIALS A. Preservative Treatment by Pressure Process: AWPA C2 (lumber), except that lumber that is not in contact with the ground and is continuously protected from liquid water may be treated according to AWPA C31 with inorganic boron (SBX). -' 1. Preservative Chemicals: Acceptable to authorities having jurisdiction and one of the following: a) Chromated copper arsenate (CCA). a.. b) Ammoniacal copper zinc arsenate (ACZA). c) Ammoniacal, or amine, copper quat (ACQ). d) Copper bis (dimethyidithiocarbamate) (CDDC). 3 e) Ammoniacal copper citrate (CC). f) Copper azole, Type A (CBA-A). g) Oxine copper (copper-8-quinolinolate) in a light petroleum solvent. 2. For exposed items indicated to receive a stained or natural finish, use chemical formulations that do not require incising, contain colorants, bleed through, or otherwise adversely affect finishes. MISCELLANEOUS CARPENTRY 06105 - 2 t B. Application: Treat items indicated on Drawings, and the following: 1. Wood cants, nailers, curbs, equipment support bases, blocking, stripping, and similar members in connection with roofing, flashing, vapor barriers, and waterproofing. 2.03 DIMENSION LUMBER A. General: Provide dimension lumber of grades indicated according to the American Lumber Standards Committee National Grading Rule provisions of the grading agency indicated. 2.04 MISCELLANEOUS LUMBER A. General: Provide lumber for support or attachment of other construction, including the following: 1. Rooftop equipment bases and support curbs. 2. Blocking. 3. Cants. 4. Nailers. 5. Furring. B. For items of dimension lumber size, provide Construction, Stud, or No. 2 grade lumber with fifteen percent (15%) maximum moisture content and any of the following species: 1. Mixed southern pine; SPIB. 2. Hem -fir or Hem -fir (north); NLGA, WCLIB, or WWPA. 3. Spruce -pine -fir (south) or Spruce -pine -fir; NELMA, NLGA, WCLIB, or WWPA. 4. Eastern softwoods; NELMA. 5. Northern species; NLGA. 6. Western woods; WCLIB or WWPA. 2.05 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. 1. Where carpentry is exposed to weather, in ground contact, or in area of high relative humidity, provide fasteners with hot -dip zinc coating complying with ASTM A 153/A 153M. B. Nails, Wire, Brads, and Staples: FS FF-N-105. C. Power -Driven Fasteners: CABO NER-272. D. Wood Screws: ASME B18.6.1. PART 3 - EXECUTION 3.01 INSTALLATION, GENERAL A. Discard units of material with defects that impair quality of carpentry and that are too small to use with minimum number of joints or optimum joint arrangement. i MISCELLANEOUS CARPENTRY 06105 - 3 1 B. Set carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit carpentry to other construction; scribe and cope as needed for accurate fit. Locate furring, nailers, blocking, and similar supports to comply with requirements for attaching other construction. C. Apply field treatment complying with AWPA M4 to cut surfaces of preservative -treated lumber and plywood. D. Securely attach carpentry work as indicated and according to applicable codes and recognized standards. E. Countersink fastener heads on exposed carpentry work and fill holes with wood filler. F. Use fasteners of appropriate type and length. Predrill members when necessary to avoid splitting wood. 3.02 WOOD SLEEPER, BLOCKING, AND NAILER INSTALLATION A. Install where indicated and where required for attaching other work. Form to shapes indicated and cut as required for true line and level of attached work. Coordinate locations with other work involved. B. Attach items to substrates to support applied loading. Recess bolts and nuts flush with surfaces, unless otherwise indicated. 3.03 WOOD FURRING INSTALLATION A. Install level and plumb with closure strips at edges and openings. Shim with wood as required for tolerance of finish work. 1. Fire block furred spaces of walls, at each floor level and at ceiling, with wood blocking or noncombustible materials accurately fitted to close furred spaces. END OF SECTION 06105 MISCELLANEOUS CARPENTRY 06105 - 4 SECTION 07535 ,. FULLY ADHERED MULTI -PLY ROOF SYSTEM PART 1 - GENERAL 1.01 DESCRIPTION A. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Requirements / Conditions, Supplementary General Conditions, and Sections in Division 01 of these Specifications. 1.02 INSTALLER QUALIFICATIONS A. Roofing Installer must be: 1. Currently prequalified with the Owner in accordance with Owner's prequalification requirements. 2. Currently in good standing with the manufacturer. B. It shall remain each Contractor's responsibility to determine his current status with the manufacturer's certification plan. 1.03 QUALITY ASSURANCE A. Manufacturer Qualifications: 1. A qualified manufacturer that has been UL Listed and has FM Approvals for membrane roofing systems similar to that used in this project for a minimum of twenty (20) years. 2. Provide Thermoplastic Fleece -Backed Elvaloy Roofing Membrane with a minimum Elvaloy Polymer Content of 30% with the following approvals: a. Underwriters Laboratories Class A Rating b. Factory Mutual 1-90 c. Miami/Dade County Florida NOA d. ICC-ES e. Energy Star Partner f. TDI —Texas Department of Insurance Product Evaluation B. Applicator/Installer: 1. Acceptable to roof material manufacturer for the manufacturer's warranty requirements. 2. Five (5) years successful experience on projects similar in size and scope. 3. Experienced in the type of roofing work required. 4. Successfully completed previous projects warranted by the manufacturer. C. Testing Laboratory Services: Test results shall meet or exceed established standards. D. Comply with governing local, state, and federal regulations, safety standards, and codes. 1.04 REFERENCES (INCLUDING LATEST REVISIONS) A. American Society for Testing and Materials: J ,.d 1. ASTM B 209 - 90, Specification for Aluminum and Aluminum Alloy Sheet and Plate $ g FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 1 r 2. ASTM C 719 - 86, Test Method for Adhesion and Cohesion of Elastomeric Joint i Sealants Under Cycle Movement (Hockman Cycle) 3. ASTM C 794 - 80 (1986), Test Method for Adhesion -in -Peel of Elastomeric Joint { Sealants 4. ASTM C 920 - 87, Specification for Elastomeric Joint Sealants 5. ASTM D 312 - 89, Specification for Asphalt Used in Roofing - 6. ASTM D 1863 - 86, Specification for Mineral Aggregate Used on Built-up Roofs 7. ASTM D 2178 - 89, Specification for Asphalt Glass Felt Used in Roofing and Waterproofing 8. ASTM D 2824 - 85, Specification for Aluminum - Pigmented Asphalt Roof Coatings 9. ASTM D 4586 - 86, Specification for Asphalt Roof Cement, Asbestos Free 10. ASTM A 361 - 90, Sheet Steel, Zinc -Coated (Galv.) by the Hot -Dip Process for Roofing and Siding 11. ASTM C 177, Test for Thermal Laboratory Services 12. ASTM C 728, Perlite Thermal Insulation Board B. Federal Specifications: 1. LLL-1-535B 2. SS-A-701 B 3. SS-C-153 4. SS-C-153C 5. SS-R-620B 6. TT-C-498C (P _ 7. TT-P-320D 8. TT-S-00227E 9. TT-S-00230C 10. SS-S-001534 (GSA-FSS) 11. L-P-375 C. Industry Standards: 1. The National Roofing Contractors Association (NRCA) - Roofing and Waterproofing Manual 2. Single -ply Roofing Institute (SPRI) - A Professional Guide to Specifications Manual 3. Sheet Metal and Air Conditioning Contractors National Association (SMACNA) - Architectural Sheet Metal Manual 4. American Society of Civil Engineers - ASCE 7 1.05 SUBMITTALS A. Samples and Manufacturer's Submittals: Submit prior to delivery or installation. 1. Samples of all roofing system components including all specified accessories. 2. Submit samples of proposed warranty complete with any addenda necessary to meet the warranty requirements as specified. 3. Submit latest edition of manufacturer's specifications and installation procedures. Submit only those items applicable to this project. 4. A written statement from the roofing materials manufacturer approving the installer, specifications and drawings as described and/or shown for this project and stating the intent to guarantee the completed project. B. Shop Drawings: Provide manufacturer's approved details of all perimeter conditions, projection conditions, and any additional special job conditions which require details other than indicated in the drawings. r FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 2 t C. Maintenance Procedures: Within ten days of the date of Substantial Completion of the project, deliver to the Owner three copies of the manufacturer's printed instructions regarding care and maintenance of the roof. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver materials in manufacturer's original, unopened containers and rolls with all labels intact and legible including labels indicating appropriate warnings, storage conditions, lot numbers, and usage instructions. Materials damaged in shipping or storage shall not be used. B. Deliver materials requiring fire resistance classification to the job with labels attached and packaged as required by labeling service. C. Deliver materials in sufficient quantity to allow continuity of work. D. Handle and store material and equipment in such a manner as to avoid damage. Liquid products shall be delivered sealed, in original containers. E. Handle rolled goods so as to prevent damage to edge or ends. F. Select and operate material handling equipment so as not to damage existing construction or applied roofing. G. Moisture -sensitive products shall be maintained in dry storage areas and properly covered. Provide continuous protection of materials against wetting and moisture absorption. Store roofing and flashing materials on clean raised platforms with weather protective covering when stored outdoors. H. Store rolled goods on end. I. Protect materials against damage by construction traffic. J. The proper storage of materials is the sole responsibility of the contractor and any wet or damaged roofing materials shall be discarded, removed from the project site, and replaced prior to application. K. Comply with fire and safety regulations, especially with materials which are extremely flammable and/or toxic. Use safety precautions indicated on labels. L. Products liable, such as emulsions, to degrade as a result of being frozen shall be maintained above 40° F in heated storage. M. No storage of materials shall be permitted on roof areas other than those materials that are to be installed the same day. 1.07 SITE CONDITIONS A. Job Condition Requirements: 1. Apply roofing in dry weather. 2. Do not apply roofing when ambient temperature is below 400 F (40 C). FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 3 l 3. Coordinate the work of the contractor with the work to be performed by the Owner's personnel, to ensure proper sequencing of the entire work. The Owner's personnel will be erecting interior protection for equipment, if required. The contractor is to schedule his work so that adequate time is allowed for the Owner's personnel to perform the work. No roof work shall be performed until the Owner's personnel have completed erection of the interior protection in that area. 4. Proceed with roofing work only when weather conditions are in compliance with manufacturer's recommended limitations, and when conditions will permit the work to proceed in accordance with specifications. 5. Schedule the work so the building will be left watertight at the end of each day. Do not remove more roofing material than can be reinstalled in any working day. 6. All surfaces to receive new roofing shall be smooth, dry, and free from dirt, debris, and foreign material before any of this work is installed. Competent operators shall be in attendance at all times equipment is in use. Materials shall be stored neatly in areas designated by the Owner. Load placed on the roof at any point shall not exceed the safe load for which the roof is designed. 7. The contractor shall take all necessary precautions to protect the roof mat and deck from damage. The contractor shall be responsible for repairing all new areas of ` damage caused by the negligence of the contractor, at the contractor's expense. The Owner's on -site representative shall determine damage caused by contractor negligence. - - 8. The contractor shall follow local, state, and federal regulations, safety standards, and codes for the removal, handling, and disposal of asbestos containing materials, if present. When a conflict exists, use the stricter document. _s 9. Follow insurance underwriter's requirements acceptable for use with specified products or systems. 10. Due caution should be exercised so as not to alter the structural integrity of the deck. When cutting through any deck, care should be taken so as not to damage the deck or any part of the deck, such as post tension cables, etc. 11. All kettles shall have an automatic thermostat control, and temperature gauge, all in working order. 12. The contractor is to verify the location of all interior ducts, electrical lines, piping, conduit, and/or similar obstructions. The contractor is to perform all work in such a manner as to avoid contact with the above mentioned items. 13. Surface and air temperatures should be a minimum 450 F during applications of cleaner and waterproof coating and remain above 45' F for a minimum of four (4) hours following applications. Verify compatibility of cleaner with coatings, paints, rimers and joint sealers specified. Advise Owner's representative of an p j' p p y problems in this regard prior to commencing cleaning operations. 14. Temporary Sanitary Facilities: The contractor shall furnish and maintain temporary sanitary facilities for employees use during this project. These will be removed after the completion of the project. All portable facilities shall comply with local laws, codes, and regulations. B. Protection of Work and Property: 1. Work: The contractor shall maintain adequate protection of all his work from damage and shall protect the Owner's and adjacent property from injury or loss arising from this contract. He shall provide and maintain at all times any OSHA required danger signs, guards, and/or obstructions necessary to protect the public and his workmen from any dangers inherent with or created by the work in progress. All federal, state, and city rules and requirements pertaining to safety and all EPA w standards, OSHA standards, NESHAP regulations pertaining to asbestos as required shall be fulfilled by the contractor as part of his proposal. _a - FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 4 t_. 2. Property: Protect existing planting and landscaping as necessary or required to ` provide and maintain clearance and access to the work of this contract. Examples of two categories or degrees of protection are generally as follows: a) removal, protection, preservation, or replacement and replanting of plant materials; b) protection of plant materials in place, and replacement of any damage resulting from the contractor's operations. 3. Twenty-four Hour Call: The contractor shall have personnel on call 24 hours per day, seven (7) days per week for emergencies during the course of a job. The Owner's Project Manager is to have the 24 hour numbers for the contact. Contractor must be able to respond to any emergency call and have personnel on -site within two (2) hours after contact. Numbers available to the Owner's Project Manager are to be both home and office numbers for: _3 a) Job Foreman b) Job Superintendent c) Owner or Company Officer C. Damage to Work of Others: The contractor shall repair, refinish, and make good any damage to the building or landscaping resulting from any of his operation. This shall include, but is not limited to, any damage to plaster, tile work, wall covering, paint, ceilings, floors, or any other finished work. Damage done to the building, equipment, or grounds must be repaired at the successful contractor's expense holding the Owner harmless from any other claims for property damage and/or personal injury. D. Measurements: It will be the contractor's responsibility to obtain and/or verify any necessary dimensions by visiting the job site, and the contractor shall be responsible for the correctness of same. Any drawings supplied are for reference only. E. Use of Premises: 1. The contractor is advised that the Owner will occupy the building at all times, and the contractor must provide all safeguards required to protect personnel and to keep noise levels as low as reasonably possible for each operation. 2. The contractor shall: a) Coordinate work in such a manner as to not interfere with the normal operation of the building. b) Assume full responsibility for protection and safekeeping of products stored on premises. c) Agree to hold the Owner harmless in any and all liability of every nature and description which may be suffered through bodily injuries, including death of any persons by reason of negligence of the contractor, agents, employees, or subcontractors. F. Cleaning and Disposal of Materials: - 1. Contractor shall keep the job clean and free from all loose materials and foreign matter. Contractor shall take necessary precautions to keep outside walls clean and shall allow no roofing materials to remain on the outside walls.__a 2. All waste materials, rubbish, etc., shall be removed from the Owner's premises as accumulated. Rubbish shall be carefully handled to reduce the spread of dust. A suitable scrap chute or hoist must be used to lower any debris. At completion, all work areas shall be left broom clean and all contractor's equipment and materials removed from the site. 3. All bituminous or roofing related materials shall be removed from ladders, stairs, railings, and similar parts of the building.,r 4. Debris shall be deposited at an approved disposal site. i� FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 5 1.08 WARRANTY A. Twenty (20) Year NDL with no exclusion for 2" hail occurrence and wind speeds up to 72 V mph Warranty: The complete roofing system shall be guaranteed for a minimum of twenty (20) years from the date of Substantial Completion for this project. Guarantee responsibilities shall be as follows: 1. The manufacturer's warranty shall include a 72 mph Wind Rider for the field of the roof and the perimeter. 2. Roofing contractor shall guarantee the entire roofing system for a period of two (2) years from the date of Substantial Completion. 2. The materials manufacturer shall guarantee the entire roofing system for a total period of twenty (20) years from the date of substantial completion. 3. Membrane manufacturer shall provide the written warranty as specified. 4. The entire roofing system shall be guaranteed to be watertight and against any failures of workmanship and materials. Repair of the system, including materials and labor, shall be done at no cost to the Owner. 5. Warranty repairs shall be performed by a certified installer. The repairs shall be performed in accordance with the manufacturer's written instructions and recommended procedures so as to not void the warranty. B. During the proposal period each Contractor shall make arrangements with the materials manufacturer to provide the required warranty. Refer to paragraph 1.05 SUBMITTALS for requirements concerning submittals of warranty. PART 2 - PRODUCTS 2.01 GENERAL A. Compatibility: Provide materials that are recommended by manufacturers to be fully compatible with indicated substrates, or provide separation materials as required to eliminate contact between incompatible materials. B. Materials herein specified shall be supplied or approved in writing by the manufacturer issuing the warranty. C. The white polyester reinforced fleece backed adhered Elvaloy® roofing system shall only be applied by manufacturer approved and trained roofing contractors. D. The manufacturer shall have 15 years UL listing for the membrane to be used on the project. Membrane manufacturer shall have a minimum of 15 years FM approval, and 15 years manufacturing experience with the roofing membrane specified for this project. E. All roofing and roof accessories shall be installed in compliance with manufacturer's current specifications and details. F. All materials used on the project shall be asbestos free. 2.02 ROOFING MEMBRANE A. The white 87 mil polyester reinforced fleece backed Elvaloy membrane shall have the following minimum physical properties. FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 6 i Property Color Thickness Minimum Roll Width Breaking Strength Tearing Strength Elongation Heat Aging Low Temperature Bend Water Vapor Permeability Wt. Change After Immersion Seam Strength Puncture Resistance Static Puncture Resistance Dynamic Puncture Resistance Dimensional Stability Accel. Weathering (Xenon Arc) Fungi Resistance Underwriters Laboratories Factory Mutual Solar Reflectivity Solar Emissivity Solar Reflectance Index (SRI) 2.03 FLASHING MEMBRANE Test Procedure Physical Properties White ASTM D 751 80 mil Nominal Membrane (Excluding Fleece Backing) 10' Minimum ASTM D 751 632 x 511 Ibf F ASTM D 751 85 x 83 Ibf ASTM D 751 45% x 42% ASTM D 3045 >_90% of Original ASTM D 2136 -401 C ASTM E 96 3.5g/m2/day ASTM D 570 0.41 % max. ASTM D 751 >_ 90 % of sheet i FTMS 101 C 448 Ibs ASTM D 5602 Pass @ 33 Ibs ' ASTM D 5635 Pass @ 20 J ASTM D 1204 0.2% ASTM D 2565 10M hrs. (No Change) ASTM G 21 pass no growth Class A Class 1-90 ASTM E 903 0.811 ASTM E 903 0.919 ASTM E 1980 109 A. The flashing membrane shall be a white Elvaloy® polyester reinforced flexible sheet, as follows: Property Test Procedure Physical Properties Color White Thickness ASTM D 751 .063" Nominal Breaking Strength ASTM D 751 412 x 538 Ibf Tearing Strength ASTM D751 111 x 110 Ibf Elongation ASTM D 751 29% x 31 % Heat Aging ASTM D 3045 _a90% of Original Low Temperature Bend ASTM D 2136 Pass @ -40°C Seam Strength ASTM D 751 100 % Accel. Weathering ASTM D 2565 10M hrs. (No Change) Linear Dimensional Change ASTM D 1204 0.5% maximum Wt. Change after Immersion ASTM D 570 0.41% maximum Static Puncture Resistance ASTM D 5602 Pass @ 33 Ibs Dynamic Puncture Resistance ASTM D 5635 Pass @ 20 J Underwriters Laboratories Class A Factory Mutual Class 1-90 Solar Reflectivity ASTM E 903 0.811 Solar Emissivity ASTM E 903 0.919 Solar Reflectance Index (SRI) ASTM E1980 109 2.04 NON -REINFORCED MEMBRANE A. The non -reinforced membrane shall have the following minimum properties, as follows: 1. Description: Non -reinforced thermoplastic white membrane, thickness approximately 45 mils. 2. Use: Inside/outside corners, multiangled intersections, sealant pockets and other conditions where molding of the membrane is required. 2.05 BITUMEN A. Shall be ASTM D 312 Type IV steep asphalt. FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 7 - 2.06 CAULKS A. Sealant for use at coping joints, reglet joints, etc., shall be a one -component urethane non -sag, gun grade sealant designed for use in active exterior joints, and shall meet or exceed Federal Specification No. 1 TT-S-00230C, Type ll, Class A, ASTM C 920. Where joint surfaces are contained or are contaminated with bituminous materials, provide manufacturer's modified -type sealant (modified with coal -tar or asphalt as required), or approved equal. 2.07 FELTS A. Shall be Underwriters Laboratory approved and listed in the FM Global Approval Guide. B. Shall be venting base sheet, Underwriters Laboratory Type G-2, ASTM D 3672, Type II, as manufactured by Schuller International, Inc., or approved equal. C. Shall be SBS base sheet, tested in accordance with ASTM D 5147, as approved by field membrane manufacturer. 2.08 FASTENERS A. Fasteners and fastening plates or bars shall be listed in the FM Global Approval Guide, and be as recommended by the fastener manufacturer for the specific application. B. Fastener for Brick: Shall be one-fourth inch by two inches (1/4" x 2"), zinc with plated steel or stainless steel nail, one piece unit, flat head, as manufactured by Rawl Zamac Nailin, or approved equal. C. Structural Concrete Nail: Shall be a spiral fluted for concrete, hot dipped galvanized, Con-Tite nail with a minimum .210 diameter shank. To be used with round, plastic pressure plates, as manufactured by Olympic Manufacturing Group, Inc., or approved equal. Fasteners, plates, and/or bars shall be listed in the FM Global Approval Guide. D. Fastener for Lightweight Concrete/Cellular Deck: Shall be a split shank, one piece fastener, to be used with a two and three -fourths inch (2-3/4") bilateral metal plate, both G- 90 galvanized, as manufactured by Olympic Fasteners, or approved equal. Fasteners and plates shall be listed in the FM Global Approval Guide. 2.09 BONDING ADHESIVE FOR FLASHING A. Description: Adhesive is a bonding cement of synthetic rubber for fully adhering membranes to various substrates, produced by Ashland Chemical, or approved equal. Typical Liquid Properties (Room Temperature) Color Amber/Yellow Base Product Neoprene Solids 25% Specific Gravity .87 Pounds/Gallon 7.25 Viscosity (CPS) 2500 Solvents Ketone, Toluene, Aliphatic Hydrocarbon, Zylene i Estimated Coverage 2 Sided Application 55/70 sq. ft. (2/2.5 mils dry) DOT Label Required Flammable Liquid Code - 584661 i a FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 8 r B. Handling: Contains ingredients which could be harmful if mishandled. Contact with skin and eyes should be avoided and necessary protective equipment and clothing should be worn. 2.10 CANT STRIP A. Shall be wood fiber where used for non-structural purposes. Shall be treated solid wood where used for structural purposes meeting NRCA, FM Global and Underwriters Laboratory guidelines. If solid wood cant is used where insulation exists, cant is to be toe nailed into treated solid wood nailer the same height as insulation. _ 2.11 ASPHALT ROOF PRIMER A. Quick -dry asphalt -based primer for priming of asphalt roof surfaces, as manufactured by membrane manufacturer, or approved equal. Applicable Federal Specification SS-A-701 B ASTM D 41 Flash Point 105° F Viscosity at 80° F (ASTM D 217) 50-60 K.U. Weight per gallon 7.4 pounds Drying time (to touch) Min. 4 hours 2.12 WOOD A. All nailers, cants and wooden curbs shall be lumber as required by NRCA, FM Global and Underwriters Laboratory guidelines. 2.13 TRIM STRIP A. The trim strip shall have the following minimum properties: 1. Six inch (6") wide non -reinforced 60 mil thermoplastic used for capping butted ends of rolls. 2. The trim strip is seamed with the use of hot-air welding. 2.14 CORNERS A. Inside and outside corners shall be supplied by the membrane manufacturer and shall be of the same base material as the roof membrane. 2.15 PIPE BANDS A. Stainless steel bands with self-locking heads. B. Tighten with hand tool for tension control and flush cut off. 2.16 PRE -MOLDED BOOTS A. Non -reinforced thermoplastic tapered molds for various pipes, heat welded to field membrane and sealed at top with stainless steel pipe bands and seam sealer. 2.17 PITCH PAN SEALANT A. Shall be one -part, self -leveling polyurethane sealant meeting Federal Specification No. TT-S-00230C, Type 1, Class A, ASTM C 920, Type S, Grade P, Class 25, for use in new pitch pans. FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 9 t i__ 2.18 LEAD JACKS A. Shall be four pound (4#) lead, and of dimensions required to completely cover existing plumbing stack. 2.19 LEAD FLASHING DRAINS A. Shall be four pound (4#) lead, minimum thirty-six inches by thirty-six inches (36" x 36"), used for flashing of internal drains. 2.20 TERMINATION/PRESSURE BARS A. Aluminum strip shall be extruded channel bar with a mill finish, width one inch (1"), thickness 0.100" ± .008", leg height one-fourth inch (1/4") top and bottom, leg angle ninety degrees (90°), for perimeter and curb anchorage, having predrilled holes six inches (6") on center, as manufactured by Olympic Fasteners, or approved equal. 2.21 WALKWAY PAD A. The walkway pad shall have the following minimum physical properties, and be applied with edges heat or solvent welded. Property Test Procedure Physical Properties Color Gray Size 36" wide x 60' long Thickness ASTM D 638 .080" nominal Reinforcement 1000 Denier Polyester Tear Strength ASTM D 751 210 X 200 Ibf Puncture Resistance 96 Ibs Cold Resistance ASTM D 1043 -401 C Shore A Durometer 85 Hydrostatic Resistance 400 psi Dimensional Stability ASTM D 1240 _< 1% Ultraviolet Stability 12,000 hrs. Excellent 2.22 DELIVERY AND STORAGE A. All materials shall be delivered with appropriate carton and can labels indicating appropriate warnings, storage conditions, lot numbers, and usage instructions. Materials damaged in shipping or storage shall not be used. 2.23 PRECAUTIONS A. Some of the indicated materials are extremely flammable and/or toxic. Use precautions indicated on can and carton labels. 2.24 MISCELLANEOUS MATERIALS A. Other materials shall be as specified or of the best grade for the proposed use as recommended by the manufacturer. r FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 10 I PART 3 - EXECUTION 3.01 REFERENCE A. The manufacturer's Technical Specifications shall be considered a part of this specification and should be referred to for more specific application procedures and recommendations. B. Application of materials shall be in strict accordance with the manufacturer's recommendations except where more stringent requirements are shown or specified. In the instance of a conflict between these specifications and those of the manufacturer, the more stringent specifications shall take precedence. C. General Installation: 1. Protect adjacent areas with tarpaulin or other durable materials. 2. Contractor shall prevent overspray, and be responsible for parking lot areas and/or adjoining areas not part of this contract. 3. Contractor shall be responsible for sealing, as required, all openings that may allow bitumen migration or drippage, i.e. pitch dams, envelopes, and filler strips. 4. Prepare surfaces according to manufacturer's or applicator's published instructions. All metal that is to receive bitumen, or come in contact with bitumen or adhesive, shall be first primed with appropriate primer. Any prefinished sheet steel that is to receive bitumen, or come in contact with bitumen or adhesive, shall be scored, scuffed or abraded prior to receiving primer. 5. Use cleaning materials or primers necessary to render an acceptable surface/substrate. 6. All surfaces/substrates shall be clean and dry prior to application of materials. 7. Prior to application of felts and membrane, all foreign matter, gravel, etc., shall be removed from the insulation and/or substrate. Gravel or debris between the insulation/substrate and plies is not acceptable. 8. Ambient temperature shall be 450 F and rising. 9. Wrinkles, buckles, kinks, and fishmouths are not acceptable when laying membrane. 10. Where deteriorated base flashing is removed, primed cant strips shall be installed at the intersection of the deck and the vertical surfaces. All flashings shall be mechanically top -fastened with a termination bar a minimum of six inches (6") on center at the top leading edge, and be a minimum of eight inches (8") in height from finished membrane. 11. Provide a water test of each roof section prior to substantial completion. The test should simulate rainfall of one inch (1") per hour minimum. 12. On slopes greater than one inch (1 ").in twelve inches (12"), refer to NRCA and/or manufacturer's guidelines for backnailing procedures and follow the more stringent guidelines for all specified materials. 3.02 SUBSTRATE PREPARATION A. All substrate preparation shall be in accordance with Section 07591 Membrane Reroofing Preparation. 3.03 MECHANICALLY FASTENED BASE PLY A. Substrate shall be covered with a venting base sheet mechanically fastened as follows: 1 FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 11 1 1. Securement shall conform to the ASCE 7 criteria for wind uplift as dictated by wind zone applicable to location of project. Fasteners and fastening patterns shall be determined by building height, location and geographical area of the United States. It is the contractor's responsibility to consult current publications, literature, and bulletins of IBC and the fastener manufacturer that are in effect at the time of this project. 3.04 NAILERS A. All nailers shall be installed in accordance with Section 06105 Miscellaneous Carpentry. B. Wooden nailers shall be installed at gravel stops, drip edges, and expansion joints on outside perimeter of building according to NRCA, Underwriters Laboratory and IBC guidelines. C. All Construction: Nailers shall be the same height as the new recovery board being installed where required. Nailers shall be raised if necessary by anchoring an additional nailer of appropriate height to the existing nailer if the existing nailer is not to be replaced. Nailers shall be anchored to resist a pull-out force of one hundred seventy-five pounds (175#) per foot. Fasteners shall be no less than two (2) per nailer, and be spaced at three feet (3') on center maximum. Expansion joint nailers shall extend upward a minimum of eight inches (8") above finish roof height. 3.05 WOOD CANTS A. All wood cants shall be installed in accordance with Section 06105 Miscellaneous Carpentry. B. Toe of cant shall be level with the surface to receive new roof membrane and in all cases anchored according to NRCA, Underwriters Laboratory and IBC guidelines. 3.06 APPLICATION OF PLY SHEET(S) A. Venting Base Sheet shall be covered with SBS base sheet fully adhered as follows: 1. All layers shall be fully adhered in accordance with the manufacturer's recommendations and in accordance with general practices as set forth by the NRCA Roofing Manual. 2. All layers shall be solid mopped at the nominal rate of thirty pounds (30#) ± 20 percent per one hundred (100) square feet using asphalt Type III as required by slope, properly heated. Specified layers shall be applied in accordance with the manufacturer's recommendations and in accordance with general practices as set forth by the NRCA Roofing Manual 3.07 APPLICATION OF FLEECE BACKED MEMBRANE A. Fully Adhered Application: Fully adhere membrane to acceptable substrate with hot ' asphalt applied at the rate specified by the manufacturer. 1. The roof surface must be clean, dry and free of foreign material. 2. Position sheets as indicated on approved shop drawings. 3. Fold one end of the Elvaloy® sheet on top of itself until both ends meet. Apply adhesive to the prepared roof surface. The sheet can then be pulled and laid into the bonding material using care not to create any wrinkles. 4. Carefully push into place from fold line to overlap, avoiding wrinkles and air pockets. Roll or broom membrane flat. FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 12 5. Repeat procedure for other sheet half. 6. Lap seams shall be done by lapping the two-inch (2") selvedge edge over the non -selvedge edge of the previous roll. The selvedge edge seam shall be made with the heat gun method. 7. Roll ends are butted together and capped with a six-inch (6") wide trim strip. The trim strip is then seamed with the heat gun. 8. Seam sealer shall be applied to all non -factory edges. -- B. Lap Seaming Procedure: Overlap membrane for attachment method specified and hot-air welded with manufacturer's approved equipment. 1. All surfaces to be weld shall be clean, dry and free of foreign material. 2. All seams must then be checked with a needle probe and any voids repaired with the heat gun. 3. Caulk all exposed cut edges with seam sealer. 3.08 FLASHING A. Flash all penetrations, metal edge systems, walls, curbs, expansion joints, drains as shown on details and approved shop drawings with white reinforced Elvaloy® flashing membrane. 1. Use prefabricated flashing accessories or components such as sealant pockets, premolded vent/pipe flashing. 2. Mechanically fasten flashing at terminations according to approved details. 3. Fastening membrane flashing through metal counterflashing is not acceptable. B. Any lumber or shimming required for attachment or to make material flashing flush or level with offsets and/or transitions shall be incorporated in the flashing specifications. 3.09 BASE FLASHING (APPROXIMATELY 8" IN HEIGHT MINIMUM) A. Base flashings shall be installed using the flashing membrane, with length of run not to exceed twenty linear feet (20'). B. Wooden nailers or curbs shall be installed at all edges and openings in the roof, mechanically fastened to the deck. C. Cant strips shall be installed at the intersection of the deck and all vertical surfaces. D. The roofing field membrane shall extend up over and two inches (2") above the top of cant strips at all vertical intersections or out to the roofs edge. E. All existing substrates receiving flashing membrane shall be clean and primed with primer, prior to application as required. F. All flashings shall be mechanically fastened with a termination bar a maximum of six inches (6") on center, be a maximum of eight inches (8") above finished roof height, extend a minimum of four inches (4") onto the field of horizontal roof membrane, and not exceed twenty linear feet (20') of run in length. G. After proper termination of the base flashing at a minimum eight inch (8") height (or maximum eighteen inch (18") height), a saw cut reglet with counterfashing shall be installed according to NRCA and SMACNA guidelines. H. All vertical flashing lap seams of the flashing membrane shall be hot-air welded. I _-; FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 13 1 _. I. All flashing membrane shall be adhered with flashing bonding adhesive to the vertical substrate and hot-air welded to the field of roof membrane; hot-air weld vertical laps. Flashing laps shall be minimum two inch (2") width, no maximum. Hot-air weld of flashing lap shall be minimum two inch (2") width, no maximum. K. Hot -Air Welding of Flashing Laps: 1. When using a hand-held hot-air welder, the seams should be pressed together using a hand-held roller. The speed and temperature settings of the welding equipment can be affected by the weather conditions at the site of application, therefore, these parameters should be set by trial and error using two (2) pieces of the flashing membrane. Minimum width of hot-air weld two inches (2"), no maximum. 2. Lay the laps together and apply pressure to the welded seam to ensure full adhesion. 3. Allow the seams to set fully, and probe the entire length for voids. Reseam voids immediately with a hot-air gun and roller. L. All hot-air welded seams/laps shall be tested daily with a probe for integrity, no variance. 3.10 PERIMETER FASTENING A. Wood nailers are required for perimeter gravel stops or drip edges. Field membrane and all plies shall be mechanically fastened to nailer on twelve inch (12") centers maximum. 3.11 EDGING FLASHINGS A. An NRCA-approved gravel stop/fascia system shall be installed in strict accordance with published instructions to meet ES-1. 3.12 WALKWAY PADS A. Fully adhere and heat weld walkway pads where shown on drawings or where required to provide protected pathways from rooftop access points to mechanical or other equipment requiring rooftop maintenance. 3.13 CLEANING A. Clean exposed surfaces of excess cement, adhesive, sealants, mortar and paint associated with the new work. B. Clean work area of excess roofing materials and installation debris daily. C. Repair or replace defaced or disfigured finishes caused by the work. 3.14 MEMBRANE CLEANING A. After all membrane has been installed, it shall be cleaned with a cleaning agent compatible with the membrane to return the membrane to like new appearance. 3.15 PROTECTION A. Protect all building surfaces against damage from roofing work. FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 14 i.; B. Where traffic must continue over finished, installed roofing system, protect membrane, VI underlayment accessories and finishes from damage. 3.16 MEMBRANE PROTECTION A. Where equipment pads, wood sleepers, or walkway slabs are to be installed over the roofing membrane, an additional layer of the roofing membrane shall be installed between the roofing membrane and the pad, sleeper, or slab. Due caution shall be exercised to prevent roofing membrane damage during placement. Where required, membrane shall be welded to field membrane to prevent slippage. 3.17 PIPING/CONDUIT A. Piping/conduit shall be raised to NRCA recommended heights, and new supports furnished. Permanent supports shall be installed upon pads approved by membrane manufacturer. Coordinate work with Owner's representative. B. All gas lines and piping shall be coated with specified commercial grade yellow paint. 3.18 PIPE/EQUIPMENT SUPPORTS A. Pipe supports shall be placed approximately ten feet (10') on center. New supports shall be set on a double layer of membrane, and attached to the pipe with suitable strapping. Double layer of membrane shall be adhered to the roof surface. 3.19 OVERNIGHT SEAL A. Shall be performed according to accepted roofing practice as outlined in the NRCA Roofing Manual, SPRI and membrane manufacturer's recommended procedure. B. The roofing membrane shall be sealed to the roof deck or existing roof at the end of the day or at the onset of inclement weather to prevent water from flowing into the completed roofing system. Temporary seals shall be removed upon resumption of work. 3.20 COPING JOINTS, REGLET JOINTS, CAULK JOINTS, WALL JOINTS, AND WALL CRACKS ABOVE THE ROOF LINE A. All reglet and coping joints shall be raked clean of loose materials and debris, and sealed with caulk sealant. Sealant shall be properly installed and tooled in a workmanlike manner to ensure permanent seal. B. All open coping and masonry terminations and intersections shall be cleaned out and sealed with backer rod and caulk sealant. Backer rod shall be minimum one and one-half (1-1/2) times the width of the opening to be sealed. Caulk sealant thickness shall be minimum of one-half (1/2) of the width of the opening to be sealed. C. Clean joint surfaces immediately before installation of gaskets, sealant or caulking compound. Remove dirt, insecure coatings, existing sealant, moisture, and other substances which could interfere with seal of gasket or bond of sealant or caulking compound. Etch concrete and masonry joint surfaces as recommended by sealant manufacturer. Roughen vitreous and glazed joint surfaces as recommended by sealant manufacturer. FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 - 15 i D. Prime or seal joint surfaces where indicated, and where recommended by sealant manufacturer. Confine primer/sealer to areas of sealant bond; do not allow spillage or migration onto adjoining surfaces. E. Comply with manufacturer's printed instructions except where more stringent requirements are shown or specified, and except where manufacturer's technical representative directs otherwise. F. Install sealant backer rod for liquid -applied sealants, except where shown to be omitted or recommended to be omitted by sealant manufacturer for application indicated. G. Employ only proven installation techniques, which will ensure that sealants are deposited in uniform, continuous ribbons without gaps or air pockets, with complete "wetting" of joint to bond surfaces equally on opposite sides. Except as otherwise indicated, fill sealant rabbet to a slightly concave surface, slightly below adjoining surfaces. Where horizontal joints are between a horizontal surface and vertical surface, fill joint to form a slight cove, so that joint will not trap moisture and dirt. H. For normal moving joints to be sealed with elastomeric sealants but not subject to traffic, fill joints to a depth equal to fifty percent (50%) of joint width, but neither more than one-half inch (1/2") deep nor less than one-fourth inch (1/4") deep. END OF SECTION 07535 FULLY ADHERED MULTI -PLY ROOF SYSTEM 07535 -16 SECTION 07591 MEMBRANE REROOFING PREPARATION PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Roof tear -off. 1.03 MATERIALS OWNERSHIP A. Except for items or materials indicated to be reused, reinstalled, or otherwise indicated to remain Owner's property, demolished materials shall become Contractor's property and shall be removed from Project site. 1.04 DEFINITIONS A. Roofing Terminology: Refer to ASTM D 1079 and glossary in NRCA's "The NRCA Roofing and Waterproofing Manual" for definition of terms related to roofing work in this Section. B. Existing Membrane Roofing System: SBS-modified bituminous roofing membrane, surfacing, and components and accessories between deck and roofing membrane. C. Substrate Board: Rigid board or panel products placed over the roof deck that serve as thermal barriers, provide a smooth substrate, or serve as a component of a fire - resistance -rated roofing system. D. Roof Re -Cover Preparation: Existing roofing membrane that is to remain and be prepared for reuse. E. Remove: Detach items from existing construction and legally dispose of them off -site unless indicated to be removed and reinstalled. F. Roof Tear -Off: Removal of existing membrane roofing system from deck. G. Existing to Remain: Existing items of construction that are not indicated to be removed 1.05 SUBMITTALS A. Product Data: For each type of product indicated. MEMBRANE REROOFING PREPARATION 07591 - 1 B. Temporary Roofing: Include Product Data and description of temporary roofing system. If temporary roof will remain in place, submit surface preparation requirements needed to receive permanent roof, and submit a letter from roofing membrane manufacturer stating acceptance of the temporary membrane, and that its inclusion will not adversely affect the roofing system's resistance to fire and wind. C. Fastener pull-out test report. D. Photographs or Videotape: Show existing conditions of adjoining construction and site improvements, including exterior and interior finish surfaces that might be misconstrued as having been damaged by reroofing operations. Submit before Work begins. E. Landfill Records: Indicate receipt and acceptance of hazardous wastes, such as asbestos -containing material, by a landfill facility licensed to accept hazardous wastes. 1.06 QUALITY ASSURANCE A. Installer Qualifications: Installer of new membrane roofing system licensed to perform asbestos abatement in the State or jurisdiction where Project is located and approved by warrantor of existing roofing system to work on existing roofing. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning membrane roofing removal. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Preliminary Reroofing Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." Review methods and procedures related to roofing system including, but not limited to, the following: 1. Meet with Owner; Owner's representative; Owner's insurer if applicable; testing and inspecting agency representative; roofing system manufacturer's representative; deck Installer; roofing Installer including project manager, superintendent, and foreman; and installers whose work interfaces with or affects reroofing including installers of roof accessories and roof -mounted equipment. 2. Review methods and procedures related to reroofing preparation, including membrane roofing system manufacturer's written instructions. 3. Review temporary protection requirements for existing roofing system that is to remain, during and after installation. 4. Review roof drainage during each stage of reroofing and review roof drain plugging and plug removal procedures. 5. Review and finalize construction schedule, and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 6. Review existing deck removal procedures and Owner notifications. 7. Review procedures to determine condition and acceptance of existing deck and base flashing substrate for reuse. 8. Review structural loading limitations of deck during reroofing. 9. Review base flashings, special roofing details, drainage, penetrations, equipment curbs, and condition of other construction that will affect reroofing. 10. Review HVAC shutdown and sealing of air intakes. 11. Review shutdown of fire -suppression, -protection, and -alarm and -detection systems. MEMBRANE REROOFING PREPARATION 07591 - 2 12. Review procedures for asbestos removal or unexpected discovery of asbestos- containing materials. 13. Review governing regulations and requirements for insurance and certificates if applicable. 14. Review existing conditions that may require notification of Architect before proceeding. D. Reroofing Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." Review methods and procedures related to roofing system including, but not limited to, the following: 1. Meet with Owner, Owner's representative, Owner's insurer if applicable, testing and inspecting agency representative, roofing system manufacturer's representative, deck Installer, roofing Installer including project manager, superintendent, foreman, and installers whose work interfaces with or affects reroofing including installers of roof accessories and roof -mounted equipment. 2. Review methods and procedures related to reroofing preparation, including membrane roofing system manufacturer's written instructions. 3. Review temporary protection requirements for existing roofing system that is to remain, during and after installation. 4. Review roof drainage during each stage of reroofing and review roof drain plugging and plug removal procedures. 5. Review and finalize construction schedule, and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 6. Review existing deck removal procedures and Owner notifications. 7. Review procedures to determine condition and acceptance of existing deck for reuse. 8. Review structural loading limitations of deck during reroofing. 9. Review base flashings, special roofing details, drainage, penetrations, equipment curbs, and condition of other construction that will affect reroofing. 10. Review HVAC shutdown and sealing of air intakes. 11. Review shutdown of fire -suppression, -protection, and -alarm and -detection systems. 12. Review procedures for asbestos removal or unexpected discovery of asbestos - containing materials. 13. Review governing regulations and requirements for insurance and certificates if applicable. 14. Review existing conditions that may require notification of Architect before proceeding. 1.07 PROJECT CONDITIONS A. Owner will occupy portions of building immediately below reroofing area. Conduct reroofing so Owner's operations will not be disrupted. Provide Owner with not less than 48 hours notice of activities that may affect Owner's operations. 1. Coordinate work activities daily with Owner so Owner can place protective dust or water leakage covers over sensitive equipment or furnishings, shut down HVAC and fire -alarm or -detection equipment if needed, and evacuate occupants from below the work area if desired. 2. Before working over structurally impaired areas of deck, notify Owner to evacuate occupants from below the affected area. Verify that occupants below the work area have been evacuated prior to proceeding with work over the impaired deck area. 1 MEMBRANE REROOFING PREPARATION 07591 - 3 B. Protect building to be reroofed, adjacent buildings, walkways, site improvements, exterior _: plantings, and landscaping from damage or soiling from reroofing operations. C. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. D. Owner assumes no responsibility for condition of areas to be reroofed. 1. Conditions existing at time of inspection for bidding will be maintained by Owner as far as practical. E. Limit construction loads on roof for uniformly distributed loads. F. A roof moisture survey of existing membrane roofing system is available for Contractor's reference. G. The results of an analysis of test cores from existing membrane roofing system are available for Contractor's reference. H. Weather Limitations: Proceed with reroofing preparation only when existing and forecasted weather conditions permit Work to proceed without water entering into existing roofing system or building. Hazardous Materials: It is not expected that hazardous materials such as asbestos - containing materials will be encountered in the Work. 1. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Hazardous materials will be removed by Owner under a separate contract. 1.08 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during reroofing, by methods and with materials so as not to void existing roofing system warranty. Notify warrantor before proceeding. 1. Notify warrantor of existing roofing system on completion of reroofing, and obtain documentation verifying that existing roofing system has been inspected and warranty remains in effect. Submit documentation at Project closeout. PART 2 - PRODUCTS 2.01 INFILL MATERIALS A. Use infill materials matching existing membrane roofing system materials, unless otherwise indicated. 2.02 TEMPORARY ROOFING MATERIALS A. Base Sheet: ASTM D 4601, Type II, perforated, asphalt -impregnated and coated, glass - fiber sheet. B. Asphalt Primer: ASTM D 41. C. Roofing Asphalt: ASTM D 312, Type IV. MEMBRANE REROOFING PREPARATION 07591 - 4 2.03 AUXILIARY REROOFING MATERIALS A. General: Auxiliary reroofing preparation materials recommended by roofing system manufacturer for intended use and compatible with components of existing and new membrane roofing system. B. Base Sheet Fasteners: Capped head, factory -coated steel fasteners, listed in FMG's "Approval Guide." C. Metal Flashing Sheet: Metal flashing sheet is specified in Division 7 Section "Sheet Metal Flashing and Trim." PART 3 - EXECUTION 3.01 PREPARATION A. Protect existing membrane roofing system that is indicated not to be reroofed. 1. Loosely lay 1/2" plywood or OSB panels over existing roof surface. 2. Limit traffic and material storage to areas of existing roofing membrane that have been protected. 3. Maintain temporary protection and leave in place until replacement roofing has been completed. B. Coordinate with Owner to shut down air intake equipment in the vicinity of the Work. Cover air intake louvers before proceeding with reroofing work that could affect indoor air quality or activate smoke detectors in the ductwork. C. During removal operations, have sufficient and suitable materials on -site to facilitate rapid installation of temporary protection in the event of unexpected rain. D. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. Prevent debris from entering or blocking roof drains and conductors. Use roof - drain plugs specifically designed for this purpose. Remove roof -drain plugs at end of each workday, when no work is taking place, or when rain is forecast. 1. If roof drains will be temporarily blocked or unserviceable due to roofing system removal or partial installation of new membrane roofing system, provide alternative drainage method to remove 'water and eliminate ponding. Do not permit water to enter into or under existing membrane roofing system components that are to remain. E. Verify that rooftop utilities and service piping have been shut off before commencing Work. 3.02 ROOF TEAR -OFF A. General: Notify Owner each day of extent of roof tear -off proposed. B. Roof Tear -Off: Remove existing roofing membrane and other membrane roofing system components down to the -deck. E_ 3 I__ MEMBRANE REROOFING PREPARATION 07591 - 5 3.03 CATEGORY II (NON -FRIABLE) ASBESTOS CONTAINING MATERIALS (ACM) REMOVAL NOTE: Asbestos removal procedures are required (if asbestos is present) while removal of ACM roof materials takes place. The following procedures are to be followed as a minimum: A. Roofing contractors who perform asbestos roof tear -off shall use hand tools such as axes, picks, shovels or mechanical equipment such as a "roof warrior" that uses a reciprocating wedge to tear roofing materials. Breaking and/or slicing of material is permitted. Sanding, grinding or abrading during handling is not permitted. B. Wrap all rooftop ducts, vents or exhaust openings with 6 mil poly and tape. C. Provide an Asbestos Hazard Control Supervisor (competent person) to oversee demolition. D. Ensure employees have received OSHA required training in asbestos removal and health hazards associated with exposure to airborne asbestos fibers. E. Roof will be sufficiently wetted down before removal to prevent dust, using pump -up garden sprayer or water hose with spray nozzle. F. Perform personal and area air monitoring for at least the first three (3) days of the project in accordance with 29 CFR 1910.1001. Monitoring shall be done by either: 1) in-house certified abatement personnel; or 2) certified asbestos monitoring personnel from a certified outside source. G. Asbestos Warning signs and tape shall be posted in tear -off area. H. Based on air monitoring results, the contractor MUST execute a Written Negative Exposure Assessment Determination and keep on file at the project site along with air monitoring results. I. Use airtight chutes or mechanical means to lower ACM from the roof. The ACM must be wrapped in poly and removed daily. If ACM is NOT wrapped, the disposal container must be enclosed. Disposal: Can be disposed of as construction debris at any approved landfill. 3.04 DISPOSAL A. Collect and place demolished materials in containers. Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on -site. 1. Storage or sale of demolished items or materials on -site will not be permitted. B. Transport demolished materials off Owner's property and legally dispose of them. END OF SECTION 07591 MEMBRANE REROOFING PREPARATION 07591 - 6 SECTION 07620..e4 SHEET METAL AND MISCELLANEOUS ACCESSORIES PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Provide flashing and sheet metal components for moisture protection. 2. Related accessories. ri 1.02 SUBMITTALS A. Product Data: 1. Submit shop drawings, product data and mockups of all sheet metal. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers in satisfactory use in similar service for five (5) years. Use experienced installers. Deliver, handle and store materials in accordance with manufacturer's instructions. B. Reference Standards: Applicable portions of ASCE, SMACNA, ASTM and NAAMM publications. 1.04 WARRANTIES A. Manufacturer's Product Warranty: Submit manufacturer's standard limited product warranty signed by the manufacturer's authorized official, guaranteeing to correct failures in product which may occur during the warranty period, without reducing or otherwise limiting any other rights to correction which the Owner/Project Consultant may have under the contract documents. Failure is defined to include product failure which leads to interruption of a watertight installation. Correction may include repair or replacement of failed product. B. Contractor's Warranty Period: For roofing flashing and sheet metal, provide a written warranty which shall warrant work to be free of leaks and defects in materials and workmanship for two (2) years, starting from date of substantial completion. C. Defects of the sheet metal occurring during the warranty period shall be promptly corrected by the contractor, and defects of the roofing shall be promptly corrected by the manufacturer at no additional cost to the Owner. Upon notification from the Owner or the Owner's representative that evidence of a defect exists, the responsible party shall immediately inform the Owner's representative of the date on which corrective work will be scheduled, and shall notify the Owner's representative when the corrective work has been completed. H SHEET METAL AND MISCELLANEOUS ACCESSORIES 07620 -1 ( PART 2 - PRODUCTS 2.01 SHEET METAL MATERIAL A. Hot -dipped Galvanized Steel for use as continuous clips: Minimum 22-gauge, G-90, hot -dipped galvanized metal, commercial quality, ASTM A 525. B. Prefinished Galvanized Sheet Steel: Shall be 24-gauge flat stock, prefinished with Kynar finish meeting ASTM A 446, forty-five and one-half inches to forty-eight inches width by one hundred twenty inches in length (45-1/2" - 48" x 120") for use as new metal edge gravel guard, downspouts, gutters, coping and miscellaneous metal. Standard color to be selected by Owner/Project Consultant. C. Elvaloy® Cladded Metal: Shall be G-90 galvanized steel with 25 mil Elvaloy® membrane lamination; width shall be four feet, length shall be eight or ten feet. Standard color to be selected by Owner. D. Stainless Steel: QQ-S-766, Class 301, 302, 304, or 316; or ASTM A 167, Type 301, 302, 304, or 316; form and condition most suitable for the purpose. E. Aluminum and Aluminum Alloy Plate and Sheet: QQ-A-250; form, alloy, and temper shall be that most suitable for the purpose. F. Sheet Lead: QQ-L-201, Grade B. G. All existing sheet metal shall be replaced with new metal of like gauge and type, or as specified on drawings. 2.02 FASTENERS A. Fasteners shall be same metal as flashing/sheet metal, or other non -corrosive metal as recommended by sheet manufacturer for the specific application. Match finish of exposed heads with material being fastened. B. Fasteners and fastening plates or bars shall be listed in the FM Global Approval Guide. C. Fastener for Brick: Shall be one-fourth inch by two inches (1/4" x 2"), zinc with plated steel or stainless steel nail, one piece unit, flat head. D. Screws: Self -taping sheet metal type with neoprene washer, as appropriate. E. Pop Rivets: Full stainless steel Series 42 or 44, as appropriate. F. Continuous Clip: Concealed hold-down clip type; of same materials as coping, gravel guard, sized to suit application. Use a continuous clip, minimum 20-gauge G-90 galvanized. 2.03 RELATED MATERIAL A. Bituminous Paint: Acid and alkali resistant, black color. B. Plastic Cement: FS SS-C-153, cutback asphalt type. SHEET METAL AND MISCELLANEOUS ACCESSORIES 07620 - 2 C. Solder: QQ-S-571 composition best suited for purpose; use high tin content, minimum 60/40, for stainless steel and monel alloy. € D. Copper, Sheet, and Strip: QQ-C-576, ASTM B 370, light cold -rolled temper. E. Lead -coated Copper: ASTM B 101, Type I or II, Class A. F. Sealant (for Sheet Metal): One -component polyurethane, conforming to requirements of FS TT-S-230C, non -staining and non -bleeding. G. Miscellaneous Materials: 1. Downspout Boots: Cast iron by Neenah Foundry Company, or pre -approved equal, provide and install. 2. Splash Blocks: Concrete, 3000 psi, 28 days. Provide and install with protection pads at all downspouts. Dimensions shall be a minimum eighteen inches wide by thirty-six inches long (18" x 36"). 3. Metal Accessories: Provide sheet metal clips, straps, anchoring devices, and similar accessory units as required for installation of work, matching or compatible with material being installed, non -corrosive, size, and gauge required for performance. PART 3 - EXECUTION 3.01 INSPECTION A. Verify roof openings, curbs, pipes, sleeves, ducts or vents through roof are solidly set, cant strips and reglets in place, substrates are smooth and clean and nailing strips located. B. Verify membrane termination and base flashings are in place, sealed and secure C. Beginning of installation means acceptance of conditions. 3.02 PREPARATION A. Field measure site conditions prior to fabricating work. Provide all shop drawings and mock-ups one month prior to installation to the Owner/Project Consultant for approval B. Install starter and edge strips and cleats before starting installation. 3.03 FABRICATION - GENERAL A. Shop -fabricate work to greatest extent possible. Comply with details shown, and with applicable requirements of SMACNA "Architectural Sheet Metal Manual" and other recognized industry practices. Fabricate for waterproof and weather -resistant performance; with expansion provisions for running work, sufficient to permanently prevent leakage, damage or deterioration of the work. Form work to fit substrates. Comply with material manufacturer's instructions and recommendations. Form exposed sheet metal work without excessive oil -canning, buckling, and tool marks, true to line and levels as indicated, with exposed edges folded back to form hems. SHEET METAL AND MISCELLANEOUS ACCESSORIES 07620 - 3 1 B. Fabricate gravel stops/fascia, gutters/downspouts, counterflashings, pitch pans, expansion joints, and copings with new galvanized sheet metal as specified. Fabricate gravel guard and fascia to size and dimensions as indicated on the drawings. Fabricate light metal coping, gutters and downspouts as indicated. C. Form sheet metal on bending brake. D. Shape, trim and hand seam metal on bench insofar as practicable. E. Form materials with straight lines, sharp angles and smooth curves. F. Fold back edges on concealed side of exposed edge to form hem (1/2" minimum). G. Weld or solder joints on parts that are to be permanently and rigidly assembled. H. Submit sheet metal models for approval by the Owner/Project Consultant. Limit single -piece lengths to ten feet (10'). J. Fabricate corner pieces with eighteen inch (18") extensions, metered and sealed by forming as one piece. K. Surface sand flange prior to applying any primers on Kynar metal. L. Backpaint flashing in contact with masonry or dissimilar materials with bituminous paint. M. All existing or missing metal rooftop projections shall be replaced. New rooftop projection details shall be as recommended in NRCA or SMACNA handbooks. All rooftop projections shall be cleaned, all joints sealed, and painted with a rust inhibitive paint. Standard color to be selected by the Owner/Project Consultant. N. All sheet metal shall be sealed and watertight. O. Metal work should be secured so as to prevent damage from buckling or wind. Where clips are shown, these are to be continuous. P. All metal to receive bitumen or adhesive shall be first primed with asphalt primer. Q. All prefinished metal shall be sanded and/or abraded prior to receiving primer. R. Seams: Fabricate non-moving seams in sheet metal with flat -lock seams. For metal other than aluminum, tin edges are to be seamed, form seams, and solder. S. Expansion Provisions: Form expansion joints of intermeshing hooked flanges, not less than one inch (1") deep, filled with mastic sealant (concealed within joints). T. Sealant Joints: Where movable, non -expansion type joints are indicated or required for proper performance of work, form metal to provide for proper installation of elastomeric sealant, in compliance with industry standards. U. Separations: Provide for separation of metal from non -compatible metal or corrosive substrates by coating concealed surfaces at locations of contact, with bituminous coating or other permanent separation as recommended by manufacturer/fabricator. SHEET METAL AND MISCELLANEOUS ACCESSORIES 07620 - 4 V. Bed flanges of work in a thick coat of bituminous roofing cement where required for waterproof performance. 3.04 INSTALLATION A. General: All sheet metal termination to vertical wall shall have a through -wall with receiver installed on masonry walls or prefabricated "Z" bar flashing pre -installed to fluid applied wall finished prior to installation of sheet metal termination. This applies to edge metal, base flashing closures and all vertical surface intersections. Refer to NRCA, SMACNA, and metal manufacturer's guidelines. B. Elvaloy® cladded metal shall be fabricated as needed; follow these specifications and standard sheet metal practice for attachment to roof details. C. Gravel Guard/Fascia: 1. Shall be installed with expansion joints, ten feet (10') on center, one-fourth inch (1/4") expansion leeway, with a cover plate. 2. Secure metal flashings per specifications. 3. Lock seams and end joints. 4. Form sections identical to profiles as shown or approved similar, to match existing building. 5. Fabricate corner pieces with minimum eighteen inch (18"), maximum forty-eight inch (48") extensions, formed and sealed with rivets and sealant, as one piece. 6. Hem exposed edges three -fourths inch (3/4") minimum. 7. Backpaint flashing in contact with masonry or dissimilar materials with bituminous paint. Surface sand before applying primers. 8. Integrate flashing in a manner consistent with detailing. 9. Provide and install continuous clip around perimeter. 10. Shall be fabricated in accordance with all SMACNA provisions. D. Counterflashing: Remove existing and replace with new metal counterflashing as required for a permanent watertight installation. E. Gutter and Downspout: 1. Fabrication: a) Fabricate gutter and downspout of profile and size indicated. b) Field measure site conditions prior to fabricating work. c) Fabricate with required connection pieces. d) Fabricate section square, true, and accurate in size, in maximum possible lengths and free of distortion or defects detrimental to appearance or performance. e) Hem exposed edges of metal. f) Form and seal all metal joints; provide for expansion joints per SMACNA. 2. Installation: a) Install collector head, downspout, and accessories. _> b) Join lengths with seams pop riveted and sealed watertight. Flash and seal collector head to downspouts and accessories. c) Seal all metal joints watertight for full metal surface contact. d= d) Collector Head: SMACNA style profile; submit detail for approval. e) Downspouts: Rectangular profile. Seal all joints, four inches by six inches (4" x 6"). f) Support Brackets, Joint Fasteners: Profiled to suit gutters and downspouts. g) Anchorage Devices: SMACNA requirements. Type recommended by fabricator. z ; A SHEET METAL AND MISCELLANEOUS ACCESSORIES 07620 - 5 1 h) Collector Head Support: Kynar. Color and Finish to match, as recommended by SMACNA. i) Downspout Supports: Straps, Kynar. Color and Finish to match. F. Pitch Pans: 1. Install pitch pans of 24-gauge, G-90 galvanized steel with a 25 Mil Elvaloy® Kee membrane lamination according to NRCA standards, minimum of six inches by six inches (6" x 6"). 2. Pitch pans shall be fabricated to a minimum of six inches (6") above the finished roof membrane. The top vertical edge of the thermoplastic clad metal must be folded over to conceal the uncoated side of the metal inside the pitch pan. The pitch pan flange must be a minimum of three and one half inches (3.5") wide in contact with the horizontal roof plain or field of roof membrane. 3. Approved caulking or water block shall be applied under the pitch pan flange prior to securing the flange to the deck with approved fasteners a minimum of 4" on center. 4. All projections enclosed in pitch pans shall be cleaned in any manner suitable and coated with a rust inhibitive coating as approved by the Owner/Project Consultant. Coating shall be allowed to dry prior to pitch pan fill. 5. Base of pitch pans shall be filled with grout or cementitious binder to proper height and allowed to cure. 6. Top finish fill shall be self -leveling, one -part urethane, with maximum fill to within three -eighths inch (3/8") of top of pitch pan sides. 7. Strip the thermoplastic clad metal flange of the pitch pan to the field membrane with one strip of flashing membrane. The flashing membrane must extend from the outer edge of the pitch pan flange onto the field membrane a minimum of three inches (3") and butt to the vertical sides of the pitch pan on all 4 sides. The flashing membrane shall be hot air welded to the thermoplastic clad metal pitch pan and to the field membrane. Hot air welds shall be a minimum of two inches (2") wide. 8. Install preformed outside corners by hot air welding in place at all four (4) corners of the pitch pan. 9. Apply seam sealer to the edges of the flashing membrane. G. Bonnets/Hoods: 1. Fabricate and install above all pitch pans, where necessary, or reinstall as applicable, metal bonnets over all pitch pans, NO EXCEPTIONS. 2. Bonnets/Hoods shall be manufactured with metal compatible with metal to which bonnet is to be attached. 3. On beams and other steel weld in place bonnets fabricated from one-fourth inch (1/4") steel plate. 4. Draw band bonnets fabricated from 22-gauge galvanized steel may be used on circular projections. 3.05 FINISH A. Backpaint concealed metal surfaces with bituminous paint where expected to be in contact with cementitious materials or dissimilar metals. Exposed surfaces to be provided with a factory applied fluorocarbon Kynar finish meeting ASTM A 446 and AAMA specification 605.2 for high performance coating. i SHEET METAL AND MISCELLANEOUS ACCESSORIES 07620 - 6 B. New 24-gauge hot -dipped galvanized metal shall be painted on all locations visible from ' the ground with an industrial grade paint to match existing, or standard color selected by Owner/Project Consultant. Galvanized metal surface must be properly prepared by removing all oil, grease, and/or protective mill coatings by solvent cleaning surface in accordance with SSPC-SP1, and according to paint manufacturer's recommendation, to ensure proper adhesion of paint to metal. END OF SECTION 07620 H SHEET METAL AND MISCELLANEOUS ACCESSORIES 07620 - 7 SECTION 07720 ROOF ACCESSORIES PART 1 —GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Roof hatch 1.03 SUBMITTALS A. Product Data: For each type of roof accessory indicated. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes. B. Shop Drawings: Show fabrication and installation details for roof accessories. Show layouts of roof accessories including plans and elevations. Indicate dimensions, weights, loadings, required clearances, method of field assembly, and components. Include plans, elevations, sections, details, and attachments to other work. C. Coordination Drawings: Roof plans, drawn to scale, and coordinating penetrations and roof -mounted items. Show the following: 1. Size and location of roof accessories specified in this Section. 2. Method of attaching roof accessories to roof or building structure. 3. Other roof -mounted items including mechanical and electrical equipment, ductwork, piping, and conduit. D. Samples: For each type of exposed factory -applied finish required and for each type of roof accessory indicated, prepared on Samples of size to adequately show color. E. Warranty: Special warranty specified in this Section. 1.04 QUALITY ASSURANCE A. Sheet Metal Standard: Comply with SMACNA's "Architectural Sheet Metal Manual" details for fabrication of units, including flanges and cap flashing to coordinate with type of roofing indicated. 1.05 DELIVERY, STORAGE, AND HANDLING A. Pack, handle, and ship roof accessories properly labeled in heavy-duty packaging to prevent damage. 1.06 PROJECT CONDITIONS A. Field Measurements: Verify required openings for each type of roof accessory by field i_ measurements before fabrication and indicate measurements on Shop Drawings. ROOF ACCESSORIES 07720 - 1 B. Samples: Accompanying the submittal described above, submit samples of each sealant, each backing material, each primer, and each bond breaker proposed to be used. Include color samples of full standard product color range. 1.04 PRODUCT HANDLING A. Do not retain at the job site material which has exceeded the shelf life recommended by its manufacturer. B. Store products on site in compliance with the manufacturer's recommendations and as necessary to prevent damage or deterioration to the materials. 1.05 WARRANTY A. All sealants and caulking shall be provided with a five year manufacturer's warranty. PART 2 — PRODUCTS 2.01 SEALANTS AND CAULK A. Except as specifically otherwise approved by the Project Manager, use only the types of sealants described in this Section. Polysulfide sealants require manufacturer's corporate seal. B. Vertical surfaces and non -traffic bearing horizontal surfaces: 1. One -part Urethane Sealant: Sealant for use at coping joints, reglet joints, etc., shall be a one -component urethane non -sag, gun grade sealant designed for use in active exterior joints, and shall meet or exceed Federal Specification No. 1 TT-S-00230C, Type II, Class A, ASTM C 920. Where joint surfaces are contained or are contaminated with bituminous materials, provide manufacturer's modified -type sealant (modified with coal -tar or asphalt as required), as manufactured by Sonneborn (RC-708), or approved equal. 2. Silyl-terminated Polyether Sealant: To seal the leading edge of the CTEM membrane, to bond CTEM at terminations with metal, and for open CTEM seam repair, sealant shall be a thermosetting, solvent free, non -slump, self-fixturing, multipurpose structural sealant which shall meet the following physical and performance properties, M-1 as manufactured by Chem Link, Inc., or approved equal. Properties Specific Gravity 1.62 (13.5 lbs./gallon) Viscosity 800,000 cps Brookfield RTV, TF spindle, 4 rpm 70 degrees F. Shear Strength (ASTM D-1002) 300 psi+ (7 day ambient cure) Elongation @ break (ASTM D-412) 300% (7 day ambient cure) Hardness Shore A (ASTM C-661) 50 — 55 (14 day ambient cure) Tack free time (ASTM C-679) 35 minutes Low temperature flex Minus 20 degrees F: PASS Slump (sag) (ASTM C-639) Zero slump t Shrinkage (ASTM D-2453) No measurable shrinkage (14 cay cure) t' Service temperature -40 degrees F to 200 degrees F `' C. Colors 1. Colors for each sealant installation will be selected by the Project Manager from -' standard colors normally available from the specified manufacturers. i SEALANTS 07920 - 2_ �i 2. Should such standard color not be available from the approved manufacturer except I at additional charge, provide such colors at no additional cost to the Owner. 2.02 PRIMERS A. Use only those primers which are non -staining, have been tested for durability on the surfaces to be sealed, and are specifically recommended for this installation by the manufacturer of the sealant used. 2.03 BACKUP MATERIALS A. Use only those backup materials which are specifically recommended for this installation by the manufacturer of the sealant used, which are non -absorbent, and which are non- staining. B. Acceptable types include: 1. Closed -cell resilient urethane or polyvinyl -chloride foam; 2. Closed -cell polyethylene foam; C. Preformed support strips for ceramic tile control joint and expansion joint work: Use polyisobutylene or polychloroprene rubber. 2.04 BOND -BREAKER TAPE A. Polyethylene tape or other plastic tape as recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self-adhesive tape where applicable. 2.05 MASKING TAPE A. For masking around joints, provide masking tape complying with Fed Spec UU-T-106c. 2.06 JOINT PRIMER/SEALER A. Provide type of joint primer/sealer recommended by sealant manufacturer for joint surfaces to be primed or sealed. PART 3 — EXECUTION 3.01 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the work. Do not proceed until unsatisfactory conditions are corrected. 3.02 PREPARATION A. Concrete surfaces Install only on surfaces which are dry, sound, and well brushed, wiping free from dust. 1. At open joints, remove dust by mechanically blown compressed air if so required. 2. Use solvent to remove oil and grease, wiping the surfaces with clean rags. SEALANTS 07920 - 3 3. Where surfaces have been treated, remove the surface treatment by sandblasting or wire brushing. { 4. Remove laitance and mortar from joint cavities. 5. Where backstop is required, insert the approved backup material into the joint cavity to the depth needed. s B. Steel surfaces 1. Steel surfaces in contact with sealant: Sandblast as required to achieve acceptable surface for bond. a) If sandblasting is not practical, or would damage adjacent finish, scrape the metal or wire brush to remove mill scale. b) Use solvent to remove oil and grease, wiping the surfaces with clean rags. 2. Remove protective coatings on steel by sandblasting or by using a solvent which leaves no residue. C. Aluminum surfaces 1. Aluminum surfaces in contact with sealant: Remove temporary protective coatings, dirt, oil, and grease. When masking tape is used for protective cover, remove the tape just prior to applying the sealant. 2. Use only such solvents to remove protective coatings as are recommended for that purpose by the manufacturer of the aluminum work, and which are non -staining. 3.03 INSTALLATION OF BACKUP MATERIAL A. Use only the backup material recommended by the manufacturer of the sealant used, and .approved by the Project Manager for the particular installation, compressing the backup material 25 to 50 percent to achieve a positive and secure fit. B. When using backup of tube rod stock, avoid lengthwise stretching of the material. Do not twist or braid hose or rod backup stock. 3.04 PRIMING A. Use only the primer recommended by the manufacturer of the sealant, and approved by the Project Manager for the particular installation, applying in strict accordance with the manufacturer's recommendations as approved by the Project Manager. 3.05 BOND -BREAKER INSTALLATION A. Provide an approved bond -breaker where recommended by the manufacturer of the sealant for preventing the sealant to adhering to rigid, inflexible joint filler materials or to joint surfaces at back of joint where such adhesion would result in sealant failure. Adhere strictly to the installation recommendations as approved by the Project Manager. 3.06 INSTALLATION OF SEALANTS A. Prior to start of installation in each joint, verify the joint type according to details on the Drawings, or as otherwise directed by the Project Manager, and verify that the required proportion of width of joint to depth of joint has been secured. B. Comply with ASTM C1193 for application of joint sealants. SEALANTS 07920 - 4 C. Equipment: �^ 1. Apply sealant under pressure with power -actuated or hand gun, or by other appropriate means. 2. Use guns with nozzle of proper size, and providing sufficient pressure to completely fill the joints as designed. D. Thoroughly and completely mask joints where the appearance of sealant on adjacent surfaces would be objectionable. E. Install the sealant in strict accordance with the manufacturer's recommendations as approved by the Project Manager, thoroughly filling joints to the recommended depth. F. Tool joints to the profile shown on the Drawings, or as otherwise required if such profiles are not shown on the Drawings. G. Do not install sealant when air temperature is under 40 degrees F.Sealant temperature re to be at least 50 degrees F; controlled warming permitted to ease installation. YH. Cleaning up: 1. Remove masking tape immediately after joints have been tooled. 2. Clean adjacent surfaces free from sealant as the installation progresses, using solvent or cleaning agent recommended by the manufacturer of the sealant used. END OF SECTION 07920 SEALANTS 07920 - 5 SECTION 15150 SANITARY WASTE AND VENT SPECIALTIES (Vent Pipe Extensions) PART1-GENERAL 1.01 SECTION INCLUDES A. Plumbing vent pipe extension fittings. 1.02 RELATED SECTIONS A. Division 07 Section "Preparation for Reroofing" for general requirements for preparation for building reroofing including coordination of related plumbing and mechanical work. B. Division 22 Section "Sanitary Waste and Vent Piping" for general requirements for waste and vent piping. 1.03 REFERENCES A. ASTM International (ASTM): 1. ASTM C 920 Specification for Elastomeric Joint Sealants. 2. ASTM D 2564 Standard Specification for Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Piping Systems. 3. ASTM D 2665 Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Drain, Waste and Vent Pipe and Fittings. 4. ASTM F 656 Standard Specification for Primers for Use in Solvent Cement Joints of Poly(Vinyl Chloride) (PVC) Plastic Pipe and Fittings B. International Association of Plumbing and Mechanical Officials (IAPMO): 1. Universal Plumbing Code (UPC US and Canada) approvals. C. National Roofing Contractors Association (NRCA): 1. NRCA Roofing Manual, Latest Edition. D. NSF International (NSF): 1. NSF/ANSI 14 — Plastics Piping Systems Components and Related Materials. 1.04 ACTION SUBMITTALS A. Product Data: For plumbing vent pipe extensions, indicating mounting and securing requirements and extended heights required. B. Shop Drawings: Submit annotated copy of roof plan indicating locations of plumbing vents requiring pipe extensions, based upon Contractor's field verification of existing conditions and requirements of applicable of plumbing code. 1. Indicate details of completed roofing flashing configuration for all locations. Include reference to applicable NRCA plate number. SANITARY WASTE AND VENT SPECIALTIES 15150 -1 1.05 INFORMATION SUBMITTALS A. Manufacturer's Certificate: On roofing membrane manufacturer's letterhead, accepting use of proposed sealant in contact with roofing membrane. 1.06 QUALITY ASSURANCE A. Comply with NSF/ANSI 14, "Plastics Piping Systems Components and Related Materials," for plastic piping components. B. Comply with flashing requirements shown in NRCA Roofing Manual. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Basis -of -Design Product: Subject to compliance with requirements, provide sanitary vent pipe extensions manufactured by Tubos, Inc., Clearwater, FL; Phone (727) 504-0633, infoa-tubos.biz. 2.02 MATERIALS A. Solid -Wall PVC Pipe: ASTM D 2665, drain, waste and vent. B. Sealant: Single -Component, Nonsag, Urethane Joint Sealant: ASTM C 920, Type S, Grade NS, Class 25, for Use NT, and acceptable to roofing membrane manufacturer. 2.03 PLUMBING VENT PIPE EXTENSION A. Roof Vent Pipe Extension: Solid -wall PVC fitting consisting of pipe and splice sleeve inserts, configured for insertion and sealing to existing plumbing vent piping, sized to fit inside diameter of plumbing vent piping, enabling extension of piping to field -determined height. PART 3 - EXECUTION 3.01 EXAMINATION A. Examine each pluming vent piping location to determine required plumbing vent pipe extensions based upon minimum finished height requirements and measured existing conditions. Indicate plumbing vent pipe extensions on shop drawings. 1. Examine existing plumbing vent piping conditions and determine whether flashing reuse is acceptable or whether replacement of flashing is required. Indicate flashing replacement locations on shop drawings. 3.02 PREPARATION A. Remove existing flashing from plumbing vent piping to extent required to enable installation of new plumbing vent pipe extensions and completion of flashings. ITARY WASTE AND VENT SPECIALTIES 15150 - 2 B. Clean plumbing vent piping to ensure that joint surfaces are clean, dry and free from contamination including dirt, oils, grease, tar, wax, rust and other substances that my inhibit adhesive or sealant performance. 3.03 INSTALLATION OF PLUMBING VENT PIPE EXTENSIONS A. Insert end of plumbing vent pipe extension into existing plumbing vent piping. 1. Verify circumference of existing plumbing vent piping and plumbing vent pipe extension are appropriate to achieve secure, rigid installation. 2. Mark plumbing vent pipe extension at required height above finished roof surface level, and cut to required length. 3. Apply adhesive or sealant to plumbing vent piping as appropriate to existing pipe material and plumbing vent pipe extension, and mate plumbing vent pipe extension to existing piping. Apply adequate adhesive or sealant to achieve secure, rigid installation. B. Flashing: Comply with primary roofing material manufacturer's published recommendations for installation of approved pipe flashings. Match existing flashing material unless otherwise directed. 3.04 CLEANING AND PROTECTION A. Repair or replace defective work, include loose plumbing vent extensions, or unsecured flashings or flashings that are not weathertight. END OF SECTION 15150 SANITARY WASTE AND VENT SPECIALTIES 15150 - 3 it i1 ity of )bo&k TEXAS SOUTHEAST WATER RECLAMATION PLANT HEADWORK FACILITY ROOF REPLACEMENT PACKAGE CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 ARMKO INDUSTRIES, INC. 7302 82ND STREET, SUITE 14 LUBBOCK, TX 79424 PH 806-833-6953 FAX 806-833-8539 Lei w ARMS T. PAgWAred 9vk—irq F4m F-&M 7302 E2M sr..LsuP. 1/ Lubbocl , Tx �eoe�asegss 9 �a HE 1 ao% cans7rtucTroN ocuLlErrrs U Q Lu �o Lu �=a D�w= vOiaWw Q:� ZUQ o°g¢� Lu o LL OUOopmp aLu 0 ) COVER PAGE JOB 20170117.1! DATE 01.18.17 MAM BT: CS MEET G 1.00 2 w . 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