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HomeMy WebLinkAboutResolution - 2019-R0094 - WR Construction - 03_26_2019 (2)Resolution No. 2019-R0094 Item 7.13 March 26, 2019 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, Public Works Contract No. 14489 for Avenue O Planter Renovations as per ITB 19-14489-FM, by and between the City of Lubbock and WR Construction, Inc., 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 March 26, 2019 DANIEL M. POPE, MAYOR ATTEST: Re ecca Garza, City Secr Ury APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Ry Br ke, As stant City Attorney ccdocs/RES.PW Contract 14489 — Avenue O Planter Renovations February 26, 2019 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 it 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. 2019-460043 WR Construction Inc. Lubbock, TX United States Date Filed: 03/05/2019 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. ITB 19-14489-FM Avenue O Planter Renovations 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Robisnon, Jayson Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ,� nL}rLY`�?15 �� and my date of birth is _ My address is if l (street) (city) (state) (zip code.) (country) I declare under penalty of perjurythat [he foregoing is true and correct. Executed in _. L Ltd L�i3cx_ County, State of _ l �,ti.�i 5 on the _ day of, nicL. 20--L. (month) (year) �S�_ Sidra r .e authorized dgent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.stateums Version V1.1.28ab6150 CERTIFICATE OF INTERESTED PARTIES FORM 1Z9S 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: I Name of business entity filing form, and the city, state and country of the business entity's place of business. 2019-460043 WR Construction Inc. Lubbock, TX United States Date Filed: 03/05/2019 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: 03/08/2019 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. ITB 19-14489-FM Avenue O Planter Renovations 4 Name of Interested Part y , State Country lace of business City, y (p ) Nature of interest (check applicable) Controlling I Intermediary Roblsnon, Jayson Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.1.28ab6150 ADDENDUM 2019 - R bc) IV ADDENDUM I Extended Closing Date & Clarifications ITB 19-14489-FM Avenue O Planter Renovations DATE ISSUED: February 13, 2019 NEW CLOSE DATE: February 21, 2019 at 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Extended Closing Date The closing date has been extended to Thursday, February 21, 2019, at 2:00 PM CST. Clarifications There are eleven existing bench alcoves built into the planter walls. The benches were removed several years ago. What remains are four steel tabs, approximately 1/2" x 4", projecting from the alcove walls, a total of 44 steel tabs. As the quarry tile and mortar are being removed in preparation for the specified new planter wall coating, each of the steel tabs must be cut off and ground flush with the face of the concrete planter wall substrate. Once cut off and ground flush, the steel must be treated with a rust preventative that is compatible with the new coating outlined on Sheet A4 and Section 09960-Special Coatings. 2. The existing landscape projects over the top of the planter walls. The City of Lubbock is to trim the plants back to within the planter boundaries. The contractor should not have to trim any of the plants prior to starting the demolition work. 3. Each planter is lined with water proof mastic. The mastic extends up the planter walls, overlapping the edge of the first course of quarry tiles. According to sampling test results, the mastic contains asbestos. The City of Lubbock is responsible for removing the mastic immediately in the vicinity of the first course of quarry tiles. The mastic is to be removed down to a level that is near the existing level of planter soil, about six inches away from the planter repair scope of work. The contractor shall take precautions to not disturb the remaining mastic. As the contractor's work progresses, if any mastic is discovered within the planter renovation scope of work zone, the contractor is to stop work in that area and contact the project's City of Lubbock representative. No work is to resume in the discovered area until the project's City of Lubbock representative gives the contractor permission to continue work in the area. 4. Bases of the existing light standards sitting on top of the planter walls have two bolts holding the halves together. The planter renovation contractor is to carefully unbolt the base, protect from damage, and store for re -installation after the renovation work is completed. Provide a protective wrap around the light standards to keep any of the new coatings off the light standards. Contractor t is responsible for replacing any existing light standard bases that are damaged or become missing. It L is suggested that the contractor and project City of Lubbock representative walk the work zone together, count the light standard bases, photograph any existing damaged bases, and document any _ existing conditions concerning the light standards before any demolition work begins. All requests for additional information or clarification must be submitted in writing and directed to: - Fernando Moncada, Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to FMoncadaga,mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, 9e""4 4 W&N"& CITY OF LUBBOCK Fernando Moncada Buyer City of Lubbock Purchasing and Contracts Management Office rl It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Director of Purchasing and Contract Management if anyanguage, requirements, etc., or any combinations thereof, inadvertently restricts or - limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the a Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. 2 City of Lubbock, TX ITB 19-14489-FM Avenue O Planter Renovations Contractor Checklist Before submitting your bid, please ensure you have completed and included the follow they are listed. The contractor is only to submit (1) one original unbound copy of every it 1. Carefully read and understand the plans and specifications and pr SUBMITTAL FORM. Signatures must be original, in blue or black ink, binds himself on acceptance of his bid to execute a contract and any r to the accompanying forms, for performing and completing the so stated and for the prices stated below. The bidder MUST submit his 1 the City, and all blank spaces in the form shall be correctly fille4 numerals for which he intends to do the work contemplated or furni: Such prices shall be written in ink, distinctly and legibly, or typewritti between the unit price and the extended total for a bid item, the unit that has been opened may not be changed for the purpose of corre price. Include corporate seal and Secretary's signature. Identify addench firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY nun 2.yL Include BID BOND or CASHIER'S OR CERTIFIED CHECK as yo provide a bid surety WILL result in automatic rejection of your bid. 3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREM Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your compan outside of the envelope or container. 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing Office prior to the deadline. Late bids will not be accepted. b. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTH FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. K_ Complete and submit the CONFLICT OF INTEREST QUESTIONNAIR 9. v/ Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel 10. _1/ Complete and submit the LIST OF SUB -CONTRACTORS. 11. Complete and submit the FAL LIST OF SUB -CONTRACTORS. documents in the order listed. iperly complete the BID and by hand. The bidder equired bonds, according A work within the time iid on forms furnished by in, stating the price in h the materials required. n. In can of discrepancy price will be taken. A bid .ting an error in the bid received (if any). Include bid surety. Failure to AFFIDAVIT. name and address on the Contract Management responses must be TION. Include f rm's 12. Please acknowledge and submit the ONLINE DISCLOSURE OF STED PARTIES FORM 1295 within the specified time according to Texas Government Code 2251908 using the Texas Ethics Commission website. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOU BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUAT . PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. WR Constriction, Inc_ (Type or Print Company Name) Page Intentionally Left Blank INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT M 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND -- 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 10. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 11. GENERAL CONDITIONS OF THE AGREEMENT 12. CITY OF LUBBOCK WAGE DETERMINATIONS 13. SPECIAL CONDITIONS (IF APPLICABLE) 14. SPECIFICATIONS 3 r NOTICE TO OFFERORS NOTICE TO BIDDERS ITB 19-14489-FM Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. on February 13, 2019, 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: Avenue O Planter Renovations -x After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 p.m. on February 13, 2019, and the City of Lubbock City Council will consider the bids on February 25, 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 bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should 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 AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. The estimated budget for the construction phase of this project is $200,000. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on February 5, 2019, at 11:00 a.m., at 1501 Mac Davis Ln, Lubbock Memorial Civic Center, Terrace Suite, Lubbock, TX 79401. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from http://www.bidsync.com at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's 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 bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Marta Atvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT VI GENERAL INSTRUCTIONS TO OFFERORS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Avenue O Planter Renovations per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. on February 13, 2019, at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 19-14489-FM, Avenue O Planter Renovations" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. s1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held February 5, 2019, at 11:00 a.m., at 1501 Mac Davis Ln, Lubbock Memorial Civic Center, Terrace Suite, Lubbock, TX 79401. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. a 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request - of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only __, 5 i information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. Ij 7 LICENSES PERMITS TAXES _! t t - The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, „ s conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 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 bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR . ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: t Fernando Moncada, Buyer City of Lubbock Purchasing and Contract Management Office 1625 13a' Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: FMoncada@mylubbock.us Bidsync: www.bidsyne.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 180 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 7 i 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, t 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. 13.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 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 parry 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 I 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. i 8 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 l . The contractor will, upon written request, be furnished up to five 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 R, to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 1° - 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. -_ (c) Equipment schedule. 20 TEXAS STATE SALES TAX Y 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES _ It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained b the p p p Y Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further 9 use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 1 10 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 Sunday 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 Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors 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 ($60) 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. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 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 bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name: WR Construction, Inc. 29.3.2 Bid for "ITB 19-14489-FM, AVENUE O PLANTER RENOVATIONS" 11 30 31 32 29.3.3 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. i- 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID , SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (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 bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall f imish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. BID AWARD 12 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications - - may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 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. 34 PREVAILING WAGE RATES 34.1 Bidders 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 _a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 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. 13 f 34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($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. °. it Fil P-j 14 I BID SUBMITTAL FORM I I BID SUBMITTAL FORM LUMP SUM PRICE BID CONTRACT PROJECT NUMBER: ITB 19-14489-FM, Avenue O Planter Renovations Bid of WE Construction, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Avenue O Planter Renovations, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The 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. ITEM NO. DESCRIPTION TOTAL LUMP SUM Contractor shall provide services for the Avenue O Planter Renovations. Base bid $ 117 000.00 1, consists of the materials & labor for the necessary improvements for the above referenced project, as specified herein. One Hundred Seventeen Thousand Dollars 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 180 Consecutive Calendar Days as stipulated in Lthe specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $25 for each consecutive calendar day after substantial completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 70 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he finther agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, 16 I payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him :5�u Bidder's Initials Nly 17 [ Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (S ) or a Bid Bond in the sum of 5% Dollars (S ?, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(g), a Date:g 201} competitive sealed bid that has been opened may not be D�� changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE A46fi-zo-Wkature MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. .�:riM��„(Printed or Typed Name) (Seal if Bidder is a Corporation) ATT T: s SFAL •••.......••• CBidder acknowledges receipt of the following addenda: Addenda No. I Date 2/13/2019 Addenda No, Date Addenda No. Date Addenda No. Date j,k, _ WR construction. Inc. i0*' Company Z 5912 CR 6300 Address Lubbock Lubbock dos City, County r+ Texas 79416 State Zip Code Telephone: 806_ - 687-1915 Fax: 806 - 687-1925 FEDERAL TAX ID or SOCIAL SECURITY No. EMAIL: darinawrgeencnn-ine-enm M/WBE Firm: I i Woman I I Black American Native American Hismic American I I Asian Pacific American Other S i FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50,000): Date P.OJContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITO NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 18 Bid Bond Surety Department KNOW ALL MEN BY THESE PRESENTS, That we, WR Construction. Inc., as Principal, hereinafter called the Principal, and the SureTec Insurance Company, a Corporation created and existing under the laws of the State of Texas, whose principal office is in Houston. TX, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Lubbock, Texas, as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Greatest Amount Bid ($----- 5%------), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for Avenue O Planter Renovations NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of February, 2019. Attest: By: ix Witness: Form S-32664 Printed in U.S.A. I2-70 WR Construction, Inc. SureTec Insurance Company By ,a• N.� 1 -'- ppw p, 4221092 SureTec Insurance Company LIlVMED POWER OF ATTORNEY Know All Men by 77tese Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Tracy Tucker, W. Lawrence Brown, Steven M. Tucker, Kevin J. Dunn, Tanner Langston, Bennett Brown its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and OOh 00 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fad may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and ad for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 200 of April, )999.) In Witless 1#*ereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this sm day of April A.D. 2018 . SURETEC INS ANY By: u�r W x-D• John Kno ., CE State of Texas ss: County of Hams On this sth day of Wi , A.D. 2oia before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACOUF YN GREENLEAF y {t fit; Notary Public, State of Texas 1="•r.� Comm Expires 05•t8-2021 _ Qf �`` Notar ID t 2s9o3o29 Jac 1 Greenlee Notary Public nvu„P Y a Yn t f' My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. `` Given under my hand and the seal of said Company at kou'sston, Texas this day of FA"-" 01 iq A.D. Bred Beaty, AWbtint tary Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (7131012-0890 any business day between 6:30 am and 6:00 err CST. Page Intentionally Left Blank City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Bidder Must be submitted with Bid 1, the undersigned Bidder, certify that the insurance requirements contained in this bid 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, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. CC"actor ( al i ture) Contractor rint) CONTRACTOR'S BUSINESS NAME: WR Construction. Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: Sg12 CR 6mo Lubbock. TX 79416 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management Office for the City of Lubbock at (806) 775-2572. ITB 19-14489-FM Avenue O Planter Renovations I Paiie Intentionally Left Blank City of Lubbock, TX 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 bids 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 bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereoL The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder 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 from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: OUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, 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 bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid 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. "�V\I�idder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, 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 bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, 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 from serious bodily injury or death? YES NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. President Title 2 City of Lubbock, TX Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and 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: WR Construction. Inc. FEDERAL TAX ID or SOCIAL SECURITY No. 54-2120321D Signature of Company Office Printed name of company official signing above: Date Signed: Februrary 21.2019 3 City of Lubbock, TX Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel House Bill 89, adopted by the 85`h Legislature, created §2270.001, Texas Government Code, Section Subtitle F, Title 10, requires a company entering to a contract with a governmental entity or state agency to verify that the company: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (Effective September 1, 2017) I, the undersigned agent for the company named below, certify that the Company does not boycott Israel and will not boycott Israel during the term of the contract. • 1' I WR Construction. Signature of Company Date Signed. Februraa 21. 2019 Printed name of company official signing above: 4 LIST OF SUB -CONTRACTORS [ I h ITB 19-14489-FM Avenue O Planter Renovations LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1- Anson Hargrove Lub mj TX Paint ❑ ❑ 2• WR Construct', on, Inc. „Lubbock, TX Demolition ❑ 0 3. ❑ ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7, ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ Cl 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ Company Address Lubbock Lubbock City, County Texas 79416 State Zip Code Telephone: 8( _ - 687-1915 Fax: 906 - 687-1925 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO 2 ITB 19-14489-FM Avenue 0 Planter Renovations v, FINAL LIST OF SUB CONTRACTORS Company Name Location 1. WR Construction Lubbock 2. Anson Hargrove & Associates Lubbock 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Company WR Construction, Inc. Address 5912 CR 6300 City, county -Lubbock -Lubbock State Texas Zip Code 79416 Telephone: 806 - 687-1915 Fax: 806 - 687-1925 Minority Owned Services Provided Yes No Demolition ❑ Im Painting ❑ M ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 3 I I PAYMENT BOND Bond No. 5263423 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 WR Construction, Inc. (hereinafter called the Principal(s), as Principal(s), and Markel Insurance Company (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 Seventeen Thousand Dollars ($117,000) 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 26th day of March, 2019, to ITB 19-14489-FM Avenue O Planter Renovations 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 3rd day of April 52019 Markel Insurance Company Surety *BY J itle) 'Tanner angston, Attorney -In -Fact WR Construction, Inc. (Company Name) Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Tanner Langston 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. Markel Insurance Company Surety * By — itle) -- anner on, Attorriey--In-Fact Approved as to form: City of Lubbock By: Cit A rney * Note: If signed by an Office 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. PERFORMANCE BOND I Bond No. 5263423 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 WR Construction, Inc. (hereinafter called the Principal(s), as Principal(s), and Markel Insurance Company (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 Seventeen Thousand Dollars ($117,000) 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 26th day of March, 2019, to ITB 19-14489-FM Avenue O Planter Renovations 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 3rd day of April , 2019. Markel Insurance Company Surety *B itle) Tanner Langston, Attorney -In -Fact WR Construction, Inc. (Company Name) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Tanner Langston 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. Markel Insurance Company Surety *By:_' ___-_-_____. itle) Tanner L gston, Attorney -In -Fact Approved as to Form City of Lubbock By: CX J_�� City me * Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 Pom 4221092 Markel Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That MARKEL INSURANCE COMPANY (the "Company'), a corporation duly organized and existing under the laws of the State of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint Tracy Tucker, W. Lawrence Brown, Steven M. Tucker, Kevin J. Dunn, Tanner Langston, Bennett Brown its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings of other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution of the Board of Directors of Markel Insurance Company: RESOLVED, that the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary or Assistant Treasurer shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for on behalf of the Company, subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney - in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Secretary. FURTHER RESOLVED, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. In Witness Whereof, MARKEL INSURANCE COMPANY has caused these presents to be signed by its Senior Vice President, and its corporate seal to be hereto affixed this 21st day of January . 2019 . Commonwealth of Virginia Henrico County MARKEL INS COMPANY BY: fir. 4 L�✓'��� Robin Russo, Senior Vice President On this 21st day of January 2019 before me personally came Robin Russo, tome known, who being by me duly sworn, did depose and say that he resides in Henrico County, Virginia, the he is Senior Vice President of MARKEL INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. By:_ ci sey Gaun P� _ NolaryaPubi c, State of Texas] Casey Gaun otary Public Notary I D# 122913 My Commission Expir A March 30, 202 1, Richard R. Grinnan, Vice President and Secretary of MARKEL INSURANCE COMPANY, do hereby certify that the above and foregoing is true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and, furthermore, the resolutions of the Board of Directors, set out in the Power - of Attorney are in full force and effect. PIA y} Given under my hand and the seal of said Company at Glen Allen, Virginia thiy day of ...i By: f S�- Richard R. Grinnan, Vice President and Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this Power yor may call (713) 812-0800 on any business day between 8:30 AM and 5:00 PM CST. Markel Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: Markel Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ,_; Texas Rider 06042014 1 CERTIFICATE OF INSURANCE 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 further hereinafter described. Exceptions to standard policy noted hereon. 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) $ D 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 $ 11 BUILDER'S RISK D. 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ G Included Statutory Limits Partners/Executive G Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER 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 (Name of hlsurer) MUST BE SENT TO THE CITY OF LUBBOCK 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. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: V (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; V (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; '(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; V(4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; --y—'(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: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. i i REQUIRED WORKERS' COMPENSATION COVERAGE Fi "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 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 (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for t the duration of the project; (B) . provide a certificate of coverage to the contractor prior to that person beginning work on the V project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. t J CONTRACT Contract 14489 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26" day of March, 2019, 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 WR Construction, Inc. of the City of Lubbock, County of Lubbock and the * State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: L, ITB 19-14489-FM Avenue O Planter Renovations Tand 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 Conditions of Agreement. WR Construction, Inc.'s bid dated February 21". 2019 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: WR Construction, Inc. _ f By; PRINTED N f4r4E:,,a "S A, - TITLE u COMPLETE ADDRESS: WR Construction, Inc. 5912 CR 6300 Lubbock, TX 79416 ATT T: Corporat Secretary { CITY OF UBBOC , T S (OWNER): By: Daniel M. Pope, Mayor ATTEST: Rebec Garza, City Secretary AP D AS TO CONTENT: n Thomason, Civic Center Director APPROVED AS TO FO . Ry B oke, ssistant City Attorney CONFLICT OF INTEREST QUESTIONNAIR CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 80 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. H 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). ' B law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later Y q tY rY g tY than the 7 h 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 i_ g g p Y (� g p )• 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 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 ht!p://www.ci.lubbock.tx.us/departmental- websites/departments/purchasing/vendor-information I 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, signing, 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. 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 form1295.htm GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit WR Construction, Inc. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Lisa Thomason, Civic Center Director, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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 RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished 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. 11 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 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. a, 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, determine the amounts and'quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the 4 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. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all i—, 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. a 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. - 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The 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 I 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 j other applicable organization as may be required by law or the contract documents. _a If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either 1 before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, j alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations 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 f' 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 workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that -- such price shall include all appurtenances necessary to complete the work in accordance with the intent of these 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 t in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans - and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 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. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. 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 i, 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. t 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. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation t_ j required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and $1,000,000 per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (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 and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) — 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 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental -- entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has i 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 (f' 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 foodibeverage 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. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: Z (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; y - (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. I J 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the -- governmental entity. 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. I_A (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' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 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 project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental. entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to Job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS 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 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 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 $25 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 in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of - specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, 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. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 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 x the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TEVM OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion T of this project, taking into consideration the average climatic range and industrial conditions prevailing in this y 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 workers, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 11 y 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 quantities32 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 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK 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 M 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 shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD e Owner r Owner's Representative may, on account of subsequently discovered evidence withhold or nullify The O o P Y, q Y the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: _LL (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, 3_ ; (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-CONIPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of persons and use of machinery, equipment, tools, materials and k -' supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the j Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum L,} 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 t available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. L-- 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in I 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 r 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 1 conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. IJ 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the ; City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts I 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 I 1, t vthe 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. hi 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. 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 that has been misclassified (Texas Government Code Section 2155.001). 60. 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 µ prior conflicting terms shall be of no force or effect. 61. 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/purchasing/vendor-information 62. SB 252 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist 1 organization. 63. HB 89 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. I I CITY OF LUBBOCK WAGE DETERMINATIONS i EXHIBIT A City of Lubbock Building Construction Prevailing Wage Rates Craft Hourly Rate Automatic Fire Sprinkle Fitter, Certified 28.00 Block, Brick, and Stone Mason 23.00 Carpenters -Acoustical Ceiling Installation 16.00 Carpenter -Rough 13.00 Carpenter -All other work 16.50 Caulker/Sealers 12.00 Cement & Concrete Finishers 16.67 Commercial Truck Drivers 10.26 Crane & Heavy Equipment Operator 20.00 Door & Hardware Specialist 16.00 Drywall and Ceiling Tile Installers 16.00 Drywall Finishers & Tapers 12.00 Electrician 21.21 Floor Layers -Carpet and Resilient 18.00 Floor Layers -Specialty 18.00 Floor Layers -Wood 18.00 Glaziers 17.00 Heating, Air Conditioning & Refrigeration Svc. Tech 21.31 HVAC Mechanic Helper 13.62 HVAC Sheet metal Ductwork Installer 19.30 HVAC Sheet metal Ductwork Installer Helper 13.85 Insulation Workers -Mechanical 12.00 Irrigator -Landscape Certified 13.50 Laborer: Common or General 11.65 Laborer: Mason Tender -Brick 17.00 Laborer: Mason Tender-Cement/Concrete 16.92 Laborer: Roof Tear off 11.09 Roofer 17.44 Painters (Brush, Roller & Spray) 12.00 Paper Hanger 13.00 Pipe Fitters & Steamfitters 24.10 Plaster, Stucco, Lather and EIFS Applicator 17.00 Plumber/Medical Gas Installer 22.83 Plumber Helper 14.20 EXHIBIT B City of Lubbock Heavy and Highway Prevailing Wage Rates Craft Hourly Rate Power Equipment Operator -Tower Crane 30.00 Hydraulic Crane Operators 60 tons & above 32.00 Operator Backhoe/Excavator/Truck hoe 20.25 Bobcat/Skid Steer/Skid Loader 15.22 Drill 16.00 Grader Blade 18.00 Loader 18.00 Mechanic 22.85 Paver (Asphalt, Aggregate, & Concrete) 17.00 Roller 15.00 Reinforcing Iron & Rebar Workers 14.33 Sheet Metal Workers, Excludes HVAC Duct Installation 21.38 Structural Iron & Steel Workers/Metal Building Erector 15.00 Asphalt Distributor Operator 16.50 Asphalt Paving Machine Operator/Spreader Box Operator 18.75 Backhoe Operator 18.00 Cement Mason/Concrete Finishers (Paving Structures) 15.00 Crane Operator (Hydraulic) 25.00 Electrician 17.50 Laborer 13.50 Laborer, Common 15.64 Laborer, Utility 13.50 Crane, Lattice Boom 80 Tons or Less 30.00 Loader/Backhoe 18.00 Roller/Other 15.00 Welder Certified/Structural Steel Weld 25.00 EXHIBIT C City of Lubbock Overtime Legal Holiday Prevailing Wage Rates The rate for overtime (in excess of forty hours per week) shall be as required.by the Fair Labor Standards Act. The rate for legal holidays shall be as required by the Fair Labor Standards Act. Fil � {..\ � L: SPECIFICATIONS [� � Project Book �o. Cityof Lubbock 1[N15 Lubbock Memorial Civic Center Avenue `0' Planters Renovations 1501 Mac Davis Lane Lubbock, Texas CHA, Inc. Project 1802 August 24, 2018 Chapman Harvey Architects, Inc. 612 Broadway Lubbock, Texas 79401 806-749-1153 fax 749-1866 Set No. Lubbock Memorial Civic Center August 24, 2018 CONSULTANT'S PROFESSIONAL RESPONSIBILITY Project: City of Lubbock Lubbock Memorial Civic Center Ave '0' Planters Renovations CHA Project Number 1802 Documents Dated 08-24-18 The specification sections to be authenticated by my seal and signature are limited to the following: Section 01700 — Contract Closeout Section 02050 - Demolition Section 07900 — Joint Sealers Section 09960 — Special Coatings � Al) 4 END OF TABLE OF CONTENTS Qg Hq�L J� tr By: Larry Harvey, AIA Texas Registration # 11548 T Chapman Harvey Architects, Inc. 612 Broadway Lubbock, Texas 79401 (806) 749-1153 Texas Board of Architectural Examiners Firm Registration #BR961 6MLftW=PAJ=Im SECTION 01700 CONTRACT CLOSEOUT PARTI GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Project record documents. D. Project Record Binders. E. Warranties and Certificates. F. Spare parts and maintenance materials. 1.3 CLOSEOUT PROCEDURES A. Final payment will be authorized only after all requirements of this section have been met, all punch list items have been completed and verified by the owner, updated record documents have been delivered to the owner, and complete operation and maintenance manuals have been delivered to the owner. Submit final application for payment identifying total adjusted contract sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean new planter wall surfaces exposed to view. C. Clean exterior light fixtures mounted to planter walls. D. Clean and remove debris in and around planter walls. E. Clean site; sweep paved areas and rake clean landscaped surfaces. F. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the work: 1. Contract drawings. 2. Specifications. 3. Addenda. 4. Change orders and other modifications to the contract. CONTRACT' CLOSEOUT 01700 - 1 r. 1 L Augum 24, 2019 5. Accepted shop drawings, product data, and samples. B. Store record documents separate from documents used for construction. C. Record information concurrent with construction progress. Record any discovered buried items not shown on the drawings. Do not wait to update Record Documents at the end of work, update as work progresses. D. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: l . Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by addenda and modifications. E. Record documents and shop drawings: Legibly mark each item to record actual construction, showing any and all modifications, including: 1. Measured horizontal and vertical locations of discovered underground utilities, referenced to permanent surface. 2. Field changes of dimension and detail. 3. Details not on original contract drawings. F. Record Documents are to a part of the final submittal to the owner. Final submittal shall be made prior to claim for final payment. If possible, bind record documents in protective binder described in Paragraph 1.7 of this section. 1.6 PROJECT RECORD BINDERS A. Submit one complete set of project record data prior to final inspection. Information is to be organized on 8-1/2 x I 1 inch pages, bound in durable plastic covered binders. B. Prepare binder covers with the printed title of "Project Record", the title of the project, the date the project was completed, and the subject matter of the binder when multiple binders are required. 1. Label multiple binders as "Volume I of II" and "Volume 11 of 11", as appropriate. 2. Label the outside of the binder cover and edge, as it would be seen when placed on a shelf. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified. E. Part 1: Directory; listing names, addresses, telephone numbers, and contact person of the architect, the contractor, the subcontractors, and the major equipment suppliers. F. Part 2: Project documents and certificates, including the following. l . All approved shop drawings and product data 2. Hauling and dumping permits, receipts, and/or manifest. 3. Written statement certifying that all building materials installed in project are asbestos free. 4. Contractors' Affidavit of Payment of Debts and Claims, use AIA Documents G706, 706A. 5. Certificates issued by the architect; change orders, addenda, field reports, instructions, etc. 6. General Contractor's and Sub -Contractors' warranties. (Section 01700,1.8) G. Part 3: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of subcontractors and suppliers. identify the following: 1. Significant design criteria. MAoffk*1W, CONTRACT CLOSEOUT 01700 - 2 2. List of products used. 3. Photocopies of manufacturers` warranties and bonds. 4. Maintenance instructions for special finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. 1.7 WARRANTIES AND CERTIFICATES A. Provide original warranties and certificates in bound volumes outlined in Section 01700, 1.7. B. Where specifications request warranties and certificates, provide such items requested. Warranties are required of each sub -contractor. C. If applicable, provide required certifications requested by state and local governing agencies. Contractor shall forward copies of the certificates directly to the agency, provide proof of delivery. D. Provide a written warranty on contractor's business letterhead stating that the work is warranted against defects in material and labor for a period of one year from date of final acceptance. This is not necessarily the date of substantial completion. Warranty commences only after final payment 1.8 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide product names, list of spare parts, maintenance and extra materials in quantities specified in individual specification sections. B. Clearly label cartons and containers, identify the contents, and applicable project. C. Deliver to project site and place in location as directed by owner and obtain receipt prior to final payment. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 6nyi ma's CONTRACT CLOSEOUT 01700 - 3 la THIS PAGE INTENTIONALLY LEFT BLANK CONTRACT CLOSEOUT AUSW 24, 2018 01700 - 4 Aup wt 24, 2018 SECTION 02050 DEMOLITION PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Dust control. B. Protection. C. Availability of work areas. 1.3 RELATED SECTIONS A Section 07900 — Joint Sealers B. Section 09960 — Special Coatings 1.4 SUBMITTALS A. The procedures proposed for the accomplishment of demolition work shall be submitted to the owner for approval. The procedures shall provide for safe conduct of the work, careful removal and disposition of materials, protection of property which is to remain undisturbed, and coordination with other work. The procedures shall include detailed description of the methods and equipment to be used for each operation, and the sequence of operations. 1.5 GENERAL REQUIREMENTS A. The work includes demolition or removal of existing construction indicated or specified. All materials resulting from demolition work, shall become the property of the contractor and shall be removed from the limits of owner's property within five working days of dismantling. B. Maintain a clean and organized job site throughout the demolition phase of the work. C. Coordinate demolition work with owner's on going scheduled events. D. Coordinate construction routes through existing, undisturbed portions of the facility with the owner prior to beginning demolition. E. The contractor shall carefully coordinate the work of this section with any other work or construction that the owner may have planned in the same area. F. Carefully trim, remove from site landscape material that may hinder access to the concrete planter walls. Do not remove anymore than is necessary for access to work. Plants that are trimmed are to have pruned area sealed with approved pruning sealer. U°d��,"I�d"" WM.►- DEMOLITION 02050 - 1 Augmt 24, 2019 1A DUST CONTROL A. The amount of dust resulting from demolition shall be controlled to prevent the spread of dust and to avoid creation of a nuisance in the surrounding area. Use of water will not be permitted when it will result in, or create, hazardous or objectionable conditions such as ice, flooding and pollution. B. Maintain barriers until the project is complete. The City may wish for contractor to leave barriers in place until City has completed their portion of the demolition and renovation work. L7 PROTECTION A_ Protection of Existing Conditions: Before beginning any demolition work, the contractor shall carefully survey the existing conditions and examine the drawings and specifications to determine the extent of the work. The contractor shall take all necessary precautions to ensure against damage to existing conditions remaining in place, any damage to such conditions shall be repaired or replaced at no additional cost to the owner. The contractor shall carefully coordinate the work of this section with all other work and construct and maintain shoring, bracing and supports, as required, B. Protection of Landscape: Trees, shrubs, and lawn within the project site which might be damaged during demolition are to be left in place and be suitably protected. Any tree or shrub that is damaged during the work under this contract shall be replaced at contractor's expense. C. Protect existing exterior area light fixtures from damage during demolition. Some exterior area light fixtures are sitting on top of planter walls; these may need to be temporarily removed for access to wall surface. Damaged light fixtures are to be replaced with matching new fixture at contractor's expense. 1.8 AVAILABILITY OF WORK AREAS A. Areas in which demolition work is to be accomplished will be available in accordance with the provisions of these specifications. Coordinate work with owner's activities. Restrict unauthorized access to the project site, unless other wise instructed by the owner. B. Suitable barriers include fence system. Unacceptable barriers include warming tape tied to saw horses. Barriers are to he a type that is able to resist weather exposure for at least six months without regular maintenance. PART 2 PRODUCTS 2.1 FENCING A Use a minimum of construction grade chain link fabric on a metal frame. Fencing may be modular panels secured together and to the adjacent material or metal stakes with fabric stretched across them. B, Provide an access gate suitable for personnel and equipment to pass through and able to be secured close. C. Brightly colored warning signs are to be attached to barrier and continually maintained throughout the life of the project. D. Coordinate removal of barriers with owner's scheduled work in the project area. Owner is to complete their portion of the project after the contractor has completed this contract. &�,�`i 20 LW- DEMOLITION 02050 - 2 4`1� aep.i 24, 2018 PART 3 EXECUTION 3.1 EXISTING FACILITIES A. Existing Surfacing: Existing paved and landscaped surfaces beyond the zone of this work are not to be damaged during demolition. Protect from damage with suitable measures. B. Removal: Remove within the limits shown to a logical and straight termination as noted on the drawings. C. Temporary, The city is scheduled to remove the walks between curb and contractor's saw cut. Refer to drawings, coordinate protection of contractor's work and city's work with owner. 3.2 DISPOSITION OF MATERIALS A. Title to Materials: Title to all materials and equipment to be demolished is vested in the contractor upon receipt of notice to proceed. B. Disposition: All materials resulting from demolition shall be disposed by the contractor in accordance with all applicable laws, codes, and ordinances. 3.3 CLEAN-UP A. Debris and Rubbish: Debris and rubbish shall be removed from work sites on a regular basis. Only by prior approval of the owner will debris and rubbish be allowed to accumulate on the site for more than a week. B. Wind: Debris left on site is to be ballasted to prevent wind blowing debris off site. C. Debris Control: Debris shall be removed and transported in a manner as to prevent spillage on streets or adjacent areas. D. Refuse: The contractor is not permitted to use owner's refuse containers. E. Regulations: Applicable federal, state and local regulations regarding hauling and disposal apply. Provide copies of hauling and dumping permits, receipts, or manifest to owner. F. Cleanliness of Site: Due to the high visibility of the site and potential danger to the public, maintaining a clean and safe site will be critical. Owner shall notify contractor if site becomes unacceptable. If notified, contractor shall take immediate steps to correct the situation to owner's satisfaction. END OF SECTION DEMOLITION 02050 - 3 0 i " August 24, 2018 d._... z l THIS PAGE INTENTIONALLY LEFT BLANK WL%rJWMVAC&* twl DEMOLITION 02050 - 4 { I i. Aug.m 24, 2018 SECTION 07900 JOINT SEALERS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary Gcneral Conditions apply to the work in this Section. 1.2 WORK INCLUDED A. Completely remove existing caulk in any planter wall joints. Clean joint. Install new caulking and backer rod. B. Provide sealant where indicated on the drawings in conjunction with weather seals, and as otherwise noted, or as recommended by specialty coating contractor. C. Perform all work required to complete the joint preparation, joint packing or filler, priming, caulking and sealing indicated by the drawings and specified herein. Furnish all supplementary items necessary, 1.3 RELATED SECTIONS A. Section 09960 -- Special Coatings, 1.4 QUALITY ASSURANCE A. Applicator Qualifications: 1. Minimum two year's experience in applying sealants and approved by manufacturer. B. Manufactwees Representative: I . Arrange for technical representative to be on project site to advise installer of proper procedures and precautions for use of materials and to check installation. 1.5 REFERENCE STANDARDS A. FS TT-S-00234C, Type 11 Sealing Compound: Elastomeric Type, Single Component. B. FS TT-S-001543A Sealing compound: Silicone Rubber Base. C. FS TT-S-00227E, Type 1, Class A Joint Sealant: Self Levelling, D. ASTM C834 Standard Specification for latex sealing compounds. 1.6 SUBMITTALS A. Submit the following: I . Product Data: a. Manufacturees specifications, recommendations and installation instructions for sealant, backing, and related materials, 2. Samples: a. Color charts for selection by owner. JOINT SEALERS 07900,1 Anp a 24.2015 I 3. Certification a. Letter of certification from manufacturer or certified test laboratory report that materials are chemically compatible with each other and with substrate. b. When requested by the owner, submit samples of cured sealants and a 6 inch long sample of each type of joint backup. 1.7 DELIVERY AND STORAGE A. Deliver materials in unopened containers as packaged by the manufacturer. Store in a manner to i protect materials from the weather. 1.8 WARRANTY A. Warrant, in writing, materials and workmanship against failure for a one-year period. 4 1.9 EXTRA STOCK A Provide two unopened tubes of caulk of each color and type used on project. B. Deliver extra stock to owner. PART 2 PRODUCTS 2.1 PRODUCTS 11 A. Pecora Chemical corporation. B. Sonneborn Building Products. C. W.R. Grace and Company. D. General Electric Company. E. Products Research and Chemical Corporation. 2.2 MATERIALS A. Polysulfide (Type 1): 1. Two-part conforming to FS TT-S-00227E, Class A, Type I (self -leveling) or Type 2 (nonsag) as recommended by manufacturer. 2. Color As selected by owner. 3. Acceptable products: a. Synthacalk GC-5, Pecora Corp. b. 350, PRC. C. Sonolastic, Sonneborn-Contech, Inc. B. Chlorosulfonated Polyurethane (Type 2) 1. One part conforming to FS TT-S-230C. 2. As selected by owner. 3. Acceptable products: a. Syntbacalk, Pecora. C. Polyurethane (Type 3): 1. Two-part conforming to FS TT-S-0000227E, Class A, Type I or It. 2. Color: As selected by owner. i� JOINT SEALERS 07900 - 2 Avow 24. 2018 Acceptable products: a. NR 200, Pecora. b. No. 200, PRC. c. Sonolastic Paving Joint Sealant, Sonnebom-Contech. d. THC-900/901, Tremco. D. Polyurethane (Type 4): 1. One -part conforming to FS TT-S-000230C, Class A, Type II. 2. Color: Custom color as selected by owner. 3. Acceptable products: a. No. 6000, PRC. b. NP 1, Sonnebom - Contech. C. Dymonic, Tremco, E. Silicone (Type 5): 1. One part rubber based silicone conforming to FS TT-S-001543, Class A, Type I. 2. Color: Custom color as selected by owner. 3. Acceptable products: a. 790 Building Sealant, Dow Corning. b. Silproof, General Electric. C. Proglaze, Tremco. F. Acrylic, Solvent Cure (Type 6): 1. One -part, FS TT-S-00230. 2. Acceptable products: a. Unicrylic, Pecora, b. Permacryl, Schnee -Moorhead Chemicals, Inc. C. Mono, Tremco Manufacturing Company, G. Bitumen Impregnated Sealant (Type 7): 1. Precompressed bitumen impregnated foam joint sealant. 2. Size: As recommended by manufacturer for joint condition as rain seal. 3. Acceptable product: Emseal compressed, Emseal Corporation. H. Backer Rod: Closed cell expanded polyurethane or polyethylene "Denver" foam, compatible with sealant; sized and shaped to control depth of sealant; and to maintain 20% to 50% compression of material. I. Joint Cleaners and Primers: As recommended by sealant manufacturer. J. Bond Breaker: Pressure sensitive adhesive polyethylene tape. IC Masking Tape: Pressure sensitive adhesive paper tape. L. Sealant Tape: 1. Compressible adhesive -cohesive tape of cross -linked butyl polyisobutylene rubber that accommodates variations and movement, sized as necessary to allow for joint movement of+ or - 25%. 2. Acceptable product: PTI 606, Protective Treatments, Inc. M. Expansion Joint Filler: Closed cell polyethylene compatible with sealant. 2. Acceptable product: Sonoflex F, Sonneborn. 80=,A**'°` JOINT SEALERS 07900 - 3 0 f. I Aural 24, 2019 1 S 2.3 MIXING A. Mix components in accordance with manufacturer's recommendations. PART 3 EXECUTION 3.1 INSPECTION A Examine all surfaces to receive sealant and report all conditions not acceptable. Installation shall be deemed as acceptance of the surface. 3.2 PREPARATION A. Clean all surfaces and joints thoroughly, removing all foreign matter, dust, oil, grease, water surface, dirt, frost, old caulking material, and previously applied paint or primer. B. Prime and prepare surfaces in strict accordance with sealant or caulk manufacturer's written instructions and recommendations. C. Remove dirt, oil, or grease by solvent cleaning and wipe surfaces. All surfaces must be clean and dry- 3.3 APPLICATION A. Sealants: l . Follow sealant manufacturers instructions regarding preparation, priming, application life, and application procedure. 2. Apply masking tape where required in continuous strips in alignment with joint edge. Remove tape immediately after joints have been sealed and tooled as directed. 3. Apply sealant under pressure with gun having nozzle of proper size or other appropriate means. Provide sufficient pressure to completely fill joints. 4. Neatly point or tool sealant to provide proper contour. Use clean water -wet tool or tooling solution recommended by manufacturer when tooling white or light colored sealant. B. Caulking: 1. Caulking: Apply caulking joints before final coat of paint is applied to adjacent surface. Apply caulking with a pressure gun having a nozzle of proper size to fit joint. Completely fill joint and firmly tool against backing to make a smooth, convex bed, and assure good adhesion. Caulking shall develop a firm skin before paint is allowed. C. Joint Size: 1. Sealant and Caulking: Depth equal to 1/3 times joint width or as recommended by manufacturer. 3.4 CLEANING A. Remove excess caulking or sealant materials and smears from adjacent surfaces as work progresses. B. On non -porous surfaces excess uncured sealant shall be removed with a solvent moistened cloth immediately. On porous surfaces excess sealant should be allowed to cure overnight, then removed by lightly wirebrushing or sanding. All adjacent surfaces shall be clean and free from stains. C. Remove all debris resulting from these operations from the site. 1 ZL%l amI - JOINT SEALERS 07900 -4 1....I AU8W 24, 2019 3.5 SCHEDULE A. Exterior Joints Subject to Movement (Not Including Traffic): Type 1, 2, 4, or 5 at Contractor's option and as recommended by manufacturer for joint condition and sealant color. B. Exterior Horizontal Joints Subject to foot and Vehicular Traffic: Type 2, self -leveling. C. In contact with roofing and waterproofing materials: Type 3 or 4, low modulus, unmodified. D. Secondary seat and exterior expansion joint secondary seals: Type 7. 69 1-, END OF SECTION JOINT SEALERS 07900 - 5 AujW 24.2018 SECTION 09960 SPECIAL COATINGS PART[ GENERAL 1.1 RELATED DOCUMENTS A The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. L2 WORK INCLUDED A. Surface preparation. B. Surface finish application. C. Surface protection. L3 RELATED SECTIONS A Section 07900 - Joint Sealers. 1.4 QUALITY ASSURANCE A Product Manufacturer: Company specializing in manufacturing quality specialty coatings and finish products with five years experience. B. Applicator: Company certified by manufacturer and specializing in commercial special coatings and finishing with three years documented experience. I'S SUBMITTALS A. Provide product data on all finishing products. B. Submit samples of proposed products for owner's review and acceptance. C. Submit two samples 12 x 12 inch in size illustrating range of colors and textures available for each surface finishing product scheduled, after color selection. D. Submit manufacturer's application instructions to owner. E. Certify that material installed on this project does not contain insecticide, mildewcide, and no more than 0.06 percent lead. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site in sealed and labelled containers; inspect to verify acceptance. B. Container labelling to include manufacturer's name, type of coating, brand name, brand code, coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. a $ LTS WA*�'°` SPECIAL COATINGS 09960 -1 A rzi 2�.2DI8 C. Store coating materials at minimum ambient temperature of 45° F and a maximum of 90° F, in well ventilated area, unless required otherwise by manufacturer's instructions. D. Take precautionary measures to prevent fire hazards and spontaneous combustion. 13 ENVIRONMENTAL REQUIREMENTS A. Provide continuous ventilation and heating facilities to maintain surface and ambient temperatures above 55° F for 24 hours before, during, and 48 hours after application of finishes, unless required otherwise by manufacturer's instructions. B. Do not apply exterior coatings during rain or snow, or when relative humidity is above 50 percent, unless required otherwise by manufacturer's instructions. 1.8 EXTRA STOCK A. Provide at least a two gallon container of each color and surface texture to owner. B. Label each container with color, texture, in addition to the manufacturer's label. PART 2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS -- SPECIAL COATINGS A. TNEMEC Company, Lane Salvato, coatings consultant. The Barry Group, LLC 806-786-1405. 1lsalvgto{u barrvarouoilc.com B. Substitutions: NONE. 2.2 MATERIALS A. Coatings: Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating. B. Coatings: Good flow and brushing properties; capable of drying or curing free of streaks or sags. C, Accessory Materials: Linseed oil, shellac, turpentine, paint thinners, and other materials not specifically indicated but required to achieve the finishes specified, of commercial quality as instructed by manufacturer. 2.3 FINISHES A. Submit color range and textures to owner for review and selection. PART 3 EXECUTION 3.1 INSPECTION A. Verify that surfaces are ready to receive work as instructed by the product manufacturer. B. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially affect proper application. C. Beginning of installation means acceptance of existing surfaces. 6MFAW*'°` SPECIAL COATINGS 09960 - 2 ALwW 24, 2018 3.2 PREPARATION A. Remove light fixture trim and fittings that may restrict access to all surfaces of the planter wall renovation prior to preparing surfaces or finishing. B. Correct minor defects and clean surfaces which affect work of this section. C. Concrete Surfaces Scheduled to Receive Coating: Remove dirt, loose mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and grease with a solution of tri-sodium phosphate; rinse well and allow to dry. Remove stains caused by weathering of corroding metals with a solution of sodium metasilicate after thoroughly wetting with water. Allow surfaces to completely and thoroughly dry before applying any coating material. D. Coordinate preparation work with concrete patch work prior to starting primer or finish coating work. 3.3 APPLICATION A. Apply products in accordance with manufacturer's instructions. B. Do not apply finishes to surfaces that are not dry. C. Apply each coat to uniform finish. D. Apply each coat slightly darker than proceeding coat unless otherwise approved. E. Allow applied coat to dry before next coat is applied. 3.4 PROTECTION A. Protect elements surrounding the work of this section from damage or disfiguration. B. Repair damage to other surfaces causal by work of this section. C. Furnish drop cloths, shields and protective methods to prevent spray or droppings from disfiguring other surfaces. D. Remove empty containers from site. 3.5 CLEANING A. As work proceeds, promptly remove coating where spilled, splashed, or spattered. B. Immediately remove excess coating from any non -planter wall or walk surface not intended to receive new coating finish (light fixtures, railings, steps, utility covers, irrigation system, etc.). C. During progress of work, maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris. D. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers, and remove daily from site. -. PAMNW4 X4* 1W SPECIAL COATINGS 09960 - 3 n Anpu+t 24, 2018 3.6 SCHEDULE OF PAINTING A. The brand of coating and number of coats required on the various surfaces shall be those listed below. B. The owner shall select color, tint, and sheen from manufacturer's standard color chart. C. Vertical Areas: 1. Surface Preparation: 3,500 psi power wash with clean, potable water using a zero -degree spinner tip. Remove all loosely adhered concrete or mortar paste. All surfaces to be clean and dry. Adhesion Promoter: Tnemec Series 151-1051 Elasto-Grip FC at 200 to 300 SF/Gal Prime Coat: Tnemec Series 181 W.B. Tnemec-Crete at 88 to 117 SF/Gal Finish Coat: Tnemec Series 181 W.B. Tnemec-Crete at 88 to 117 SF/Gal D. Horizontal Areas: 1. Surface Preparation: Prepare concrete surfaces in accordance with NACE No. 6/SSPC- SP13 Joint Surface Preparation Standards and ICRI Technical Guidelines. Abrasive blast, shot -blast, water jet or mechanically abrade concrete surfaces to remove laitance, curing compounds, hardeners, sealers and other contaminants and to provide an ICRI-CSP 2 surface profile. Prime Coat: The nec Series 287 Enviro-Pox at 200 to 350 SF/Gal Intermediate: Tnemec Series 287 Enviro-Pox at 200 to 350 SF/Gal Finish Coat: Tnemec Series 287 Enviro-Pox at 200 to 350 SF/Gal 3.7 PRODUCT DATA SHEETS A. Series 151-1051 Elasto-Grip FC. See copy following this section. B. Series 181-W.B. Tnemec-Crete, See copy following this section., C. Series 287 — Enviro-Pox, See copy following this section, 9=t ; Oftl m`. END OF SECTION SPECIAL COATINGS 09960 - 4 [' I iNMUFSQ UN 'Waterborne Modified Polyamine Epoxy COiUlON OM Penetming, flexlWe and tow-0dm primer for sealing cemerukious and other porous wNmtes. Also excellent as a tie -coat for specialized finishes over sound existing coatings. COW Green FIM Matte WMIS Series 2H, 6, 30, ib9,149F, N69, N69P, V69, v69F, 84, 113. 114. 115, 156, 137, 158, 18i1, 181, 280, 1028, 3029 MW DNSW WND UM MAM ALLSOM VMS= tMOMMIM �[1�I1111Y 1e W6 b1OW DIM CDOMM n1l" AUI.(OrlfM 1' M M6 RMYWBAM So LH RWWW-SM HML1H ISAM Repair masonry as necessary wkh 152 upe. Refer to 152 product data dice for additional details. Sand Mw compound smooth sad (rather edge. Sand rough areas Seal knots and pitch pockets. Fill cracks and nall holes after primer has cured. Remove old paint not tightly bonded to the surface. A teat patch is recommended to determine compatibility of 151 over unknown previot*applied coadW. Must be dean, dry and free of o4, grease and other contaminants. Allaw new concrete, piaster, stucco and masonry to cure for 14 days. Level protrusions and mortar spatter. Fill block with an appropriate masonry flier If a smoother appearance Is deshed. 17.0 t 2.0% n 7 rn i S mac (14 M %R ,n1-1 ,vr mef f—t.(. A.— nr}w,ntwa\ 75•F (24*0 1 to tours 3 1/2 hours minknum 50% Relative Humidi 7 days maximum If more than 7 days hove elapsed after applying 151, apply o refresher tout before topcowArt . Higbee huinAties and/or lower tetnpervitures increase the cure time. Unthtaned: 1.46 lbs/galkoh (175 grz=A tm) 273 and sq ti/gal (6.7 mi/L at 25 microns), See APPLICATION for coverage rates. Two: Part A sad Pert 8 Five -Gallon Kit Consists of 4.0 pptlons of Part A in a 5-gallon plastic pall and a full filled gallon can of Part H. When �yields five gallons (18.W. One -Gallon Kit Conslsts of a partially filled one -gallon can tabelcd Part A and a partially filled quart can labeled Pan B. When rifted, yields one gallon (3.7W. 8 58 f 0.5 Its (3.84 x .11 ks) (mixed) Mkilmum 35°F (M Maximum 110°17 (43°C) 24 moodu at recommended storage tempemturn. N/A Paint Products Contain cheatirnl hWgedknts which are considered hazardous. Read container label warm tg and Material Sa7ety Dal, Sheet for Important health and safety information prior to the use of this product. Seep out of the reach of children, ®Af st 25,2W `y Ttrotaet fa etc t,r W be ftfv at data and tnvnul cnr arc whit to m gn `tn s"�trl do yw n uru lift txmmn�nKw kPs T� npr�a v 1 P 101Y , %Ituand be todwk .l d fv die arrt d" uxivihal tbm sod AM aurtanu h% taiuil dam snd l,uVU06L a 0 f - �J f'ROWH'fDATASHFkT ELAST4-GRIP® Ft 1151-1051 MVMWB One gallon will cover from 180 to 400 sq ft (16.7 to 37.2 ma). Highly porous or rcugiWregtrfar atrrfrtoe WE reduce rnverage Application of Batting below minimum or above maximum dry mli thicimess recommended may adversely affect coaring pedomtarfee. Mp Stir contents of the can marked Part A. Add the contents of the can marked Part B to Part A while under agitation. lI CarttJnue agitation urufl the two components ate thoroughly mired. Do not use mixed material beyond pox life 8inim thttrsed matedal must kept dghdy dosed at all bates. iHUOfIMQ K-m ceconunended. IMUR At 77'F (25'CL 12 hours. ArM]fA1fOM MUlflM AWk= Smy rreeetue M4 Hose iD uaoliofd 010131-0.019, (330485 microns) 12100 3000 psi I 1/4' or 31W (6-4.of 9.5 nun) 60 mesh microns) UseI tip/atomizing pressure for equ mex►t, aPl�lkaxor tee and weather cmxiitiona Ralan� IUbsee short Soft nylon y� sor ynthetic nap �d� for surfaces. Use long synthetic nap rollers for tough auxfacea. SLMISUE ANTE Minimum 40'F (400 Maximum 12MF (4M The surface should be dry and at Ieast 5/F (31Q above the dew point aW blush and dean all equipment immediately after use with warm, soapy water. Fltuh spray equipment with a final rinse of &hand or isopropyl alcohol. s LDA[TAttON OF SELImrS tIAEQtCY+ Tasaet Co ry Inc wmunrYor aniY that as coattaP teptesettted hecei r coca Ar [otmftlxFon atatdArde dTaetoec SHC Lox. TtiH DOCKOW IN THE AD= PALA.GRAPM ALL Be BI UM OF ANY OTIM WAVANTY, EXPAMM OILWD 11MIED. DR M BUf NOT tD� M TO, ANY tYfiLIED OF X92CH NTAMIM OR FITNESS FOR A PABTICLW PLTtl068. THERE ARE NO WARRANTMS CHAT MCTEND BEYOND THE D13CR"ON ON THE Me HEREOF The A� eSCtt1atYf ayunsr Tr�enirt . It><', ehaE tit tOr I�pti[MaAt Ot _ pttK IOdlli is t� C1tl�x 1 �r[cTht CV(Ia�tOli Ot dIL' pxpd�q 3bOLLid ilt rOlYld 10 G{ht,1Dd Stle aedr iltaE sat hate (axed ifs riseMbt puryoxe u bnY in Tn[atee tf �1in� to pcpr(pe��IRTN eotR p�uduct q the buyu NO �7i�R RD�DY iCN4ftDLVG. DIl1' N LVq(%NTAL OR CON.S[Qt7FMIAC DAMAGES FOR 14se PROFITS, IAdt SAfa.� TO OR ! O RltN10U`Q�.YtAL IIdU>QLS Ot AYY OTiiER RiCIDEN iUENTTAl LQS515tiA11. BE AYAAABi.E i0 THE tlSJYER 7ertmicat 1�1 appllrttWn heists h povtded lar the pvtpoaa d eyand>hiaR a �1 prae6 d the cvudna � 1ppticatiott Pro's Tat pecfota5lnts twb aese obn(aed N s cotxroCed ettekotrteat lttd Ttet:mee fatryway axles eb cislm tfist three rats a hey athu hers, amavarl 0 AWO 2S, 2009 by Tnmw Co., lttt. MI SI IOSI Pope 2 of 2 GMM M Acrylic Emulsion OiNWOM MI* Decorative high butld against weather dd+rirtg rain, industrial f w" and ahemate freezbg•thawl ng. Fotmuhte= to resist =growth on the paint i�lm. Available In smooth (Series 180 and wnd4w;tum (Saks 181) finishes for conam, CKU and poly prityied steel. Spray applk'adon "dry-f W under certain condkiim. aM Refer to Tnemec Color Guide. FMf61i Plat, sand temm FOMAWIMM Extensive ten data avaiirhie. Contact your Themec representative for specific test results. Fly Seff-pdbrick stucco not! Ughtwe*k bk)clr- plat-FFa & Split•T7u ed C KU: on concrete, Series 54 1254 Steels 10, 37K 66, L69, N69, V69, N69F, V69P, 90E,92, L140, N140, V140, N140P, V140P, 161 TOPM Series 1028. 1029 Prepare surfaces by method suimble for exposure and service. Refer to the primer dam sheet. 1AM SpIf O Remove chalk and old paint not tightly bonded to the surface. Patch cracks. ALUAM Must be clean, airy aril tree of oil, grease, Than release agents sad other contaminants. Allow new con am, masonry and stucco to cure 7 days. Level protrusions and mortar spatter. Reference SSPC-SP13/NACe 6. VLIg1ESf1A 44.0 t 2.096 t REMOM OR 4.0 to 10.0 mils (100 to 255 microns) per coat Notes Number of coats and thickness requirements will vary with substrate, application method and . See APPUCAMQN a or contact yout 1 ttm QMt1 = II TO Touch - - TO Reeoat 75T (24•0 1 1 how i 3 hours Curing time varies with surface temperaoum, air movemmt, humidity and film thickness. VOMOrAKOWM UndtitwaS ) ' 032 Ilxt PBon (98mvIltr � e) t 1KMMOYM 705 mil sq fdgal (17.3 m2(L at 25 wAcrons). See APPLICATION for coverage rates. NMOMWMM One F1kM MF8 5 gallon (1fI.9L) pals and 1 gallon (3.79L) PILL IEWW M 6Al0 11.50 t 0.25 lbs (5.22 t .11 kg) SOMMVBAM Minimum WP WO Maxlmum ild°P (43'C) 1811'MMiMtE (Dry) CmWK*us 170•F MC) Irfteahrem MV (93-0 OW LIFE 24 months at recommended storage temperature. RASH W-S13A NA tSAFE1T Paint products contain chemical ingredients which arc considered hazardous. Read container lapel warning and Material Safety Data Sheet for important health and safety Information prior to the use of this product. Keep out of the reads of r ®October 18, 2013 6r Tfrottfec Co., lu We ftw m° t`diuud„b „Ka � �` ' �' w°• Ovpry `.•"'°' hP 1 d 2 rw r rW..Kke njp "J, iitI NMI "M1M16 AIPIXAIlOMWOftm St1AfQUMM1 N am Um FROM DATA$ ffT W.B. THEME-CRETE" I SERIES 181 t]...0 rnm•,•wtw ar..nn.., .nA ITHIM "11T Miry Mlle CKMng I Wet Mi1a 811croas Gal a Minimum 4.0 i00 (240) 176 16. ) Maximum 8.0 19A ) 88 (8 Allow for application kxues anti surface hrnegulatfiles. Sprcadhtg rhea arc p�pprotoxxirmte and variahk based on the roughness and poroeay of aubsorates; also the roetlwd of applkrotiort. pUmatttkkne+s+s b roucuded rothe nearest 0.5 mil or 5 microns. Wet and dry FYm tlttdcneaaea see cakvlated from the sq fk/gal figures. There la no method for nocurste{p measuring the appUed Nm thickness of texture ooadn�s Appilcodon of mattag below atlnlmum or above m�udmum remmrttended dry film thk3Caeaaes may ndvetsety a[ferx coatirtg perfarnance. lmpoda Protection against weather, drivingg taint and akemate frcci�lnpp and thawing b obtalned when eootmg b applied ro form a cortdrtuaa, voW Free flkn The tratiTtg moat be btutthed, rolled or spayed and back -rolled mto block. Grooves in scored and fluted block must be brushed. Two coats arc norrrolty recommended for Nghtweight block. Split. face and split -fluted block must be filled. Contact your Trtermec representative for apecilk coating system reconuneridatlons. Stir thoroughly with a power mbter, making sure no pigment remains on the bottom of the can. Normally riot required. Can be thinned up to 5% or 6 ounces (190 ml) per gallon with dean water. ►lr Anne Gan FlaidTTp Air Cap Air Hole ID se ID Pia Pot Peessurt DeYdbiss (I) D 64RD 5/16• of 3/e" n1107 50-70 ppssit 30 40 W AC 62HD 7. or mill)m .4-4.8 bar) 2.1 bar) (1) With heavy duty spring QGA 191K2), (2) Increased production may he adAeved by UShN a low prm-ure trartsfer pump deslgtred for termure coatings, kutftd of a pressure pot, such as the Gwo 987429 104 president pump, rubber packed (up to 1,000 psi with 3 Wm max fluid dailvery). It b equipped with an air evenflo control that Induces pump and'MOMlzfng air regulators. Contact Tmemec Ta3tnicnl Service for more tnformatbott. Moller. Use a synthetic cover. For smooth surfaces use VW to 3/4' (9.5 tmn to 19.0 mra) nap For rough surfaces use 3/4' (19.0 m ) or longer trap. To obtain proper perreuation for rough or porous surfaces, thin up to 5 or 1/4 plat (190 ml) per gallon. Force material Im vokls and tmld a cracks with a7xwh or squeegee. Smooth out l ud"p at laps. Multiple mats may be required to achieve recommended film thickness, depend[ng on applicator technique and roller nap size. Brush; Use a stiff nylon blush. Work material Into voids and avoW brw&ing out too thin. Minimum 401F (410 Maximum 90°F (32'C) The surface should be dry and at least 51F (3'0 above the dew point. Flush mW dean all equipment immediately after use with water. Dry overspcay can be wiped or washed from most surfaces. Satisfactory dry-W perforrmartce upon height of work, weather conditions. equ ent adjustment grid proper thinning. low to mperatuec and h humWky arc of particular ooncern Tear for each application as follows: Spray from 155 to 25 feet towards paint container. The tmterld then should readity wipe off. Notet Heat cxn f m-ft overapray to euAcea. s clean dry overspray from trot surfaces before fusing occurs. Be aware that exterior surface rcmpemwres can be higher than air temperature, t values way vary with color. A LDOTATIOY Of SUNS t]AbtLTtYa Txmec Cmpo�y lac mmnY ihsr hr DESCRAW Lai TM ABOVE PARAGRAPH S}tALL HP M L[Etl OP A.�tY WARIE OF fe"L NTAHILITY OR ftL'f W tW APARTiCUTAR PtWOSG TtiY' S ARE NO &M ez uaw remedk�Qaepd rA Tn*mK OCawpippny, tbcc Ad be fa �epla�ramov of thehave p INC &fTAI03 Olt DAMAOYSFOIELOBTPROf1iSu SAbYSAUML� fuErrftAi LOM SHAD BE AYAQABtB To TH8 BUYER. Tedwk l Md appYcrUon mi na aaaUculan orootd*tft Tat aednrmiam rep s Rent oWdAwd is r eotatalkd eats entcd !wain trww the formutaKon shad ar6 ortrance tompr,Dr, tnc no SLD OE tMP1I9D, DtCLUDING BtTr HC7T LLNRirr T0, ANY'Odl'!1@D THAT CrtTOeD BBYOVD THE Malin" Oki TtiE PACE HL3BW. The .cast a deketive eombdon ofdw yreEre pm&vt AwAW be fewd to ea8a and the bNOR�Ymt31VlR0la�tTALNO nUURILSOlt AM OtErt3L`tCH>ffi:rAL D h prmdded �t ttta �fp— of trrotdistiiDg t Darat ptark of rite aoutag sad nrtlrC GatapaIIy nitt4Cf . d.. IJi t1mQ il�t IX tar. L'r tins. %[fYTalt 11 0 Ocidw 19, 2013 by Theme (a., IRL POS161 hp2o[2 6E1BIClSgUI1dM Waterborne Epoxy -Amine Addax A UM A low odor, rapid our, wear reslMnt coating for floors, walls and other suhstrates, capable of wltuta (%* moderate comruereial and industrial environmenrs. It can withstand m1W to moderate chemical and solvent exposures. as well as repeated cleaning. Can also be Wed as it primer or Intermediate coat for thin film epoxy and urethane and acrylic systems. = IS Available in dear and the 16 standard StrataSbleld colors. Special colas avabW please comas your Tnunec reprcaentative. Note: Epoxies chalk and yellow with age, extended exposure to W and aW kW lighting. Caution should be taken when sekcthtQ white and light pastel colon. lack of ventilation, incomplete mix1re miscatalyzation or the use of heaters that emit carbon dioxide and carbon monoxide during application and initial stages of curing may cause amine blush, possibly affeaing adhesion of subsequent topcoats. RY611 Semi -gloss SUWMVMZ 191 Series 130, 215, 218, W. NOW A repair Idt of 201, with Part C fumed siks, is available for small pa ddWsurfacing �1�For more extensive repairs and additional informstioo, convict your Tnemec mpresentatve or TTechnicalemec Technical MW Concrete: Self -priming or Series 27WB, 201, W5, 208, 241 CUM Self -priming over filled CMU Wood & Drywall: Self-p4ming or Series 211 WMIS Series 73, 280, 290, 291, 294, M. 2%, 297, 1074, 1075, 1080. 1081 Prepare surfaces by method solvable for exposure and service. If kMMMV Eli Allow new poured -In -place concrete to cure a minimum of 28 days at 750E (24°0. Verify concrete dryness In accordance wM ASTM F 1869 'Standard Test Method for Measuring Moisture Vapor Emission Rime of Concrete Subiloor Using Anhydrous Calckun Chloride' (molstura vapor transmission should not exceed three pounds per 1,000 square feer in a 24 hour period), P 2170'Sutndard Test Method for DeterrNning Reiatve tiumkiky W Coraercte using lit alto Pmhes' (n-lative ittrmidlry should na exceed 809t!), or D 4263 'Standard Teat Method for fndkating Nt4oisture !n Catcrett by the Plastic Sheer Method• <rro ttaoisturc present. Note: The teatirtgg Hued above cannot guarantee svoldanc�c of tuarc etoistwe related pmblemt pnrtierlarly with existing concrete slabs. '[iris f, esperda%y true !f the use of am winder sly raobnare vapor bamet mnno[ be confirmed or concrete contamination from oils, dmttalcal ap01a, unracud sllkates, addorklta or Alltalt silica Reactlon (ASI� is saupected. Prepare concrete surfaces In accordance with MACE No. 6/S5PC SP13 Joint Surface Preparation Standards and ICRI Technical GuMelirxs. Abrasive blast, shot -blast, water let or merhankally abrade concrete surfaces to remove lahance, curing compounds, hardeners, sealers and other contaminants and to provide an ICRI-CSP 1-3 surface profile large ws cracks, voand other surface hnperfectkns should be fllied with a recommtnded fiver or surfacer. Note: For moisture content exceeding 3 !bs per 1,0001s4q k at relative humidity In exontt of Mk Series 208 or 241 may be subs Wil for the Primer, Refer to the Series 208 or 241 product data sheet for more Infomuttion. 11O1KAUOR161i When self priming: Allow new concrete to cure 28 days. Abrasive blast or mechanically abrade concrete to remove laftmwe, form release aggeennaa,, curing compounds hardkners, sealem and other c�an taminn and to provide surfxe pnante. (Reference SSPCSP13) . Surfaces must be cicaN dd OWLevel all When eel[ once and nmrtar spatter. For pinhole %: Allow new mortar to cum 28 efree surface, use dry,, ded su fsmuta /patcher, and fire of aft mYaarts 1W,SNM Must he dean, dry and free of oil, grease, curing compounds/sealers, hardeners and other contaminants. Application will tolerate residual dampness from surface pi"ration process but not puddled water, Stunning concrete or inberently wee Concrete. VINIDIES0M 51.0 t 2-M6 (mired) t RBVAMMDR Hodaontat 2.0 to 4.0 rails (50 to 100 miuoav per coat (Apply minimum of 2 coats to ampaloted floors.) Yut9c4- 2.0 to 3.0 mils 50 to 75 micronsDer Coat. [dR11t6111tF TIIWMODIIBM KMOFMLVM " Milt➢ ? tarY • 1 To Topcoat To Place 1a Service 60•F (16°Gt 6-7 hours 8.10 hours •P 24•0 4-5 hours 7.8 hours °F Wo 1 1 hours 4-6 hours 50% retadve humidity. Curing time varies with surface temperature, air movement, humidity and film thickness. Unthinned: 0.05 lU Allan (6 gram�lltre) Thhurted 5% CWater): 0.05 IM/ ilm (6 gram Ante) t 818 mil sq fdgtd (20.1 ma/L at 25 mictons). See APPUCA ON for coverage rates. t Two: Part A (epoxy) and Part 8 (amine) — 2 Parts A to 1 Part B by volume PART A PART 5 Yield LaW Kk 2-5 piton tls 1-5-itallon it 15 gallons .8 U Small Kit 2 ] Iron taro 1.1 lion can hats 114 JH1 W P3 MllA>f 10.95 t 0.25 lbs (4.97 t .1l kg) (mixed) f ® '^"i 18, '"7"'2016 Tomm OwfanY Inc. ►at:ma,cd te&wAA data axes Irmumd w ape wbka todurW siarh,an puke. 71a onikw mt*S at loge 1 Of 2 WWW.ft—Wc.wnt. xKM be rctenaxd fur the prop tonne k%h*%1 tkoU spa Womot6w w run QW a,.ba _..«....,�....._...................... iv n.nr,v r..tmtrat.Ma sari kw "Cu'vs. 0 ��� � P�onu�ro;tirns�r ENVIRO-PDX® I SERIES 287 STOUBF1BIIflJiT10 Minimum 40'F (4*0 Maximum I10°F (43*Q Protect Flom herring. TFfIN8AT1118kBiSTA11g (Dry) Continuous 20o'F (93*0 intermittent 250'F (121'q SIWLR Pali A & Part B: 12 months at recommended storage temperature. HASH Pr1W-SHA Part A., >230'F (1100 Part B: >230'F (110'0 NBIITNItSAWtt Paint products contain chemical Ingredients which are consideted hazardous. Read container label waming and Material safety Data Sheet for import nt health and safery Informatlon prior to the use of" product. Ke" out of the reach of children. W1fTt UMM Before commencing, obtain and thoroughly read the StraWhield installation and Application Guide for floor. Dry Miis as wet Mils (1ti Horizontal 2.0-4.0 (Wl 00 4.0 8.0 (100 300 2 A- 0 vandal z a .0 4 abo 100-2 27 0 Allow for atdoce Irregularlilm Film thickness is rounded to the nearest 0.5 mil or 5 microns. Application of coating below minimum or above maadmum recommended try Rhin thicknesses may adversely affect cocting performance. T Use a power mixer to stir contents of each coma ber, making sure no pWrm remains on the bottom Sto* mix 2 Pam A ce two components am omponent while under agitation add iPart 8 ts (Part A ad�Pa 8) muu be ariL Continue bove *0 prior to nidhV. Mixing rat thoroughly � A)) t one (Part B) volume. 111M Use dean tap water. Thin up to 5% or 6.4 ounces (190 mi.) per gallon. MIRi 3 hours at 55'F 03'C) I hour at 7591' (2410 Materktl temperatures above 90'P (3200 will signilicandy reduce the pot life. AM1lAA01 Brush or roller, sq and air or akless aprrAy. Roller. use a 1/4'� Synthetic woven nap toller cover. Brush. Use good quality synthetic or nylon brute brush. iiorizoaar> Squeagee and bankroll. Brush =Dail areas only. Verdcalt Roll or si my and backroll. Brash small areas only. AtfllGilOM MWMO Air Spray Guo Fluid Tip Air Cap Air Hose IA Mat'I Hose ID Ate pot Pressure DeVilbiss JGA E 704 (, 6 3/e' or JIV (9.5 or 117 I 0PSI bar) pm bnr) (461- (01-120 Low temperatures or longer hoses require higher pot pressure. Atr4.,.. A. — Tip I AtomWnX Pressure MMI Hone ID Maadfoid Filter li.oir-o.oir microns) 3000-1600 psi M6-248 hot 1/4' 6.4 mm)(2V 60 mesh microns) Use -a should- �onty be icon considered as means too ftntnsfertthe ataenn�l to the su face and should betor technique and conditions Note: followed h backr611 t� SUM19111 M Minimum 55'P 03'0 Maximum 110'F (4310 The surface should be at least 3•17 C31C) above the dew point. 00 Flush aril clean all equipment Immediately after use with amp and warm water. t Values rosy vary avkh color. .vrtra=u s P ANY 00. THME A a as t1R The 0" 16, 7016 4 Tnmmt Compay Inc PDSW Pop 2 of 2 F- ORW4l ORNv�D IW Omi R!lGALm w IP►Ie —mM _MN TML YJ/J No" Y c@artML�vllif�wG'S�Gi� f fPrtw�.cTO�YWLTOK�. 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