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Resolution - 2015-R0017 - Tri-Lam Roofing And Waterproofing - 01_08_2015 (2)
Resolution No. 2015-R0017 Item No. 5.25 January 8, 2015 RESOLUTION BE IT RESOLVED BY TI-IE CITY COUNCIL OF TI IE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 12082 with Tri-Lam Roofing and Waterproofing for Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building, said contract to be in conformity with RFP 15-12082-TF. Passed by the City Council this January 8.2015 2014. (VZET4-C.BERTSON, MAYOR ATTEST: Rebec ta, CitySecretary APPROVED AS TO CONTENT: � Mark Y rwooN Assistant City Manager BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: January 8, 2015 CITY OF LUBBOCK SPECIFICATIONS FOR Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building RFP 15-12082-TF CONTRACT 12082 PROJECT NUMBER: 91042.924230000 2.01 S - RDD 17 .t400' City of ..-Jubbock TEXAS CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 15-12082-TF Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is to submit (1) one original and (1) one copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure lure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. f' This must include the signature of the agent or broker. Contractor's signature must be original. i- 4. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. --- 5. iJ{{( Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 7. lfJ Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. f 8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9.7 Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. 10. V Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. -Fy-1-1dffl 1 " Wd4CV S t�}i in (Type or Print om"any Name) l_ I I Pate Intentionally Left Blank 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 as Principal(s), and (hereinafter called the Principal(s), (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 Fifty -Eight Thousand Six Hundred Thirty -Five Dollars ($58 635 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 8th day of January, 2015, to RFP 15-12082-TF Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2015. -- Surety L'I *By. (Title) (Company Name) By: (Printed Name) (Signature) (Title) � The undersigned surt company rep ee b that J is duly qualified an d business in Texas, and hereby [} designates aagent resident inLubbock County to whom any requisite notices may be delivered and on whom Service of process may be had in matters arising out ofsuch suretyship. � Surety � SS . (Title) ij Approved as to form: 9 �) City of Lubbock �9 By: City Attorney ` 2 *Noe I signed by an officer ofthe Surety Company there must beonfile acertified extract from the by-laws � showing that this person has authority msign such obligation. Isigned bya Attorney in Fact, wemust have copy of power of attorney for our files. j : j � � , d � a . � \\ � � � �} \] 2) 2 \} Bond NO. 54-201201 Issued in Five (5) counterparts STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN'$50,000) Tri-Lam Roofing & Waterproofing KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and United Fire & Casualty 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 Fifty -Eight Thousand Six Hundred Thirty-Flve Dollars ($58 635 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 8t6 day of January, 2015, to RFP 15-12082-TF Buildings Envelope Repair at the Southeast Water: Reclamation Plant Administration Building and said Principal under the law is required before commencing the work provided for in said contract to execute. a bond in the amount of said contract which 'contract is hereby referred to and made a part 'hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall 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. 1N WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this 20th day of January 20.13. United Fire & Casualty Company Tri-Lam Roofing & Waterproofing, Inc. Surety (Company Nam) A I (Title) Debbie Smith, Attorney -in -Fact (Signatur re a / l �� v/ V (Title) No Text The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Bryan Shofner an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process maybe had in matters arising out of such suretyship. United Fire & Casualty Company Surety * By. (Title) Debbie Smith, Attorney -in -Fact Approved as to b"�:'V/ C' y N e, f ed officer of the Surety Company there must be on file a certified eztraet from the by-laws sh t this rson has authority to sign such obligation. If signed 'by an Attorney in Fact, we must have c y f p er of ttorney for our files. 2 No Text No Text IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or com plaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection(&-tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 No Text 2. 3. 4. 5. 6. 7. 8. 9 10. i_ 11. 12. 13. i_ E_ INDEX NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS GOVERNMENT CODE § 2269.151 PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS-BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS 1 1 Page Intentionally Left Blank I NOTICE TO OFFERORS I I Pau Intentionally Left Blank NOTICE TO OFFERORS RFP 15-12082-TF Sealed proposals addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 p.m. on November 18, 2014 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: Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. The Contractor is required to submit one original and one copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 2:00 p.m. on November 18, 2014, and the City of Lubbock City Council will consider the proposals on December 18, 2014, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. The estimated budget for the project is $80,000. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference on such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a pre -proposal conference on November 4, 2014 at 10:00 A.M., at the Citv of Lubbock, Southeast Water Reclamation Plant at 3603 Guava Street, Lubbock, TX 79457. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each I", I offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the -1 prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, .%larta .Alvarez Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT I H GENERAL INSTRUCTIONS TO OFFERORS 1 Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 p.m. on November 18, 2014 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 15-12082- TF, Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock }{ 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing Contract Managers Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to i Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - mandatory pre -proposal conference will be held on November 4, 2014 at 10:00 A.M., at the City of Lubbock. Southeast Water Reclamation Plant at 3603 Guava Street. Lubbock. TX 79457. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. A site visit may be scheduled following the pre -proposal meeting. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. -µ 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP 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. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Manager. At the request of the r� proposer, or in the event the Purchasing Manager deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Manager. Such addenda issued by the Purchasing Manager Office will be available over the Internet at hqp://www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE 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 Manager Office no later than seven (7) calendar days before the proposal closing date. t 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Manager Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the proposals are received, and if no such notice is received by the Purchasing Manager prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Purchasing Manager before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than seven (7) calendar days prior to the opening of proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred , in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. -' 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 2 6 TRADE SECRETS. CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If Y you consider an portion of your proposal to be privileged or confidential by statute or judicial Y decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The rice or prices for the work shall include full compensation for all taxes, permits, etc. that the p p p proposer is or may be required to pay. _ 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 3 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Purchasing Manager if any language. reauirements. etc.. or anv combinations thereof. inadvertentiv restricts or limits the 3 i 4 requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing Manager Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made. t 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN SEVEN (7) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 13`h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 60 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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 4 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 1P p J against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final .' acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR - z The contractor will, upon written request, be furnished up to a maximum of 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 to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City } reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: 5 20 21 22 23 24 25 (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage" completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. CONTRACTOR'S REPRESENTATIVE F� The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 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 f' 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 2 f' 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 I submitted before contract execution. 26 LABOR AND WORKING HOURS 3 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. E 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 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. 26.4 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). 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, $200 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. 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). 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 1 �y 30 31 29.3.1 Proposer's name: 29.3.2 Proposal: RFP 15-12082-TF, Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has ' experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock Pill specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 20% for Contractor Qualifications, 5% for Record of Performance, and 15% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 20% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 5% RECORD OF PERFORMANCE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score). Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors 10 Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 will be given a zero. The City may consider any incidents involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio 32.4 15% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 32.6 The estimated budget for the construction phase of this project is $80,000. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract 3 with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, .a formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 11 r 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. ` 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified. 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.jzov/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 12 TEXAS GOVERNMENT CODE & 2269.151 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to j considering price alone, but may consider any other factor stated in the selection criteria. Paine Intentionally Left Blank I [l PROPOSAL SUBMITTAL FORM f I Page Intentionally Left Blank I PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: I PROJECT NUMBER: RFP 15-12082-TF - Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building Proposal of I rl - J2 M (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE PROPOSAL ITE M NO. DESCRIPTION UNIT MATERIALS LABOR TOTAL PRICE Envelope repair at the Southeast Water Reclamation Plant Administration Building 1 Base bid consists of the materials and LS a � labor for the necessary improvements for the above referenced project, as specified herein. TOTAL PROPOSAL ITEM #1: (S "5- (03S.• c10 } DURATION 1. Contractors proposed CONTRUCTION TIME for completion: TOTAL CALENDAR DAYS: 4 : 8 a t 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 60 Consecutive Calendar Days thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $100 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 24 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (S%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 days after notice of award of the contract to himU Offeror' s initials J � 7 jy7 (3 3 l i Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ } or a Proposal Bond in the sum of o Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date d " i � Addenda No.� Date I I Addenda No. Date Addenda No. Date 6 Mov k eusck (Printed or Typed Name) C mpany I �& s i)L). ern Ave Address City, County State Zip Code Telephone: gin - 4 �3 q I � Fax: gI ri 0 Email: yWr)jn n FEDERAL TAX ID or SOCIAL SECURITY No. Daa no �3 SAIA Document O et;t t CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Tri-Lam Roofing & Waterproofing, Inc. of business) United Fire & Casualty Company 965 W. Enon Avenue P.O. Box 73909 This document has Important legal Evecman, TX 76140 Cedar Rapids, ]A 52407-3909 consequences. Consultation with OWNER- an attorney Is encouraged with (Name, legal status and address) respect to Its completion or City of Lubbock modification. 1625 13th Street Anysingular reference to Lubbock, TX 79401 0miracter. Surely, Owner or BOND AMOUNT other party shalt be considered ***Five Percent Of Greatest Amount Bid*** ( 5% of GAB) ply where applicable. PROJECT: (Name, location or address and Project number, if aryl RFP 15-12082-TF Building Envelope Repair at the South East Water Reclamation Plant Administration Building The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administtators, successors and assigns, jointly and severally, as provided herein. The conditions of this Band are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the C.ontmctor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) paya to the Owner the difference, not to exceed the amount of this Bond, between the amountspecified.in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be decrMid deleted herefroin and provisions conform mg to such statutory or other legal requirement shall be deemed In herein. When so rurnished, the intent is that this l qd shall be construed as a statutory bond and not as a common law bond. Debbie Smith , Attorney-ln-Fact CAUTION: You should sign an original AIA Contract Document, on which this taxi appears in RED. An original assures that changes will not be obscured. AIA Docunnent A310TM — 2010. CopyrigN 01983, 1lf10 and 2010 byThti Am Wen Indiute ofArchitecto. AD ri%;I is nssehted.,W NQ: fife AlA twit. Dopwrient Is protected by U.9. t:opyrlgM Lew and ►nterntttional Tiouties, Unauthadwd mpred4etlan or distribution Of this AW'Docpment, or piny porFion of It, may result In severe civil and crWrid penaftles, and will be prosowted to rho mAx mhan va* posslble underthe law. l purchasers are permitted to reproduce tent (10) Coptcs of this documentwhen completed. To report coMgM violailons ofA1A eontma Documents. o-i W TheAmericmn Institute ofAmMWcb' legal counsel, copydgM&I*.org. os►r to u IAIquires ,, ' vmm FIREyliMpp COti ,, ve ^tocKiiv cn C(?IIP 'R CerfirlR8aS CQ'OWF,R'OF AtY ds' A CE qD - _ t � btli (orig *n on file at Horha ce of an Ceti* Cat ) r _ IcNO ALL PERSONS $Y THESE PRE$�'NT'S,.Thst UNITED & C{A$UAl ,TY COWANX duI artd ' under F`tlie jawsbf tits State of IovVaa� V17f1�'ED FIRE & INDEMtY'COMPA�tY acorpoiati+an daty,o�g YubiteTexas, and Fl lANCIAL PACIitTCIN5UUN� ,, E CC a c rp�at o� t � � CatlfomialJit.i>,1`I 1YirAN a �.b•. �Lbltl Yx' ditty ttirg 'taw3 of tote f eteni rciiielctevel� called tlie�` ��" es' and ' ' h'atr" ` ` . ers is State of i "' c tttute and ``into rpa g� a�pp f(11E PERDUE, OR DEBBTE SAIITM �•OR OO�N E D_)A�H, OR KR� iVIEEK,'`OR qAW A WA iZ±R, J E1t:LAR05A- �, fr FALL iNDYVIDUALLY�oif t � - 'i '` - 1 `: y x � t " t L � � tidy, tf `Zt % • �,, s �•" t . .� v i ?i. f, aj pJ g tit e �s r F r e a�,y'.',,,V' to t f .- elt true and hrwfiil Aft s k s r rT 1 °th omGy( }-m-i?act with er acid a thou hereby confe cod fb sjgn, s al and` �e iq its be ia[f air lav3fiut bows erect E rand other obligatory tnstnunmts of stintlar i�atuietpiovtded'that o singl /�� l��/ I`� n,/� j,/� 4 kt, n T oi�iLgah.,l{shaIIW.ceed }�r7,WV;t�06 and to braid the Co 'es Ui as full anSl ro the same ex �it ' , uliignzed of the Companies {, mpaA� , xY ,� tf sack snstnimgu were stgaeii by e duly a ofSers f said Att, pw~lttani 16 Ste - ereby; 'ead tirreliji `attd �` ` r y1v `�'� . r> ` �.t " and NY i thL {fL� a �� �'. [014�4",& }%�%z�The ithoin here tby d i$ conhnuotis'and t+emeuntquil`f`otcbriMD EMT I IY`'COWANY, ND FI�TAIyCfAI; AC .IA1S�JitAN� J ,''`r�.' i' ysK �• j txr �� 'v t r .'s }.� 4`"4 ,• k�$�_: i hY } Power of Attoiincj► is mW�add "a ' Wed p> merit` a`a t b3' at*#ty: of le"ib ` ' b lay�i dnl t h �I* 201 4 the Bo ni " : . > _. by - DirectbA of UNITM FIRE & CASUALTY COMPANY, UNITED FIR£'&`IND�tNITY COI�'ANY, apd"PINANCIAh PACI���INSURANCE 3 > "Article VI - Surety Bonds nd Undettrrkings", < " ,� - S�con T7 AfTointment of Attorney-m-Fact. 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C ' MP each these is to x Sv �� e 4 vi restdenu I o rates t�lxs_here aosro>une Q nP ' P � rP°_ - lith ay of NOifeMer 2013 r a ooiieoti►Ts £r `� U CO a{ �. .`; r' A,� 'P<S . _ x , Sri i-a:'� 3b} tilt srXr. ,�senc r' 1i88�; Ur &IlVD CO ANY I�'� � �"~�`"�` "`� PACIFi =II3SURANtrE��OMPANY k .-i a�"w r-g �Nlt11�NNt�h.NtltMtq�p By: �.- ti; riwa;�Cou*' of Linn, ss t�1' .15t 40vember, 2013, before me personally came t7ennls J. Richmann � _ g� ,, F Co me knawq,'who►emg ty me iiiity swidii; did depose'a say;'ihat hb amides hitdar ItaPids"tSi 9flow;.bat he i§�Nice_Prt� ybfUNITED FIItE &'CASUALTY COMPANY a Vke Presider_i o4UNITED FIRE —f-WD C��A 1Y; and:a Vtce est ut`o�fFINANCIAL> C;IFIC'� U�15[JR A;Nf:E CON P�ihTY a corporatidne =iibed iu ez tti "a islzum b' '��f ssiud":c p5�afiar thet'thG �> io the said instiume'ni:h`ca ' " tl� ed b0 �t. ttG aft of sat ti seal deal, pursut�fo t�ri given�iy e�ard iisdts �`cotpora qns • �:t 1s �. 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S'AcclllPORAT1oNs the} a rrrect t thereof and of t,►ok oitha v ;aril origr its, apd that the;gaid Powq ofAEtora" hasiwi > e Mvukixl anti is na%y iA fltU ford acid effe k ons itt testrmony wlaejeof I fisve he�e�tnto btid alit O ttciltporat seal ife satd f� yof- ntG f CorP°tati i { 1111Mt ^s,•' . 4. � f INltf "��=•~• ` s5c' � t,.5 r�A 7 i �"7,. qd °/ � {}t?,`i E• _ •�� s� 7i'6 � 1(i� c.Z � a d, y � � �� t1 � '' COP!'Oit�T�. � ;�$ ,� W � �y� '^-,� �,. "SBArt k '�rt;C 1946 �� '�, �` P ' •!.t c�� ��' � � .�i� c y • xis r}?at �t � � _ _ X��tt � �' zo` a���.� �� 3t'�. c# � - � t J4 � p..,£` v i. Y�4 N r'...�:,.�i� .. r. i "��UF&Ci'{ 5 Assrstaiit Secretary, UFdld/FPiC� . BI'QAt?Wt9 093 t f t til 4 .iY t` Un United Fire Groups IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United lire Insurance Company Addison Insurance Company Lafayette Insurance Company United Fire & Indemnity Company United Fim Lloyd You may call United Fire & Casualty Company's tall free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire & Casualty Company at: United Fire & Casualty Company Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire & Casualty Company Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. BOND0012 0901 HOME OFFICE. 118 Second Ave. SE, PO Box 73909. Cedar Rapids, IA 52407-3909 Phone: 319.399-5700 FAX, 319-399-5425 P CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a fiirm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. R. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work'! If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non -responsive, or conditional bids. in addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firms bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: 7 1 Contractor's General Information I Vice President's Name(s) Secretary's Name Treasurer's Name is Date of Qrianizati or Name Business Address Average Number Employees i ri 2 Average Estimate the Current Year 8 1, ail Contractor's Organizational Experience Organization Doing Business As Business Address of Regional Office OL06 UT Law -:]—X DlladQ Name of Regional Office Manager Telephone Numbers t -- —22 1It Main Number Fax Number f,}— $�� Dit-0 Web Site Address Sam 111 Ism"! J t Y) jyl List of names that this organization currently, has or anticipates operating under over the history of the organization, includin the names of related companies presently,doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization, Name of companies, Firms or organization Percent Ownership Years experience in projects similar to the proposed project: eayl"s As a General Contractor I tot Pr I As a Joint Venture Partner 1� Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? If yes provide full details in a separate attachment, See attachment No. Has this or a predecessor organization been released from a bid or proposal In the past ten ears? If yes provide full details in a separate attachment. See attachment No, �✓v Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state or federal agency within the last five ears? If yes provide full details in a separate attachment. See attachment No. p Is this organization or your proposed surely currently in any litigation or contemplating liti tion? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? �D If yes provide full details in a separate attachment. See attachment No. 9 Contractor's Proposed Key Personnel Organization Doing Business As ,Crnro p t l Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart.' Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. - Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. CU azh nun IN: Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel; Also provide biographical information for each primary and alternate candidate as an attachment. The biographical C.J information must include the fallowing as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the rotes and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best L� candidate for the assii meet should also be included. J Role Primary Candidate Alternate Candidate Project Manager Jackie Murchq O eS Project Superintendent s- -C wuroN�.� Project Safety Officer Set, eCA Quality Control Manager Qir r ia— If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each rote, if the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. to Proposed Project Managers r Proposed Project Superintendent ©rganization Doing Business As Name of Individual Reference Contact information(listing names indicates Name Title/ Position G Organization-:�ECMancl TeIc hone 1 E-mail Project D Candidate role on i Pr 'ect yip&i n r Name of Individual Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment r#. Percent of Time Used for Estimated j this Proec, t Completion P --- r2l . OQ wal to contacting the names individuals as a Percent of Time Used for this Proiect n1 Project • • O r N% tL"ria" t�lii 1M1.7:�$1!R.�'/ri� !_ I I �' �► Praoieiclate role on I ��� ( y (Jr)n Candidate ` role I Sir in 1..�' hCU r} j� on Proiect 12 - l Proposed Project Safety Officer Organization Doing Business As C�- Name of Individual QS� GI'Zc� Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer (� (- Number of similar projects in other positions O F- Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project Completion Date o 111311 30I o 11311 14 o I IaJR Reference Contact Information (listing names indicates ap l to contactingthe names individuals ph a reference Name r)0Y1 Name ►� Title/ Position �icl t 6✓ Title/ Position Or nization Y Or nization ,Li- Telephone .- Tel hone E-mail C E-mail Project )U f RAM/fICS Pro'cct ------ Candidate role on Candidate role Project on Project Name of Individual Years of Experience as Project Safety Officer Years of Experience with this organization i Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Pcrcent of Time Used for Estimated Project this Project Completion Date Name Name Title/ Position Title/ Position Or pization Organization H Y Telephone Telephone E-mail E-mail Project Project Candidate role on yl rrt� (f Candidate role &LXV1/1Gh Project nO4 f on Project 13 Proposed Project Quality Control Manager 14 Contractor's Project Experience and Resources 15 Contractor's Subcontractors and Vendors 16 Attachment A , Current Projects and Project CougActed wkbntn the last 10 Years Project Owner t4 4: 5S > Project Name General Description of Project: Project Cost -"" Date Project Completed tj Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Mane er Nameil�, ur k Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner T, eu cde A Designer r n, �a ! -� Db'•�f.�d� Construction Manager -2 , Project Owner y.5 Project Name. General Description o Project: Project Cost YId Date Project Completed %'r / Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Mara er Name n Reference Contact Information (listing names indicates approval to contacting the names ind Ads as a reference) Name Title/ Position Organization Telephone E-mail Owner n r e- ( t r,2 A eOAk a, -A S UAY& X-50 D 3� 3S3 - 03g9' Designer r 1� vt �} �1.,��1 '9I q - d 9 - 'f,?,R Construction Manager Project Owner I AA 9 07 !"M kO Project Name O:3 �1t 0- % -ANS' f General Description of Proj Project Cost Bate Project Completed (� / Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names indiviJunfi as a reference) CIO Name Title/ Position Organization Telephone E-mail Owner nvr'7 9 n' -J1,16 wn tr mcsolA? Fiver uqor4 t/P ✓ Alatp ir- 2 - yl 5 hea w 14- r r. k a 04 Construction Manager "t F P/C/- YWD ,r) flea J u 17 rr�r der I i8 7-7 Pun .r Eut'onnafion ' Project Owner �JY ' p1.t(l Project Name le i �r �? General Description of Project Hail Nmo�z J Q:eaiY wlt4i %az 5WessrTl1 O og �gC�nn Budget History Schedule Perfonuance Annount % of Bid Amount Date Days Bid r,� Oo 0 Notice to Proceed / Change Orders Contract Substantial Completion Date at Notice io Promed , Owner Enhancements Contract Final Cbmpletiozz Date, at Notice to Proceed Unforeseen Conditions Claup Order Authorized Substantial Campleuou Date Design Issues Chang Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost (j Oa Actual / Estimated Final Cozupleaion Date Quality Control Manager Project Manag" Project Sup Safety Officer Nam MUL U Ch �iGC 2Ct Percentage of Tune Devoted to the Project q� �/o QED f Proposed for this Project Did individual Start and Complete the Project"? If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner ire am Mare y Designer Construction Manager st,t� IW:!mber of Issues Total Amount involved in Number of Issues tTotal Amount involved ind Resolved Issues Penditt ! Resolved Issues 1R j.I Mark Rusch Roofing & Waterprooflng Project Manager/Sales 1 More than 20 years' experience in the roofing and waterproofing industry, including estimating, budgeting contracting, purchasing, and invoicing. Experience in full on -site management and installation of all types of roofing and' waterproofing systems. Started career installing roof systems as a laborer working up to foreman, then production manager, to currently sellingo and managing an average of 4 million dollars sales, proving to work effectively with architects, engineers, building_ owners, consultants, city officials and property managers. EDUCATION ■ Highlands High School San Antonio, Texas 1988-1992 EXPERIENCE 2004 to Present Tri-Lam Roofing & Waterproofing, Inc. General Manager/Owner Developed a loyal customer base with roofing and waterproofing needs. Oversee and manage daily operations including sales and production of all roofing and waterproofing. Responsible for adding over one to two million dollars in annual sales to the business. 2002 to 2004 _... J. Reynolds & Company, Inc. Project Manager Sold and managed over two million dollars in roofing and waterproofing projects. Responsible for managing one of many national account's for a major healthcare firm completing multiple exterior restoration and roofing projects. Worked with many private accounts helping to set budgets, and - maintenance Contracts. 1999 to 2002 t Collins & Associate, Inc. Project ManagerNice President Opened a waterproofing division in 1999. Sold and managed multiples projects, hired crews, set up jobs from start to finish includes ordering material to invoicing. Waterproofing division did over two million in sales in 2002. I was made vice president of the company in 2001._. 1992 to 1999 Pinnacle Rooting Company Project Manager Gained experience working in the field installing roofing and waterproofing systems. Installed metal roofs, cold process built -up -roofs, hot applied built -up -roofs, roof coating wall coatings, j torch systems, heat welded single -ply systems, EPDM single -ply systems. Worked and managed crews throughout all parts of the United States. 1 Scott brown Field Superintendent (Sheet Metal) Scott Brown has 22 years experience in the roofing industry. His construction career began with CBS Company in 1989 as a field hand. Upon his hiring at Tri-Lam Roofing and Waterproofing, in 2013, he served in field management positions beginning with on site project superintendent to his current responsrbility of Field Superintendent on many of Tri-Lam Roofing's projects. Due to the breadth and depth of his technical expertise, Mr. Brown also serves as an internal technical advisor on quality and production issues if they arise. His experience in the roofing field includes working with commercial low -slope roofing systems and high -slope metal roof systems. Systems include built-up asphalt/coal tar -pitch, modified membrane systems, single -ply system, and metal roof system. Scott has attended company -sponsored training in project and quality management, labor management from the Certified Contractors Network and safety from the Association of General Contractors (AGC) and the National Roofing Contractor Association (NRCA). He has taken specialized roofing system training from GAF, Tamko, Koppers, Johns Manville and Honeywell. EDUCATION ■ GAF ■ Tamko • Koppers ■ Johns Manville ■ Honeywell r 50 Hour OSHA Training ■ National Roofing Contractor Association (NRCA) OSHA Training ■ Certified Contractors Network — Total Quality Meeting training, Blue Color Management ■ Turner School of Construction Management CERTIFIED INSTALLER MBCI PANELS -Batton Lock, Super Lock, Lockseam, Ultra lock, Double Lock AEP SPAN -Span Lock, Span Lock HP, Spanseam FABREL-Uhltra Loc, Clima Guard BERRIDGE-Zee-Lock, Cee-Lock, Tee -Panel MCLORY-Medallion Lock, Medallion 2 EXPERIENCE 2013-PRESENT Tri-Lam Roofing & Waterproofing, Inc. Field Superintendent/Project Manager 2007 to 2013 Castro Roofing of Texas, L.P. Position: Sheet Metal Superintendent 2006 to 2007 Metal Systems Position: Superintendent Shop Forman 1993 to 2006 CD McKanie Position: Superintendent, Shop Forman, Installer 1989 to 1993 CBS Company Position: Foreman, Field Hand N Erick Gonzales Project Manager/Superintendent More than 18 years in construction supervision, including accurate takeoffs, estimating, budgeting, contracting, purchasing, and invoicing. Experience in full on -site construction management and land development; effectively schedule, monitor, and inspect all work from start customer orientation. Worked effectively with architects, engineers, developers, bankers, contractors, inspectors, city officials, decorators, agents, and home buyers. EDUCATION Remington College 1995-1996 Arlington High School 1993-1995 a 2006-PRESENT Tri-Lam Roofing & Waterproofing, Inc. Superintendent/Project Manager Responsible for all crews regarding daily assignments. Responsible for dealing with customers face to face to provide roof problem solving. Schedule, monitor, and inspect all work from start to finish, also maintain budgets, process invoices, and control overhead costs. Irl 2002 to 2005 Collins and Associates Superintendent Involved in completion of projects from staffing to final billing. Responsible for all final inspections on all projects. Responsible for all day to day communication between company and customer. 1996 to 2002 American Institute of Orthopedic and Sports Medicine Office manager/Surgical Supervisor ll Responsible for pre -evaluation of patients. Over saw entire x-ray department, in charge of...1 the entire surgical department. Over saw satellite physical therapy office. Jackie Murphy Project Manager Mr. Murphy has over 22 years of experience working as a roofer. His primary responsibility is to ensure that the work gets done, to schedule work -flow, monitor the quality of workers; output, keep track of materials used, update inventory control system. He supervises to ensure that workers, equipment, and materials are used properly and efficiently to maximize productivity. He is also responsible for very expensive and complex roofing equipment. He makes sure machinery is set up correctly and schedules or performs repairs and maintenance work. Mr. Murphy creates work schedules, keeps production and employee records, monitors employees and ensures that work is done correctly and on time. Mr. Murphy's experience on large and complex projects has been valuable to Tri-Lam Roofing & Waterproofing, Inc. Some of these projects include both federal and state projects which require meticulous attention to not only the technical requirements but also the paperwork aspects required to meet the owner's specifications. EDUCATION ■ 30 Hour OSHA Training EXPERIENCE July 2013 to Current Tri-Lam Roofing & Waterproofing, Inc. IfPosition: Project Manager March 2005 to July 2013 Castro Roofing of Texas, L.P. Position: General Superintendent October 2004 to February 2005 Texas Roofing Contractors Position: General Superintendent January 2004 to October 2004 McLung Roofing Position: Project Manager April 2002 to January 2004 J. Reynolds & Company Position: General Superintendent June 2001 to April 2002 Collins & Associate Position: General Superintendent April 2000 to June 2001 Tuttle Roofing Position: General Superintendent May 1999 to April 2000 C.E.I. Roofing Position: General Superintendent March 1997 to May 1999 Windriver Roofing Position: General Superintendent May 1995 to March 1997 Cram Roofing Position: General Superintendent July 1989 to May 1995 Ford Roofing Position: Foreman Tri-Lam Roofing and Waterproofing Quality a a IIIIq ' r:• r; Printed copy valld jar 24 hours from dme ojprindng unless stamped "CONTROLLED COPY" In red Page 1 of 16 } - - ri-Lam Roo ang and Waterproofing �-, Quality Manual 1.0 Scope and Exclusions scope This Quality Manual contains policies that have been Implemented at Tri-Lam Roofing and Waterproofing. This manual pertains to processes relating to: 1. Roofing 2. Waterproofing 3. Metal panel work 4. Coatings The manual is written to comply with the requirements of ISO 9001. Exclusions The organization has no permissible exclusions as they apply to ISO 9001 requirements. This organization has one exclusion: 7.3 Design and Develop-Ment Justification: Tri-Lam Roofing and Waterproofing does not design or develop products for our customers. 2.0 Company Tri-Lam Roofing and Waterproofing is located in Fort Worth, Texas. The original Tri-Lam Company was formed in San Antonio, Texas and was primarily a general contracting firm since 1996. The roofing division was started in 2004 in the Fort Worth area and is now the Main Office and location for the business. Tri-Lam Roofing and Waterproofing is owned and managed by Mark Rusch. Tri-Lam Roofing and Waterproofing specializes in elastomeric roof coatings systems, high rise wall coatings, brick restorations, and built up roof systems. Tri-Lam is a company specialized in dealing with waterproofing systems and coating systems many roofing companies are not capable of dealing with. Along with our corporate clients, many of our projects are performed for other roofing contractors to handle the waterproofing and coatings issues they are not experienced in dealing with. Our crews are very versatile in meeting the needs of our clients in the roofing and waterproofing fields. Our philosophy is "Service Plus Quality". This is carried out by our trained field foreman and upper management stall. Tri-Lam Roofing and Waterproofing requires foreman to inspect their work daily and this is '. measured by few if any returns and shown with little to no punch list items. We do it right the first time! r Printed copy valid for Zd hoursfronr time of printing unless stamped "CONTROLLED COPY" !n red Page 2 of 18 n i Tri-Lam Roofing and Waterproofing Quality anal 3.0 Terms and Definitions Throughout this Quality Manual, the term "organization" refers to Tri-Lam Roofing and Waterproofing Printed copy valid for 24 hours from time ofprinting milers stamped "CONTROLLED COPY" In red Page 3 of 18 s e TH-Lam Roofing and Waterproofing Quality Manual 4.0 Quality Management System 4.1 General requirements The organization Tri-Lam Roofing and Waterproofing has established, documented, implemented and currently maintains a quality management system. We continually Improve Its effectiveness in accordance with the requirements of ISO 9001. The organization: • has determined the processes needed for the quality management system and their application throughout the organization, e determined the sequence and interaction of these processes, • determined criteria and methods needed to ensure that both the operation and control of these processes are effective, • ensures the availability of resources and Information necessary to support the operation and monitoring of these processes, e monitors, measures where applicable, and analyzes these processes, and Implements actions necessary to achieve planned results and continual Improvement of these processes. These processes are managed by the organization in accordance with the requirements of ISO 9001. Where the organization chooses to outsource any process that affects product conformity to requirements, the organization ensures control over such processes. The type and extent of control to be applied to these outsourced processes are defined within the quality management system. Printed copy valid jar 24 hours from lime offprinting unless stamped "CONTROLLED COPY" & red 2 Page 4 of 18 No Text `i'ri-Lam Roofing wid WaterprooMig Quality Manual 4.2 Documentation Requirements 4.2.1 General The quality management system documentation includes: • documented statements of a quality policy and quality objectives, • a quality manual, • documented procedures and records required by ISO 9001, Including Document Control, Record Control, Internal Audit, Control of Non -conforming Product, Corrective and Preventive Action, • documents, including records, determined by the organization to be necessary to ensure the effective planning, operation and control of Its processes. 4.2.2 Quality Manual The organization has established and currently maintains a quality manual that includes: • the scope of the quality management system, including details of and justification for any exclusions, • the documented procedures established for the quality management system, or reference to them, and • a description of the Interaction between the processes of the quality management system. The Quality Department is responsible for maintaining the quality manual. 4.2.3 Document Control Documents required by the quality management system are controlled. Records are a special type of document and are controlled according to the requirements given In section 4.2.4. A documented procedure has been established to define the controls needed: • to approve documents for adequacy prior to issue, • to review and update as necessary and re -approve documents, • to ensure that changes and the current revision status of documents are Identified, • to ensure that relevant versions of applicable documents are available at points of use, • to ensure that documents remain legible and readily identifiable, • to ensure that documents of external origin determined by the organization to be necessary for the planning and operation of the quality management system are identified and their distribution controlled, and • to prevent the unintended use of obsolete documents, and to apply suitable identification to them if they are retained for any purpose. The Document Control Manager is responsible to maintain the Document Control Procedure, to ensure that relevant version's are available at points of use, to remove obsolete documents, and j' to control external documents. Documents are reviewed and approved, including re -approval as required, by the appropriate functional manager along with the Quality Manager and owner. F Printed copy vaild for 24 hoursfran dow ofprla8ng unless stamped "CONMOLLED COPY" in red Page 6 of 18 . Tri-Lam Roofing and Waterproofing Quality Marival 4.2.4 Control of Records Records established to provide evidence of conformity to requirements and of the effective operation of the quality management system shall be controlled. a A documented procedure has been established to define the controls needed for the identification, storage, protection, retrieval, retention and disposition of records. Fi Records are legible, readily identifiable and retrievable. The Document Control Manager and Office Managers are responsible to maintain the Records Control Procedure. 5.0 Management Responsibility 5.1 Management Commitment Top management of Owners and Sales Managers provides evidence of its commitment to the development and implementation of the quality management system and continually Improve Its effectiveness by: • communicating to the organization the importance of meeting customer as well as statutory and regulatory requirements, • establishing the quality policy, • ensuring that quality objectives are established, • conducting management reviews, and • ensuring the avaiiability of resources. Top management is considered to be the Quality Steering Team or the Owner, which includes the following members: Owners, Sales Managers, and Project Management. 5.2 Customer Focus Top management, Owners and Sales Managers ensures that customer requirements are determined and are met with the aim of enhancing customer satisfaction. 7 5.3 Quality Policy I Top management, Owners and Sales Managers ensures that the quality policy: • is appropriate to the purpose of the organization, • Includes a commitment to comply with requirements and continually improve, the effectiveness of the quality management system, • provides a framework For establishing and reviewing quality objectives, • is communicated and understood within the organization, and • is reviewed for continuing suitability. p t_JY i Printed copy valldfor 14 hoursfrom tine ofprindng unless stamped "CONTROL t ED COPY" In red { Page 7 of 28 ` H- .aoin Roofing and Waterproofing uality Manual The Quality Manager Is responsible for ensuring the quality policy is reviewed during the Management Review process. 5.4 Planning 5.4.1 Quality Objectives Top management of Owners and Sales Managers ensures that quality objectives, including those needed to meet requirements for product, are established at relevant functions and levels within the organization. The quality objectives are measurable and consistent with the quality policy. The Site Manager Is responsible for establishing and maintaining the quality objectives. 5.4.2 Quality management system planning J Top management of Owners and Sales Managers ensures that: • the planning of the quality management system is carried out in order to meet the requirements given in section 4.1, as well as the quality objectives, and the Integrity of the quality management system Is maintained when changes to E the quality management system are planned and Implemented. t -= 5.5 Responsibility, Authority and Communication 5.5.1 Responsibility and authority Top management of Owners and Sales Managers ensures that responsibilities and authorities are defined and communicated within the organization. 5.5.2 Management Representative Top management has appointed a member of management who, irrespective of other responsibilities, has responsibility and authority that Includes: ensuring that processes needed for the quality management system are established, Implemented and maintained, reporting to Top management on the performance of the quality management system and any need for Improvement, and ensuring the promotion of awareness of customer requirements throughout the organization. The appointed management representative is the Sales Manager / Project Manager. They serve as the liaison to external parties on matters relating to the quality system. 5.5.3 Internal communication Top management of Owners and Sales Managers ensures that appropriate communication processes are established within the organization and that communication takes place regarding the effectiveness of the quality management system. Printed copy ualld for 24 hoursfrom time ofprindng unless stamped "CONTROLLED COPY" in red Page 8 of 18 I p Tri-Lam Roofing and Waterproofing Quality Manual � I 5.6 Management Review Top management reviews the organization's quality management system, at planned intervals, to ensure Its continuing suitability, adequacy and effectiveness. This review includes assessing opportunities for improvement and the need for changes to the quality management system, including the quality policy and quality objectives. Records from management reviews are maintained by the Quality Manager The input to management review Includes information on: p • results of audits, • customer feedback, $0 process performance and product conformity, y0 status of preventive and corrective actions, • follow-up actions from previous management reviews, ft a changes that could affect the quality management system, and ? ® recommendations for improvement. U The output from the management review includes: • any decisions and actions related to Improvement of the effectiveness of the quality management system and Its processes, a Improvement of product related to customer requirements, and i 0 resource needs. The following individuals attend Management. Reviews: Owners, Sales Managers and Office Managers 6.0 Resources Management 6.1 Provision of Resources The organization determines and provides the resources needed to implement and maintain the quality management system and continuaily improve its effectiveness and to enhance customer satisfaction by meeting customer requirements. 6.2 Human Resources �. 6.2.1 General Personnel performing work affecting conformity to product requirements are deemed competent on the basis of appropriate education, training, skills and experience. The Human Resources Department and Sales Managers are responsible for assessing competence. 6.2.2 Competence, training and awareness J The organization: determines the necessary competence for personnel performing work affecting conformity to product requirements, where applicable, provides training or takes other actions to achieve the necessary competence, 4 Printed copy valid for 14 hours from dme ojpr►'n ng unless stamped "COMROLLED COPY" In red ? Page 9 of 10 pj ` i-I-Lana Roofing and Waterproofing Quality Manual • evaluates the effectiveness of the actions taken, • ensures that personnel are aware of the relevance and Importance of their activities and how they contribute to the achievement of the quality objectives, and • maintains appropriate records of education, training, skills and experience. The Human Resources Department and Sales Management are responsible to determine competency requirements and to oversee the training process. Human Resources and Office Management also maintains appropriate records of education, training, skills, and experience. 6.3 infrastructure The organization determines, provides and maintains the infrastructure needed to achieve conformity to product requirements. Infrastructure includes, as applicable: • buildings, workspace and associated utilities, • process equipment (both hardware and software), and • supporting services (such as transport, communication or Information systems). 6.4 Work Environment The organization determines and manages the work environment needed to achieve conformity to product requirements. The Facilities project managers are responsible to Identify and control work environment requirements. 7.0 Product Realization 7.1 Planning of Product Realization The organization plans and develops the processes needed for product realization. Planning of product realization is consistent with the requirements of the other processes of the quality management system. In planning product realization, the organization determines the following, as appropriate: • quality objectives and requirements for the product, • the need to establish processes and documents, and to provide resources specific to the product, • required verification, validation, monitoring, measurement, inspection and test activities, specific to the product and the criteria for product acceptance, • records needed to provide evidence that the realization processes and resulting product meet requirements. The output of this planning is in a form suitable for the organization's method of operations. The Sales Managers are responsible for planning production or service provision and for maintaining associated records. PrInfed copy valid for 74 hoursfront dme of printing unless slumped "CONTROLLED COPY" in red Page 10 of 18 Tri-Larn Roofing and Waterproofing Quality Manual=� 7.2 Customer -related Processes 7.2.1 Determination of requirements related to the product The organization determines: • requirements specified by the customer, including the requirements for delivery and post -delivery activities, • requirements not stated by the customer but necessary for specified or intended use, where known, • statutory and regulatory requirements applicable to the product, and • any additional requirements considered necessary by the organization. The Sales Department Is responsible for determining all customer requirements, whether specified; not stated, but necessary; or statutory and regulatory. 7.2.2 Review of requirements related to the product The organization reviews the requirements related to the product. This review Is conducted prior to the organization's commitment to supply a product to the customer (e.g. submission of tenders, acceptance of contracts or orders, acceptance of changes to contracts or orders) and ensures that: • product requirements are defined, • contract or order requirements differing from those previously expressed are resolved, and • the organization has the ability to meet the defined requirements. Records of the results of the review and actions arising from the review are maintained. The Sales Department is responsible for the review and for maintaining the records. Where the customer provides no documented statement of requirement, the customer requirements are confirmed by the organization before acceptance. Where product requirements are changed, the Sales Department ensures that relevant documents are amended and that relevant personnel are made aware of the changed requirements. 7.2.3 Customer communication The organization determines and implements effective arrangements for communicating with customers In relation to: + product Information, • enquiries, contracts or order handling, Including amendments, and • customer feedback, Including customer complaints. 7.4 Purchasing 7.4.1 Purchasing process The organization ensures that purchased product conforms to specified purchase requirements. The type and extent of control applied to the supplier and the purchased product is dependent { upon the effect of the purchased product on subsequent product realization or the final product. Printed ropy Yalld jor 24 hoursjrona !!me ojprindog unl= stamped "CONTROLLED COPY" In red Page 12 of 18 . ToQ�-Lam oofing ar c! atea° oo ing Quality Manual k The organization evaluates and selects suppliers based on their ability to supply product in accordance with the organization's requirements. Criteria for selection, evaluation and re- evaluation is established. Records of the results of evaluations and any necessary actions arising from the evaluation are maintained. The Purchasing Department and Sales Managers are responsible for controlling the purchasing process and For maintaining appropriate records. 7.4.2 Purchasing information Purchasing information describes the product to be purchased, including where appropriate: • requirements for approval of product, procedures, processes and equipment, • requirements for qualification of personnel, and • quality management system requirements. The organization ensures the adequacy of specified purchase requirements prior to communication to the supplier. 7.4.3 Verification of purchased product The organization establishes and Implements the Inspection or other activities necessary for ensuring that purchased product meets specified purchase requirements. Where the organization or Its customer intends to perform verification at the supplier's premises, the organization states the Intended verification arrangements and method of product release In the purchasing information. 7.5 Production and service provision 7.5.1 Control; of production and service provision The organization plans and carries out production and service provision under controlled conditions. Controlled conditions Include, as applicable: • the availability of information that describes the characteristics of the product, • the availability of work Instructions, as necessary, • the use of suitable equipment, • the availability and use of monitoring and measuring equipment, • the implementation of monitoring and measurement, and • the implementation of product release, delivery and post -delivery activities. The Production Department and Project Managers are responsible for controlling all phases or product and service provision and for maintaining appropriate records. 7,5.2 Validation of processes for production and service provision The organization validates any processes For production and service provision where the resulting output cannot be verified by subsequent monitoring or measurement and, as a Printed copy volid for 24 hoursfrons time ofprindng unless stamped "CONTROLLED COPI"' In red Page 12 of 18 Quality Manual consequence, deficiencies become apparent only after the product is in use or the service has been delivered. Validation demonstrates the ability of these processes to achieve planned results. 1 The organization establishes arrangements for these processes including, as applicable: defined criteria for review and approval of the processes, e approval of equipment and qualification of personnel, use of specific methods and procedures, requirements for records, and revalidation. 7.5.3 Identification and traceability Where appropriate, the organization identifies the product by suitable means throughout product realization. The organization identifies the product status with respect to monitoring and measurement requirements throughout product realization. Where traceability is a requirement, the Sales Managers control the unique identification of the product and maintains records. 7.5.4 Customer property The organization exercises care with customer property while it Is under the organization's control or being used by the organization. The organization identifies, verifies, protects and safeguards customer property provided for use or Incorporation Into the product. If any customer property is lost, damaged or otherwise found to be unsuitable for use, the organization shall report this to the customer and maintain records, Customer property can include intellectual property and personal data. The Project Manager and Sales Managers are responsible for controlling and recording customer property. The Sales Department is responsible for all communication with the customer regarding their property. 7.5.5 Preservation of product The Production Department Project Managers and Sales Managers are responsible for preserving the product during internal processing and delivery to the intended destination In order to maintain conformity to requirements. As applicable, this preservation includes identification, handling, packaging, storage and protection. Preservation also applies to the constituent parts of a product. 7.6 Control of monitoring and measuring equipment The organization determines the monitoring and measurement to be undertaken and the monitoring and measuring equipment needed to provide evidence of conformity of product to i determined requirements. The organization establishes processes to ensure that monitoring and : > measurement can be carried out and are carried out In a manner that Is consistent with the monitoring and measurement requirements. The Project Manager Is responsible for all aspects related to the system of controlling monitoring and measurement. r �r Printed copy valld for 74 hours from time ojprindng unless stamped "CONTROLLED COPY" In red Page 13 of 18 . Tr! are Roofing and Waterproofing Quality Manual Where necessary to ensure valid results, measuring equipment is: calibrated or verified, or both, at specified intervals, or prior to use, against ' measurement standards traceable to international or national measurement standards; where no such standards exist, the basis used for calibration or verification Is recorded, f adjusted or re -adjusted as necessary, i • identified in order to determine Its calibration status, safeguarded from adjustments that would Invalidate the measurement result, • protected from damage and deterioration during handling, maintenance and ? storage. In addition, the organization assesses and records the validity of the previous measuring results when the equipment Is Found not to conform to requirements. The organization takes appropriate action on the equipment and any product affected. Records of the results of calibration and verification are be maintained. When used In the monitoring and measurement of specified requirements, the ability of computer software to satisfy the Intended application is confirmed. This is undertaken prior to initial use and reconfirmed as necessary. 8.0 Measurement, analysis and improvement 8.1 General i The organization plans and implements the monitoring, measurement, analysis and improvement processes needed: • to demonstrate conformity to product requirements, �- • to ensure conformity of the quality management system, and to continually improve the effectiveness of the quality management system. This includes determination of applicable methods, Including statistical techniques, and the 6 extent of their use. The Sales Manager is responsible for systems related to monitoring, measurement, analysis and Improvement. ' 8.2 Monitoring and measurement 1,, 8.2.1 Customer satisfaction As one of the measurements of the performance of the quality management system, the organization monitors information relating to customer perception as to whether the organization has met customer requirements. The methods for obtaining and using this information are determined by the Sales Department 8.2.2 Internal audit The organization conducts internal audits at planned intervals to determine whether the quality management system: �.d Printed copy valid jvr 24 hoursfront dme of printing unless stamped "CONTROLLED COPY" !n red L, Page 14 of 18 Tri-Lary Roofing and Waterproofing Quality Manual • conforms to the planned arrangements, to the requirements of ISO 9001 and to the quality management system requirements established by the organization, , and • Is effectively implemented and maintained. An audit program has been planned, taking Into consideration the status and Importance of the processes and areas to be audited, as well as the results of previous audits. The audit criteria, r scope, frequency and methods are defined. This selection of auditors and conduct of audits ensures objectivity and impartiality of the audit process. Auditors do not audit their own work. A documented procedure has been established to define the responsibilities and requirements for planning and conducting audits, establishing records and for reporting results. Records of the auidts and their results are maintained. The Owner and Office Managers are responsible to oversee the Internal auditing system and for maintaining appropriate records. The management responsible for the area being audited ensures that any necessary corrections and corrective actions are taken without undue delay to eliminate detected nonconformities and their causes. Follow-up activities include the verification of the actions taken and the reporting of verification results. 8.2.3 Monitoring and measurement of processes Tri-Lam Roofing and Waterproofing applies suitable methods for monitoring and, where applicable, measurement of the quality management system processes. These methods demonstrate the ability of the processes to achieve planned results. When planned results are not achieved, correction and corrective action is taken by the appropriate personnel, to ensure conformity of the product. 8.2.4 Monitoring and measurement of product Tri-Lam Roofing and Waterproofing monitors and measures the characteristics of the product to verify that product requirements have been met. This is carried out at appropriate stages of the product realization process in accordance with the planned arrangements. Evidence of conformity with the acceptance criteria is maintained. Records Indicate the person(s) authorizing release of product for delivery to the customer. The release of product and delivery of service to the customer does not proceed until the planned arrangements have been satisfactorily completed, unless otherwise approved by a relevant authority and, where applicable, by the customer. 8.3 Control of nonconforming product Tri-Lam Roofing and Waterproofing ensures that product which does not conform to product ' requirements Is identified and controlled to prevent its unintended use or delivery. A Printed copy valfd for 24 hours from dme of pdnthtg unless stomped "COWROLLED COPY" In red Page 15 of I8 Tri- aiin Roofing and Waterproofing Quality Manual documented procedure has been established to define the controls and related responsibilities and authorities for dealing with nonconforming product. Where applicable, the organization deals with nonconforming product by one or more of the following ways: • by taking action to eliminate the detected nonconformity; • by authorizing Its use, release or acceptance under concession by a relevant authority and, where applicable, by the customer; • by taking action to preclude its original Intended use or application; • by taking action appropriate to the effects, or potential effects, of the nonconformity when nonconforming product is detected after delivery or use has started. When nonconforming product is corrected it Is subject to re -verification to demonstrate conformity to the requirements. Records of the nature of nonconformities and any subsequent actions taken, Including concessions obtained, are maintained. 8.4 Analysis of data Tri-Lam Roofing and Waterproofing determines, collects and analyzes appropriate data to demonstrate the suitability and effectiveness of the quality management system and to evaluate where continual Improvement of the effectiveness of the quality management system can be made. This includes data generated as a result of monitoring and measurement and from other relevant sources. The analysis of data provides information relating to: • customer satisfaction, • conformity to product requirements, • characteristics and trends of processes and preventive action, and • suppliers. products including opportunities for The Sales Management is responsible for determining the data requirements and for coordinating with other departments to collect and subsequently analyze the data in order to make improvements. 8.5 improvement 8.5.1 Continual improvement The organization continually improves the effectiveness of the quality management system through the use of the quality policy, quality objectives, audit results, analysis of data, a corrective and preventive actions and management review. _. 8.5.2 Corrective Action r The organization takes action to eliminate the cause of nonconformitles in order to prevent their recurrence. _ Printed copy valid for 24 hours from time of pruning unless sraniped "CONTROLLED COPY" In red Page 16 of 18 Tri aon Roofing and Waterproofing �. ality Manual Corrective actions are appropriate to the effects of the nonconformities encountered. A documented procedure has been established that defines requirements for: a • reviewing nonconformitfes (including customer complaints), • determining the causes of nonconformities, • evaluating the need for action to ensure that nonconformities do not recur, determining and implementing action needed, • recording and maintaining records of the results of action taken, and • reviewing the effectiveness of the corrective action taken. The Owners and Sales Managers are responsible for maintaining the procedure and the associated records. 8.5.3 Preventive Action The organization determines action to eliminate the causes of potential nonconformities in order to prevent their occurrence. Preventive actions are appropriate to the effects of the potential problems A documented procedure has been established to define requirements for: • determining potential nonconformities and their causes, • evaluating the need For action to prevent occurrence of nonconformities, • determining and implementing action needed, • recording and maintaining the results of action taken, and • reviewing the effectiveness of the preventive action taken. The Sales Managers and Office Managers are responsible For maintaining the procedure and the associated records. it Printed copy valid for 14 hoursjrom fim ojprindag unless slamped "COMROLLED COPY" in red Page 17 of 18 1 l.. t City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Provos I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. Contractor (Original Signature) CONTRACTOR'S BUSINESS NAME: /r, --lam k (Print or c 6(t�tlf2 ri—ol-'C's Contractor (Print) CONTRACTOR'S FIRM ADDRESS: 1�_- �y ° Ayiv,? u-P L-Yckninji. 1,7t. o l y NOTE TO CONTRACTOR LTD-//!25 ih If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775- 2572. RFP 15-12082-TF - Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building Page Intentionally Left Blank SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors In determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, core tion, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership institution, received citations for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. OcJ P ''4 Q, I"�k _ S P46Zkud fferor's Initials I Page Intentionally Left Blank QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft or , final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. 0UESTIQD1 TIIREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convict e ,within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR a r. Provide your company's Experience Modification Rate and supporting information: 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 info ion lven by me in this questionnaire will be investigated, with my full permission, and that any misrepresents ' ns o i ions may cause my proposal to be rejected. ignature D-q;qj I`'LCchGL V Title E IN THE MATTER OF: TRI-LAM Roofing & Waterproofing OSHA INSPECTION # 958359 ISSUED: 03/17/2014 EXPEDITED INFORMAL SETTLEMENT AGREEMENT The undersigned EMPLOYER and the undersigned Occupational Safety and Health Administration, (OSHA), in settlement of the above referenced Citation(s) and Notification(s) of Penalty which were issued on 03/17/2014, hereby agree as follows: 1. The EMPLOYER agrees to correct the violations as cited in the above referenced citations. 2. The EMPLOYER agrees to provide evidence of the actions taken to correct the cited violations. 3. Upon correction of all violations, the EMPLOYER agrees to provide written certification to the Area Director that all of the violations have been corrected. The EMPLOYER agrees to post a copy of the written certification for a period of three days in the place the citations were posted as described in paragraph 6 of this r AGREEMENT. 4. OSHA agrees that the total penalty is amended to $5880.00, Failure of the EMPLOYER to comply with the terms of this AGREEMENT shall cause the penalty to revert to the initially proposed penalty of $9800.00. 5. in consideration of the foregoing amendments and/or modifications to the citations, the EMPLOYER hereby waives its right to contest said citations pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970. It is understood and agreed by the Occupational Safety and Health Administration and the EMPLOYER that the citations as amended and/or modified by this agreement shall be deemed a final order not subject to review by any court or agency. 6. The EMPLOYER agrees to immediately post a copy of this Settlement Agreement in the same manner and place as the Citations (Citations are required by law to be posted in a prominent place at or near the location of the violations). Citations must remain posted until the violations cited have been corrected, or for three working days (excluding weekends and Federal Holidays, whichever is longer.) 7. Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding. Company Official and Title 31-Z / i / Date Siffned Date Signetl `F`,r,EltT Qp Gd U.S. Department of Labor Inspection Number: 958359 t ' Inspection Dates . 02/12/2014 - 02/12/2014 d Qccdpational Safety and Health Administration P � )' 1 Issuance Date: 03/17/2014 Citation and Notification of Penalty Company Name: TRI-LAM Roofing & Waterproofing g Inspection Site: 549 W. Loop 820 N, Fort Worth, TX 76108 i Citation 1 Item 3 Type of Violation: Serious 29 CFR 1926.503(c): The employer did not retrain affected employees who already had been trained but demonstrated inadequate understanding and skill required by paragraph (a) of this section: Note: Circumstances where retraining is required include, but are not limited to, situations where (1) Changes in the workplace render previous training obsolete; or (2) Changes in the types of fall protection systems or equipment to be used. On or about February 12, 2014, and times prior thereto, on the west side of the building, employees engaged in roofing activities without a fall protection system in place were exposed to a fall hazard of approximately 30 feet to the lower level. ABATEMENT DOCUMIENTATION REQUIRED FOR THIS ITEM Date By Which Violation Must be Abated: Proposed Penalty: Jack 04/ 14/2014 \ $2100.00 1 See pages I through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 8 of 10 OSHA-2 U.S. Department of Labor Inspection Number; 958359 Occupational Safety and Health Administration Inspection Date(s): 02/12/2014 - 02/12/2014 Zsaaance Date: 03/17/2014 4 Citation and Notification of Penalty a Company Name: TRI-LAM Roofing & Waterproofing Inspection Site: 549 W. Loop 820 N, Fort Worth, TX 76108 Citation I Item I Type of Violation: St*HOUS 29 CFR 1926.501(b)(10): Each employee engaged in roofing activities on low -slope roofs with unprotected sides and edges 6 feet or more above lower levels, was not protected from falling by guardrail systems, safety net systems, personal fall arrest systems, or a combination of warning line system and guardrail system, warning line system and safety net system, or warning line system and personal fall arrest system, or warning line system and safety monitoring system. Or, on roofs 50-feet (15.25 m) or less in width, each employee was not protected by use of a monitoring system. On or about February 12, 2014, and times prior thereto, on the west side of the building, employees engaged in roofing activities without fall protection were exposed to a fall hazard of approximately 30 i feet to the lower level. Date By Which Violation Must be Abated: Proposed Penalty: 04/ 14/2014 $4900.00 See pages I through 4 of this Citation and Notification of Penalty for information on employer and employec rights and responsibilities. Citation and Notification of Penalty Page 6 of 10 OSHA-2 5w_a b U.S. Department of Labor Inspection Number: 958359 ,T4t�LNT of�a Occupational Safety and Health Administration Inspection Date(s): 02112/2014 - 02/12/2014 Issuance Date: 03/17/2014 x .r 4 Citation and Notification of Penalty Company Name: TR1-LAM Roofing & Waterproofing Inspection Site: 549 W. Loop 820 N, Fort Worth, TX 76108 Citation 1 Item 2 Type of Violation: SeriOIIS 29 CFR 1926.502(d)(19): Personal fall arrest systems and components subjected to impact loading were not immediately removed from service and/or were reused before they were inspected by a competent person and determined to be suitable for reuse. On or about February 12, 2014, and times prior thereto, on the west side of the building, employees engaged in roofing activities utilized harnesses that were previously subjected to impact, exposing them to a fall hazard of approximately 30 feet to the lower level. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date By Which Violation Must be Abated: Proposed Penalty: 04/ 14/2014 $2800.00 Seepages l through 4 of this Cibuion and Notification of Penalty for information on employer and ernptoyee rights and responsibilities. CitoBon and Notification of Penalty Page 7 of 10 OSHA-2 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. 11, 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: 1 r 1-_1 _ 4,.; FEDERAL TAX ID or SOCIAL SECURI Signature of Company Official:�C Printed name of company official signing Date Signed: eY LIST OF SUB -CONTRACTORS Minority Owned Company Location Services Provided Yes No 1. 13 0 2. 13 0 3. 0 0 4. a 0 5. 0 0 6. a 0 7. 13 0 8. 0 9. 0 0 10. 0 a 11. 13 a 12. 0 0 13. Cl 0 14. 13 a 15. 0 a 16. 0 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: -1 -1-- % -c2 (PRINT NAM j PF COMPANY) RFP 15-12082-TF - Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building Pa2e Intentionally Left Blank I POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing Manager Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. If no sub -contractors will be used please indicate so. FINAL LIST OF SUB -CONTRACTORS Pau Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SUB -CONTRACTORS Company NaWe Location Minority Owned Services Provided Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUBMITTED BY: 1C THIS FORM SHALL BE COMPLETED AND RETUNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 15-12082-TF - Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building Page Intentionally Left Blank I I Ni III PAYMENT BOND I Id Pate Intentionally Left Blank PERFORMANCE BOND Pate Intentionally Left Blank 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 as Principal(s), and (hereinafter called the Principal(s), (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 Fifty -Eight Thousand Six Hundred Thirty -Five Dollars ($58 635 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 8th day of January, 2015, to RFP 15-12082-TF Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2015. Surety (Company Name) *By: (Title) By: (Printed Name) (Signature) (Title) . � The undersigned surety company represents that itis duly qualified todobusiness inTexas, and hereby [\ designates an agent re&dn in Lubbock County to whom any requisite notices may bedelivered and onwhom service oprocess may behad inmatters aiangout osuch suretyship. j /} Surety � *By: 2 (Title) ! Approvedas to Form f City of Lubbock By City Attorney Note: If signed by an officer othe Surety Company, there must beogfile acertified extract from the by-laws \ showing that this person has authority to sign suc obligation. I signed by an Attorney in Fat we must have copy of power of attorney for our files. �\ \ � � l � ] / ) . . � . a � �] �j C! [\ \} \\ }� � 2 i) � CERTIFICATE OF INSURANCE Pate Intentionally Left Blank 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 or me stanaara ponctes usea oy tms company, me runner nerematrer aescnoea. nxcepttons to stanaara poucy notes nereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'SRISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATIONFLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ El Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ 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 Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: L 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. x CONTRACTORCHECKLIST (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (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 j coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE 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, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. F , 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 and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the 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: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. Paie Intentionally Left Blank CONTRACT Pay-e Intentionally Left Blank CONTRACT 12082 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of January, 2015 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 Tri-Lam Roofing & Waterproofing of the City of Everman, County of Tarrant and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 15-12082-TF Building Envelope Repair at the Southeast Water Reclamation Plant Administration Building and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement Tri-Lam Roofing & Waterproofing's proposal dated November 14, 2014 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Tri-Lam Roofing & Waterproofing By: A& , 9 ) A I PRINTED NAME- /ter C v S TITLE: Pr-esi4a COMPLETE ADDRESS: r Company L&Ci � �" , n e Address & City, State, Zip FVp y-Mctn '1)X ''ICE N O ATTEST: 4 t Corporate Secre ary CITY OMLUBK/,XAS (OWNER): By: Gle . Robertson, Mayor ATTEST: <:p -401!L Rebec a Garza, City Secretary APPROVED S TO CON NT: es ey Everett, Director of Facilities Management Mark earwoo , Assistant City nager Chief Information Officer i Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 11, Page Intentionally Left Blank I I 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 Tri-Lam Roofing & Waterproofing, 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, Wesley Everett, Director of Facilities Management, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not directly 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. Page Intentionally Left Blank 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all 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. The pipeline must be backfilled, tested, final grading and a . seeding performed for substantial completion. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from _o- 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. I 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 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 j 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 i contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and r x accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The 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 t 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 4 22. 23. perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 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. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative„ when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should 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 6 understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than seven (7) 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. o 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 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. 11 7 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 CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products-Comp/Op AGG Contractual Liability Personal Injury & Advertising Injury Products of Complete Operations Endorsements B. Owner's and Contractor's Protective Liability Insurance. -DELETED 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, $500,000 Combined Single Limit, 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. - DELETED E. Umbrella Liability Insurance - DELETED F. Worker's Compensation or Occupational Medical and Disability (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 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 undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being �._ awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the QJ governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and L (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. 9 f. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance 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 10 �. s -i does not remedy the breach within ten days after receipt of notice of breach from the J governmental entity. F. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. n (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 [A 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. ° _j (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 .i 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 1 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 1 entity: L-1 (i) a certificate of coverage, prior to that person beginning work on the project, so f} 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.tdLstate. Mus) 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: ' G) 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; 12 (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, 4 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, 13 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 V-° 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, j 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 $100 (One Hundred Dollars) per day, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. r 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. 14 IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative) may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,_ schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are 15 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 1 somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. -- 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS j 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 16 8'14 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. -i Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 17 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. 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, 18 equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies 19 available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS is The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS III In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 20 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 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. 21 { DAVIS-BACON WAGE DETERMINATIONS Paiie Intentionally Left Blank X EXHIBIT A General Decision Number: TX140262 08/15/2014 TX262 aSuperseded General Decision Number: TX20130262 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 01/03/2014 1 06/06/2014 2 06/13/2014 3 08/08/2014 4 08/15/2014 BOIL0531-001 01/01/2013 Rates Fringes Boilermaker .................---$ 22.71 20.63 ------------ -- BRTX0005-003 06/01/2014 Rates Fringes Bricklayer .....................$ 19.50 1.87 ---------------------------------------------------------------- CARP0665-002 05/01/2010 Rates Fringes Carpenter ......................$ 20.18 ---------------------------------------------------------------- 5.56 ENGIO178-004 12/01/2009 Rates Fringes OPERATOR: Forklift ..............$ 21.20 9.35 ---------------------------------------------------------------- * IRON0263-017 12/01/2013 Rates Fringes reinforcing ........ $ 22.70 5.35 --Ironworker, ------------------------------------------------------- PAIN0053-003 04/01/2008 Rates Fringes Painter - Brush, Roller & 15.81 Spray ..............--------------$ ------------------4-56 ------------------- - PLUM0404-022 09/24/2012' Rates Fringes PLUMBER/PIPEFITTER...............$ 22.50 6.25 ---------------------------------------------------------------- SHEE0049-007 06/01/2014 Rates Fringes SHEETMETAL WORKER (HVAC Duct and Unit Installation) ........... $ 22.49 11.14 -------------------------------------------------------------- SUTX2009-168 06/03/2009 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 18.58 0.00 ELECTRICIAN ......................$ 18.09 2.36 IRONWORKER, STRUCTURAL ........... $ 10.38 0.00 LABORER: Common or General ...... $ 8.86 0.00 LABORER: Mason Tender - Brick ... $ 11.00 0.00 OPERATOR: Backhoe/Excavator..... $ 13.81 0.00 OPERATOR: Grader/Blade .......... $ 12.97 0.00 OPERATOR: Loader (Front End) .... $ 12.23 0.00 ROOFER ...........................$ 12.06 0.00 TILE SETTER ......................$ 8.50 0.00 TRUCK DRIVER .....................$ 10.15 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS t_W 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the J Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION a 0 EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. M Pate Intentionally Left Blank 1 I SPECIFICATIONS Page Intentionally Left Blank Project Manual for BUILDING ENVELOPE REPAIR PROJECT SE WATER RECLAMATION PLANT ADMINISTRATION BUILDING /1 0q Armko Industries, Inc. Texas Registered Engineering Firm F-006498 si cd 7302 82nd Street Lubbock, TX 79072 Tel 806 833-6953 FaK 806 833-8539 1►t,ot 4 TEXAS iiibbcityck September 25, 2014 Project Number 20140925-48 Set Number BUILDING ENVELOPE REPAIR PROJECT SE WATER RECLAMATION PLANT ADMINSTRATION BUILDING CITY OF LUBBOCK LUBBOCK, TEXAS ARMKO INDUSTRIES, INC. LUBBOCK, TEXAS September 25, 2014 TABLE OF CONTENTS GOP- 1B`3',1f Armko industries, Inc. Texas Registered Engineering Firm F-006498 DIVISION 01 GENERAL 100 General Requirements 1 thru 12 322 Photographic Documentation 1 thru 2 330 Submittals and Substitutions 1 thru 6 DIVISIONS 02 thru 06 — NOT USED DIVISION 07 THERMAL AND MOISTURE PROTECTION 110 Subgrade Waterproofing Repairs 1 thru 9 920 Sealants 1 thru 10 DIVISIONS 08 — NOT USED DIVISIONS 09 FINISHES 963 Elastomeric Wall Coating 1 thru 4 DIVISIONS 10 thru 17 —NOT USED SECTION 01100 GENERAL REQUIREMENTS 1.01 DESCRIPTION OF WORK A. It is the intent of the specification that the new work will provide a watertight facility. The attached specifications describe the minimum acceptable standards of construction and finish. B. S.E. WATER RECLAMATION PLANT — ADMINISTRATION BUILDING 1. Work shall include removal of existing sealant at all masonry control joints, masonry to metal joints around doors, site joints and penetrations on exterior wall elevations as described in the project specifications. Contractor shall install all specified sealant and required accessories as per the project specifications. Contractor shall provide Owner with a five (5) year labor and materials warranty and a five (5) year manufacturer's material warranty. 2. Work shall include removal of existing sealant at all glass to metal joints on exterior elevations as described in the project specifications. Contractor shall install all specified sealant and required accessories as per the project specifications. Contractor shall provide Owner with a five (5) year labor and materials warranty and a five (5) year manufacturer's material warranty. 3. Work shall include an application of two (2) coats of elastomeric coating to plaster elevations of the building as described in the project specifications. Contractor shall install all specified sealant and required accessories as per the project specifications. Contractor shall provide Owner with a five (5) year labor and materials warranty and a five (5) year manufacturer's material warranty. 1.02 CHANGES A. Changes to specifications and drawings will not be acceptable unless approved in writing by the Owner/Owner's Representative. 1.03 INSPECTION A. An inspection shall be made by a representative of the material manufacturer of the completed project to ensure that said project was installed in accordance with the manufacturer's specifications and illustrated details. Upon this approval of the project, the specified warranty or warranties shall be written. 1.04 INDEMNIFICATION A. Successful proposer shall defend, indemnify and save harmless Owner and Owner's Representative and all of its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property arising out of the award of the contract or on account of any negligent act or fault of the successful proposer, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any Contractor which may result from Proposal and shall pay any judgment costs which may be obtained against Owner and Owner's Representative growing out of such injury or damages. f-, GENERAL REQUIREMENTS 01100 -1 1.05 QUALITY ASSURANCE A. All work and materials hereinafter specified shall be best of kind described and, unless specified otherwise, shall be new and of best quality. The specified roofing system shall have been used successfully in the United States for a minimum of ten (10) years. B. All materials will be securely fastened in place in a watertight, neat and workmanlike manner. All workmen shall be thoroughly experienced in the particular class of work upon which employed. All work shall be done in accordance with these specifications and shall meet the approval in the field of the Owner's representative. Contractor's representative and/or job supervisor shall have a complete copy of specifications and drawings on job site at all times. rl C. Contractor shall plan and conduct the operations of the work so that each section started on one day is complete, details installed and thoroughly protected before the close of g work for that day. D. Where any material is specified by proprietary name, trade name, name of manufacturer, generic name, or catalog number with the addition of such expressions as "equivalent as determined by Owner's Representative", it is understood that the material named is intended and no substitution will be allowed without written approval by the Owner's representative. E. Should a specified material not be available, a substitution shall require approval (in writing) of the Owner's representative and the roof system manufacturer issuing the warranty before being utilized on this project. F. Unless otherwise indicated, the materials to be used in this specification are those specified and denote the type, quality, performance, etc. required. All proposals shall be based upon the use of specified material. G. A Contractor who proposes to quote on the basis of an "equivalent as determined by LJ Owner's Representative" alternate material or system shall submit to the Owner's representative the following information, at least ten (10) calendar days prior to scheduled proposal opening. Only one request for substitution will be considered for each material or system. When substitution is not accepted, specified product or system shall be used. 1. A five (5) gallon sample of any adhesive, coating, mastic, or sealant and a three foot by five foot (3' x 5') sample of any sheeting or rolled goods as may be specified. 2. A certificate from an accredited testing laboratory comparing the physical and performance attributes of the proposed material with those of the specified materials. 3. A list of at least three (3) local jobs where the proposed alternate material was used under similar conditions and written documentation showing successful installation in the United States of similar size and scope for a minimum of ten (10) years. These jobs must be available for inspection by the Owner's representative. .- 4. In the event a substitution is acceptable by the Owner, all contractors shall be notified of the acceptable alternate within five (5) calendar days prior to proposal .. opening by Addenda._ GENERAL REQUIREMENTS 01100 - 2 1.111 5. During the course of work, the Owners representative may secure from the containers at the job site, samples of the materials being used and submit the samples to an independent testing laboratory for comparison. If the results of the independent testing laboratory prove that the materials are not comparable and equal to the specified materials, the Contractor shall pay for the testing and the Owner reserves the right to reduce the amount of the proposal by twenty percent (20%) if all work has already been completed before the test results become known. If the contract work is not completed when the test results become known, the Owner shall impose a penalty in proportion to the amount of work already �..s completed, and all remaining work shall be completed with the specified materials. H. Application of materials shall be in strict accordance with the manufacturer's recommendations. In the instance of a conflict between these specifications and those of the manufacturer, the most stringent shall take precedence. I. Roofing system manufacturer shall have approval for and shall meet Underwriter's Laboratory fire rating Class A. 1.06 PRE -CONSTRUCTION CONFERENCE A. A conference shall be scheduled by the Owner's representative and conducted at the work site prior to start of work. The Contractor's project supervisor or foreman and the Owner's representative shall attend. Job schedule, submittals, existing conditions, and specifications shall be reviewed and any questions arising shall be resolved to the satisfaction of all parties prior to start of work. Contractor shall begin work within five (5) calendar days following Owner's signing of contract and/or issuance of the written notice to proceed with work, weather permitting. 1.07 SUBMITTALS A. Upon receipt of Notice of Acceptance of this proposal, the Contractor shall submit the following items. All submittals shall be submitted to the Owner/Owner's representative within ten (10) calendar days of the date on the Notice of Acceptance and prior to the award of contract. 1. Contractor's executed insurance certificate. 2. Material manufacturer's approval/acceptance of the specifications and details as written or noted for this project, fastener pattern layout, insulation, fasteners and all related materials. 3. Contractor's executed payment and performance bonds as required. 4. Shop drawings of all perimeter, penetration and projection details, and sheet metal details approved by manufacturer, for Owner's approval if proposed details differ from those included with this proposal package. These drawings shall be approved by the membrane manufacturer and submitted at the preconstruction conference for Owner review and approval prior to work start. 5. Approved applicator must submit a roof drawing which will be employed in the project if proposed drawing differs from that included with this proposal package. 6. Shop Drawings and Product Data: a) Manufacturer's Details: All termination details and other details normally required by the membrane manufacturer's Technical Specifications, including both standard details and special details, shall be furnished by the Contractor and shall be approved in writing by the manufacturer, the company project manager, and the Owner's representative prior to final installation. GENERAL REQUIREMENTS 01100 - 3 b Minimum drawingsize shall be eight and one-half inches b eleven inches 9 Y (8-1/2" x 11"). c) Submit sufficient copies of manufacturer's descriptive data including catalog sheets for materials, equipment and fixtures, showing dimensions, performance characteristics and capacities, diagrams and controls, schedules, and other pertinent information required. d) Submit brochures and other submittal data that cannot be reproduced economically, in such quantities to allow the Owner to retain four copies of each after review. Mark product data to show the name of project, Owner, Contractor, (1 originating Subcontractor, manufacturer or supplier, and separate details if pertinent. e) Product data shall completely identify specification sections and locations at which materials or equipment are to be installed. f) Accompany each submittal with a separate transmittal letter in duplicate, containing date, project title and number, Contractor's name and address, number of each shop drawing, product data and samples submitted, and notification of deviations from Contract Documents. 7. Detailed project sequencing, staging, material loading, manpower plans, and detailed project construction schedule for approval. 8. Sample of warranty that is to be issued upon project completion. 9. Submit list of all mechanical, electrical, rigging, sheet metal, and other Subcontractors with evidence of Subcontractor's insurance coverage in compliance with contract requirements. 10. Contractor shall submit written statement that their company or any Subcontractor they may use is not employing workers classified as undocumented workers on this Ll project. 11. Samples of all materials not supplied or prior approved by the roofing membrane manufacturer shall be submitted to the manufacturer for written approval prior to installation start. 1.08 USE OF PREMISES A. The Contractor is advised that the Owner will occupy the building at all times, and the Contractor must provide all safeguards required to protect personnel and to keep noise levels as low as reasonably possible for each operation. B. The Contractor shall: 1. Coordinate work in such a manner as to not interfere with the normal operation of the building. 2. Assume full responsibility for protection and safekeeping of products stored on premises. 3. Agree to hold the Owner harmless in any and all liability of every nature and description that may be suffered through bodily injuries, including death of any persons by reason of negligence of the Contractor, agents, employees, or Subcontractors. 4. The Contractor and all Subcontractors shall take all necessary precautions to prevent the use of alcoholic beverages on the Owner's premises. GENERAL REQUIREMENTS 01100 - 4.. 1.09 SAFETY A. The contractor and all Subcontractors shall take all necessary precautions to keep the premises free of fire and safety hazards. The contractor shall prevent all agents, employees, licensees and invitees of the contractor from smoking on the Owner's premises and from operating or using any flame, spark or explosion hazard producing devices anywhere on or about the premises without the written approval of the Owner's representative. 1.10 INSPECTION OF WORK IN PROGRESS A. The Owner's representative will require the material manufacturer's representative to periodically examine the work in progress, as well as on completion, in order to assist in ascertaining the extent the materials and labor procedures conform to the requirements of the specifications. B. The authorized material manufacturer's field representative shall be responsible for: 1. Keeping the Owner's representative informed after periodic inspections as to the progress and quality of the work observed. 2. Calling to the attention of the Contractor those matters observed which are considered to be in violation of the contract requirements. 3. Reporting to the Owner's representative, in writing, any failure or refusal of the Contractor to correct unacceptable practices called to his attention. 4. Confirming, after completion of the work and based on his observation and test, that he has observed no application procedures in conflict with these specifications. Final payment will not be released until all specified warranties have been received by the Owner. 1.11 FIELD INSPECTION AND CONTRACTOR RESPONSIBILITY A. The Owner's representative shall at all times have access to the job site and work areas. The Contractor will provide proper and safe facilities for such access and inspection. B. Any time during the course of the project, an inspection may be deemed necessary by the Owner/Owner's representative to have one or all of the following members of the Contractor's organization present in person to inspect the work along with the Owner/Owner's representative: Owner, a Majority Stockholder, President, and/or Chief Executive Officer of the contracting firm. C. The Owner/Owner's representative, if deemed necessary, will notify in writing who in the Contractor's organization they want to inspect the work on the roof in addition to the Contractor's normal inspection. If the designated person or persons requested by the Owner/Owner's representative fails to respond within forty-eight (48) hours to the request, the work may be suspended, payment withheld and/or liquidated damages outlined in the specifications assessed until such time the individual(s) inspect(s) the work with the Owner/Owner's representative. GENERAL REQUIREMENTS 01100 - 5 D. Neither the presence nor absence of the Owner's representative nor the manufacturer's representative, nor an inspection by the manufacturer of the work or operation of the Contractor, nor any failure by the manufacturer to detect, pinpoint, or object to any defect in the work completed, nor any deviation from these specifications, nor the acceptance by the manufacturer of any such defect or the approval of the manufacturer of any such deviation shall relieve the Contractor, or reduce, or in any way limit or divide, his full responsibility for the full performance of the work required of him under these specifications. E. It shall be understood that such field inspection as the Owner's representative may cause to be performed by the material manufacturer will be performed by the material manufacturer solely for the benefit of the Owner and in an attempt to assist with the requirements of this specification. These requirements bind the Contractor even without such inspection. F. No inspection or any act or omission of either the Owner's representative or the manufacturer's representative in connection with such inspection shall prejudice the Owner's right to strict conformance, or under any circumstances be construed to excuse or mitigate any mistake or non-conformance by the Contractor. FJ! 1.12 ON -SITE SUPERVISION A. The Contractor is responsible for the management and control of the work. He shall give his personal superintendence of the work or have a competent resident manager or superintendent satisfactory to the Owner on the job site at all times while work is in progress, with full authority to act for the Contractor as his agent. 1.13 ROOFTOP EQUIPMENT A. All air conditioning units and other rooftop equipment shall be moved by the roofing Contractor as required to install roofing materials complete and in accordance with the plans and specifications. When units or equipment are to be moved, they shall be disconnected and moved by the roofing Contractor to a protected area so as not to damage any part or component thereof, and shall be reset by the roofing Contractor and reconnected at the Contractor's expense, all according to local building codes. All disconnection and reconnection shall be performed by a mechanical and/or electrical company licensed to perform such work and approved by the Owner's representative. B. Contractor shall follow refrigerant recycling requirements as outlined in section 608 of the Clean Air Act, 1990, as amended (CAA), including final regulations published on May 14, 1993 (58 FIR 28660), and the prohibition on venting that became effective on July 1, 1992. J11, C. Where mechanical items, conduits, cables, raceways, piping or any other roof -top mounted item must be moved in any manner, or disconnected and reconnected as made necessary by the reroofing of the specified areas at the facility, all roof -top equipment, piping, insulation, wires, fiber optic cable, any information systems components, conduits, panels, motor starters, raceways, switches, antennas, satellite components, etc. shall be replaced or renewed to match existing if damaged by Contractor. NOTE: It is the responsibility of the Contractor to review the condition of any and all of the above noted, or similar, items with authorized Owner personnel to determine condition of said items PRIOR TO START OF WORK. If this review is not completed as prescribed, any and all damage found at the end of the work will be repaired solely at the contractor's expense. GENERAL REQUIREMENTS 01100 - 6 kJ li' D. Any action by roofing contractor personnel which causes interruption of the ongoing works of the Owner's facility will be repaired at the sole expense of the roofing contractor. Upon y interruption of the Owner's ability to meet required tasks, Owner may immediately, and without the contractor's permission, take such action as necessary to repair said damage so that the Owner's work may be resumed. The Owner has the obligation to notify the i contractor of such action as soon as possible, but in all cases must notify the contractor in writing within 48 hours of the occurrence of the incident. 1.14 FINAL INSPECTION A. Upon job completion, a final inspection will be made by Owner's representative. Final payment will not be authorized for the work done until such inspection has been made and all work is found to have been performed in accordance with the specifications and to the satisfaction of the building Owner, and the specified warranties are issued. B. The Contractor shall promptly remove any work that does not meet the requirements of the plans and specifications or is incorrectly installed or otherwise disapproved by the Owner as failing to meet with the plans and specifications. The Contractor shall promptly replace any such work without expense to the Owner and shall bear the cost of making good all work of other contractors or the Owner, destroyed or damaged by such removal or replacement. 1.15 DEMOLITION A. All abandoned pitch pans, equipment, vents, curbs, and other such debris shall be removed by the Contractor. Abandoned items that require deck placement shall be marked by the Owner prior to proposal due date and/or the commencement of work. Contractor shall install new decking of like dimensions to provide a suitable substrate in areas where penetrations through the deck are removed. 1.16 CREWS AND EQUIPMENT A. Contractor shall provide sufficient crews and equipment so that the project may progress without interruption or unnecessary delay. 1.17 FUTURE REPAIRS A. Contractor certifies by acceptance of this project that any future repairs or alterations he might be called upon to execute after the project is complete, will be performed in accordance with the manufacturer's recommended procedures so as to not void the warranty. 1.18 NAILERS AND ROOF DECK A. Contractor shall notify the Owner's representative of unforeseen areas of damaged decking, wet insulation or deteriorated nailers. Where the damage is serious and extensive, it will be the Owner's prerogative to authorize removal and replacement. B. Any areas of unusual deck deflection noticed by the Contractor during the course of the job that will cause an area of ponding water should be brought to the attention of the _1 Owner's representative by the Contractor. L GENERAL REQUIREMENTS 01100 - 7 C. The Contractor shall furnish the Owner with a unit price for removal and replacement of the damaged decking, wet insulation or deteriorated nailers. All nailers required for the new roofing application shall be provided by the roofing Contractor, and included in the proposal amount. Unit cost for nailers applies only to existing deteriorated nailers. If lumber is required to make "flush" interior parapet wall, cost shall be included in Base Proposal. 1.19 CONTRACT DOCUMENTS A. In the event of a conflict between the reroofing specifications and the Owner's contract - documents, the Owner's contract documents shall take precedence. END OF SECTION 01100 GENERAL REQUIREMENTS 01100 - 811 -' a SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes administrative and procedural requirements for the following: 1. Preconstruction photographs. 1.03 SUBMITTALS A. Key Plan: Submit key plan of Project site and building with notation of vantage points marked for location and direction of each photograph. B. Construction Photographs: Submit three (3) prints of each photographic view within seven (7) days of taking photographs. 1. Digital Images: Submit a complete set of digital image electronic files on CD-ROM. Identify electronic media with date photographs were taken. Submit images that have same aspect ratio as the sensor, uncropped. PART 2 - PRODUCTS 2.01 PHOTOGRAPHIC MEDIA A. Digital Images: Provide images in uncompressed JPEG format, produced by a digital camera with minimum sensor size of 4.0 megapixels, and at an image resolution of not less than 1600 by 1200 pixels. PART 3 - EXECUTION 3.01 CONSTRUCTION PHOTOGRAPHS A. General: Take photographs using the maximum range of depth of field, and that are in focus, to clearly show the Work. Photographs with blurry or out -of -focus areas will not be accepted. 1. Maintain key plan with each set of construction photographs that identifies each photographic location. B. Digital Images: Submit digital images exactly as originally recorded in the digital camera, without alteration, manipulation, editing, or modifications using image -editing software. 1. Date and Time: Include date and time in filename for each image. C. Preconstruction Photographs: Before starting construction, take digital photographs of Project site and surrounding properties, including existing items to remain during construction, from different vantage points, as directed by Architect. PHOTOGRAPHIC DOCUMENTATION 01322 - 1 1. Take eight (8) photographs to show existing conditions adjacent to property before starting the Work. t 2. Take eight (8) photographs of existing buildings either on or adjoining property to ,-- accurately record physical conditions at start of construction. 3. Take additional photographs as required to record settlement or cracking of adjacent structures, pavements, and improvements. .-a END OF SECTION 01322 =1 PHOTOGRAPHIC DOCUMENTATION 01322.2- SECTION 01330 SUBMITTALS and SUBSTITUTIONS PART 1 —GENERAL 1.01 DESCRIPTION A. Work includes: Make submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements. 1. Throughout the Work, seal and caulk joints where shown on the Drawings and/or as required by the Architect/Project Manager to provide and maintain watertight and airtight continuous seals. 1.02 QUALITY ASSURANCE A. Coordination of submittals: 1. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted. 2. Verify that each item and the submittal for it conform in all respects with the specified requirements. 3. By affixing the Contractor's signature to each submittal, certify that this coordination has been performed. B. Substitutions 1. The contract is based on the standards of quality established in the Contract Documents. Substitutions will be considered only when listed at time of bidding, on the form provided in the bidding documents, and when substantiated by the Contractor's submittal of required data within 35 calendar days after award of the Contract. 2. The following products do not require further approval except for interface within the work: a. Products specified by reference to standard specifications such as ASTM and similar standards. b. Products specified by manufacturer's name and catalog model number. 3. Where any material is specified by proprietary name, trade name, name of manufacturer, generic name, or catalog number with the addition of such expressions as "or equal"/"or approved equal", it is understood that the material named is intended and no substitution will be allowed without written approval by the Owner's representative three (3) calendar days prior to proposal due date. 4. Should a specified material not be available, a substitution shall require approval (in writing) of the Owner's representative and the roof system manufacturer issuing the warranty before being utilized on this project. 5. Unless otherwise indicated, the materials to be used in this specification are those specified and denote the type, quality, performance, etc. required. All proposals shall be based upon the use of specified material. 6. Do not substitute materials, equipment, or methods unless substitution has been specifically approved in writing for this work by the Architect/Project Manager. C. "Or equal" 1. Where the phrase "or equal", or "or equal as approved by the Architect", occurs in the Contract Documents, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for this work by the Architect/Project Manager. SUBMITTALS AND SUBSTITUTIONS 01330 -1 2. A Contractor who proposes to quote on the basis of an "or equal'T'or approved equal" alternate material or system shall submit to the Owner's representative the following information, at least five (5) calendar days prior to scheduled proposal opening. Only one request for substitution will be considered for each material or system. When substitution is not accepted, specified product or system shall be used. a) A sample of any sealant as may be specified. b) A certificate from an accredited testing laboratory comparing the physical and performance attributes of the proposed material with those of the specified materials. c) A list of at least three (3) local jobs where the proposed alternate material was used under similar conditions and written documentation showing successful installation in the United States of similar size and scope for a minimum of ten (10) years. These jobs must be available for inspection by the Owner's representative. d) In the event a substitution is acceptable by the Owner, all contractors shall be notified of the acceptable alternate within three (3) calendar days prior to proposal opening. e) During the course of work, the Owner's representative may secure from the containers at the job site, samples of the materials being used and submit the samples to an independent testing laboratory for comparison. If the results of the independent testing laboratory prove that the materials are not comparable and equal to the specified materials, the Contractor shall pay for the testing and the Owner reserves the right to reduce the amount of the proposal by twenty percent (20%) if all work has already been completed before the test results become known. If the contract work is not completed when the test results become known, the Owner shall impose a penalty in proportion to the amount of work already completed, and all remaining work shall be completed with the specified materials. D. Procedure for Use of Substitution Request Form 1. Substitution request including all required documentation must be delivered to the Owner's Representative's office no later than the date indicated in the specifications. Requests submitted late will not be considered. 2. The Individual or Firm requesting a substitution must document that the requested substitution is equal or superior to the specified product. Failure to provide clear, accurate, and adequate documentation will be grounds for rejection. 3. Required documentation shall consist of applicable information which would aid the Architect in making an informed decision. Include side by side product comparisons, technical data, laboratory test results, product drawings, etc. 4. If use of the proposed product would result in changes to the design of the building, the submittal shall describe fully the changes required to the drawings or specifications. Any cost differences resulting from modifications to the drawings and specifications and the cost of making the changes shall be borne by the Product Supplier. 5. No product will be considered "as equal" to the product specified until it has been included as an allowable substitution, in a written Addendum to the project. 1.03 SUBMITTALS A. Make submittals of Shop drawings, samples, Substitution Requests, and other items in accordance with the provisions of this section. -' it SUBMITTALS AND SUBSTITUTIONS 01330 - 2 B. Upon receipt of Notice of Acceptance of this proposal, the Contractor shall submit the following items. All submittals shall be submitted to the Owner/Owner's representative within ten (10) calendar days of the date on the Notice of Acceptance and prior to the award of contract. 1. Contractor's executed insurance certificate. 2. Material manufacturer's approval/acceptance of the specifications and details as written or noted for this project. 3. Contractor's executed payment and performance bonds as required. 4. Shop drawings of details approved by manufacturer, for Owner's approval if proposed details differ from those included with this proposal package. 5. Detailed project sequencing, staging, material loading, manpower plans, and detailed project construction schedule for approval. 6. Sample of warranty that is to be issued upon project completion. 7. Submit list of all Subcontractors with evidence of Subcontractor's insurance coverage in compliance with contract requirements. 8. Project superintendent's resume and project experience list for proposed system. 9. Contractor shall submit written statement that their company or any Subcontractor they may use is not employing workers classified as undocumented workers on this project. 10. Submit product data, including detailed test results of material applied to surfaces similar to requirements of this Section. Submit manufacturer's instructions for methods and application procedures. C. Samples and Manufacturer's Submittals: Submit prior to delivery or installation. 1. Samples of all system components including all specified accessories. 2. Submit samples of proposed warranty complete with any addenda necessary to meet the warranty requirements as specified. 3. Submit latest edition of manufacturer's specifications and installation procedures. Submit only those items applicable to this project. 4. A written statement materials manufacturer approving the installer, specifications and drawings as described and/or shown for this project and stating the intent to guarantee the completed project. PART 2 — PRODUCTS 2.01 SHOP DRAWINGS A. Scale and measurements: Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work. B. Shop Drawings: Provide manufacturer's approved details of all perimeter conditions, projection conditions, and any additional special job conditions which require details other than indicated in the drawings. C. Shop Drawings and Product Data: 1. Manufacturer's Details: All termination details and other details normally required by the membrane manufacturer's Technical Specifications, including both standard details and special details, shall be furnished by the Contractor and shall be approved in writing by the manufacturer, the company project manager, and the Owner's representative prior to final installation. SUBMITTALS AND SUBSTITUTIONS 01330 — 3 c 2. Submit sufficient copies of manufacturer's descriptive data including catalog sheets S for materials, equipment and fixtures, showing dimensions, performance characteristics and capacities, diagrams and controls, schedules, and other pertinent information required. 3. Submit brochures and other submittal data that cannot be reproduced economically, in such quantities to allow the Owner to retain four copies of each after review. Mark product data to show the name of project, Owner, Contractor, originating Subcontractor, manufacturer or supplier, and separate details if pertinent. 4. Product data shall completely identify specification sections and locations at which materials or equipment are to be installed. 5. Accompany each submittal with a separate transmittal letter in duplicate, containing date, project title and number, Contractor's name and address, number of each shop drawing, product data and samples submitted, and notification of deviations from I f� Contract Documents. D. Provide manufacturer's approved details, or all perimeter conditions, project conditions, and any additional special job conditions which require details other than indicated in the drawings. 2.02 MANUFACTURER'S LITERATURE A. Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents is being submitted for review. B. Submit the number of copies, which are required to be returned, plus one copy which will be retained by the Architect/Project Manager. 2.03 MAINTENANCE PROCEDURES A. Maintenance Procedures: Within ten days of the date of Substantial Completion of the project, deliver to the Owner three copies of the manufacturer's printed instructions regarding care and maintenance of the roof. 2.04 SAMPLES A. Provide sample or samples identical to the precise article proposed to be provided. Identify as described under "Identification of Submittals" below. B. Number of samples required: 1. Unless otherwise specified, submit samples in the quantity which is required to be returned, plus one which will be retained by the Architect/Project Manager. 2. By pre -arrangement in specific cases, a single sample may be submitted for review and, when approved, be installed in the work at a location agreed upon by the Architect/Project Manager. 2.05 COLORS AND PATTERNS A. Unless the precise color and pattern are specifically called out in the Contract Documents, and whenever a choice of color or pattern is available in the specified products, submit accurate color and pattern charts to the Architect/Project Manager for selection. B. Contractor shall hold ALL color samples until all items requiring color selections are - received. Only then should the actual color samples be submitted for selections. Each 3 SUBMITTALS AND SUBSTITUTIONS 01330 - 4-- sample shall be properly labeled with the name of the project, contractor, manufacturer, and date of submission. Incomplete color submittal will be returned to the Contractor. C. The Contractor shall allow four weeks after all colors are submitted for final Owner approval. PART 3 — EXECUTION 3.01 IDENTIFICATION OF SUBMITTALS A. Consecutively number all submittals. B. Accompany each submittal with a letter of transmittal showing all information required for identification and checking. 1. When material is re -submitted for any reason, transmit under a new letter of transmittal and with a new transmittal number. 2. On re -submittals, cite the original submittal number for reference. C. On at least the first page of each submittal, and elsewhere as required for positive identification, show the submittal number in which the item was included. D. Maintain an accurate submittal log for the duration of the work, showing current status of all submittals at all times. Make the submittal log available to the Architect/Project Manager for his review upon request. 3.02 TIMING OF SUBMITTALS A. Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and re - submittals, and for placing orders and securing delivery. B. Revisions: 1. Make revisions required by the Architect/Project Manager. 2. If the Contractor considers any required revision to be a change, he shall so notify the Architect/Project Manager. 3. Make only those revisions directed or approved by the Architect/Project Manager. END OF SECTION 01330 SUBMITTALS AND SUBSTITUTIONS 01330 - 5 a PART 1 — GENERAL 1.01 RELATED DOCUMENTS SECTION 07920 JOINT SEALANTS 1 �t A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes joint sealants for the following applications: 1. Exterior joints in the following vertical surfaces and horizontal non -traffic surfaces: a) Joints between plant -precast architectural concrete units. b) Joints between metal panels. c) Joints between different materials listed above. d) Perimeter joints between materials listed above and frames of doors, windows and louvers. e) Joints between glass to metal, metal to metal and metal to stone conditions. 1.03 PERFORMANCE REQUIREMENTS A. Provide elastomeric joint sealants that establish and maintain watertight and airtight continuous joint seals without staining or deteriorating joint substrates. 4 B. Provide joint sealants for interior applications that establish and maintain airtight and water-resistant continuous joint seals without staining or deteriorating joint substrates. ff 1.04 SUBMITTALS A. Product Data: For each joint -sealant product indicated. B. Samples for Initial Selection: Manufacturer's color charts consisting of strips of cured sealants showing the full range of colors available for each product exposed to view. C. Samples for Verification: For each type and color of joint sealant required, provide Samples with joint sealants in one-half inch (112") wide joints formed between two (2) six inch (6") long strips of material matching the appearance of exposed surfaces adjacent to joint sealants. D. Preconstruction Field Test Reports: Indicate which sealants and joint preparation methods resulted in optimum adhesion to joint substrates based on preconstruction testing specified in "Quality Assurance" Article. I E. Compatibility and Adhesion Test Reports: From sealant manufacturer, indicating the following: 1. Materials forming joint substrates and joint -sealant backings have been tested for compatibility and adhesion with joint sealants. 2. Interpretation of test results and written recommendations for primers and substrate { preparation needed for adhesion. F. Field Test Report Log: For each elastomeric sealant application. JOINT SEALANTS 07920 -1 G Product Test Reports: Based on comprehensive testing of product formulations performed by a qualified testing agency, indicating that sealants comply with requirements. H. Warranties: Special warranties specified in this Section. 1.05 QUALITY ASSURANCE A. Installer Qualifications: Manufacturer's authorized Installer who is approved or licensed for installation of elastomeric sealants required for this Project. B. Source Limitations: Obtain each type of joint sealant through one source from a single manufacturer. C. Preconstruction Compatibility and Adhesion Testing: Submit to joint -sealant manufacturers, for testing indicated below, samples of materials that will contact or affect joint sealants. 1. Use manufacturer's standard test method to determine whether priming and other specific joint preparation techniques are required to obtain rapid, optimum adhesion of joint sealants to joint substrates. 2. Submit not fewer than four (4) pieces of each type of material, including joint substrates, shims, joint -sealant backings, secondary seals, and miscellaneous materials. 3. Schedule sufficient time for testing and analyzing results to prevent delaying the Work. 4. For materials failing tests, obtain joint -sealant manufacturer's written instructions for corrective measures including use of specially formulated primers. 5. Testing will not be required if joint -sealant manufacturers submit joint preparation data that are based on previous testing of current sealant products for adhesion to, and compatibility with, joint substrates and other materials matching those submitted. D. Product Testing: Obtain test results for "Product Test Reports" Paragraph in "Submittals" Article from a qualified testing agency based on testing current sealant formulations within a 36-month period preceding the Notice to Proceed the Work. 1. Testing Agency Qualifications: An independent testing agency qualified according to ASTM C 1021 to conduct the testing indicated, as documented according to ASTM E 548. 2. Test elastomeric joint sealants for compliance with requirements specified by reference to ASTM C 920, and where applicable, to other standard test methods. 3. Test elastomeric joint sealants according to SWRI's Sealant Validation Program for compliance with requirements specified by reference to ASTM C 920 for adhesion and cohesion under cyclic movement, adhesion -in -peel, and indentation hardness. 4. Test other joint sealants for compliance with requirements indicated by referencing standard specifications and test methods. E. Preconstruction Field -Adhesion Testing: Before installing elastomeric sealants, field test their adhesion to Project joint substrates as follows: 1. Locate test joints where indicated on Project or, if not indicated, as directed by Architect. 2. Conduct field tests for each application indicated below: Each type of elastomeric sealant and joint substrate indicated. Each type of nonelastomeric sealant and joint substrate indicated. JOINT SEALANTS 07920 - 2 3. Notify Architect seven days in advance of dates and times when test joints will be erected. 4. Arrange for tests to take place with joint -sealant manufacturer's technical representative present. a) Test Method: Test joint sealants according to Method A, Field -Applied Sealant Joint Hand Pull Tab, in Appendix X1 in ASTM C 1193. i For joints with dissimilar substrates, verify adhesion to each substrate separately; extend cut along one side, verifying adhesion to opposite side. Repeat procedure for opposite side. 5. Report whether sealant in joint connected to pulled -out portion failed to adhere to joint substrates or tore cohesively. Include data on pull distance used to test each type of product and joint substrate. For sealants that fail adhesively, retest until satisfactory adhesion is obtained. 6. Evaluation of Preconstruction Field -Adhesion -Test Results: Sealants not evidencing adhesive failure from testing, in absence of other indications of noncompliance with requirements, will be considered satisfactory. Do not use sealants that fail to adhere to joint substrates during testing. F. Mockups: Build mockups incorporating sealant joints, as follows, to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution: 1. Joints in mockups of assemblies specified in other Sections that are indicated to receive elastomeric joint sealants, which are specified by reference to this Section. G. Preinstallation Conference: Conduct conference at Project site. 1.06 PROJECT CONDITIONS A. Do not proceed with installation of joint sealants under the following conditions: 1. When ambient and substrate temperature conditions are outside limits permitted by joint -sealant manufacturer or are below 40 deg F. 2. When joint substrates are wet. 3. Where joint widths are less than those allowed by joint -sealant manufacturer for applications indicated. 4. Contaminants capable of interfering with adhesion have not yet been removed from joint substrates. 1.07 WARRANTY A, Special Installer's Warranty: Installer's standard form in which Installer agrees to repair or replace elastomeric joint sealants that do not comply with performance and other requirements specified in this Section within specified warranty period. Warranty Period: Five (5) years from date of Substantial Completion. B. Special Manufacturer's Warranty: Manufacturer's standard form in which elastomeric sealant manufacturer agrees to furnish elastomeric joint sealants to repair or replace those that do not comply with performance and other requirements specified in this Section within specified warranty period. 1. Warranty Period: Five (5) years from date of Substantial Completion. C. Special warranties specified in this Article exclude deterioration or failure of elastomeric joint sealants from the following: I 1 JOINT SEALANTS 07920 - 3 1. Movement of the structure resulting in stresses on the sealant exceeding sealant manufacturer's written specifications for sealant elongation and compression caused �- by structural settlement or errors attributable to design or construction. 2. Disintegration of joint substrates from natural causes exceeding design specifications. _s 4. Mechanical damage caused by individuals, tools, or other outside agents. 5. Changes in sealant appearance caused by accumulation of dirt or other atmospheric i contaminants. PART 2 — PRODUCTS 2.01 MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products listed in other Part 2 articles. B Products: Subject to compliance with requirements, provide one of the products listed in other Part 2 articles. 2.02 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backings, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer, based on testing and field experience. B. VOC Content of Interior Sealants: Provide interior sealants and sealant primers that comply with the following limits for VOC content when calculated according to 40 CFR 59, Subpart D (EPA Method 24): 1. Sealants: 250 g/L. 2. Sealant Primers for Nonporous Substrates: 250 g/L. 3. Sealant Primers for Porous Substrates: 775 g/L. C. Colors of Exposed Joint Sealants: As selected by Architect from manufacturer's full range. 2.03 ELASTOMERIC JOINT SEALANTS A, Elastomeric Sealants: Comply with ASTM C 920 and other requirements indicated for each liquid -applied chemically curing sealant specified, including those referencing ASTM C 920 classifications for type, grade, class, and uses related to exposure and joint substrates. B. Stain -Test -Response Characteristics: Where elastomeric sealants are specified to be nonstaining to porous substrates, provide products that have undergone testing according to ASTM C 1248 and have not stained porous joint substrates indicated for Project. 3 C. Single -Component Neutral- and Basic -Curing Silicone Sealant: 1. Available Products: a) GE Silicones; SilPruf. b) Dow Corning Corporation; 795 2. Type and Grade: S (single component) and NS (nonsag). 3. Class: 100/50. JOINT SEALANTS 07920 - 4 M q T 4. Use Related to Exposure: NI (nontraffic). 5. Uses Related to Joint Substrates: M, G, A, and, as applicable to joint substrates indicated, O. a) Use O Joint Substrates: Coated glass, color anodic aluminum, and substrates. 6. Stain -Test -Response Characteristics: Nonstaining to porous substrates per ASTM C 1248. D. Multi -component Nonsag Urethane Sealant: 1. Available Products: a) Sonneborn, Division of ChemRex Inc.; NP 2. 2. Type and Grade: M (multi -component) and NS (nonsag). 3. Class: 25. 4. Uses Related to Exposure: NT (nontraffic). 5. Uses Related to Joint Substrates: M, G, A, and, as applicable to joint substrates indicated, O. a) Use O Joint Substrates: granite and limestone substrates. 2.04 PREFORMED JOINT SEALANTS A. Preformed Silicone -Sealant System: Manufacturer's standard system consisting of precured low -modulus silicone extrusion, in sizes to fit joint widths indicated, combined with a neutral -curing silicone sealant for bonding extrusions to substrates. 1. Available Products: a) Dow Corning Corporation; 123 Silicone Seal. b) GE Silicones; UltraSpan US1100. 2.05 JOINT -SEALANT BACKING A. General: Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. B. Cylindrical Sealant Backings: ASTM C 1330, O (open -cell material) or any of the preceding types, as approved in writing by joint -sealant manufacturer for joint application indicated, and of size and density to control sealant depth and otherwise contribute to producing optimum sealant performance: C. Elastomeric Tubing Sealant Backings: Neoprene, butyl, EPDM, or silicone tubing complying with ASTM D 1056, nonabsorbent to water and gas, and capable of remaining resilient at temperatures down to minus 26 deg F (minus 32 deg C). Provide products with low compression set and of size and shape to provide a secondary seal, to control sealant depth, and to otherwise contribute to optimum sealant performance. vI D. Bond -Breaker Tape: Polyethylene tape or other plastic tape recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint -filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self-adhesive tape where applicable. JOINT SEALANTS 07920 - 5 i_ .I z 2.06 MISCELLANEOUS MATERIALS - A. Primer: Material recommended by joint -sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint -sealant - substrate tests and field tests. B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants to joint substrates. C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. PART 3 — EXECUTION 3.01 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint -sealant performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint -sealant manufacturer's written instructions and the following require- ments: 1. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, paints (except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, gaskets, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. 2. Clean porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining after cleaning operations above by vacuuming or blowing out joints with oil -free compressed air. Porous joint substrates include the following: a) Concrete. b) Masonry. c) Unglazed surfaces of ceramic tile. 3. Remove laitance and form -release agents from concrete. 4. Clean nonporous surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants. Nonporous joint substrates include the following: a) Metal. b) Glass. B. Joint Priming: Prime joint substrates based on preconstruction joint -sealant -substrate tests or prior experience. Apply primer to comply with joint -sealant manufacturer's written instructions. Confine primers to areas of joint -sealant bond; do not allow spillage or migration onto adjoining surfaces. JOINT SEALANTS 07920 - 6 C. Masking Tape: Use masking tape where required to prevent contact of sealant with , adjoining surfaces that otherwise would be permanently stained or damaged by such ,r contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal 3.03 INSTALLATION OF JOINT SEALANTS A. General: Comply with joint -sealant manufacturer's written installation instructions for products and applications indicated, unless more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. C. Install sealant backings of type indicated to support sealants during application and at position required to produce cross -sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. Do not leave gaps between ends of sealant backings. Do not stretch, twist, puncture, or tear sealant backings. 1. Remove absorbent sealant backings that have become wet before sealant application and replace them with dry materials. D. Install bond -breaker tape behind sealants where sealant backings are not used between sealants and backs of joints. E. Install sealants using proven techniques that comply with the following and at the same time backings are installed: 1. Place sealants so they directly contact and fully wet joint substrates. 2. Completely fill recesses in each joint configuration. 3. Produce uniform, cross -sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. F. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. Remove excess sealant from surfaces adjacent to joints. 2. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces. 3. Provide concave joint configuration per Figure 5A in ASTM C 1193, unless otherwise indicated. 4. Provide flush joint configuration where indicated per Figure 5B in ASTM C 1193. 5. Provide recessed joint configuration of recess depth and at locations indicated per Figure 5C in ASTM C 1193. 1) Use masking tape to protect surfaces adjacent to recessed tooled joints. G. Installation of Preformed Silicone -Sealant System: Comply with the following requirements: 1. Apply masking tape to each side of joint, outside of area to be covered by sealant i system. 2. Apply silicone sealant to each side of joint to produce a bead of size complying with I preformed silicone -sealant system manufacturer's written instructions and covering a i bonding area of not less than three -eights inch (3/8"). Hold edge of sealant bead one-fourth inch (1/4") inside masking tape. i JOINT SEALANTS 07920 - 7 i 3. Within ten (10) minutes of sealant application, press silicone extrusion into sealant to wet extrusion and substrate. Use a roller to apply consistent pressure and ensure uniform contact between sealant and both extrusion and substrate. 4. Complete installation of sealant system in horizontal joints before installing in vertical joints. Lap vertical joints over horizontal joints. At ends of joints, cut silicone extrusion with a razor knife. 3.04 FIELD QUALITY CONTROL A. Field -Adhesion Testing: Field test joint -sealant adhesion to joint substrates as follows: 1. Extent of Testing: Test completed elastomeric sealant joints as follows: a) Perform 10 tests for the first 1,000 feet of joint length for each type of elastomeric sealant and joint substrate. b) Perform 1 test for each 1,000 feet of joint length thereafter or 1 test per each floor per elevation. 2. Test Method: Test joint sealants according to Method A, Field -Applied Sealant Joint Hand Pull Tab or Field -Applied Sealant Joint Hand Pull Flap in Appendix X1 in ASTM C 1193, as appropriate for type of joint -sealant application indicated. a) For joints with dissimilar substrates, verify adhesion to each substrate separately; do this by extending cut along one side, verifying adhesion to opposite side. Repeat procedure for opposite side. 3. Inspect joints for complete fill, for absence of voids, and for joint configuration complying with specified requirements. Record results in a field -adhesion -test log. 4. Inspect tested joints and report on the following: a) Whether sealants in joints connected to pulled -out portion failed to adhere to joint substrates or tore cohesively. Include data on pull distance used to test each type of product and joint substrate. Compare these results to determine if adhesion passes sealant manufacturer's field -adhesion hand -pull test criteria. b) Whether sealants filled joint cavities and are free of voids. c) Whether sealant dimensions and configurations comply with specified requirements. 5. Record test results in a field -adhesion -test log. Include dates when sealants were installed, names of persons who installed sealants, test dates, test locations, whether joints were primed, adhesion results and percent elongations, sealant fill, sealant configuration, and sealant dimensions. 6. Repair sealants pulled from test area by applying new sealants following same procedures used originally to seal joints. Ensure that original sealant surfaces are clean and that new sealant contacts original sealant. B. Evaluation of Field Test Results: Sealants not evidencing adhesive failure from testing or noncompliance with other indicated requirements will be considered satisfactory. Remove sealants that fail to adhere to joint substrates during testing or to comply with other requirements. Retest failed applications until test results prove sealants comply with indicated requirements. 3.05 CLEANING A. Clean off excess sealant or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved in writing by manufacturers of joint sealants and of products in which joints occur. JOINT SEALANTS 07920 - 8 ,4 3.06 PROTECTION l A. Protect joint sealants during and after curing period from contact with contaminating-, substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately so installations with repaired areas are indistinguishable from original work. 3.07 JOINT -SEALANT SCHEDULE A. Joint -Sealant Application: Exterior vertical and horizontal joints between plant -precast architectural concrete units. 1. Joint Sealant: Single -component nonsag urethane sealant. 2. Joint -Sealant Color: As selected by Architect from manufacturer's full range. B. Joint -Sealant Application: Exterior joints in glass unit assemblies. 1. Joint Sealant: Single -component neutral -curing silicone sealant. 2. Joint -Sealant Color: As selected by Architect from manufacturer's full range. C. Joint -Sealant Application: Exterior vertical and horizontal joints between metal panels. 1. Joint Sealant: Single -component neutral- and basic -curing silicone sealant. 2. Joint -Sealant Color: As selected by Architect from manufacturer's full range. D. Joint -Sealant Application: Exterior perimeter joints between masonry surfaces and frames of doors, windows and louvers. 1. Joint Sealant: Single -component neutral- and basic -curing silicone sealant. f 2. Joint -Sealant Color: As selected by Architect from manufacturer's full range. END OF SECTION 07920 JOINT SEALANTS 07920 - 9 fJ }(f 1y! SECTION 09963 ELASTOMERIC WALL COATING SPECIFICATION PART 1 - GENERAL 1.01 DESCRIPTION OF SYSTEM A. Wall coating system shall be a complete assembly from a single source manufacturer of compatible products to achieve a seamless waterproof membrane. B. The wall coating system shall be designed for the application as outlined on project documents and manufacturers specifications to the specified project conditions. 1.02 QUALITY ASSURANCE A. Applicator shall be approved by material manufacturer as a participating applicator prior to product application. B. The manufacturer shall have the opportunity to inspect all work prior to final validation of the manufacturer's warranty. 1.03 SUBMITTALS A. Submit one full set of data sheets for each product intended for use on the project. B. Include a current letter showing the applicator is an Approved Applicator by the manufacturer. C. Submit sample of Manufacturer's 10-Year Product and Contractor's 2-Year Labor warrantees as required by project documents. D. Successful bidding contractor shall submit a physical sample of the completed system that shows all products in their representative dry mil thickness to accurately show the system being installed. E. Applicator is required to furnish lien releases from all appropriate venders and suppliers with each draw request. 1.04 PROJECT/ENVIRONMENTAL CONDITIONS A. Ensure the methods or process intend for use are proper for the project condition. B. Do not install products when surface or ambient temperatures are 40° F or less or if inclement weather is imminent within 24 hours. Protect from freezing. C. Store materials at temperatures not less than 65°F. Do not store in direct sunlight for long periods. ELASTOMERIC WALL COATING SPECIFICATION 09963 - 1 PART 2-PRODUCTS 2.01 PRIMARY PRODUCTS A. Reinforcing Fabric: A reinforcing fabric as needed for repairs and reinforcement of areas_ of suspected excessive cyclic movement that shall meet or exceed the following. Weight 2.75 oz./sq.yd. ASTM D 1910 Tensile Strength MD/XD 29/6 lbs. ASTM D 5035 (90) Elongation MD/XD 24/62 % ASTM D 5035 (90) Tear Strength 2500 grams ASTM D 5035 (90) B. Acrylic Patching Compound: A concentrated, acrylic resinous plastic emulsion for repairs and patching compound that shall meet or exceed the following. Weight per Gallon 11 lbs. Solid Content 80% Tensile Strength 180 psi Elongation 750% avg. Low Temperature Flex @ -10°C Pass C. Acrylic Wall Coating: A 100% acrylic elastomer based white coating that shall meet or exceed the following. Weight per Gallon 11 —12 lbs. ASTM D 1475 Solids Content 68% ASTM D 1353 Tensile Strength @ 73°F / 0°F 478 / 205 psi ASTM D 2370 Elongation @ 73°F / 0°F 282 / 104 % ASTM D 2370 Low Temperature Flex -260C Pass ASTM C 522 Reflectivity 90% 2.02 RELATED PRODUCTS A. Surface Cleaner: A highly effective surface cleaner for non -porous surfaces as approved by the Primary Materials Manufacturer. B. Urethane Sealant: As approved by Primary Materials Manufacturer. PART 3 - EXECUTION 3.01 SITE INSPECTION AND EVALUATION A. Masonry Block, Concrete or Stucco 1. Ensure mortar joints are without voids or cracks. 2. Defective mortar and stucco to be repaired using a cementitious based patching compound or the herein listed Acrylic Patching Compound or a urethane sealant. 3. Newly constructed block and concrete walls shall cure for a minimum of 28 calendar days. B. Exterior Insulated Finish Systems (EIFS) 1. Remove existing failed joint sealants and replace with new urethane sealant or the herein listed Acrylic Patching Compound. 2. Expansion joint conditions that do not comply with current building codes shall be cut into the wall structure, cleaned, have a backer rod or tape installed and sealed with., urethane sealant or the herein listed Acrylic Patching Compound. 3. Defective areas in the existing systems should be brought up to the original manufacturer's specification prior to coating application. ELASTOMERIC WALL COATING SPECIFICATION 09963 - 2 3.02 SURFACE/PRODUCT PREPARATION A. All existing surface contaminates shall be removed to expose the underlying surface to Vwhich new materials are to be applied. B. All surfaces to receive coating shall be thoroughly cleaned using a high-pressure sprayer/washer, with a minimum 3,000 psi, with clean water using an admixture of surface cleaner metered through the washer's pick-up tube, to remove all oils, grease, foreign or loose materials, or surface contaminates that could adversely effect adhesion of new products. Mildew, mold or algae should be treated with bleach during the pressure washing process. Allow surface to completely dry. C. In areas where pressure washing would be prohibited due to existing substrate conditions, prepare these areas by hand using the surface cleaner. Entire surface should then be rinsed with clean water and allowed to dry. D. Upon the completion of the initial surface preparations, repair all cracks and defective joints in the wall by tuck -pointing. s' E. All wall protrusions, pipes and fixtures shall be three -coursed, defined as a layer of reinforcement fabric sandwiched between two layers of flashing mastic at a rate of twenty (20) linear feet per gallon having a minimum width equal to or greater than that of the reinforcement fabric. Apply the reinforcement fabric without tenting, fishmouths, or wrinkles. F. Wall and/or expansion joints shall have existing failed sealant removed, surface cleaned and resealed with approved urethane sealant. G. Porous block or surface voids shall be filled flush with approved block filler. H. Cracks or control joints shall be routed to receive new sealant. Cracks shall be sealed with an approved urethane sealant. 3.03 COATING SYSTEM APPLICATION A. Ensure surface is free of all surface contaminates and all surface preparation is completed. B. After full cure of preparations, apply acrylic wall coating by brush, roller or spray technique depending on surface texture using an average coverage rate of approximately one (1) gallon per eighty to one hundred (80-100) square feet per coat, depending on surface texture. Allow application to fully cure. C. After full cure of first coat, apply second coat of acrylic wall coating, using a crosshatch pattern, by brush, roller or spray technique depending on surface texture using an average coverage rate of approximately one (1) gallon per eighty to one hundred (80-100) square feet per coat, depending on surface texture. Allow application to fully cure. D. The finished coating applications shall equate to approximately twenty (20) dry mils. All finished surfaces shall be inspected for proper millage and deficiencies in the application. If millage is deficient, an additional application of acrylic wall coating shall be applied at the rate of one (1) gallon per eighty to one hundred (80-100) square feet. END OF SECTION 09963 ELASTOMERIC WALL COATING SPECIFICATION 09963 - 3 PAGE INTENTIONALLY LEFT BLANK No Text EIFS BACP SEAL MET/ CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS DETAIL NAME: JOINT DETAIL AT EIFS TO METAL PANEL Copyright 2014 by Armko Industries PROJECT NO: 20141003-48 A2.02 OF 13 TEXAS REGISTERED ENGINEERING FIRM F - 6498 SCALE : NOT TO SCALE DATE: 10/03/14 DRAWN BY: RW METAL PANEL BACKER ROD SEALANT DOOR AND FR Fie • a= iT 1t�1 * 6! ..... ........ RONN� C. WHrMNaM �e 97088 _•• r PROJECT FOR CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS DETAIL NAME: DOOR JAMB DETAIL AT PANEL ARMW Copyright 2014 by Am*o Industries PROJECT NO: 20141003-48 A2.03 OF 13 TEXAS REGISTERED ENGINEERING FIRM F - 8498 SCALE: NOT TO SCALE I DATE: 10/03/14 DRAWN BY: RW GRANITE BACKERF SEALANT GLAZING i._T_ •1•i•......... •fV •Iff RONALD C. wmwnt� PROJECT FOR CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS ARNMI DETAIL NAME: HEAD/JAMB AT GRANITE Copyright 2014 by Armko Industries PROJECT NO: 20141003-48 to.v0 i A2.04 OF 13 1 TEXAS REGISTERED ENGINEERING FIRM F • 8498 SCALE: NOT TO SCALE DATE: 10/03/14 1 DRAWN BY: RW �r IJ '- METAL PA BACKER[ SEALANT GLAZING 31 PROJECT FOR A2.05 CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT OF ADMINISTRATION BUILDING ENVELOPE REPAIRS 13 DETAIL NAME: HEAD/JAMB AT PANEL ARNM PROJECT NO: 2014100348 Copyright 2014 by Annko Industries TEXAS REGISTERED ENGINEERING FIRM' F - 8498 SCALE: NOT TO SCALE DATE: 10/03/14 DRAWN BY: RW PRECAST CONCREI PANEL BACKERf SEALANT GLAZING 1k 1k RONALD C. WHfiTINI ........................ -It% 97088 PROJECT FOR CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS DETAIL NAME: HEAD DETAIL AT PRECAST Affi",l PROJECT NO: 20141003-48 Copyright 2014byAkoIndusides rm wmrss — %, s. ! A2.06 OF 13 TEXAS REGISTERED ENGINEERING FIRM SCALE: NOT TO SCALE DATE: 10/03/14 DRAWN BY: RW F • 6498 i GLAZING BACKER SEALANT FLASHIN( PRECASI PANEL PROJECT FOR A2.07 CITY OF LUBBOCK OF SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS 13 DETAIL NAME: SILL DETAIL AT PRECAST �MKL1 copya9ntso1abyarMkohd�m� PROJECT NO: 20141003-48 TEXAS REGISTERED ENGINEERING FIRM SCALE: NOT TO SCALE I DATE: 10/03/14 DRAWN BY: RW F - 8498 EIFS BACH SEAL PREC CON( PANE PROJECT FOR CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS DETAIL NAME: HEAD/JAMB DETAIL AT EIFS PROJECT NO: 20141003-48 Copyright 2014 by Armko Industries 1LD C. 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WHIiTiNGTON, i� ..#%............. ....:.,. 1 % 970116 _A �i•s•fy PROJECT FOR CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS DETAIL NAME: HEAD DETAIL AT METAL PANELS M� PROJECT NO: 20141003-48 Copyright 2014 by Anoko Industries A2.09 OF 13 TEXAS REGISTERED ENGINEERING FIRM SCALE: NOT TO SCALE DATE: 10/03/14 DRAWN BY: RW F - 6498 ALUMINUM LOUVER SEALANT WITH BACKER ROD ALUMINUM FRAME CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS DETAIL NAME: HEAD DETAIL AT ALUMINUM LOUVER AFIAM PROJECT NO: 20141003-48 Copyghl 2014 by Armko Industries •I"F A2.10 OF 13 TEXAS REGISTERED ENGINEERING FIRM f - 6498 SCALE: NOT TO SCALE I DATE: 10/03/14 DRAWN BY: RW Y • a� ,a A 4 PRECAST ' - CONCRETE PANEL a 4 d. .A a= SEALANT WITH ti v BACKER ROD A <, ..A ALUMINUM WALL PANEL SEALANT WITH BACKER ROD ALUMINUM FRAME .* •'`• ..... ................ RONALD C. WHtiTINGTON .......... . b 9�oee ' r PROJECT FOR A2.11 CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT OF ADMINISTRATION BUILDING ENVELOPE REPAIRS 13 DETAIL NAME: GLAZING DETAIL AT PRECAST METAL PANEL ARNM PROJECT NO: 20141003-48 Copyright 2014 by Anoko Industries TEXAS REGISTERED ENGINEERING FIRM SCALE: NOT TO SCALE I DATE: 10/03/14 DRAWN BY: RW F - 6498 ALUMINUM FRAME SEALANT WITH BACKER ROD ALUMINUM WALL PANEL STUD WALL f: :# RONALD C..WHrMNOM ........................�. •ol. 97088 p i '8t •.•* low 1� � PROJECT FOR z CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS DETAIL NAME: GLAZING DETAIL AT METAL PANEL AFWAWZ Copyright 2014 by Armko Industries PROJECT NO.. 2 0141003-48 A2.12 OF 13 TEXAS REGISTERED ENGINEERING FIRM F - 6498 SCALE: NOT TO SCALE DATE: 10/03/14 DRAWN BY: RW PANEL RowuL C. VWTINGTON ....... ....;. 1 `s 97088 CITY OF LUBBOCK SOUTHEAST WATER RECLAMATION PLANT ADMINISTRATION BUILDING ENVELOPE REPAIRS DETAIL NAME: GLAZING DETAIL AT METAL WALL PANEL PROJECT NO: 20141003-48 Copyright 2014 by kmko Industries A2.13 OF 13 TEXAS REGISTERED ENGINEERING FIRM SCALE: NOT TO SCALE I DATE: 10/03/14 DRAWN BY: RW F - 6498 PAGE INTENTIONALLY LEFT BLANK L_i