HomeMy WebLinkAboutResolution - 3317 - Contract- Lydick-Hooks Roofing Company- Party House Reroofing & Repairs, 3 Parks - 02_22_1990Resolution # 331 ?
February 22, 1990
Item 38
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Lydick -Hooks Roofing Company of Lubbock,
Inc. for Mahon, Clapp, and Landwer Party Houses reroofing and roof repairs,
attached herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of February , 1990.
B. C. McMIN , MAYOR
ATTEST:
Ranetlte Boyd, City Secre
APPROVED„ AS TO CONTE
Gene Ea s, Purchasing Manager
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
i23 -�317
PROJECT MANUAL
CITY OF LUBBOCK
ROOFING PROJECTS
Parks and Recreation Department Buildings
Architect Michael T. Martin, A.I.A.
Architecture / Interiors
1308-A Avenue Q
Lubboock,Texas
&t No. yof 3�
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: MAHON, K.N. CLAPP & LANDUER PARTY HOUSES REROOFING
BID NUMBER: 10542
PROJECT NUMBER: 1481-552101-9468
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
1.
NOTICE TO BIDDERS..........................................................................................3
2.
GENERAL INSTRUCTIONS TO BIDDERS............................................................................4
3.
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
4.
PAYMENT BOND ............................................... ............ ......13
.. ...........................
5,.
PERFORMANCE BOND..........................................................................................16
6.
CERTIFICATE OFINSURANCE..................................................................................19
7.
CONTRACT..................................................................................................21
8.
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
9.
CURRENT WAGE DETERMINATIONS...............................................................................41
10.
SPECIFICATIONS............................................................................................42
11.
SPECIAL CONDITIONS........................................................................................43
12.
NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 10542
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 7th day of February, 1990, 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:
MAHON, K.N. CLAPP AND LANDWER PARTY HOUSES REROOFING
�. After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City Council will consider the bids on the 22nd day of February, 1990, at Municipal Btdg.,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should
be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is
a factor that will be considered in determination of the lowest responsible bidder. If the contract price
does not exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a 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 bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
r-.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 29th day of January, 1990, at 10:00 o'clock a.m., Committee
Room #103, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 10542
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 7th day of February, 1990, 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:
MAHON, K.N. CLAPP AND LANDWER PARTY HOUSES REROOFING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
-� submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a prebid conference on 29th day of January, 1990, at 10:00 o'clock a.m., Committee
Room #103, Municipal Building, 1625 13th Street.
i
.f/
BY: Gene Ea C.P.M.
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Roof repairs and replacements at Mahon party house located at 29th & Chicago, K.N. Clapp party house located
at 4500 Avenue U., Landwer party house located at Buddy Holly Park (N. University Ave. a Loop 289).
® The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
^" 2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
,r.
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (NINETY) calendar
days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful
w•, bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
r-- 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.
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7. 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 pro-
tecting 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 provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. 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 construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nals, 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. in addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
..- 16. 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
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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 subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, 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.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on Weekends or holidays will be
made by the Owner's Representative.
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.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
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The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, 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.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
towing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
»� If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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A
BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE Lubbock, Texas
DATE February 7, 1990
.-- PROJECT NO. 10542 — --
Roof' Co. of nc.
Proposal of Lydick -Hooks Roofing Lubbock,� (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called owner)
�x
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a Reroofing and Roof
�. Repairs
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions 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, of which this proposal is to be
a part, is as follows:
BASE BID: Eleven thousand, five hundred and forty-six dollars
($
11,546.00
ALTERNATE #1: To provide manufacturer's standard roofing Warranty in lieu of that- specified in
Section 1.7, Article
A., for the modified bitumen roof on the Clapp Party House:
-
DEDUCT ADD (Circle choice) Sum of:
($
...
'-
Term of Warranty to be provided: years. Attach copy of proposed Warranty.
ALTERNATE #2: To provide an extended roofing warranty as specified in Section 1.7, Article
B.,
for the modified
—_-=_
bitumen roof on the Clapp Party House:
ADD Sum Of: -
ALTERNATE #3: To furnish and install insulation as specified in Section 2.2, Articles C. and D., under the modified
bitumen roof on the Clapp Party House (Base Bid to provide for installation without insulation):
ADD Sum of: One thousand, five hundred and eimhtv--------------
($ 1, 580.00 )
°-
Amount shall be
shown in both words and figures. In case of discrepancy,
the amount shown in words shall govern.)
Bidder
hereby agrees to commence the work on the above project on
or before a date to be specified in a
written "Notice
to Proceed" of the Owner and to fully complete the project
within 30 (THIRTY) consecutive calendar
days thereafter
as stipulated in the specifications and other contract documents.
Bidder hereby further agrees to
Pay to Owner as
liquidated damages the sum of $50.00 (Fifty dollars) for each
consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditi(
of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject aray_.or all bids and to waive any formality
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) catend,
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examine(
the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to_substantially_complete_t
work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for 5% of Tnaximum amount
Dollars (S ) or a Proposal Bond in the sun of Dollars (S
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 and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of sa
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder Js a Corporation)
c�
to FATTEST:
Secretary
Lydick -Hooks Roof' Co, of Lubbc
Contrac I
L _
By:
Chuck Lewis, Asst. Vice Fte
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S
BID
e0ND7�,
eb
3 !J—P
®NIMNS (COO
6000 N. LAMAR • SUITE 200 • AUSTIN, TEXAS 78752-4497
BOND
Know all men by these presents:
That LYDICK-HOOKS ROOFING CO. OF LUBBOCK, INC.
(hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual)
a corporation of the State of. Iowa, with its Home Office in the City of Dep Moines, Iowa, (hereinafter
called Surety), as Surety, are held and firmly bound to CITY OF LUBBOCK, TEXAS,
(hereinafter called the Obligee) in the full and just sum of (a ------- 5 °---------------7
FIVE PER CENT OF THE GREATEST AMOUNT BID--------------------- Dollars
good and lawful money of the United States of America, to the payments of which sum of money well
and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this 7TH day of FEBRUARY 19 90 ,
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to
the Principal for REROOFING OF MAHON, KLAPP AND LANDWER PARTY HOUSES
FOR THE CITY OF LUBBOCK, TEXAS,
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly
make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and
award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING
COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the
Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer
by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and
void; otherwise it shall be and remain in full force and effect.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed
and sealed.
LYDICK—HOOKS OOFING CO. OF LUBBOCK,
Witness: Principal
e
By
. W. LEWIS, ASSISTANT VICCE—PRES
(/MERCH °TSSBBO'NDING COMPANY Mutual)
OAN CARNES . E. MURFEE, S , ATTORNEY —IN
Copyright 1989, AIA. MASTERSPEC EVALUATIONS 8/89
at 5-year. intervals, possibly -with a nominal yearly payment for
inspection. service. The profit margin should be reviewed and
`~ adjusted to local conditions..
The suggested warranty and. maintenance. agreement documents are.:.:..
intended for built-up roofing. =For other types of roofing these
should be adjusted accordingly.
An .explicit evaluation'of.'how effective these documents are, In
comparison= with a manufacturer's:,; roofing ...warranty.,:or a
manufacturer's service guarantee is not possible and is:a continuing
controversial item ar ed b e ertsin.the_indust
5u y XP x`Y •
Manufacturer's Warranty/Guarantee:'. There -is considerable'debate
currently underway inmanyarenas (i.e., both at AIA and at NRCA)
about the realistic value .of many of the "standard" warranties/
guarantees offered by many of the manufacturers. There appears to
-' be a general consensus from many quarters that most manufacturers'
warranties/guarantees,. may. actually .take away rights that ;, he ,_
purchaser would otherwise - have :under the Uniform Commercial Code
(UCC). A comprehensive comparison -of the terms, conditions, and
limitations of individual manufacturers' warranties/guarantees was x
performed by NRCA, comparing 26 items of :.information normally
contained in manufacturers' warranties. The.results were initially
published in February 1986-'as part of NRCA 's: "Roof ing Materials
Guide."
ll &:
Wind Blow -Off of Roof ,Roofing contractors are unanimously and
totally opposed to any id properly designed roofing system °-sY
that blows away in a windstorm (of less than hurricane force) should
_involve them in _some form -of ,long-term responsibility. ..,.Their
singular position is.that Roofing`Contractor should do whatever, is
necessary (as specified) for -the :Owner to obtain wind damage
insurance and that this ends`. their participation. This is a fact
=.'of industry that the 'Owner should be made aware of at time of
deciding to use membrane roofing.: '
On certain occasions: ,the ::insurer May want to test the bond ' of a
-''roofing system :to -. the. „substratei::• articularly to steel decking
Otherwise, everybody,'is exposed .:to possible losses for cost of
+a replacing blow -offs, regardless of how much quality control may have
been exercised. Any Architect who does not occasionally get caught.:
up into such loss sharing is lucky.
Test Cuts: Roofing contractors and NRCA are unanimously and totally
opposed to test cuts and laboratory testing of a completed BUR. One
argument is that the taking of test cuts weakens an otherwise good
membrane. Unfortunately, there is no valid evidence to document
failures due to weaknesses developed .as a result of ,the taking of.'`;_;
test cuts
Another procedure that may help detect shortages of materials in
the work but will not detect incomplete moppings, moisture, and
inadequate bond is a materials accounting procedure. Daily use
BUILT-UP COAL TAR ROOFING 07512 - E9
CLAPP-Party House
1 . 7 WARRANTY / GUARANTEE
A. Provide a roof warranty or guarantee, for roofing
membrane, base flashing, insulation, roofing accessories
and workmanship to be free from defects for a period of two
(2) years from the date of completion. During warranty
period Contractor will at his own cost and expense make or
cause at his own cost and expense make or cause to be
made such repairs or replacements of said work as are
necessary to correct faulty and defective work and as
are necessary to maintain said work in watertight
condition.
B. Extented Warranty: Provide extension of above warranty or
guarantee for an addition period of eight (8) years .
C. Exclusions:
1. Specifically excluded from this warranty are damages to
work and other parts of the building, and to building
contents, caused by a). lighting, windstorm; B). fire;
c). failure of structural substrate; d). faulty
construction of vents, chimneys, walls, and other edge
conditions and penetrations of the work; e). vapor
condensation on the bottom of the roofing; and f).
activity on roofing by others including construction
contractors, maintenance personnel, other persons, and
animals whether authorized or unauthorized by the Owner.
When work has been damaged by any of the foregoing
causes, Warranty shall be null and void until such
damage has been repaired by Roofing Contractor and until
cost and expense thereof has been paid by Owner.
2. The roofing Contractor is responsible for damage to work
covered by this Warranty but is not liable for
consequential damages to the building or building
contents, resulting from leaks, faults, or defects of
work.
3. During warranty period, if Owner allows alteration of
the work by anyone other than Roofing Contractor,
including cutting, patching, and maintenance in
connection with penetrations, attachment of other work,
positioning of anything on the roof, this Warranty shall
become null and void, upon date of said alterations, but
only to the extent that alterations affect work covered
by this Warranty. If Owner engages Roofing Contractor to
perform said alterations, Warranty shall not become null
and void, unless Roofing Contractor, prior to proceeding
with said work, shall have notified Owner in writing,
showing reasonable cause for claim that such alterations
would likely damage or deteriorate work, thereby
reasonably justifying a limitation or termination of
this Warranty.
4. The Owner shall promptly notify Roofing Contractor of
observed, known or suspected leaks, defects or
deterioration and shall afford reasonable opportunity
for Roofing Contractor to inspect work and to examine
evidence of such leaks, defects or deterioration.
07535-3 Michael T. Martin, A.I.A.
CLAPP-Party House
5. This Warranty shall be recognized as the only Warranty
of Roofing Contractor on said work and shall not operate
to restrict or cut off Owner from other remedies and
resources lawfully available to him in cases of roofing
failure. Specifically ,this Warranty shall not operate
to relieve Roofing Contractor of responsibility for
performance of original work in accordance with the
requirements of the Contract Documents.
6. Submit two executed copies of "Roofing Guarantee"
covering the Work of this Section as outlined above.
r--
Celotex Warranty Programs
Added to the warranties already available from Celotex is our "Specification Warranty incorporat-
ing Celotex's AGS premium ply sheets and our proven M.IA., Membrane Insulation Svstem, demon-
strating to the owner our confidence in this warranty program.
Throughout theyears, Celotex and its predecessor companies have led the Commercial Roofing In-
dustry, not only in the quality and variety of built-up roofing products and systems, but also `n the
quality assurance offered to a building owner.
Since the introduction of the "Specification" Bond. the first built-up roofing bond ever, bycBarrett in
1906, the name "Specification" has signified quality above the rest and assurance to a building
owner that the roof on his building has no equal.
Once again. Celotex offers "the best in built-up roofing" with its Celotex "Specification" Warrantv
program, carrying forward the tradition that inspired confidence in the manufacturer and its prod-
ucts and established the highest standards possible within the built-up roofing industry.
1. Celotex "Specification" Warranty
The most comprehensive warranty plan now available, assuring bu, ding, owners. of Iona term
performance from their built-up roofing system, is the Celotex "Specification" Warranty, shown
on pages 52 and 53. It combines a premium specification, offering unit responsibility with the
best possible combination of Celotex products "from the deck up" installed by a Celotex "Specifi-
cation" contractor, one of a select group of "Specification" contractors qualified to do the best
work possible. This combination assures:
1. Single Source responsibility for all components of the roof assembly.
2. Long term performance.
3. If warranted roof repairs are required, they will be provided for the entire term of the warranty,
with no limit on the amount which may be required to keeo the roof system free of leaks.
The Celotex "Specification" Warranty is available to an owner when anv specification listed on
page 4 of this manual is used in a Membrane Insulation Assembly (M.I.A.).
It. Celotex Limited Service Warranty
Also available to a building owner is the Celotex Limited Service Warranry which assures the
owner that Celotex will make repairs to the roof membrane or flashings if leaks covered by the
warranty should occur. Any leaks resulting from defects in any of the roofing membrane materi-
als supplied by Celotex are covered up to the penal amount stated in the warranty. For no addi-
tional charge, the coverage can be extended to include the insulation if a Membrane Insul,ignn
Assembly is specified and installed.
50
—III. Celotex,q Modified Bitumen Warranty Program
The Celotex Limited Warranty shown on page 55 is one of two warranties offered by Celotex for
its Modified Bitumen Systems. Both documents guarantee to the building owner that the
Celotex roofing membrane and flashing materials are free of manufacturing defects and will
withstand the effects of ordinary wear and tear by the elements for a period of ten years from
date of completion of the roof.
The two warranties differ, however, in their coverages, terms and conditions, exclusions and
cost to the owner. '
CELOTEX MODIFIED BITUMEN ROOFING SYSTEM LIMITED WARRANTY
Features-.
(1) Available for Celotex Modified Bitumen membranes only or for Celotex Membrane and
Insulation (M.IA.)Assembly.
,.� (2) Includes coverage for workmanship in applying Celotex products.
(3) Coverage available up to S 130.00 per square total payable sum.
(4) Includes coverage for Celotex Expansion Joint Shield used with Celotex Modified Bitumen
materials.
(5) Provides an owner with technical assistance, leak investigation and assistance if additional in-
stallations of roof equipment are required.
CELOTEX MODIFIED BITUMEN MATERIAL LIMITED WARRANTY
.� As an aliernaEive to the Celotex Limited Warranty illustrated on Page 55 and described above,
Celotex will issue at no cost to the owner, a Limited Warranty on material only. This warranty
applies to Celotex materials only and does not extend to workmanship in application of materials.
Features:
—^ (1) Covers Celotex membrane, flashing and Celotex roof insulations only.
(2) Coverage up to 5100 per square for Celotex Modified Bitumen roof membrane, flashing
and Celotex insulation prorated during the last five years of the Warranty.
(3) Provides owner with assistance in leak investigation, etc.
it
f:
i
Guaranties/Warranties/
Contractor Programs
Consistent with our commitment to
the roofing industry and supported by -
the finest proven -in -place perform-
ance record for our products, Owens-
Corning Fiberglas offers a broad
range of warranties and guaranties
for our membrane roofing products
and the systems in which they are
used.
Owens-Corning Membrane
Roofing Guaranty
Offered on all Derbigum and Built -Up
Roofing Products.
Who
Available only through Certified
Roofing Contractor (CRC).for BUR
products or Approved Derbigum
Contractor (ADC) for Derbigum
products.
Charge
Fee for coverage will be based on
current charge in effect at time of
guaranty application.
Coverage
Coverage for leaks due to membrane
failure or faulty workmanship on the
part of the OCF approved or certified
contractor where policies and
procedures are complied with.
Duration
10 up to 20 year terms with liability
ranging from S100 per square to
unlimited dollar coverage depending
on particular membrane and system
used.
Owens-Corning Membrane
Limited Roofing Warranty
Product only warranties are available
on Derbigum and Perma Ply -IV
produced, at no charge, for coverage
of leaks due to membrane material
failure only.
Consult your local Owens-Corning
Fiberglas representative for com-
plete information on guaranty and
warranty options available in your
market.
Owens-Corning Fiberglas recognizes the importance of proper roof applicat
and careful, reliable workmanship. Therefore Owens-Corning offers its gua
anties thru trained and experienced professional roofing contractors. Owen
Corning also conducts onsite audits on guaranty projects with experienced
independent roofing auditors prior to issuance of our guaranties.
"I
APPROVED DERBIGUM CONTRACTOR
OWENS-CORNING APPROVED
DERBIGUM CONTRACTOR
PROGRAM
• For modified Bitumen
Products
The Owens-Corning DERBIGUM
Guaranty is.only available when
DERBIGUM is applied by an Approved
DERBIGUM Contractor (ADC) and the
policies and procedures of the pro-
gram are complied with.
The ADC program was established to
recognize a national force of roofing
contractors who have demonstrated
their ability as sound businessmen
and proven modified bitumen roofing
applicators.
ADC's are given instructions in
roofing installation techniques and
procedures. Approved DERBIGUM
Contractors are periodically reviewed
to assure all criteria of the ADC
program are being met.
CERTIFIED ROOFING CONTRAC
OWENS-CORNING CERTIFIEI
ROOFING CONTRACTOR
PROGRAM
9 For Built -Up Roofing Produc
The Certified Roofing Contractor
Program was established in 1981
by Owens-Corning to recognize a
national force of commercial roofer
contractors who have demonstrate
their commitment to excellence as
sound businessmen and proven
applicators in the built-up roofing
industry. Only those roofing
contractors certified by Owens-
Corning for participation in this
program will be eligible to offer an
Owens-Corning Built -Up Roofing
Guaranty.
Ii
07500/Gai
Buy Line 2589
�..L�..kib'a.t�l�`�- e�"•;�.A ;R .A �d. , � L ?Y _/w +f. � " !R . •u � ` � 'r
GAF BUILDING MATERIALS CORPORATION
A Subsidiary o1 GAF CORPORATION:' \
RUBEROID® MB GUARANTEE
OArE Or co.PLEr04 ExPtpwfpr. O-TE
THE GUARANTEE
'. GAF guarantees the Ruberoid' MS roofing membrane (the "membrane'] and base flashing used in the construction
>T of the above described roof fora period often (10) years commencing with the Dale of Completion. This Guarantee shall
Cover such repairs to the GAF membrane, GAF base flashing, and GAF roof insulation, (but not including repair or
replacement of roof deck, insulation, or other materials used in conjunction with the roofing system not manufactured by
GAF) as shall be necessary solely in order t0 correct leaks resulting from any of the causes enumerated below. Such
} J repairs will be made at no cost to the original Owner provided that the Owner gives GAF written notice of any such leaks
''•.� to GAF's nearest district Office no later than thirty (30) days after the Owner's discovery Of such leak. The cos', of repairs
shall not exceed in the aggregate over the life of this Guarantee a sum greater than the original cost of the GAF supplied
materials and the tabor used to install such materials.
1. •Natural deterioration Of GAF membrane or GAF base 6. Splits not caused by structural failure Or movement Of
• �' flashing
or cracks in substrate or roof base or insulation over
r' 2 Blisters3. Bare Spots which the GAF rooting membrane is applied
{ 7. Buckles and wrinkles
4. Fish -mouths 6. Workmanship in applying membrane or base flashing
S Ridges 9. Slippage of membrane or base Hashing
L...
EXCLUSIONS FROM GUARANTEE
The foregoing Guarantee shall NOT cover the following Conditions or any damages which may arise therefrom.
'.'cj•. 1. Roof maintenance or correction of conditions other or ceased to conlorm to GAF's specifications as to
than leaks. roof slopes or other requirements.
2. Natural disasters including but not limited to wind- 4. Damage to building or contents.
;j. storms. hail, floods, hurricanes, lightning, tornados,
aChanges in usage of building unless approved in
l writing in advance by GAF.
r 3 Damages to the roof constructed of said GAF roofing 6. Damage resulting from any new installa::ons on or
membrane due to (al settlement. distortion, failure Or through the roofing membrane O! lrOm !raHic O( any
cracking Of the tool deck, W8115. Or foundations Of said nature on the root.
budding. (bt improoer installation 01 insulation or
defects or failure Of any material used in any roof base 7. Any repairs or other applications to the roof mem-
s, or insulation not manufactured by GAF, over which brans or base flashing after the date of ccmoletion,
'+ such GAF membrane is applied: (cl infiltration or con- unless performed in a manner acceptable :o and
densanon of moisture in, through or around the walls. approved by GAF in writing in advance.
copings. building structure Or underlying or surround-
ing materials: id) defects in design: (e) non -GAF mate- 8. Any damage occurring more than 30 days alter the
discovery, by the Owner or its agent. of a leak, unless
i
.c, nets including, but not limited tpmetal work. expert- GAF is notified Of such leak within 30 days of its
Sion Or control )pints, walkways, pitch pockets. Hashing discovery.
materials, and roof top units and equipment (4 expan-
sion or contraction of an flashingor metal work; or 9. Areas of root which pond water.
�a;•+ where underlying materials or structures have failed
No representative, employee. or agent of GAF, or any other person, has any authority to assume (or GAF any additional or
f• other liability or responsibility in connection with the roof described above. GAF shall not be responsible for or gable for
any change andlor amendment to the Ruberoid* MB Root Specifications in regard to the construction of "ie rool
described above, unless said change and/or amendment to the Specifications are approved in writing by an authorized
GAF Product Manager Or Technical Manager. This Guarantee shall only accrue to and be for the benefit Of the Original
owner named herein, It small not accrue to the benefit of, or be assignable to, any tenant of the building named herein or
�\ 2} any purchaser, successor, or assignee of the original owner, -
•�
CANCELLATION OF THIS GUARANTEE WILL RESULT IF THE ROOF IS DAMAGED BY ANY CAUSE LISTED
�• ABOVE UNDER "EXCLUSIONS FROM GUARANTEE" SO AS TO AFFECT THE INTEGRITY OR WATERTIGHTNESS OF
THE ROOF.
THIS GUARANTEE IS EXPRESSLY IN LIEU OF ANY OTHER GUARANTEES AND/OR WARRANTIES. EXPRESSED
'? OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON THE PART OF GAF, IN NO EVENT SHALL GAF BE
xj- LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND.
? � NOTE: ?ins Guarantee becomes eflecl,ve GAF BUILDING MATERIALS CORPORATION
only r,,erb,l's'or installation and supplies
nave been Da,o in full 10 Ilse roofing con-
�''� rraclor anc materials suppliers.
" s By
Authorized Signature
• FORM, 103DO 6,187 Date
1W
�t tom.-' , tiw. � t- •,4.:�,� M,. :: +... •� ti .P .r � . ti.'. '� ,,,r. ..'.
It
.
A
17
(This page left blank intentionally)
SECTION 07311
ASPHALT SHINGLES FOR MAHON PARTY HOUSE
-- PART 1 GENERAL
1.01 WORK INCLUDED
r
A. Asphalt shingle roofing, with moisture shedding underlayment, eave,
valley, and ridge protection, and associated protective flashings.
1.02 RELATED WORK
1.03 REFERENCES
A. ANSI/ASTM D226 - Asphalt Saturated Organic Felt Used in
Waterproofing.
B. ANSI/ASTM D2822 - Asphalt Roof Cement.
C. ANSI/ASTM D3018 - Class A Asphalt Shingles Surfaced with
Mineral Granules.
D. ASTM A361 - Sheet Steel, Zinc -Coated (Galvanized) by the Hot -Dip
Process for Roofing and Siding
-. 1.04 SUBMITTALS
A. Submit product data under provisions of Section 01300.
B. Indicate general construction, configurations, jointing methods and
locations, fastening methods and locations, and installation details.
C. Submit manufacture's installation instructions under provisions of
01300.
PART 2 PRODUCTS
" 2.01 ACCEPTABLE ASPHALT SHINGLES MANUFACTURES
A. GAF - Timberline - Weatheredwood in color.
B. Substitutions: Under provisions of Section 01600.
2.02 ROOFING MATERIALS
A. Asphalt Shingles: ASTM D3018-82 Type I; glass fiber matt base,
mineral granule surfaced type.; 340 lb/square self sealing type.
B. Underlayment: Glass fiber building paper, water repellant breather
type. No. 30 unperforated asphalt saturated felts as recommended
for use in weatherproofing and in construction of shingle roofs.
C. Nails shall be of sufficient length and holding power as required on
shingle wrapper for securement of the material.
PART 3 EXECUTION
3.01 INSTALLATION - GENERAL
A. Install asphalt shingle roofing over dry surfaces, free of ridges, warps,
and voids. Use manufacturer's recommendation for installing roof on
tectum deck and plywood deck respectively.
B. Coordinate installation of roof mounted components or work
projecting through roof. Verify roof openings are framed, sized, and
located prior to installing work of this Section.
C. Completed installation to provide weathertight service.
3.02 PROTECTIVE UNDERLAYMENT INSTALLATION
A. Place one ply of underlayment over area not protected by eave
membrane, with ends and edges weatherlapped minimum 6 inches.
Stagger end laps of each consecutive layer. Nail protective
underlayment to hold in place.
B. Install protective underlayment perpendicular to slope of roof.
C. Weather lap and seal items projecting through or mounted on roof
with plastic cement.
3.01 ASPHALT SHINGLES INSTALLATION
A. Place asphalt shingles in straight coursing pattern with 5.5/8 inch
weather exposure to produce double thickness over entire roof area.
B. Provide double course of shingles at eaves.
C. Nail shingles in place in accordance with manufacturer's instructions.
D. Cap ridge with individual shingles, maintaining 5.5/8 inch weather
exposure. Place to avoid exposed nails.
END OF SECTION
Section 07311
(This page left blank intentionally)
SPECIAL CONDITIONS
-43-
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MERCHANTS BONDrNG CO- MANY (Mutual)
DES MOINES, IOWA
POWER OF ATTORNEY
Know All Men By These Presents. that the MERCHANTS BONDING COMPANY (Mutuali. a corporation duly organized under the haws
of the State of Iowa. and having its principal office in the City of Des Moines. County of Polk. State of Iowa. hath made. consHuted nd
appointed. and does by these presents make, constitute and appoint
Wm. E. Murfee, Sr., Wm. E. Murfee, Jr., Lance Murfee or Joan Carnes
Lubbock Texas
Of - and .Stale of is ?rile arid ta'.n'ful AItUiTtey-!;1-FdGt. with fUII Power
and authority hereoy conferred in its name. place and stead. to sign. execute. acknowledge and deliver in its behait as Surety:
Any and all bonds or undertakings. provided that no bond or undertaking
executed under this authority shall exceed in amount the sum of
FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual). and all the acts of said Attorney. pursuant to the
authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney ,s made and executed pursuant to and by authonty of the following By -Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2, SECTION 5A. -- The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys -in -Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the
Company thereto. bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in tf e nature thereof.
ARTICLE 2. SECTION 6B. -- The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to,
any Power of Attorney or Certification thereof authorizing the execution and dolwo,y of any bondundertaking. rc;coanizance. or
other suretyship obligations of the Company, and such signature and seal when so used shai! have the same ford and effect as
though manually fixed.
In Witness Whereot, MERCHANTS BONDING COMPANY (Mutual) has rausad these presents to be signed by its Vice President and
Executive Vice President, and its corporate sea! to be hereto affixed. this 1st. day of January A D., 1990
Attest: MERCHANTS BONDING COMPANY ;'Mutuah
G rBy
0.
• � y,s
�•��.'u..v ,�iL3s PrESid�"t
STATE OF IOWA
COUNTY OF POLK s. •• ''✓ iti
On this 1st day of January 1990 before me appeared M. J. Long and
Rodney Bliss 111. to me personally known, who being by me duly sworn did say that they are Vice President and Executive Vice President
respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing ansirun,er:t.:!nd that the &:'al
affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed fed and soaied in behalf of
said Corporation by authority of its Board of Directors.
In Testimony Whereof. I have herounto set my hand and affixed my Official Seal, at the City of Des Moines. Iowa the day ,ano year tirst
above written.
IOWA m
r-. z '•. ., J-1-92
• O �P STATE OF IOWA
••• Rf Ayy COUNTY OF POLK
1. M.J. Long. Vice President of the MERCHANTS BONDING COMPANY (Mutuaf)• do hercahy ser";fv
torego!ng is a true and correct ropy of the PCV` O ER OF ATrF-1NEY. exeNU cuted by :,;:d 1v1ERC1' :^.'[ ffdi
CONv1PANY (4Autual), which is still !n force and eftect. • 'J`�G Cp
yl ' in VJ:rness Whereof. I have raePrrxra?o ;et my irarad and affixed the -eat of Ihe.C^mpany. at •''�• ... .o •
INS 7th day of February t9. 90 ;'��,v,P�R9�q✓••
December 31, 1991 ; yJ 1 33 ••
This power of attorney expires __�._-_.-.,- . ,__ d• • ,�Q
PAYMENT BOND
-13-
(This page left blank intentionally)
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars ($ ) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis-
trators, 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 day of
19_, to
P--
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 sub -contractor in the prosecution of the work provided for in said con-
tract, 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 Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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.
-14-
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of 19_
Surety
Principal
By:
*By:
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Surety
*By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-15-
r
PERFORMANCE BOND
r�
r•
-16-
(This page left blank intentionally)
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, 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 _ day of
, 19_, to
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 per-
form 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 Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, 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 19�
Surety
Principal
By:
(Title)
*By:
(Title)
By:
(Title)
-17-
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
Surety
By:
Approved as to Form
City of Lubbock
By:
City Attorney
(Title)
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-18-
CERTIFICATE OF INSURANCE
-19-
(This page left blank intentionally)
146,RTIFICATE C
-.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD
ANY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE ISSUING COMPANY WILL MAIL DAYS WRITTEN NOTICE TO THE CER-
TIFICATE HOLDER NAMED: 10
ISSUE DATE OF THIS CERTIFICATE
MAR 0 7 1990
ISSUED AT
• .
CITY OF LUBBOCK
1❑ TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX
ATTN: GENE EARS, PURCHASING MGR.
D❑ TEXAS EMPLOYERS INDEMNITY CO. •DALLAS, TX
P. O. BOX 2000
0 EMPLOYERS CASUALTY COMPANY • DALLAS, TX
LUBBOCK, TX 79457
a EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX
a EMPLOYERS CASUALTY CORPORATION • DALLAS, TX
® EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX
E EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX
❑
INSURED
LYDICK ROOFING COMPANY
BOX 2605
LUBBOCK, TX 79408
IAuthori a Represenia
(Signe •rla7G.vrt/
(Typed) CARL A. LUCKENBACH, DIST. MGR.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE
POUCIES DESCRIBED HEREIN jS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
CO.
NO
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
ALL LIMITS IN THOUSANDS
WORKERS' COMPENSATION
1
* 14401
01/01/90
01 /01/91
STATUTORY
$ 500 �tEAcr+ ACCIDENT) '
AND
$ 500 IDISE&M-EACH EMPLOYEE)
EMPLOYERS' LIABILITY
500 (OISEASE•POL)CY LIMIT)
GENERAL LIABILITY
E
E419456
01/01/90
01/01/91
GENERAL AGGREGATE
$ 2.000
COMMERCIAL GENERAL LIABILITY
PRODUCTS COMP/OPS AGGREGATE
$ 2,000
CLAIMS MADE ®OCCURRENCE
PERSONAL d ADVERTISING' INJURY
$
OWNER'S 3 CONTRACTORS PROTECTNE
EACH OCCURRENCE
$
FIRE DAMAGE (ANY ONE FIRE)
$
MEDICAL EXPENSE (ANY ONE PERSON)
$
AUTOMOBILE
LIABILITY
y I}
IL
ANY AUTO
2
241176501/01/90
01/01/91
CSL
$ 1 non
;:..
BODILY
ALL OWNED AUTOS
SCHEDULED AUTOS
INJURY
(PER PERSON)
$
IEI RY
HIRED AUTOS
NON OWNED AUTOS
(PER
ACCIDENT)
$
PROPERTY
GARAGE LIABILITY
DAMAGE
$`""
EXCESS LIA131UTY
EA04
occ�aaEna
AQC%qEDATE
UMBRELLA
3
653908
01/01/90
01/01/91
€: '+'
$ 1,000 $
1,000
OTHER THAN UMBRELLA FORM
OTHER
*EXCLUDES MASTERS AND MEMBERS OF CREWS
OF VESSELS.
CC: NGA
CC: ASSIGNED RISK UNIT
CC: ABILENE DISTRICT OFFICE
TECO 17993-B (3-89)
CONTRACT
-21-
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 22nd day of February. 1990, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Lydick -Hooks Roofing Co. of Lubbock, Inc.
of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
Lows:
BID # 10542 - MAHON, CLAPP 8 LANDWER PARTY HOUSES RE -ROOFING AND ROOF REPAIRS FOR THE AMOUNT OF,$13,126.000
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
Labor, insurance and other accessories and services necessary to complete the said construction in accordance with
P— the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
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
re-
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,
written.
APPROVED AS TO FORM:
ATTEST:
CITY OF LUBBOCK, TEXAS (OWNER)
� e
By: J • . /r/l
MAYOR
Lydick -Hooks Roofing
Co., of Lubbock.lnc.
CONTRACTOR
By:
TITLE: { � V s,'_ Ludv
COMPLETE ADDRESS:
Box 2605
Lubbock. Texas 79408
-22-
(This page left blank intentionally)
GENERAL CONDITIONS OF THE AGREEMENT
-23-
(This page left blank intentionally)
r-
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
y. ..
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, copartnership or corporation, to -wit: Lydick -Hooks Roofing Co.
of Lubbock. Inc., who has agreed to perform the work embraced in this contract, or to his 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 CARLOS VIGIL, PARK DEVELOPMENT SUPERVISOR, -PARKS AND RECREATION, City of Lubbock, under
whose supervision these contract documents, including the plans and specifications, were prepared, and who
will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized
by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act
for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor
or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
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.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
'-' the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall bedecided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
.- character of the work.
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 re-
sponsibility 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.
-24-
i. 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 him who gives the notice.
8. WORK
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 docu-
ments. 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 docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he 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 of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
-25-
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con --
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where tines 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 him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
14. 0WNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that 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 this
contract. He 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 Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
® the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that_
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor 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 shalt 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 six (6) days make written appeal to the Owner's
Representative for his decision.
-26-
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 his absence
and all directions given to him shall be binding as if given to the Contractor. 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 Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his 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 himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials 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 effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agreesto employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall 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 ob-
servation, 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.
-27-
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is
being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa-
tive to make observations of such work or require testing of said work, then in such event Owner or Owner's
Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If any 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 Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, 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 approval, and any work which meets
e the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work 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 this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further 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 Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or 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 in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
A„ 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
-28-
case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to 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, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive 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 com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph shall apply and the 'tactual 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 Workmen's
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 mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery 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 com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments 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 he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative 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 in-
sists 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). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
-29-
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract 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. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
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 speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's 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, his sureties and insurance carriers shall defend, indem-
nify and save harmless the owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized 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. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at Least $100,000 Limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or Limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, mmaterialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner 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 speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. if the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. 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 effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. if the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar 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.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his 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 his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract 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 on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $50.00 (FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the
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breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in
default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this Local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his 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 contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the owner is having other work done, either by contract or by his
own force, the owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes 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 sev-
eral parts.
35. EXTENSION OF TIME
_ The Contractor agrees that.he has submitted his 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 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
P" except when his 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,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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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 judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. 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 for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. 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 he shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. 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 him 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.
40. 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 de-
fective 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 con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against owner which have not theretofore been timely filed as provided in this contract.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial 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; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
"— be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
.� certificate of acceptance 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 special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
.� condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he 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
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date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
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) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shalt lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Comer or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
A' the Specifications hereto attached, 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.
-- After receiving said notice of abandonment, 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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide 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 sup-
plies 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 com-
pleted 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 com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per 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. However, 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.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 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, 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 certificate of completion.
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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 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. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety 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 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 subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) 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. 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 machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
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53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all toss 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 and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his 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 ob-
serve Contractor's work during his 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.
55. 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 he shall remove all such debris and also his 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.
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CURRENT WAGE DETERMINATIONS
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'Y Resolution #2502
` January 8, 1987
Agenda Item #18 -
DGV:da
RESOLUTION
-' WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes: .
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
^1
Ranett6,-Boyd, City Secretary
APPROVED TO ONTENT:
BiTi- P yne, Q rector of Building
Services
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Doliald G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
.Cement Finisher
Drywall Hanger _
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
- Welder - Certified
Hourlv Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
EXHIBIT B
Paving and Highway Construction
--- Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
-- Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
-- Truck Driver -
Light
Heavy
Hourlv Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
t
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman Series
Hourly Rate
$11.00
10.45
8.90
7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2 times base rate.
SPECIFICATIONS
-42-
(This page left blank intentionally)
City of Lubbock
PROJECT MANUAL
Including Architectural
Specifications
for
Roofing Removal and Replacement,
Clapp Party House
4500 Avenue U
Lubbock, Texas
and
Roofing Tile, Partial Replacement,
Landwer Party House
Buddy Holly Park (N. University Ave. @ Loop 289)
Lubbock,Texas
Prepared by:
Michael T. Martin,A.I.A.,
Architecture/ Interiors
1308-A Avenue Q
Lubbock, Texas 79401
(806) 747-3517
to AR C'
��A61 2% r
�lF OF
IMr�wfTPJ��1t�
01001-1 Michael T. MartinA.I.A.
(This page left blank intentionally)
C;ily of Lubbock
SECTION 00002
PROJECT DIRECTORY
CITY OF LUBBOCK. TEXAS
1625-13th. Street
Lubbock, Texas 79401
Owners Representative: Mr. Carlos Vigil
Parks and Recreation Department
(806) 762-6411, Ext.2665
Architect: Michael T. Martin,A.i.A.,
1308-A Avenue Q
Lubbock, Texas 79401
(806) 747-3517
01002-1 Michael T, MartinA.i.A.
City of Lubbock
SECTION 01003
TABLE OF CONTENTS
Division idding and Contract Requirements
01001 Cover page
01002 Project Directory
01003 Table of Contents
01340 Submittals and Substitutions
01600 Product Handling
01700 Contract Closeout
01710 Cleaning
Division 3-6 No Specification Sectons
Division Thermal and Moisture Protection
07320 Clay Roofing Tile
07535 Modified Bitumen Roofing
Division 8-16 No Specification Sectons
01003-1 Michael T. Mar inA.I.A.
SECTION 01340
SUBMITTALS AND SUBSTITUTIONS
�-- PART 1 GENERAL
Clty of Lubbock
1.1 DESCRIPTION
A. Work included:Make submittals required by the Contract Documents,
and revise and resubmit as necessary to establish compliance
with the specified requirements.
B. Related work:
1. Documents affecting work of this Section included, but are not necessarily I
limited to, General Conditions, Supplementary Conditions ,and Sections
in Division 1 of these Specifications.
2. Individual requirements for submittals also may be described in pertinent
sections of these Specifications.
G Work mf included:
1. Unrequired submittals will not be reviewed by the Architect.
2. The Contractor may require his subcontractors to provide drawings, setting
diagrams, and similar information to help coordinate the Work, but such data
^� shall remain between the Contractor and his subcontractors and will not be
reviewed by the Architect.
1.2 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 aspects with the
specified requirements
3. By affixing the Contractors 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 the time of
bidding, on the form provided therefore in the bidding documents, and when
substantiated by the Contractors submittal of the required data within 30
.-. calendar days after the award of the Contract.
2.1 SAMPLES
A. Provide samples 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 to be
returned, plus one which will be retained by the Architect.
2. By prearrangement in special 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.
2.2 COLORS
A. Unless the precise color and pattern is 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
�. for selection.
2.3 DRAWINGS
A. Provide drawings as required in the pertinent sections of these Specifications.
01340-1 Michael T. Martin, A.I.A.
City of Lubbock
PART 3 EXECUTION
3.1 IDENTIFICATION OF SUBMITTALS
A. Consecutively label all submittals.
1. When material is resubmitted for any reason, transmit under a new letter
of transmittal and with a new transmittal number.
2. On resubmittals, cite the original submittal number for reference.
B. Accompany each submittal with a letter of transmittal showing all information
required for identification and checking.
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 for his review upon request.
3.2 GROUPING OF SUBMITTALS
A. Unless otherwise specified make submittals in groups containing all
associated items to assure that information is available for checking each item
when it is received.
1. Partial submittals may be rejected as not complying with the provisions
of the Contract.
2. The Contractor may be held liable for delays so occassioned.
3.3 TIMING OF SUBMITTALS
A. Make submittals enough in advance of scheduled dates for installation, to
provide time required for reviews, for securing necessary approvals, for possible
revisions and resubmi tal, and for placing orders and securing delivery.
B. In scheduling, allow at least ten (10) working days for review by the Architect
following his receipt of the submittal.
3A ARCHITECTS REVIEW
A. Review by the Architect does not relieve the Contractor from the responsibility for
errors which may exist in the submittal data.
B. Revisions:
1. Make revisions required by the Architect.
2. If the Contractor considers any required revisions to be a change, he
shall so notify the Architect's provided for in the General Conditions.
3. Make only those revisions directed or approved by the Architect.
END OF SECTION
01340-2 Michael T. Martin, A.I.A.
City of Lubbock
SECTION 01600
PRODUCT HANDLING
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included: Protect products scheduled for use in the Work by means
Including , but not limited to, those described in this Section.
B. Related work:
1. Documents affecting work of this Section included, but are not
necessarily limited to, General Conditions, Supplementary Conditions
,and Sections in Division 1 of these Specifications.
2. Additional procedures also may be prescribed in pertinent other
Sections of these Specifications.
1.2 QUALITY ASSURANCE
A. Include within the Contractors quality assurance program such
procedures as are required to assure full protection of work and
materials.
1.3 MANUFACTURER'S RECOMMENDATIONS
A. Except as otherwise approved by the Architect, determine and
comply with manufacturers recommendations on produce handling,
storage, and protection.
1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original
container, with labels intact and legible.
1.5 PROTECTION
A. Protect finish surfaces, including jambs and soffits and heads of
— openings used as passageways, through which equipment and
materials are handled.
B. Provide protection for all finished floor surfaces in traffic areas
prior to allowing equipment or materials to be moved over such surfaces.
C. Maintain finished surfaces clean, unmarred, and suitably protected
until accepted by Owner.
1.6REPAIRS AND REPLACEMENTS
A. In the event of damage, promptly make replacements and repairs to
the approval of the Architect and at no additional cost to the Owner.
B. Additional time required to secure replacements and make repairs
will not be considered by the Architect to justify an extension in the
Contract Time of Completion.
END OF SECTION
01600-1 Michael T. Martin, A.I.A.
City of Lubbock
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included:Provide
completed Work to th
SECTION 01700
PROJECT CLOSEOUT
e
1. Documents affecting work of this Section included, but are not
necessarily limited to, General Conditions, Supplementary
Conditions ,and Sections in Division 1 of these Specifications.
2. Activities relative to the Contract closeout are described in, but
necessarily limited to , Article 42. of the General Conditions of the
Agreement.
3. Substantial completion is described in Article 9. of the General
Conditions of the Agreement.
1.2 QUALITY ASSURANCE
A. Prior to requesting an inspection by the Architect, use adequate
means to assure that the Work is completed in accordance with
the specified requirements and is ready for the requested inspection.
1.3 PROCEDURES;
A. Substantial Completion:
1. Prepare and submit a comprehensive list of items to be
completed or corrected.
2. Within a reasonable time after receipt of the list the Architect will
inspect to determine the status of completion.
3. Should the Architect determine that the Work is not substantially
complete:
a. The Architect will promptly notify the Contractor, in writing,
giving the reasons therefore.
b. Remedy the deficiencies and notify the Architect when ready
for reinspection.
c. The Architect will reinspect the Work.
4, When the Architect concurs that the Work is substantially completed:
a. The Architect will prepare a 'Certificate of Substantial
Completion' on AIA form G704, accompanied by the Contractor's
list of items to be completed or corrected, as verified by the
Architect. .
b.The Architect will submit the Certificate to the Owner and to the
Contractor for their written acceptance of the responsibilities
assigned to them in the Certificate.
B. Final Completion:
1. Prepare and submit a written notice that the Work is ready for final
inspection and acceptance, in accordance with Article 42. through
45. of the General Conditions of the Agreement.
2. Certify that:
a. Contract Documents have been reviewed.
b. Work has been inspected for compliance with the Contract
Documents.
c. Work has been completed in accordance with the Contract
Documents.
d. Equipment and systems have been tested as required,
and are operational.
3. Architect will make an inspect to verify status of completion.
01700-1 Michael T. Martin, A.I.A,
City of Lubbock
4.
Should the Architect determine that the Work is not substantially
complete:
a. The Architect will promptly notify the Contractor, in writing,
giving the reasons therefore.
b. Remedy the deficiencies and notify the Architect when ready
for reinspection.
c. The Architect will reinspect the Work.
5.
When the Architect determines that the Work is acceptable under
the Contract Documents, he will request the Contractor to make
closeout submittals.
C. Closeout Sumittals include, but are not necessarily limited to:
1.
Operation and maintenance data for items so listed in pertinent
other Sections of these Specifications, and other items when so
directed by the Architect;
2.
Warranties and Bonds.
-- 3.
Spare parts and materials extra stock.
4.
Evidence of compliance with requirements of governmental
agencies having jurisdiction including but not necessarily limited to:
a. Certificates of Inspection;
b. Certificates of Occupancy;
5.
Certificates of Insurance for products and completed operations;
6.
Evidence of payment and release liens;
7.
List of any subcontractors, service companies, and principal vendors,
-,
including names, addresses, and telephone numbers where they may
be reached for emergency service at all times including nights,
weekends and Holidays.
D. Final adjustment of accounts:
1.
Submit a final statement of accounting to Owner's representative,
showing all adjustments to the Contract Sum
1 A INSTRUCTION
A. Instruct the Owner's personnel in proper operation and maintenance of
systems, equipment, and similar items which were provided as part of the
Work.
END OF SECTION
01700-2 Michael T. Martin, A.I.A.
City of Lubbock
SECTION 01710
CLEANING
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included:
1. Throughout the construction period, maintain the buildings and the
site in a standard of cleanliness as described in the Section.
2. Set up and locate roofing work and equipment to allow access and
use of the building during repairs.
3. Should work require thaf the building not be used, notify Owner ten
(10) days in advance of such.
B. Related work:
1. Documents affecting work of this Section included, but are not
necessarily limited to, General Conditions, Supplementary Conditions
,and Sections in Division 1 of these Specifications.
2- In addition to standards described in this Section, comply with the
requirements for cleaning as described in pertinent other Sections of
these Specifications.
12 QUALITY ASSURANCE
A. Conduct daily inspection, more often if necessary, to comply with
pertinent requirements of governmental agencies having jurisdiction.
1.3 PROJECT CONDITIONS
A. Follow all local ordinances, including the 1988 Uniform Building Code,
as amended; and all other governing codes and ordinances.
PART 2 - PRODUCTS
2.1 CLEANING MATERIALS AND EQUIPMENT
A. Provide required personnel, equipment, and materials needed to
maintain the specified standard of cleanliness.
22 COMPATIBILITY
A. Use only cleaning materials and equipment which are compatible with
the surface being cleaned, as recommended by the manufacturer of the
materials.
PART 3 - EXECUTION
3.1 PROGRESS CLEANING
A. General:
1. Retain stored items in an orderly arrangement allowing maximum
access, not impeding traffic or drainage, and providing secure
rotection of materials.
In
2. Do not allow accumulation of scrap, debris, waste material, and
other items not required for the construction of this Work.
3. At least twice each month, and more often if necessary completely
remove all scrap, debris, and waste material from the job site.
4. Provide adequate storage for all items awaiting removal from the
job site, observing requirements for fire protection, existing
landscaping and protection of the ecology.
Site
1.
2.
Daily, and more often if necessary, inspect the site and pick-up all
scrap, debris and waste material. Remove such items to the place
designated for their storage or disposal.
Maintain the site in a need an orderly condition at all times.
01710-1 Michael T. Martin, A.I.A.
City of Lubbock
C. Structures
1. Should any work be conducted on or material be stored in the
interior portions of the building(s), follow the guidelines as listed
above for storage and cleanliness.
2. As that portion of the interior work is completeds, weep interior
spaces clean and otherwise restore then to the condition prior to
construction.
a. ' Clean ` for the purpose of this subparagraph shall be
Interpreted as meaning free from dust and other material
capable of being remove by use of reasonable effort and
reasonable effort and a hand-held broom.
3A FINAL CLEANING
A. 'Clean', for the purpose of this Article, and except as may be specifically
provide otherwise, shall be interpreted as meaning the level of
cleanliness generally provided by skilled cleaners using commercial
quality building maintenance equipment and materials.
B. Prior to completion of the Work, remove from the job site all tools, surplus
materials, equipment, scrap, debris, and waste. Conduct final progress
cleaning as described in Article 3.1 above.
C. Site:
I. Unless otherwise specifically directed by the Architect, broom clean
all walks, drives, and porches which have been soiled by the Work.
-- 2. Completely remove resultant debris.
3. Remove any residue of roofing asphalt, mastic, etc. which may
have been left or tracked onto adjacent walks, drives or patios.
D. Structures:
�- 1. Exterior:
a. Visually inspect exterior surfaces and remove all traces of soil,
waste materials, smudges and foreign matter.
b. Remove all traces of splashed materials from adjacent surfaces.
2. Interior:(when Work has taken place inside building)
a. Visually inspect interior surfaces and remove all traces of soil,
waste materials, smudges and foreign matter.
b. Remove all traces of splashed materials from adjacent surfaces.
c. Remove paint droppings, spots, stains, and dirt from finished
surfaces.
E. Schedule final cleaning as approved by the Architect to enable the
Owner to accept a completely clean work.
3.3 CLEANING DURING OWNER'S OCCUPANCY
A. Owner intends to occupy and have complete use of building(s) during
construction. Scheduling forinterior interim and final cleaning shall be
�., coordinated with the Owner's Representative
END OF SECTION
01710-2 Michael T. Martin, A.IA.
LANDWER Party House
SECTION 07320
CLAY ROOFING TILES
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included:
1. Furnish and install Clay Roofing Tiles on the Landwer Party House, Buddy
Holly Park, where shown on the Drawings, as specified herein, and as
needed for a complete and proper installation.
2. Repair roof where required in insure integrity of waterproof membrane.
B. Related work:
1. Documents affecting work of this Section included, but are not necessarily
limited to, General Conditions, Supplementary Conditions ,and Sections in
Division 1 of these Specifications.
1.2 QUALITY ASSURANCE
A. Applicator. Contractor shall have a minimum of three (3) years experience
in the installation of clay roofing the on comparable or larger projects.
B. Use adequate numbers of skilled workmen who are thoroughly trained and
experienced in the necessary crafts and who are completely familiar with
the specified requirements and the methods needed for the proper
performance of the work of this Section.
C. Comply with the recommendations of and installation details of the
"Roofing and Waterproofing Manual' of the NRCA,1988.
D. For Flashing and Sheet Metal comply with pertinent recommendations
contained in the current edition of 'Architectural Sheet Metal Manual"
published by the Sheet Metal and Air Conditioning Contractors
National Association (SMACNA).
1.3 SUBMITTALS
A. Comply with pertinent provisions of Section 01340.
B. Product data: Within 21 calendar days after the Contractor has received
the Owner's Notice to Proceed, submit:
1. Materials list of items proposed to be provided under this Section.
a. Most recent copy of manufacturer's literature applicable to products
and specifications to be used including flashing details.
b Manufacturer's recommended installation procedures which, when
approved by the Architect will become the basis for accepting
or rejecting actual installation procedures used on the work.
c. Approval of this list by the Architect will not relieve the Contractor of the
responsibiffty to provide all items required for the Work even though
such required items may not have been shown on the approved list.
d. Provide Architect with one piece of field the proposed for use.
1.4 PRODUCT HANDLING
A Comply with pertinent provisions of Section 01600.
B. Transport and deliver tiles on pallets in a manner to avoid physical damage.
C. Deliver setting materials and fasteners in original containers with
manufacturer's labels intact and legible.
D. Stack palletized the not more than two pallets high. Stack loose tiles on butt
end on blocking and as straight as possible in level row not more than two tiles
high.
E. Cover tiles with tarpaulin or other suitable covering to prevent soiling or
exposure to weather. Secure covering to prevent removal by wind.
F. Tiles may be stored in locked courtyard area, at Contractor's risk.
1.5 PROJECT CONDITIONS
A Follow all local ordinances, including the 1988 Uniform Building Code, as
amended; and all other governing codes and ordinances.
07320-1 Michael T. Martin, A.I.A.
LANDWER Party House
1.6 WARRANTY / GUARANTEE
A. Guarantee materials and workmanship to be free from defects for a period of
,. one (1) year from date of acceptance.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Clay Roofing Tiles:
1. Furnish hard-bumed clay, preformed, straight, two-piece barrel Mission Tiles,
with holes for nails made before firing.
a. Finish: match size, color and surface characteristics
of existing roofing tiles.
B. Fittings:
1. Fumish booster tiles, starting cover tiles, gable rake tiles, eave closure (bird
stop), tops and pans, and other fittings necessary to fully complete/ repair
existing installation, and in accordance with manufacturer's
recommendations.
C. Other Materials
1. Fasteners: Tile; Non -corrosive, 11 ga. copper, stainless steel or aluminum nails,
of a length to provide maximum and sufficient penetration of wood nailer.
2. Roofing Cement: ASTM D2822
3. Sealant: Silicone: ASTM D1002
PART 3 - EXECUTION
3.1 INSPECTION AND PREPARATION
A. Examnine substrate to determine suitability to receive roofing.
B. Do not proceed with the work until conditions are suitable to receive work.
G Remove any broken or cracked the and fittings.
D. Remove any debris, grease, oil, water, moisture, or other contaminates,
leaving surface to receive roofing clean.
3.2 REPAIRS
A. Repair any visible damaged, loose, non -adhered areas or fishmouths in
existing roofing.
B. Repair deformed rain gutter on east face of building, over window.
C. Repair roofing, valley flashing, edge flashing, or other component as required
to alleviate existing leak in front (east) main room of house, south of fireplace.
r
3.3 INSTALLATION
A. General:
1. Install clay the roofing in accordance with the recommendations and details
-- of the manufacturer; to replace all missing, broken, cracked or otherwise
damaged pieces and fittings.
B. Application:
1. Lay roofing tile using Tight Method"; lay in straight lines with head -lap and
-- exposure to conform with existing installation.
2. Lay starters to match existing overhang.
3. Lay tiles so that butt edges form straight lines parallel to eaves and in
alignment with existing.
4. Fasten tiles by nailing through center most hole. DojlQt drive nails so
that heads are tight against tiles.
5. Field fabricate fittings and special shapes, where required. Cut the
accurately to produce needed shapes, using a power- driven saw
�- equipped with a carbide or diamond tipped blade.
6. Drill rake tiles to facilitate nailing at the edge. Roll tile over edge to match
7. Replace ridge tiles as required using 2" min. nails, using sealant or
roofing cement in such a manner to insure weather tightness of the roof
and wind resistance of the roof tile.
07320-2 Michael T. Martin. A.I.A.
LANDWER Party House
8. Attach each the to runner (already in place), using one 11 gage, rust
resistant nail, aluminum, copper yellow metal or stainless steel nail of
sufficient length to penetrate 314 inch minimum into the substrate.
9. Apply a bead of mastic over the heads of nails that fasten gable, rake
and ridge tiles.
3A CLEANING
A Remove trash, debris, equipment and parts from jobsite.
B Repair any damage and remove stains occasioned by the Work of this
Section.
END OF SECTION
07320-3 Michael T. Martin, A.I.A.
CLAPP-Party House
SECTION 07535
MODIFIED BITUMEN SHEET ROOFING
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included:
1. Removal and complete tear -off of existing built-up roofing,
flashings, vent flashings and gravel stop.
2. furnish and install roof insulation board as specified herein.
3. Furnish and install modified bituminous roofing on the Party Room
of the K.N. Clapp complex, where shown on the Drawings, as
specified herein, and as need for a complete and proper
installation.
B. Related work:
1. Documents affecting work of this Section included, but are not
necessarily limited to, General Conditions, Supplementary
Conditions ,and Sections in Division 1 of these Specifications.
1.2 REFERENCES
A American Society for Testing and Materials (ASTM):
1. D41 Specification for Asphalt Primer Used in Roofing, Dampproofing
and Waterproofing
2. D312 Specification for Asphalt Used in Roofing.
3. D2178 Specification for Asphalt Glass Felt Used in Roofing and
Waterproofing.
4. C726 Specification for Mineral Fiber, Rigid Cellular PolyUrethane
Composite Roof Insulation Board.
B. Federal Specification (FS):
1. HH-1-1972 Polyisocyanurate Insulation Board.
2. SS-A-701 Asphalt, Petroleum (Primer, Roofing and Weatherproofing.
3. HH-1-526 Insulation Board, Thermal (Mineral Fiber).
1.3 QUALITY ASSURANCE
A. Applicator. Contractor shall authorized to install modified bitumen
products by the manufacturer.
B. Use adequate numbers of skilled workmen who are thoroughly trained
familiar with the specified requirements and the methods needed for the
proper performance of the work of this Section.
C. Comply with the recommendations of and installation details of the
"Roofing and Waterproofing Manual" of the NRCA,1988.
D. For Flashing and Sheet Metal comply with pertinent recommendations
contained in the current edition of "Architectural Sheet Metal Manual"
published by the Sheet Metal and Air Conditioning Contractors National
Association (SMACNA).
1.4 SUBMITTALS
A. Comply with pertinent provisions of Section 01340.
B. Product data: Within 21 calendar days after the Contractor has received
the Owners Notice to Proceed, submit:
1. Materials list of items proposed to be provided under this Section.
a. Most recent copy of manufacturer's literature applicable to
roducts and specifications to be used including flashing details,
p
b. Provide 8" x 8" minimum sample of each type of roofing ply,
including venting base felt and cap sheet.
c. Provide 8" x 8" minimum sample of roofing insulation board.
d. Provide sample of type of mechanical fastener to be used to
secure insulation.
e. Approval of this list by the Architect will not relieve the Contractor
of the responsibility to provide all items required for the Work even
though such required items may not have been shown on the
approved list.
07535-1
Michael T. Martin, A.I.A.
CLAPP-Party House
1.5 PRODUCT HANDLING
A. Comply with pertinent provisions of Section 01600.
B. Store bulk asphalt in heated tanker not greater than 3500 F. Avoid
modification of asphalt physical properties resulting from long periods
of overheating.
C. Store materials in dry, protected areas in an upright position. Control
temperature of storage areas in accordance with manufacturer's
instructions. Protect materials from freezing.
D. Storage of mineral faced cap sheet rolls should be at least above
500 F. for a period of time before application.
1.6 PROJECT CONDITIONS
A. Follow all local ordinances, including the 1988 Uniform Building Code,
as ammended; and all other governing codes and ordinances.
B. Do not apply roofing unless correct asphalt application temperatures
for the base ply can be maintained to obtain good embedment
and adhesion ( minimum 400° F .at point of application). Nor shall
operation be conducted when water in any form is present on deck,
such as rain, dew, ice,frost or snow.
C. Proceed with roofing work only when existing and forcasted
weather conditions will permit work to be performed in accordance
with manufacturer's recommendations and warranty requirements.
1.7 WARRANTY / GUARANTEE
A. Provide a roof warranty or guarantee, for roofing membrane, base
flashing, insulation, roofing accessories and workmanship to be free from
defects for a period of two (2) years from the date of completion.
During warranty period Contractor will at his own cost and expense
make or cause to be made such repairs or replacements of said
work as are necessary to correct faulty and defective work and as
are necessary to maintain said work in watertight condition.
condition.
B. Extented Warranty; Provide extension of above warranty or guarantee
for an addition period of eight (8) years.
C. Exclusions:
1. Specifically excluded from this warranty are damages to work and
other parts of the building, and to building contents, caused by a).
lightning, windstorm; B). fire; c). failure of structural substrate; d). faulty
construction of vents, chimneys, walls, and other edge conditions and
penetrations of the work; e). vapor condensation on the bottom of
the roofing; and f). activity on roofing by others including construction
contractors, maintenance personnel, other persons, and animals
whether authorized or unauthorized by the Owner. When work has
been damaged by any of the foregoing causes. Warranty shall be
null and void until such damage has been repaired by Roofing
Contractor and until cost and expense thereof has been paid by
Owner.
2. The roofing Contractor is responsible for damage to work covered by
this Warranty but is not liable for consequential damages to the
building or building contents, resulting from leaks, faults, or defects of
work.
07535-2 Michael T. Martin, A.I.A.
CLAPP-Party House
3. During warranty period, if Owner allows alteration of the work by
anyone other than Roofing Contractor, including cutting, patching,
and maintenance in connection with penetrations, attachment of
other work, positioning of anything on the roof, this Warranty shall
become null and void, upon date of said alterations, but only to the
extent that alterations affect work covered by this Warranty. If Owner
engages Roofing Contractor to perform said alterations, Warranty
shall not become null and void, unless Roofing Contractor, prior to
proceeding with said work, shall have notified Owner in writing,
showing reasonable cause for claim that such alterations would likely
damage or deteriorate work, thereby reasonably justifying a
limitation or termination of this Warranty.
-- 4. The Owner shall promptly notify Roofing Contractor of observed,
known or suspected leaks, defects or deterioration and shall afford
reasonable opportunity for Roofing Contractor to inspect work and
to examine evidence of such leaks, defects or deterioration.
5. This Warranty shall be recognized as the only Warranty of Roofing
Contractor on said work and shall not operate to restrict or cut off
Owner from other remedies and resources lawfully available to him in
cases of roofing failure. Specifically ,this Warranty shall not operate to
-- relieve Roofing Contractor of responsibility for performance of
original work in accordance with the requirements of the Contract
Documents.
6. Submit two executed copies of 'Roofing Guarantee" covering the
Work of this Section as outlined above.
PART 2 - PRODUCTS
T 2.1 GENERAL
A. Roofing and Flashing Membranes:
1. Base Sheet:
a. mechanically attached fiberglass venting felt.
2. Interply Sheet, solid mopped.
3. Granule Surfaced, Mop -applied cap sheet:
B. Related Materials:
1. Asphalt Primer: To comply with (ASTM D41.)(FS SS-A-710.)
2. Asphalt Bitumen: To comply with ASTM D312-1984, Type I.
3. Mechanical fasteners and nails: as required for specific application.
C. Roof Insulation:
1. Provide insulation compatible with other materials used in the
. complete roof system. Insulation shall be approved by the roofing
manufacturer, conform to recommendations and warranty
requirements.
2. Polyisocyanurate Foam Board Insulation:
a. Rigid boards of minimum 2.0 lb./cu. ft. density polyisocyanurate
based, closed -cell foam core permanently bonded to thick
thick fibrous, non -asphaltic facers; of a thickness required to
achieve an aged R- value of 11.00, in accordance with RIC/11MA
Technical Bulletin 281-1.
3. Glass -Fiber Board Roof Insulation:
a. Rigid glass -fiber boards of thickness required to achieve an
R-value of 11.00, with integrally bonded top covering of asphalt
and kraft paper.
07535-3 Michael T. Martin, A.I.A.
CLAPP-Party House
2.2 ACCEPTABLE PRODUCTS
A, For Application directly to nailable deck , subject to compliance with
stated requirements, provide one of the following Modified Bitumen
roofing systems:
Celotex Corporation; Specification CX-SBS-R Mopped.
GAF Corporation; Specification 140MG.
Manville Corporation; Specification No.2 CND.
Owens-Corning Fiberglas Corp; Specification 31NC.
Tamko Corporation; Specification 212.
1. Color; Mineral surface granules on cap sheet shall be white.
B. For Application over specified insulation, subject to compliance with
stated requirements, provide one of the following Modified Bitumen
roofing systems:
Celotex Corporation; Specification CX-SBS-C Mopped.
GAF Building Materials Corporation; Specification 120MG.
Manville Corporation; Specification No.2 CID.
Owens-Corning Fiberglas Corp; Specification 311C.
Tamko Corporation; Specification 108.
1. Color; Mineral surface granules on cap sheet shall be white.
C. Subject to compliance with requirements, Polyisocyanu rate foam
board insulation that may be incorported in the work include,
but are not limited to the following:
Celotex Corporation; Celotex Apache White Line Pyrox Plus.
GAF Building Materials Corporation; GAF Temp Isotherm.
Manville Corporation; UltraGard Gold.
R-Max Corporation; Multi -Max.
D. Subject to compliance with requirements, manufacturers of glass -fiber
board roof insulation that may be incorported in the work include,
but are not limited to the following:
Owens -Coming Fiberglas Corporation.
E Flashing and Sheet Metal:
1. Where sheet metal is required, and no material or gage is indicated,
provide the highest quality and gage commensurate with the
referenced standards.
2. Zinc -Coated Steel: ASTM A526, with 20% copper, G90 hot -dipped
galvanized, mill phosphated, for painting.
3. Solder for Sheet Metal: Except as otherwise indicated or
recommended by metal manufacturer, provide 50/50 tin/lead type
(ASTM B32) for tinning and soldering joints; use rosin flux.
4. Lead Flashing: 2 1 /2 Ib. to 41b. sheet of common desilverized pig lead.
5. Standard commercial items may be used for flashing, trim, reglets,
and similar purposes provided such items meet or exceed the quality
standards specified.
F. Other Materials:
1. Provide other materials, not specifically described but required for a
complete and proper installation, as selected by the Contractor and
approved by the Architect.
07535-4 Michael T. Martin, A.I.A.
CLAPP-Party House
PART 3 - EXECUTION
3.1 PREPARATION
A. Remove existing gravel and built-up roofing. Tear out all old flashing and
striping , Including gravel from walls, curbs, stacks and objects. Remove all
old edge detail work including gravel stop. Remove existing lead
fleshings, and pitch -pan for electrical.
B. Replace any damaged or decayed areas of wood roof decking.
C. Remove any debris, grease, oil, water, moisture, or other contaminates
which may affect bond to deck surface.
D. Verify that roofing decking Is sound, dry, and reasonably smooth. Prime
according to manufacturer's instructions prior to application of venting
base sheet.
E. Prepare other surfaces according to respective manufacturer's
published instructions.
F. Use cleaning materials and methods necessary to render an
acceptable surface.
G. Use compatible materials on voids and joints so that finished deck
surface will be even and smooth.
H. Protect adjacent areas from damage with tarpaulin or other durable
materials.
3.2 APPLICATION/INSTALLATION
A. General: Coordinate the installation of insulation, roofing sheets, stripping,
coatings and moppings so that insulation and felts are not exposed to
precipitation or exposed overnight. Provide cutoffs at end of each days
work, to cover exposed deck, insulation or felts with a layer of coated felt
with joints and edges sealed with roofing cement. Remove cutoffs
Immediately before resuming work. Glaze coat installed ply -sheet
courses at end of each day's work where final surfacing has not been
Installed.
B. Insulation:
..- 1. Install insulation materials in accordance with manufacturer's
current published application instructions.
2. Prior to installation of insulation nail venting base to prepared
decking.
3. Install insulation materials in accordance with NRCA Manual,
Specification Plate for attachment to wood deck, Fastening
Pattern 1.
4. Install insulation boards in parallel courses. Stagger end joints in
adjoining courses. Install boards with the long courses perpendicular
to roofing plys.
5. Secure each panel with nails of sufficient length to penetrate
structural deck without protruding through underside. Use capped
head nail, 1' square minimum cap, or 1" diameter minimum , tin cap.
6. As an alternate means of attachment of both insulation and base
sheet secure using mechanical fasteners approved by the
insulation manufacturer.
..� 7. Where overall insulation thickness is two (2) inches or greater, install
required thickness in two layers with joints of second layer
staggered from joints of first layer a minimum of twelve (12) inches
each direction. Install second layer in full mopping of Type III
asphalt, applied with a temperature range of EVT, plus or minus 250
F. and at a rate of 25 lb. (plus or minus 25 % on total job basis) per
100 square feet.
07535-5 Michael T. Martin, A.I.A.
CLAPP-Party House
C. Roofing Membrane:
I. Install membrane materials In accordance with manufacturer's
current published application instructions.
2. Install base sheet using nails or other suitable mechanical fastening;
turn down over edge of roof behind gravel stop and secure.
3. Set mop -on plies in solid uniform 20-40 lb./square foot hot
(minimum 400°F. at point of application) mopping of asphalt,
Type as recommended by roofing manufacturer.
4. Asphalt should extent beyond all side and head laps a minimum
of 1 /2'.
5. After installation of final cap sheet, cover any exposed edges or
areas of exposed asphalt with mineral granules matching that
of the cap sheet.
D. Flashings:
1. Base Flashings: The flashing system shall be a component of, or
attached to, the roof deck.
2. Apply flashing only after the roofing membrane has been installed.
3. Mop -on flashings, setting in a solid uniform 20-40 lb./square foot hot
(minimum 400°F. at point of application) mopping of asphalt, Type
as recommended by roofing manufacturer.
4. Asphalt shall extent beyond all side and head laps a minimum
Of 1 /2".
E Gravel Stop:
1. Install fabricated 24 ga., galvanized gravel stop of face dimension
to match existing and roof return edge not less than 4 inches. Make
lock seam work flat and true to line, sweating full of solder. Attach to
nailer with nails @ 3b.c. staggered.
2. Prime flange and set in mastic or roofer's cement.
3. Edge strip with Modified Bitumen Mineral Cap Sheet using flashing
cement or asphalt as according to detail of manufacturer.
F. Other accessories:
1. Install plumbing vent, exhaust and other flashings, in accordance
with roofing manufacturer's current published application instructions
and details.
2. Provide one (1) one-way Roof Vent, as approved by the
manufacturer of the roofing system, and install in accordance with
roofing manufacturer's current published application instructions
and details.
3. After installation of gravel stop, flashing, and roofing accessories,
cover any exposed edges or areas of exposed asphalt with mineral
granules matching that of the cap sheet.
3.3 FIELD QUALITY CONTROL
A. Finished roof membrane must be solid and tight. Inspect roof and
make necessary corrections/ repairs to ensure adhesion.
1. Cut open, re -adhere and non -adhered areas or fishmouths. Then
cover the repaired area with another layer of Modified Bitumen cap
sheet.
3.4 CLEANING
A. Remove trash, debris, equipment and parts from job site.
B. Repair any damage and remove stains occasioned by the Work of this
Section.
END OF SECTION
07535-6 Michael T. Martin, A.I.A.
TO:
The City of Lubbock, having considered the proposals submitted and opened on the _day of
199, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock;
it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that
said proposal was accepted by the City Council of the City of Lubbock on the day of 198_ at
the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer-
tificates of insurance, and all other documents specified and required to be executed and furnished under the con-
tract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents
within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of
such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to
execute and furnish such contract documents and bonds within the time limit specified, said bid security will be re-
tained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
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