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HomeMy WebLinkAboutResolution - 2002-R0043 - Contract For Southeast Water Reclamation Plant Building Improvements - Wardroup - 01_23_2002Resolution No. 2002-R0043 January 23, 2002 Item No. 47 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Southeast Water Reclamation Plant Clorine Storage Building improvements, by and between the City of Lubbock and Wardroup & Associates, Inc. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of January , 2002. WINDY SIT N, MAYOR ATTEST: Garza, City S APPROVED AS TO CONTENT: vc- Victor Kilmal , Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Wardroup & Assoc res Jan. 14, 2002 l�S"..:...:.i�l�ix'i:._..:.1':�✓a-:.✓.�::Y11o.:.YJ.'�:.li.l:,Y=f✓'L...:�w:::. A�01'=Wl.'.Y.:.W11'1.i'�...:Sa.d.,,.-�:1i-.ti+N:l.J.,: �N:. :. i.w. �.�.e.-s.:+,�R.J)•r.a.:a:rdr�..'1._Y'_.::r:Ll:.'r.+: FAai�.uf. r.�..i :i.:w.t�.::� ��u(»'3L'i�liw'�a9.+�/LiYIY�� of � 2011D CHECK 87ST RA.TINu �7 LICENSE IN TEXAS 'kfr E CITY OF LUBBOCK SPECIFICATIONS FOR SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS ITB #285-01/13M CITY OF LUBBOCK Lubbock, Texas -ti! E CITY OF LUBBOCK INVITATION TO BID FOR TITLE: SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 285-01/BM PROJECT NUMBER: 90179.9242.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 1. ti x Yt�• _7 �: :�. .r•F::_. ?:rzw -t'• i►` � „�_...vi u�.:_.� a ..cr,.,.� - � � L�c`_i - �a..—...�� > .�`: J ._..--... NOTICE TO BIDDERS ITB #285-01/BM Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until = o'clock p.m. on the 13th day of December. 2001, 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 with a budget amount of S70.000.00: "SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 13th day of December. 2001, and the City of Lubbock City Council will consider the bids on the 10th day of January. 2002, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current �t Ratina of B or suoeL. . Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) 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. There will be a non -mandatory pre -bid conference on 5th dayQf December. 2001 at 10:00 o'clock a.m., in the Engineering Conference Room -107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 131' Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained from the City of Lubbock, 1625 13th Street, Room L04, Lubbock, TX 79401, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. 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, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK V( � �' VICTOR KILMA PURCHASING MANAGER No Text BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS per the attached specifications and contract documents. Sealed bids will be received no later than 2M p.m. CST, the Ih day of December, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "ITB #285-01/13M, SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 a.m.. December 5th. 2001 in Engineering Conference Room -107. Lubbock. Texas_. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be Included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then It shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It Is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. ►�• : •► ► ► •:►1G •► G►� • .L ► • 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. to the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attomey General pursuant to Section 552.305 of the Government Code. in the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CON FIDENTIAUPROPRIETARY js not in conformance with the Texas Open Records Act. The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. •► ;� �• T ► 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 131 Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: bmacnair@mail.ci.lubbock.tx.us 12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. § • _D The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: 4 (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. :►W-Y-194r u The contractor shall, at his own expense, fumish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so Is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 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 fumish 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. 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage Insurance documents including workers compensation coverage for each subcontractor. OUR ::►e , Mon ► ■• 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. RMINIff W=111:19 u' • G► Isia 14 10 NIMC�. 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, swom, 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 27 W. 29 copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) -have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. PREPARATION FOR BID , 28.1 The bidder shall submit his bid 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 intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 7 0) 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. The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a pasthistory and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. No Text BID SUBMITTAL LUMP SUM BID CONTRACT DATE: !"PROJECT NUMBER: #285-01BM -SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS Bid of WARDROUP & ASSOCIATES, INC. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) i Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a SOUTHEAST WATER RECLAMATION = `PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The - price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: Construction of a building at the Southeast Water Reclamation Plant around the existing chlorine cylinder storage area. The project calls for tying the new non -load bearing walls to the existing concrete pad and columns# a b , t -S r# t,5 SJ-rel MATERIALS:. {$ ?�� 06 /�1.I , (). ���,�i Sri 1 SERVICES: �il , , ,ram . ./ TOTAL BASE BID: O OPTION #1: In lieu of Georgetown Split Face Block, use CMU Block with face brick. !.; MATERIALS: ($ ) SERVICES: ($ ) i TOTAL OPTION #1 (DEDUCT): n ($n GhGNt= ) OPTION #2: In lieu of two 1/2 glass Stainless Steel Doors, use two 1/2 glass Fiberglass Doors and paint to match �- - exterior colors. (.. MATERIALS: ($ ) SERVICES: ($ ) TOTAL OPTION #2 (DEDUCT): OPTION #3: In lieu of Stainless Steel Service Door, use Fiberglass Service Door and paint to match exterior colors. MATERIALS: ($ ) TSERVICES: ($ ) "TOTAL OPTION #3 (DEDUCT): r% (Amount shall be shown in both words and numerals. 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 f "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) 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 $0 (ZERO) for each consecutive calendar day in excess of the time set forth herein above 1-- for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to -Bidders. i Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or l certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of S 5'e Dollars ($ ), which It is agreed shall be collected and retained by the Owner as liquidated damages in the L ,;event the bid is accepted by the Owner and the undersigned falls to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the ` undersigned upon demand. fa LIST OF SUBCONTRACTORS WARDROUP & ASSOCIATES, INC. Minority Owned Yes No Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be Q\ Date: changed for the purpose of correcting an error In the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIQR TO BID OPENING. Aut d��� (Seal if Bidder is a Corporation (Printed or Typed Name) ��*V�W!WAFWROUF# PRE ESIDNT ";ATTES 'Company WARDROUP & ASSOCIATES, `,'Secretary Address WATLACF4 C (_ ('- ?Bidder acknowledges receipt of the following addenda: city, County '-'Addenda No. Date State Zip Code Addenda No. Date Telephone: 'eiDG -7 9'03 ' — FAddenda No. Date Fax: -7 1 -z— -77C_ Addenda No. Date LMMBE Firm: L 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days.after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. WALLACE C . WARnRQUP Contractor (Signature) Contractor (Print) CONTRACTOR'S NAME: _ WARDROUP & ASSOCIATES. INC. (Print or Type ) CONTRACTOR'S ADDRESS: 4408 BROWNFIELD DRIVE Name of Agent/Broker: LUBBOCK, TEXAS 79410 INWEST GROUP Address of Agent/Broker: Rnx 5391 0_ `. City/State/Zip: LUBBOCK, TEXAS 79453 _ Agent/Broker Telephone Number: ( gob ) 785-1988 Date: / L/r 3 c, I NOTE TO CONTRACTOR `if the time requirement specified above is not met, the City has the right to reject this bid/proposal and If award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, WARDROUP & ASSOCIATES, INC. `^ (hereinafter called e Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of TEXAS as Surety, are held and firmly bound unto CITY OF LUBBOCK (hereinafter called the Obligee) in the just and full sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ------------- Dollars ($----------- (5%)-------- ) lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the "SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 13TH day of DECEMBER BDB 600201 20 01 WARD OCIATE By _ , V 1 G& PR-S WALLACZ C . WARDROUP , V I CL PRJjS WASHINGTON INTERNATIONAL IN RANCE COMPANY By KEVIN DUNN, Attorney to Fact NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the city of Itasca, Illinois, each does hereby make, constitute and appoint: Kevin Dunn, Cara D. Hsacock, Fred Davis, Harold D. Biaggeli jointly and / or severally Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TEN MILLION ($10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000: "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25 day of XLY . 20 00. North American Specialty Insurance Company Washington International Insurance Company 4 Gp By Tl SEAL Daniel G. Gibson y _ �I;SPftiA AL # Q z z +u•'g ByJ� • Steven P. Anderson State of Illinois County of Cook ss: FICIAL.SI=AL LF . - w,Kic, �r^Tc of ituno�a rwrNOM Yasmin A- Patel, Notary Public 25 day of RTLY 20 0 . before me, a Notary Public personally appeared and Daniel G. Gibson Steven P. Anderson personally know to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. I, Robert 1. Cate , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by saidNorth American Specialty Insurance Company and Washington International Insurance Company, which is still in fall force and effect. INWITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 1 3 t—1 day of December '20 01 . , Robert I. Cate BOND CHECK � t+ 87ST RATING t_ICENSE IN TEXAS CPTE I O _BY -- Bond No. S-900 3536 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021 (a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $26,000) KNOW ALL MEN BY THESE PRESENTS, that WARDROUP & ASSOCIATES, INC. (hereinafter called the Principal(s), as Principal(s), and WASHINGTON INTERNATIONAL INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the. Obligee), in the amount of ONE HUNDRED TWENTY TWO THOUSAND FIVE HUNDRED AND N01100--- .----....... --................ Dollars ($122,500.00 )lawful money of the United States for the payment whereof, the said Principal and Surety bind' themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 23RD day of JANUARY , 2002 , to BID #285-01l13M - SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Section 2253.021 (a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 24TH day of JANUARY 2002 WASHINGTON INTERNATIONAL INSURANCE COMPANY WARDROUP & , Surety Principa ,.�1---, *By: By: EVIN DUNN, Attorney -In -Fact (Title) TAMCZ 0- WARDROUP, V ICL Ph*;x By. (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates KEVIN DUNN 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. WASHINGTON INTERNATIONAL INSURANCE COMPANY Surety * By: EVI DUNN , Attorney -In -Fact Approved asto form. City of Lubbo k By: City Attorney Attorney * Note: if signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire, andhaving its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: KEVIN DUNN, CARA D. HANCOCK, FRED DAVIS AND HAROLD D. BINGGELI JOINTLY OR SEVERALLY its true and lawful Attomey(s)-in-Fact, to make; execute, .seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this: authority shall exceed the amount of. TEN MILLION (10,000,000.00) DOLLARS 'his Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any. of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is . FURTHER RESOLVED, that the signature of such officers and the seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. T�rf�J/�/rrr `�\\\\\\01111Vo G s BY . 4 ,pp Paul D. Amstutz, President & Chier Executive omcer of waahington International Insurance Company & SEAL, '. SEAL m o TEN President North Specialty -Insurance Company ..CORPORA C a 1973 ui s} Vice of American =� ftA L s o. . AWZONA a y rq/i1�ONQ� B NlnfllntlItO . Steven P. Anderson, Sr. Vice President of Wallington International Insurance Company & Vice President of North American Speclalty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of December 20 01 North American Specialty Insurance Company Washington International Insurance Company State ofIllinois County of UuPage SS: 10 day of December 12001 , before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American. Specialty Insurance Company and Steven P. Anderson Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be the voluntary act and deed of, their respective companies. OFFICIAL SEAL YASMlIV A PATEL rIOTArIM astnuc, a,TAT! Oi NIJNOIa rav e�oaarsrNOM Fxrsnesroavr�.0: Yasmin A. Patel, Notary Public I, James A. Carpenter Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by the companies, which is All in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2 4 Jay of .Tant,ary , 20QZ• James A. Carpenter, Vice President & Assistant Secretary of Washington lateroatlonal Insurance Company & Militant Secretary orNorth American Speciality Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas .Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should -you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become ' a part or condition of the attached document. aoNn CHECK g=ST RATING LICENSE IN TEXAS k jE � 02 BY Bond No. S-900 3536 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021 (a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that WARDROUP & ASSOCIATES, INC. (hereinafter called the Principal(s), as Principal(s), and WASHINGTON INTERNATIONAL INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of ONE HUNDRED TWENTY TWO THOUSAND FIVE HUNDRED AND NO/100 ---- - Dollars ($122,500.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 23RD day of JANUARY , 2002 , to BID #285-01/13M - SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS and said principal under the law is required before commencing the work.provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021 (a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 24TH day of JANUARY 2002 WASHINGTON INTERNATIONAL INSURANCE COMPANY WARDRO ASSOCIATES, IN Surety Princi ,r. * By: By: KEVIN DUNN , Attorney -In -Fact (Title) By: VAUACT C . RARDROUP' , 9I G6 PRE'a (Title) By: (Title) The undersigned surety company represents that It Is duly qualified to do business In Texas, and hereby designates KEVIN DUNN 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. WASHINGTON INTERNATIONAL INSURANCE COMPANY Surety By KEVIRbUNN, Attorney -In -Fact ,Approved as to Form City of Lubboc By: C6 Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. NAS SURETY GROUP NORTH AMERICAN.SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: KEVIN DUNN, CARA D. HANCOCK, FRED DAVIS AND HAROLD D. BINGGELI JOINTLY OR SEVERALLY its true and lawful Attomey(s)-in-Fact, to make, execute, seal arid deliver, for and on its behalf and as its act and deed, bonds or other writings. --- obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a_ Power of Attorney qualifying the attorney named -in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to attach therein the seat of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seat of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached: BY c' Paul D. Amstutz, President & Chief Executive Omcer of Washington International Insurance Company & �, j p t a m Vice President of North American Specialty Insurance Company �.,� COR! ��� m 1 3 By ' l 1111�\\- Steven P. Anderson, Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company . IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of December 20 01 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DuPage SS: 10 day of December ,20 01 , before me, a Notary Public, personally appeared Paul D. Amstutz ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson , Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be the voluntary act and deed of, their respective companies. omaAL SEAL YASMIN A PATEL tanrAW twaaac. Irr rn of nitNCW "M cohm"`�" ""'"ER&OWI 'OS Yasmin A. Patel, Notary Public I, James A. Carpenter Vice President & Assistant Secretary of Washington Intemational Insurance Company and the Assistant Secretary of North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 24tHay of January 120 James A. Carpenter, Vice President & Assistant Secretary of Washington international tnsurence Company & Assistant Secretary of North American Speciality Insurance Company �y c-� � �� �- ,� .. .. -�� ,M O1/24/2002 IRODUCER (915) 570-3456 FAX (915) 570-3450 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gallagher Inwest 110 N. Marienfeld St. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 330 Midland, TX 79701 INSURERS AFFORDING COVERAGE VSURED Wardroup & Associates, Inc. INSURER A: Mid -Continent Casualty P. 0. Box 6999 INSURERB: Mid -Continent Group(Oklahoma Surety) Lubbock, TX 79493 INSURERC: Texas Mutual Ins. Co. INSURER D: INSURER E: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .JSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDlYY POLICY EXPIRATION DATE MMIDD(YY LIMITS GENERAL LIABILITY 04GL000066527 10/01/2001 10/01/2002 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FRI OCCUR MED EXP (Any one person) $ 51000 PERSONAL & ADV INJURY $ 11000,00 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO JELOC CT AUTOMOBILE LIABILITY ANY AUTO 06TX000017269 10/01/2001 10/01/2002 COMBINED SINGLE LIMIT (Es accident) $ 11000,000 X BODILY INJURY (Per person) $ gX ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ _ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TSF000458208 10/01/2001 10/01/2002 X I ORY L MITsI ER A EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ S00,00 C TMIR der Risk XI9770106 10/01/2001 10/01/2002 $1,250,000 Per Job $1,250,000 Per Disaster $20,000 Off Site Storage DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ;id #285-01/BM - Southeast Water Reclamation Plant Chlorine Storage Building dditional Insured included on General & Auto Liability policies in favor of certificate holder as ?quired by written contract. Waiver of Subrogation included on all policies in favor of certificate colder as required by written contract. CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF LUBBOCK BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1625 13TH STREET OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. LUBBOCK, TX 79401 AUTHORIZED REPRESENTATIVE ¢_ Ron Stroman CIC DAA ACORD 25-S (7197) ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CERTIFICATE OF INSURANCE TO: CITY OF. LUBBOCK DATE: P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) Med Exp (Any one Person) AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDERS RISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the Insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or In case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By: Title: 1 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the govemmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: I REQUIRED WORKERS' COMPENSATION COVERAGE 'The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. No Text ION"; uldal STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 23rd day of January, 2001 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Wardroup & Associates, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR: WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #285-01/BM - SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE BUILDING IMPROVEMENTS-$122,500.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: City ecretary APP S TO CO NT: Owner's Representative APPROVED AS TO FORM: City Attorney ATTEST: Cor r ecret ry WALLACE C. WARDRCUP, CONTRACTOR: .W.ARDROUP & ASSPCIATES, By: DE MIS W . W:RDROUP, PRESIDENT PRINTED NA/ TITLE: COMPLETE ADDRESS: Wardroup & Associates, Inc. 4408 Brownfield Drive Lubbock, Texas 79410 No Text GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit WARDROUP & ASSOCIATES, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CHESTER CARTHEL, CHIEF ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, 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 inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable;" "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of.work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or -trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall .keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contraot dooi hi6hits, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 1011111111111111W►11Wds[•J►1 Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. •: •► :►o► The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractors expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owners Representative, it must, if requested by the Owner or Owners Representative, be uncovered for observation and testing at the Contractors expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the 4 requirements of any such tests, ihspect1669 of 6�0�84s, and a' by work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. .�:: �•:. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed acid paid far under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions In these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then It shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 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 doiitractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attomeys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. •► o) 243 1 ► R11 :_► The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The Insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 7 A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability insurance. For bodily injuries, including accidental death and or property damage, 10 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500.000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as 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/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract rp ice (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of Skon all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000,00. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 8 Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the govemmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas 9 Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. 10 (3) (4) (5) (6) (7) (g) (9) The name of the policy and type or types of insurance in force thereunder on the date bome by such certificate. The expiration date of the policy and the limit or limits of liability thereunder on the date bome by such certificate. A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. 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. The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. If policy limits are paid, new policy must be secured for new coverage to complete project. A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 11 REQUIRED WORKERS' COMPENSATION COVERAGE 'The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;' and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate Insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 12 (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (vili) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(vlii), with the certificate of coverage to be provided to the person for whom they are providing services. Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. MEN Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 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 shall remain unpaid, in addition to any statutory retainage rights it may have, 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. The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in anyway, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. St �.►r•fir\S0 ISPR The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, 13 the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $Q (ZER ) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may 14 direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. RMEMER ►I • - •III' The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, 15 against any and all claims or damages due to any injury to any adjacent -or adjoining property, related to, arising from or growing out of the performance of this contract. 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 bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress 'of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. L\ G �u' 0► Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 16 ► ' e 11 � � ► � \ � • � 1/ ► The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. •:: •► Kel•:. Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other -materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) 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, in the amount withheld, payment shall be made for amounts withheld because of them. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed 17 that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract; then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use -of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, 18 or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be tumed over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. � eI The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so fumished. In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 19 Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 No Text RE: RESOLUTION NO.6262, ITEM NO.39, APRIL 8, 1999 - -T " EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Sri Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 yt Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 _ Electrician -Helper 7.00 . Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 `. Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates I Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 IN EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 No Text SOUTHEAST WATER RECLAMATION PLANT CHLORINE STORAGE ENCLOSURE SPECIFICATIONS CITY OF LUBBOCK, TEXAS WATER UTILITIES DEPARTMENT 1 �k BASE BID & ALTERNATES DESCRIPTION BASE BID _ Item Quantities Description of Item 1. 1 Construction of a building at the Southeast Water Reclamation Plant around the existing chlorine cylinder storage area. The project calls for tying the new non -load bearing walls to the existing concrete pad and columns using Georgetown split face block, two glass stainless steel doors, stainless steel service door, and four aluminum framed windows. Having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to fiunish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. DEDUCT Item Quantities Description of Item Deduct 1 In lieu of Georgetown Split Face Block, use CMU Block with face brick. Deduct 1 In lieu of two %2 glass Stainless Steel Doors, use two 1/2 glass Fiberglass Doors and paint to match exterior colors. Deduct 1 In lieu of Stainless Steel Service Door, use Fiberglass Service Door and paint to match exterior colors. STANDARD BUILDING SPECIFICATIONS INDEX Paragraph Title page SECTION 1-GENERAL SPECIFICATIONS 1.0 Summary ................................................................................... 6 1.1 General....................................................................................... 6 1.2 Approved Construction Plans .................................................... 6 1.3 Measurement and Payment....................................................... 6 1.4 Submittals for Review............................................................... 7 1.5 Qualifications .............. 1.6 Contract Conditions ................................................... 8 - 1.7 Acceptable Manufactures........................................................... 10 1.8 Product Options......................................................................... 10 1.9 Substitutions after Award of Contract ....................................... 12 1.10 Substitution Procedures............................................................. 12 1.11 Schedule of Products................................................................. 13 1.12 Delivery, Storage, and Handling ............................................... 14 1.13 Environmental Requirements.................................................... 15 1.14 Construction Schedule............................................................... 15 1.15 Notice to Proceed...................................................................... 16 1.16 Quality Assurance..................................................................... 16 1.17 Regulatory Requirements.......................................................... 16 1.18 Access to Site and Use of Premises ........................................... 16 1.19 Security Procedures................................................................... 17 1.20 Construction of Facilities and Temporary Controls .............. 17 1.21 Project Conditions..................................................................... 18 1.22 Construction Stakes.................................................................. 19 1.23 Barricades and Safety Measures ............................................... 20 1.24 Underground and Overhead Utility Structures .......................... 20 1.25 Protection of Existing Underground Utilities ............................ 21 1.26 ..................... General Examination Requirements .......................................... 21 1.27 General Preparation Requirements ............................................ 22 1.28 Inspection.................................................................................. 22 0J 1.29 Clearing and Grubbing.............................................................. 22 1.30 Dewatering............................................................................ 23 1.31 Excavation................................................................................. 23 1.32 General Installation Procedures ................................................. 25 1.33 Procedures for Correction of Work ........................................... 26 1.34 Cleanup...................................................................................... 26 1.35 Submittal for Closeout............................................................... 28 1.36 Warranty and Acceptance.......................................................... 28 1.37 Abbreviations............................................................................. 28 1.38 Definitions................................................................................. 29 SECTION 2-CAST-IN-PLACE CONCRETE 2.0 General.............................................................................. 30 2.1 Formwork . ........................................................................... 30 2.2 Formwork Accessories.............................................................. 30 2.3 Reinforcing Materials................................................................ 30 2.4 Concrete Materials..................................................................... 31 2.5 Miscellaneous Materials and Accessories ...................:............. 31 2.6 Concrete Mix Design................................................................. 32 2.7 Control of Mix in Field.............................................................. 33 2.8 Concrete Mixing........................................................................ 34 2.9 Concrete Form Preparation........................................................ 34 2.10 Vapor Retarder Installation........................................................ 35 2.11 Placing Reinforcement............................................................... 35 2.12 Joint Construction...................................................................... 35 2.13 Installation of Embedded Items ................................................. 36 2.14 Concrete Placement................................................................... 36 2.15 Finishing Formed Surfaces........................................................ 37 2.16 Finishing Slabs........................................................................... 38 2.17 Concrete Curing and Protection ................................................. 39 2.18 Removal of Forms and Supports ............................................... 41 2.19 Miscellaneous Concrete Items ................................................... 41 2.20 Concrete Repairs........................................................................ 41 2.21 Quality Control Testing During Construction ........................... 41 3 tti SECTION 3-MASONARY WALLS 3.0 General................................................................................. 43 3.1 Pre -installation Conference........................................................ 44 3.2 Coordination............................................................... ............... 44 3.3 Concrete Masonry Unit............................................................... 44 3.4 Insulation Inserts........................................................................ 44 3.5 Reinforcement and Anchorage .................................................. 44 3.6 Mortar and Grout....................................................................... 44 3.7 Admixtures.......................................:......................................... 45 3.8 Flashing...................................................................................... 45 3.9 Mortar Grout Mixes................................................................... 45 3.10 Grout Mixes............................................................................... 46 3.11 Grout Mixing............................................................................. 46 3.12 Examination............................................................................... 46 3.13 Preparation................................................................................. 46 3.14 Installation................................................................................. 47 3.15 Tolerances................................................................................:. 49 3.16 Cutting and Fitting..................................................................... 49 3.17 Field Quality Control................................................................. 50 3.18 Cleaning..................................................................................... 50 3.19 Protection of Finished Work ...................................................... 50 3.20 Schedule..................................................................................... 50 SECTION 4-FI3ERGLASS PIPE, FITTINGS, AND DAMPERS 4.0 General................................................................................. 51 4.1 Fiberglass Pipe....................................................................... 51 4.2 Laying, Aligning, and Joining fiberglass pipe ........................... 51 4.3 Testing.................................................................. 52 4.4 Fiberglass Control Dampers ......................................... 52 4.5 Installing Fiberglass Dampers ....................................... 53 SECTION 5-STAINLESS STEEL DOORS, FRAMES, AND HARDWARE 5.0 General.................................................................. 53 5.1 Frames.................................................................. 54 5.2 Doors.................................................................... 55 4 5.3 Service Door ... ....................... 57 5.4 Hardware............................................................... 58 SECTION 6-ALUMINUM ASSEMBLIES 6.0 General.................................................................: 59 6.1 Materials............................................................... 59 6.2 Frames................................................................... 59 6.3 Glazing Provisions.................................................... 60 Installation............................................................. 60 SECTION 7-GLASS AND GLAZING 7.0 General.................................................................. 60 7.1 Materials............................................................... 61 7.2 Glazing Schedule...................................................... 61 7.3 Glazing .................... SECTION &MECHANICAL 8.0 General............................................................... 62 8.1 Design ............... 8.2 Materials................................................................ 64 8.3 Installation of Mechanical Equipment .............................. 66 5 CITY OF LUBBOCK, TEXAS WATER UTILITIES DEPARTMENT STANDARD BUILDING SPECIFICATIONS SECTION 1-GENERAL SPECIFICATIONS The City of Lubbock Water Utilities Southeast Water Reclamation Plant Chlorine Storage Facility needs to be enclosed for the safety of its employees and the citizens of Lubbock. This project covers the addition of CMU curtain walls between the existing columns to enclose the existing structure, installation of new fiberglass ducting, dampers, and minor changes to the existing ducting system. The plans and specifications herein included are intended to describe a completed work to be performed under the contract. Unless otherwise provided, the Contractor shall furnish all materials, supplies, tools, equipment and labor necessary for the proper execution and. completion of the work. 1.1 GENERAL The following paragraphs give the specifications on the various materials, which are to be used in this project. On minor items a certificate from the manufacturer may be required, certifying that the material or equipment meets the specifications for such material as specified herein. All materials shall be subject to the approval of the Chief Engineer of Water Utilities before being used. All references in these specifications to American Society for Testing and Materials (ASTM) designations shall be the latest revisions. 1.2 APPROVED CONSTRUCTION PLANS Construction shall be done in accordance with the construction plans provided for this project, engineered and prepared under the direction of the City of Lubbock Water Utilities Engineering Department. 1.3 MEASUREMENT AND PAYMENT Payment shall be for the entire structure and include all labor, materials, and cleanup required by the specifications and as shown on the plans. 1.4 SUBMITTALS FOR REVIEW PROCEDURES: Transmit each submittal to Project Engineer: Chester "Ches" Carthel, P.E. Chief Engineer Water Utilities Engineering City of Lubbock P.O. Box 2000 1625 - 13th Street Lubbock, TX 79457 Transmit three (3) copies of each manufacturer's descriptive data information for all products required for the completion of the contract unless otherwise specified in the individual sections. . Indicate conditions requiring special attention and special environmental criteria required for application. Submit test reports showing compliance with specified quality and gradation of aggregates Submit shop drawings for fabrication and placement of the reinforcement to comply with ACI SP-66. These drawings must include bar schedules, diagrams of bent bars, arrangement of concrete reinforcement, splices, and show stirrup spacing. Proposed concrete mix design along with the independent laboratory test reports for all testing specified and affidavits certifying that all materials furnished under this section conform to specification must be submitted. The contractor must submit protective measures for placing concrete in both hot weather and cold weather. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. Schedule submittals to expedite the Project, and deliver to Owner's Representative at business address. Coordinate submission of related items. For each submittal for review, allow ten (10) days excluding delivery time to and from the Owner's Representative. Identify variations from Contract Documents and Product or system limitations, which may be detrimental to successful performance of the completed Work. When revised for resubmission, identify all changes made since previous submission. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. Submittals not requested will not be recognized or processed. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. CONSTRUCTION PROGRESS SCHEDULES: Submit initial schedule in duplicate within five 5days after date of Notice to Proceed. Revise and resubmit as required. Submit revised schedules with each Application for Payment, identifying changes since previous version. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. CONTRACTOR'S FIELD REPORTS: Maintain and submit daily logs for this project unng the application -of payment an upon request from the Owner's Representative. Retain copies of delivery tickets and submit upon request complying with ASTM C 94 for each load of concrete delivered to site. The contractor must have available the method by which proportions have been selected, Indicate the quantity of each ingredient per cubic yard of concrete, and the type and quantity of admixtures proposed or required. Certification must be provided from manufacturers of concrete admixtures that chloride content complies with specified requirements. 1.5 QUALIFICATIONS MANUFACTURERS: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. CONTRACTOR: The contractor must also have a minimum of three years experience installing the products herein specified. References should be available upon request. 1.6 CONTRACT CONDITIONS When portions of the work are required by the contract documents or by governing authorities to be tested, inspected, or approved, such tests, inspections, and approvals shall be made at the appropriate time. Unless otherwise indicated, an independent testing agency, the appropriate public authority, or other entity acceptable to the owner shall make all tests, inspections, and approvals. Unless otherwise specified, the contractor shall arrange for all tests, inspections, and approvals to be made and shall pay costs of all tests, inspections, and approvals related costs due to such tests, inspections, and approvals. The contractor shall notify the architect of the time and place where tests and inspections are to be made so the architect may have adequate time to arrange to observe such procedures. If the contract documents require that the architect observe tests, inspections, or approvals, the architect will do so at no additional cost to the contractor, provided such tests, inspections, or approvals are to be conducted at the project site. When witnessing of such tests and inspections by the architect at locations other than the project site is specified; the contractor shall bear all costs relating to the architect's travel to the testing or inspection location. The owner shall pay for tests, inspections, and approvals that become requirements after bids are received or negotiations concluded, unless noted otherwise. If the architect gives the contractor written instruction to perform additional testing or inspection not already included in the contract documents, the contractor shall arrange for such additional testing or inspection. The owner shall pay for such tests and inspections except as provided in the following paragraphs. If such additional procedures show that portions of the work do not comply with the contract documents, the contractor shall arrange for such additional testing or inspection. The owner shall pay for such tests and inspections except as provided in the following paragraphs. Unless otherwise indicated, the contractor shall obtain all certificates of testing, inspection, and approval and shall promptly deliver them to the architect. Independent testing agencies, whether employed by the owner or the contractor, may not change the requirements of the contract documents and may not approve any portion of the work. Employment of testing agencies, by the contractor or the owner, shall not relieve the contractor of his obligation to perform the work in accordance with the contract documents. 9 1.7 ACCEPTABLE MANUFACTURERS CONCRETE MASONRY UNITS: 1. Featherlite Block Co. PORTLAND CEMENT, MORTAR CEMENT, MASONRY CEMENT, AND LIME: 1. Essroc Materials, Inc. 2. Glen-Gery Corporation. 3. Lafarge Corporation. 4. Lehigh Portland Cement Co. 5. Riverton Corporation (The). MORTAR PIGMENTS: 1. Davis Colors. 2. Lafarge Corporation. 3. Solomon Grind -Chem Services, Inc. JOINT REINFORCEMENT, TIES, AND ANCHORS: 1. Dur-O-Wal, Inc. 2. Heckman Building Products, Inc. 3. Hohmann & Barnard, Inc. 4. Masonry Reinforcing Corp. of America. 5. National Wire Products Industries. 6. Southern Construction Products. WATER REPELLENT ADMIXTURES: 1. W.R. Grace & Co. INTEGRAL CMU WATER REPELLENT 1. W.R. Grace & Co. INSULATION INSERTS: 1. Korfil COLD -WEATHER ADMIXTURE: 1. Euclid Chemical Co. 1.8 PRODUCT OPTIONS It is the contractor's responsibility to select products which comply with the contract documents and which are compatible with one another, with existing work, and with products selected by other contractors. Verify that electrical characteristics of products are compatible with electrical systems; notify architect of all discrepancies. 10 Do not use any substitute products which have not been approved in accordance with the requirements of the contract documents; formal substitution request is required. Where the specification is silent on whether substitutions will be considered, substitutions will not be considered. DEFINITION OF SUBSTITUTE PRODUCT: Any product which does not meet the requirements of the contract documents, whether in product characteristics, performance quality, or manufacturer or brand names, is considered a substitute. PRODUCT OPINIONS: Where products are specified using more than on method, such as description with a manufacturer list, use a product meeting the requirements of both specification methods. PRODUCTS SPECIFIED BY REFERENCE STANDARD: Use any product meeting the specification. Provisions of reference standards shall not modify the responsibilities of the owner or architect as defined in the contract documents. PRODUCTS SPECIFIED BY REFERENCE STANDARD: Use any product meeting the specification. Provisions of reference standards shall not modify the responsibilities of the owner or architect as defined in the contract documents. PRODUCTS SPECIFIED BY PERFORMANCE REQUIREMENTS: Use any product meeting the specification. Product Specified by Listing Manufacturer(s) Accompanied by Language Indicating that Substitutions Are Not Allowed: Provide a product meeting the specification and made by one of the manufacturers listed. PRODUCTS SPECIFIED BY LISTING MANUFACTURER (S) ACCOMPANIED BY LANGUAGE SPECIFICALLY INDICATING THAT SUBSTITUTIONS ARE ALLOWED: Provide a product meeting the specification; submit substitution request for any manufacturer not listed. LANGUAGE INDICATING THAT SUBSTITUTIONS ARE NOT ALLOWED INCLUDES: 1. "Provide one of the following products. " 2. "Provide products made by one of the manufacturers listed. " 3. "Provide products complying with the contract documents and made by one of the following. " 4. "No substitutions. " 5. "Other similar language. " 11 LANGUAGE INDICATING THAT SUBSTITUTIONS ARE ALLOWED INCLUDES: 1. Substitutions will be considered. 2. "... will be among those considered acceptable. " 3. "or approved equal." 4. Or other use of similar language. 1.9 SUBSTITUTIONS AFTER AWARD OF THE CONTRACT The contractor will be notified in writing within a reasonable time; verbal acceptance will not be valid. Acceptable substitutions will be added to the contract documents by appropriate notification. 1.10 SUBSTITUTION PROCEDURE Submission of request for substitution shall constitute a representation that the entity making the request: Has investigated the proposed product and determined that it is equal to or better than the specified product. Absence of an explicit comparison of any characteristic of the proposed product to the specified product shall constitute a representation that the proposed product is equal to or better than the specified product with regard to that characteristic. Will provide the same warranty for the proposed product as for the specified product. Will coordinate the installation and make other changes which may be required for the work to be complete in all respects, including redesign and additional components and capacity required by other work affected by the change. Waives all claims for additional costs and time extensions which subsequently may become apparent and which are caused by the change. Will reimburse the owner for additional costs for evaluation of the substitution request redesign if required, and reapproval by authorities having jurisdiction if required. Substitutions will not be considered when acceptance would require substantial revision of the contract documents. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request. Substitution requests will not be considered when submitted directly by subcontractor or supplier. 12 SUBSTITUTION REQUEST PROCEDURE: Submit written request with complete data substantiating compliance of the proposed product with the requirements of the contract documents. 1. Submit request at least 21 days prior to the date when the specified product needs to be ordered. 2. Submit request to the owner. 3. Submit 5 copies of each request and accompanying data. 4. Submit all requests on a standard form. 5. Only one request for substitutions will be considered for each product. DATA REQUIRED WITH SUBSTITUTION REQUEST: Provide at least the following data: 1. Identify product by specification section and paragraph number. 2. Manufacturer's name and address, trade name and model number of product - (if applicable), and name of fabricator or supplier (if applicable). 3. Complete product data. 4. A list of other projects on which the proposed product has been used, with project name, the design professional's name, and owner contact. 5. An itemized comparison of the proposed product to the specified product. 6. Net amount of change to the contract sum. 7. List of maintenance services and replacement materials available. 8. Statement of the effect of the substitution on the construction schedule. 9. Description of changes that will be required in other work or products if the substitute product is approved. The owner will determine acceptability of the proposed substitution. When the proposed substitution is not accepted, provide the product (or one of the products, as the case may be) specified. 1.11 SCHEDULE OF PRODUCTS Prepare a complete schedule of major products used, including the following for each product: 1. Manufacturer's name. 2. Brand or trade name. 3. Model number, if applicable. 4. Reference standard, if more than one is applicable. 5. Arrange products in the schedule by specification sections; indicate paragraph where specified. Prepare and submit a preliminary schedule within 30 days after award of contract; resubmit when revised; submit final schedule prior to final payment. 13 Schedule of products shall not be used to obtain approval of substitute products; make separate request for substitution. 1.12 DELIVERY, STORAGE, AND HANDLING Materials of each type must be obtained from same source for the entire project. Require supplier to package finished products in a manner which will protect form damage during shipping, handling, and storage. Transport products by methods, which avoid damage. Deliver in dry, undamaged condition in manufacturer's unopened packaging. Provide equipment and personnel adequate to handle products by methods, which prevent damage. Provide additional protection during handling where necessary to prevent damage to products and packaging. Lift large and heavy components at designated lift points only. DELIVERY AND RECEIVING: Arrange deliveries of products to allow time for inspection prior to installation. Coordinate delivery to avoid conflict with the work and to take into account both the conditions at the site and the availability of personnel, handling equipment, and storage space. Clearly mark partial deliveries to identify contents, to permit easy accumulation of entire delivery, and to facilitate assembly. Promptly inspect shipments and remedy any damage, incorrect quantity, incompleteness, improper of illegible labeling, and noncompliance with requirements of contract documents and approved submittals. Reinforcement material must be delivered to project site bundled and tagged with metal tags indicating bar size, lengths, and other data corresponding to information shown on placement drawings. ALLOWABLE STORAGE AREAS: No indoor storage areas are available on site. No off -site storage will be approved. GENERAL STORAGE PROCEDURES: Store products immediately on delivery. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store in a manner to prevent damage to the stored products and to the work. Store moisture -sensitive products in weather tight enclosures. Store unpacked and loose products on shelves, in bins, or in neat groups of like items. Arrange storage to provide access for inspection and inventory. Periodically inspect and remedy damage and noncompliance with required conditions. 14 LOOSE GRANULAR MATERIALS: Store on solid surfaces in well -drained area; prevent mixing with foreign materials. EXTERIOR STORAGE: Cover products subject to we damage with impervious sheet covering; provide ventilation to avoid condensation. Provide surface drainage to prevent runoff or ponded water from damaging stored products. Prevent damage and contamination from refuse and chemically injurious materials and liquids. Store fabricated products on substantial platforms, blocking, or skids above the ground, sloped to drain. Reinforcement materials must be stored at the site to prevent damage and accumulation of dirt or rust. Maintain packaged materials clean, dry, and protected against dampness, freezing, and foreign matter. 1.13 ENVIRONMENTAL REQUIREMENTS MASONRY: Cold Weather Requires that you maintain materials and surrounding air temperature to minimum 40 degrees F prior to, during, and 48 hours after completion of masonry work. Hot Weather Requires that you maintain materials and surrounding air temperature to maximum 90 degrees F prior to, during, and 48 hours after completion of masonry work. CONCRETE: The contractor must comply fully with the recommendations of ACI 306. Well in advance of a pouring concrete in cold -weather advise the engineer of planned protective measures including but not limited to heating of materials, heated enclosures, and insulating blankets. The contractor must comply fully with the recommendations of ACI 305R. Well in advance of pouring concrete in hot -weather advise the engineer of planned protective measures including but not limited to cooling of materials before or during mixing, placement during evening to dawn hours, fogging during finishing and curing, shading, and windbreaks. 1.14 CONSTRUCTION SCHEDULE The contractor shall be completed with all phases of the contract within sixty (60) calendar days. Each bidder shall submit a Construction Schedule indicating the sequence of all the construction activities to be performed. Upon award of the contract, the Construction Schedule will become part of the Contract Documents. 15 1.15 NOTICE TO PROCEED The contractor is issued a Notice to Proceed following approval of Council and execution of Contract Documents. The Water Utilities Department shall be notified 48 hours before the planned construction is to commence and also before starting up when construction is interrupted for any reason 1.16 QUALITY ASSURANCE All work performed shall be done in accordance with standard building practices. All references to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated. CODESAND STANDARDS: Comply with the following documents, except where requirements of the contract documents or of governing codes and governing authorities are more stringent: I. ACI 301. 2. ACI 318. 3. CRSI Manual of Standard Practice. TESTING AGENCY SERVICES: Employ, at contractor's expense, an independent testing agency acceptable to the architect to perform specified tests and other services required for quality assurance. Testing agency shall meet ASTM E 329 requirements. SOURCE OF MATERIALS: Obtain materials of each type from same source for the entire project. 1.17 REGULATORY REQUIREMENTS Submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the owner directly. 1.18 ACCESS TO THE SITE AND USE OF THE PREMISES The space available to the contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area within the legal description of the site unless the contractor makes arrangements to use additional space. Provide signs adequate to direct visitors. Do not install, or allow to be installed, signs other than specified sign(s) and signs identifying the principal entities involved in the project. 16 1.19 SECURITY PROCEDURES Limit access to the site to persons involved in the work. Provide secure storage for materials for which the owner has made payment and which are stored on site. Secure completed work as required to prevent loss. Secure this site by means of fencing, security guards or other means to prevent damage, theft, safety hazards or other problems on site. 1.20 CONSTRUCTION OF FACILITIES AND TEMPORARY CONTROLS TEMPORARY ELECTRICITY: The contractor may connect to Owner's existing power service. Do not disrupt Owner's use of service. Owner will pay cost of energy used. Exercise measures to conserve energy. Provide temporary electric feeder from existing electrical service at the site. Do not disrupt Owner's use of service. Complement existing power service capacity and characteristics as required. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. Provide main service disconnect and over -current protection at convenient location. Permanent convenience receptacles may not be utilized during construction. Provide adequate distribution equipment, wiring, and outlets to provide single-phase branch circuits for power and lighting. TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES: Provide and maintain sufficient lighting to meet the work needed. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. Maintain lighting and provide routine repairs. Permanent building lighting may not be utilized during construction. TELEPHONE SERVICE: Provide, maintain, and pay for telephone service to held office at time of project mo i ization. 17 TEMPORARY SANITARY FACILITIES: Provide and maintain required facilities and enclosures. Do not discharge into a ity sanitary sewer system. Contractor to provide and maintain required facilities and enclosures. BARRIERS: Provide barriers to prevent unauthorized entry to construction areas. REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS: Remove temporary utilities, equipment, facilities, and materials, prior to Substand Completion inspection. Clean and repair damage caused by installation or use of temporary work. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. 1.21 PROJECT CONDITIONS TAKE PRECAUTIONS TO PREVENT FIRES AND TO FACILITATE FIRE- FIGHTING OPERATIONS: Keep flammable materials in non-combustible containers; store away from potential fire sources; remove flammable waste regularly. Keep temporary and permanent fire fighting facilities readily accessible; keep fire fighting routes open. Do not allow smoking in areas where highly combustible or explosive materials are present. Carefully supervise the operation of potential fire sources, including heating units. Conduct welding operations in manner to prevent fire; comply with local regulations. TAKE CARE TO PREVENT POLLUTANTS OF AIR, WATER, AND SOIL: Comply with environmental protection regulations. Limit effluent and rainwater runoff into waterways as required by regulations. Do not dump contaminants in areas that will result in contamination of waterways. MINIMIZE DISCHARGE OF EFFLUENT AND RAINWATER RUNOFF INTO SEWERS: Control sediment discharge into sewers; filter out construction debris, soil, and contaminants. Comply with regulations and orders of public utilities regarding use of sewers. Where disposal of effluent of rainwater by means of sewers is not lawful or is not possible, provide alternative methods of disposal. Prevent erosion due to rainwater runoff. 18 Control windblown dust to prevent erosion to site and nuisance to neighbors. Prevent flooding or excavations, below -grade construction, and adjacent properties due to rainwater runoff. Provide temporary means of draining roofs where required. DO NOT USE TOOLS OR EQUIPMENT THAT PRODUCE HARMFUL LEVELS OF NOISE: Do not use noise -making tools or equipment between 7 pm and 8 am weekdays, 7 pm to 9 am Saturdays, and all day Sunday and major holidays unless approved by the Chief Engineer for Water Utilities. TAKE PRECAUTIONS TO HAZARDOUS AND UNSANITARY CONDITIONS: Keep the site and adjacent public ways free of hazardous and unsanitary conditions and public nuisances. Control rodents and other pests; prevent infestation of adjacent sites and buildings due to pests on this site. Keep public streets free of debris due to this work. 1.22 CONSTRUCTION STAKES It shall be the responsibility of the Contractor to construct the work to the position and elevations as set out on the plans and approved changes. The Owner's Representative will furnish the Contractor control points for determining lines and grades. From the control points established by the Owner's Representative, the Contractor shall establish and be responsible for the correctness of alignment, elevation and position of all construction required by the contract. The Contractor shall provide a qualified and experienced work force to perform this work. The Owner's Representative should be informed in advance of the time and place the contractor intends to work, in order that measurements may be made as necessary for the record and for determination of pay quantities. The Owner's Representative may, at his option, make spot or complete checks on all construction alignment and grades to determine the accuracy of the Contractor's survey work. These checks, however, will not relieve the Contractor of his responsibility of constructing the work to the positions and elevations as shown on the plans or approved changes. Computations, sketches and other drawings used in the design and layout of this project will be made available to the Contractor, but these items will not relieve the Contractor of his responsibility as set out above. The Contractor shall furnish, free of charge, all stakes and other materials necessary to preserve control points for alignment and grade 19 The Contractor will be held responsible for the preservation of all control points established by the Owner's Representative. If in the opinion of the Owner's Representative any of the stakes or bench marks have been carelessly or willfully destroyed or disturbed by the Contractor they shall be replaced by the Contractor. Or the cost of replacing them will be charged to the Contractor and deducted from the final payment for the work. No direct payment will be made for this work, but the cost of all labor, equipment and supplies necessary to perform the work shall be included in the contract unit prices bid for the various contract items. 1.23 BARRICADES AND SAFETY MEASURES The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the works as may be necessary. All safety measures shall meet the requirements of The Texas Manual on Uniform Traffic Control Devices. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the day the Contractor receives the City's certificate of acceptance of the project. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. Notify the owner before beginning work that involves hazardous operations, including use of explosives and the like. 1.24 UNDERGROUND AND OVERHEAD UTILITIES AND STRUCTURE The Contractor will be required to locate all utility lines, including customer service lines, far enough in advance of the trenching to make proper provisions for protecting the lines and to allow for any deviations that may be required from the established lines and grades. The Contractor will not be allowed to disrupt the service on any utility lines except customer service lines, which may be taken out of service for short period of time provided the Contractor obtains permission from the Engineer and from the owner of the premises being served by the utility. 20 The Contractor shall immediately notify the proper utility company of any damage to utility lines in order that service may be established with the least possible delay. Any damage to existing lines and the repair of customer lines which are authorized to be cut shall be at his own expense, and as directed by an official representative of the utility company involved. All utility lines shall be properly supported to prevent settlement or damage to the line both during and after construction. The cost of supporting utility lines shall be included in the unit price bid per foot of pipe. The proper utility company without expense shall do any permanent relocation of existing utility lines to the Contractor. Where pipes, conduits, or concrete curbs or gutters are encountered, the cost of tunneling shall be included as a part of the cost of the pipeline. 1.25 PROTECTION OF EXISTING UNDERGROUND UTILITIES The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined. If required, the Contractor shall excavate and locate existing underground utilities ahead of trench excavation in order that necessity for grade changes may be ascertained in advance. The Contractor shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. Hand excavation shall be used where necessary. The Contractor shall notify local utilities whenever working near gas mains or services or near electrical or. telephone cables or when the presence of these utilities is suspected in the area of construction. 1.26 GENERAL EXAMINATION REQUIREMENTS Prior to performing work, examine the applicable substrates and the conditions under which the work is to be performed. If unsafe or otherwise unsatisfactory conditions are encountered, take corrective action before proceeding. Conditions that could have been discovered by examination will not be allowed as cause for claims for extra work. 1. In particular, verify the following: a. Underground utilities. b. Other underground construction. C. Location and invert elevation of points of connection to piped utilities. Verify that utility requirements of operating equipment are compatible with building utilities. 21 Verify space requirements of items that are shown diagrammatically on the drawings. 1.27 GENERAL PREPARATION REQUIREMENTS Take field measurements as required to fit the work properly. Recheck measurements prior to installing each product. 1.28 INSPECTION All work shall be inspected by a representative of the Water Utilities Department who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or approved plans. Whenever any portion of these specifications is violated, the Chief Engineer of Water Utilities, by written notice, may order that portion of construction which is in violation of these specifications or other approved plans, specifications and material to cease until such violation is corrected. A copy of the order shall be filed with the Contractor's license application for future review. If deficiencies are not corrected, performance shall be required of the Contractor's Surety. 1.29 CLEARING AND GRUBBING "Clearing and Grubbing" shall consist of the removal and disposal of trees, stumps, brush, roots, vegetation, logs, rubbish and other objectionable matter. It shall also include the removal of existing fences from within the working area. Areas required for embankment construction; for roadway, channel and structural excavation; and for borrow sites and material sources shall be cleared and grubbed. On areas required for roadway, channel, or structural excavation, all stumps, roots, etc., (except for designated trees and brush) shall be removed to a depth of at least 2 feet below the lower elevation of the excavation. On areas required for embankment construction, all stumps, roots, etc., (except for designated trees and brush) shall be removed to a depth of at least 2 feet below the existing ground surface. All holes remaining after clearing and grubbing shall be backfilled and compacted to density of adjacent undisturbed soil. The entire area shall be bladed to prevent ponding of water and to provide drainage, except, in areas to be immediately excavated, the Owner's Representative may direct that the holes not be backfield. When permitted by the plans, trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least three feet of embankment. On areas required for borrow sites and material sources, stumps, roots, etc., (except for designated trees and shrubs) shall be removed to the complete extent necessary to prevent such objectionable matter becoming mixed with the material to be used in construction. All cleared and grubbed material shall be disposed of in a manner satisfactory to the Owner's Representative. Unless otherwise provided, all merchantable timber removed as required above shall become the property of the Contractor. 22 1.30 DEWATERING Do not allow surface or ground water to flow into or accumulate in excavations. Do not allow water to flow in an uncontrolled fashion across the project site or to erode slopes or to undermine foundations. Do not allow water to be diverted onto adjacent properties. Arrange excavation operations so as to provide continual and effective drainage of excavations. Provide and maintain temporary diversion ditches, dikes, and grading as necessary; do not use trench excavations for this purpose. When required by surface or subsurface water conditions, provide sumps, well points, French drains, pumps, and other control measures necessary to keep excavations free of water. When existence of ground water near or above final excavation level is indicated or suspected, provide control measures prior to excavating to water level and maintain water level continuously below working level. 1.31 EXCAVATION GENERAL: Excavation includes the removal of any materials necessary to achieve the required subgrade elevations and includes reuse or disposal of such materials. UNNECESSARY EXCAVATION: The expense of excavation of materials outside of limits indicated or ordered in writing by the architect and the correction thereof to the satisfaction of the architect shall be borne by the contractor. Correction shall be done by one of these approved methods: Deepen footings to bear on actual subgrade elevation without changing top elevations. Place concrete fill up to required elevation, as required by the engineer. Place compacted fill or otherwise correct conditions, as required by the engineer. APPROVAL OF SUBGRADE: Notify the architect when required elevations have been reached. When required by the architect due to the unforeseen presence of unsatisfactory materials or other factors, perform additional excavation and replace with approved compacted fill material in accordance with the engineer's instructions. Payment for unforeseen additional work will be made in accordance with established unit prices or, if none, in accordance with provisions for changes in work. No payment will 23 be made for correction of subgrade improperly protected against damage from freeze - thaw or accumulation of water, or for correction of otherwise defective subgrade. EXCAVATION STABILIZATION: Slope faces of excavation wherever it is possible in compliance with required governing authorities to achieve stabilization. Otherwise,_ provide shoring and bracing. Design, provide, maintain, and remove shoring and bracing in compliance with requirements of governing authorities. Remove temporary shoring and bracing when stabilization is no longer required. EXCAVATION FOR STRUCTURES: Excavate beyond footings and foundations so as to allow proper construction and inspection of concrete formwork and other materials. Excavate to the required elevation. Tolerance: Plus or minus 0.10 foot. EXCAVATION FOR FOOTINGS AND FOUNDATIONS: Delay excavation to final grade and final compaction until just before concrete will be placed. Remove any loose or sloughed material and adjust excavations to conform to required lines, grades, and tolerances and to form a suitable bearing surface. Do not disturb bottom of completed excavations. EXCAVATION FOR TRENCHES: Unless otherwise required, begin trenching, utility installation, and backfilling at lowest portion of utility line, working toward highest portion of line. Required trench width: Excavate accurately to provide not less than 6 nor more than 9 inches of clearance on each side of pipes and conduits, unless otherwise indicated. Where indicated trench widths are exceeded, redesign, stronger pipe, or the engineer at no additional cost to the owner may require special installation procedures. Unless otherwise indicated, trench walls for piping shall be vertical from trench bottom to one foot above top of pipe or to top elevation of initial backfill, whichever is higher. Excavate trenches to the depths necessary to achieve required flow lines and invert elevations and to prevent depths indicated. 24 TRENCH BOTTOMS: Unless otherwise indicated, excavate and shape trench bottoms as follows: Support pipes and conduit up to 5-inch diameter on smooth, accurately graded subgrade. Shape surface by hand to provide continuous support on undisturbed soil for bell and body of pipe and joints, fittings, and body of conduit. Support 6-inch pipes and conduit on 4 inches of approved subbase material. PIace and carefully compact additional layer of subbase material of depth required to support pipe haunches. Shape surface to provide continuous support for bell and body of pipe and joints, fittings, and body of conduit. EXCAVATION FOR WALKS AND PAVEMENTS: Excavate surfaces under walks and pavements to indicated cross -sections, elevations and grades. 1.32 GENERAL INSTALLATION PROCEDURES Accurately locate the work and components of the work; make vertical work plumb; make horizontal work level. See sections describing specific parts of the work for additional requirements. Where space is limited, install components to maximize space available for maintenance and to maximize ease of removal for replacement. In finished areas, conceal pipes, ducts, and wiring within the construction, unless otherwise indicated. Coordinate exact locations of fixtures and outlets with finish elements. Install work in such manner and sequence as to preclude, if possible, or at Ieast to minimize cutting and patching. Conduct construction operations so that no part of the work is subjected to damaging operations or influences that are in excess of those to be expected during normal occupancy conditions. Conduct construction operations so that waste of power, water, and fuel is avoided. Provide temporary supports as required to prevent movement and structural failure. Install products only during environmental conditions that will ensure the best possible results. 25 j, -17 1.33 PROCEDURES FOR CORRECTION OF WORK When it is necessary to deviate from the contract documents in order to accomplish corrective action the contractor must submit a field correction request. Restore permanent facilities used during construction to specified condition. THE FOLLOWING MUST BE REPLACED (REPAIR IS NOT ACCEPTABLE): Damaged surfaces exposed to view that cannot be repaired without visible evidence of repair. Components that cannot be repaired to proper operating condition. Chipped and broken glass. Scratched transparent materials.. Scratched reflective surfaces. REPAIR OR REPLACE: Components which do not operate properly. Surfaces exposed to view that cannot be cleaned to original condition. Permanent facilities used during construction. Other deflective work. ACCEPTABLE REPAIR METHODS: Replacing parts. Refinishing. Touching up with matching materials. Proper adjustment of equipment. 1.34 CLEANUP The Contractor will be required to clean up the site within three days after completion of any Sub -Unit of the construction. This will include removing all rubbish and temporary structures from the construction site. All property, both public and private, damaged during construction shall be restored, and leaving the work site in a neat and presentable condition. The cost of the "cleanup" shall be included as a part of the total cost of the 26 project. This work must be done before final acceptance of the Sub -Unit wiII be considered. KEEP THE SITE AND THE WORK FREE OF WASTE MATERIALS AND DEBRIS: Remove debris from concealed spaces to enclosing the space. Remove waste from site frequently enough to prevent significant accumulations of debris. When temperature exceeds or is expected to exceed 80 degrees F, remove waste at frequency necessary to prevent development of health hazards and nuisance odors. Keep hazardous and unsanitary materials in containers separate from other waste. CLEAN AREAS IN WHICH WORK IS TO BE DONE TO LEVEL OF CLEANLINESS NECESSARY FOR PROPER EXECUTION OF THAT WORK: Where dust would impair execution of work, broom- and vacuum -clean the entire interior area and keep clean. KEEP INSTALLED WORK CLEAN, AND CLEAN AGAIN WHEN SOILED BY OTHER OPERATIONS: Provide periodic cleaning as required to prevent damage due to soiling. Remove liquid spills promptly. PROTECT INSTALLED WORK FROM SOILING AND DAMAGE: Provide protective coverings as required. Provide protective coverings for work that may be damaged by subsequent operations. Where heavy abuse is expected, use minimum of plywood for protection. Maintain protective coverings until substantial completion. DISPOSE OF DEBRIS IN A LAWFUL MANNER: Do not burn or bury debris on the site. Do not dispose of volatile wastes in storm or sanitary drains. 27 1.35 SUBMITTALS FOR CLOSE-OUT After the final inspection and clean up and before final payment the contractor shall submit to the owner a signed affidavit stating all material suppliers and all other subcontractors have been paid in full. 1.36 WARRANTY AND ACCEPTANCE At the completion of all or designated portions of work under construction, an inspection shall be made to determine compliance with these specifications or approved plans. Upon such determination, a certificate of compliance shall be issued. The letter of acceptance shall constitute the initiation of the warrantee period. The Contractor shall warrant the accepted work to be free of defects in workmanship or material defects for a period of one year. The determination of the necessity during the warranty period for the Contractor to repair or replace the work in whole or in part shall rest entirely with the Chief Engineer of Water Utilities. 1.37 ABBREVIATIONS Abbreviations used in the Contract Documents are defined as follows: AASHTO American Association of State Highway and Transportation Officials M AC International Masonry Industry All -Weather Council CRSI-MSP Concrete Reinforcing Steel Institute, Manual of Standard Practice NBS National Bureau of Standards ACI American Concrete Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Material TxDOT Texas Department of Transportation OSHA Occupational Safety and Health Act 28 1.38 DEFINITIONS FURNISH: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. INSTALL: To put products in place in the work ready for the intended use, including unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. PROVIDE: To furnish and install products. INDICATED: Shown, noted, scheduled, specified, or drawn, somewhere in the contract documents. UNEXPOSED FINISH: A general -use finish, with no appearance criteria, applicable to all formed concrete concealed from view after completion of construction. EXPOSED FINISH: A general -use finish applicable to all formed concrete exposed to view and including surfaces which may receive a paint coating (if any). CONCEALED SPACES: Spaces that are not accessible after completion of construction. CUTTING: Removal of material by cutting, sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation. DAMAGE: Any sort of deterioration whether due to weather, normal wear and tear, accident or abuse, resulting in soiling, marring, breakage, corrosion, rotting, or impairment of function. DEBRIS: Rubbish, waste materials, litter, volatile waste, and similar materials, with the exception of surplus materials which are to become the property of the owner. FIRE BARRIERS: Any wall, floor, ceiling, or roof that is indicated as having a fire resistance rating. PATCHING: Restoration to completed condition by patching, repairing, refinishing, finishing, filling, closing up, and similar operations. REPLACEMENT: Replace the entire element, surface, or product. SMOKE BARRIERS: Any wall, floor, ceiling, or roof which is indicated as being designed to prevent passage of smoke and gases; may be indicated as "smoke barrier, "smoke partitions, " "smoke wall," or similar designation. 29 SECTION 2 CAST -IN -PLACE CONCRETE 2.0 GENERAL The following paragraphs give the specifications on the various materials and construction methods, which are to be used in this project. 2.1 FORMWORK FACING MATERIALS: For unexposed finish concrete any standard form materials that produce structurally sound concrete may be used. For exposed finish concrete the materials selected should offer optimum smooth, stain - free final appearance and minimum number of joints. Provide materials with sufficient strength to resist hydrostatic head without bow or deflection in excess of allowable tolerances, and as follows: Overlaid plywood: PS-1 "B-B High Density Concrete Form Overlay," Class I. 2.2 FORMWORK ACCESSORIES FORM COATING: Form release agent that will not adversely affect concrete surfaces or prevent subsequent application of concrete coatings. METAL TIES: Commercially manufactured types; cone snap ties, taper removable bolt, or other type which will leave no metal closer than 1-1/2 inches from surface of concrete when forms are removed, leaving not more than a 1-inch-diameter hole in concrete surface. FILLETS: Wood or plastic fillets for chamfered corners, in maximum lengths possible. 2.3 REINFORCING MATERIALS REINFORCING BARS: Provide deformed bars complying with ASTM A 615, Grade 60, except where otherwise indicated. WELDED WIRE FABRIC: ASTM A 185, cold -drawn steel, plain. REINFORCING ACCESSORIES: Tie wires should be black annealed type, 16-1/2 gage or heavier. Bar supports must conform to specifications of CRSI "Manual of Standard Practice. Class 1 (plastic protected) at all formed surfaces which will be exposed to weather or Class 2 (stainless steel protected) at all formed surfaces which will be exposed to view but not to weather. Precast concrete blocks of strength equal to or greater than specified strength of concrete or Class 3 supports equipped with sand plates, where concrete will be cast against earth. Concrete masonry units will not be accepted. 30 2.4 CONCRETE MATERIALS Portland Cement shall be Type I and conform to ASTM C 150. Fly Ash, Type C or F should be used to conform to ASTM C 618. Potable Water Class 2M Aggregates should be used to conform to ASTM C 33 standards for Normal weight concrete The Maximum size of coarse aggregates in Normal weight concrete should be either, one - fifth narrowest dimension between sides of forms, three -fourths of minimum clear distance between reinforcing bars, or between bars and side of form or one-third of depth of the slab, whichever is least: The Maximum size of coarse aggregates for Columns and piers should be two-thirds of minimum clear distance between bars. Admixtures that produce more than 0.1 percent of soluble chloride ions by weight of cement are prohibited. Air -Entraining Admixture should conform to ASTM C 260 standards and certified by the manufacturer for compatibility with other mix components. Water -Reducing Admixture should conform to ASTM C 494, Type A. Water Reducing or Retarding Admixtures should conform to ASTM C 494, Type D. Water Reducing and Accelerating Admixtures should conform to ASTM C 494, Type E. High -Range Water -Reducing Admixture, Type F or G, (Superplasticizer) should conform to ASTM C 494, 2.5 MISCELLANEOUS MATERIALS AND ACCESSORIES VAPOR RETARDER: Membrane for installation beneath slabs on grade, resistant to decay when tested in accordance with ASTM E 154, sheet not less than 8 mils thick. NONSHRINK GROUT: ASTM C 1107, provide nonmetallic type only. 31 CHEMICAL HARDENER: Colorless, aqueous solution of fluosilicates and wetting agents for application to cured concrete for surface densification, where scheduled in the drawings. The following products, provided they comply with requirements of the contract documents, will be among those considered acceptable: "Lapidolith"; Sonneborn Building Products Division/ChemRex, Inc. BURLAP: AASHTO M 182, Class 2 jute or kenaf cloth. MOISTURE -RETAINING COVER: ASTM C 171 and as follow: 1. Curing paper. 2. Polyethylene film. 3. White burlap -polyethylene sheeting. LIQUID CURING COMPOUNDS: MANUFACTURERS: Products of the following manufacturers, provided they comply with requirements of the contract documents, will be among those considered acceptable: Sonneborn Building Products Division/ChemRex, Inc. CURING AND SEALING COMPOUND: Where indicated, provide curing and sealing formulation with long-lasting finish that is resistant to chemicals, oil, grease, deicing salts, abrasion, and compatible to chemical hardener to be applied. The curing compound must comply with ASTM C 309, Type 1. It must me a non -yellowing formulation where subject to ultraviolet light. Where compounds are proposed for use on surfaces to which finishes, coatings, or coverings subsequently will be applied, the compound shall possess demonstrated compatibility with the finish, coating, or covering, and shall be -subject to approval of the Chief Engineer for Water Utilities. SOLVENTS: Provide water -based products. BONDING COMPOUND: Non-redispersable acrylic bonding admixture, ASTM C 1059, Type H. EPDXY BONDING SYSTEMS: Use an epoxy bonding system that will meet required project conditions and match the type, grade, and class as set forth in ASTM C 881. EXPANSION JOINT FILLER: Nonextruding bituminous type, ASTM D 1751. 2.6 CONCRETE AHX DESIGN REVIEW: Do not begin concrete operations until the Chief Engineer of Water Utilities has reviewed proposed mix. PROPORTIONING OF NORMAL WEIGHT CONCRETE: Comply with recommendations of ACI 211.1. 32 REQUIRED AVERAGE STRENGTH: Establish the required average strength f (cr) of the design mix on the basis of either field experience or trial mixtures as specified in ACI 301, and proportion mixes accordingly. If trial mixture method is used, employ an independent testing agency acceptable to the architect for preparing and reporting proposed mix design. - SPECIFIED COMPRESSIVE STRENGTH F'(C) AT 28 DAYS: 3000 psi. FLY ASH: The contractor may elect to replace a portion of the portland cement with fly ash up to a maximum percentage by weight of cement plus fly ash of 20 DO NOT USE ADMIXTURES NOT SPECIFIED OR APPROVED. AIR -ENTRAINING ADMIXTURE: Use in mixes for exterior exposed concrete unless otherwise specifically indicated. Add at rate to achieve total air content in accordance with Table 1.4.3 of ACI 201.2. For concrete not exposed to exterior, add at rate to achieve total air content between 2 percent and 4 percent. Do not use in slabs -on -grade scheduled to receive topping, unless manufacturer of topping recommends use over air - entrained concrete. WATER -REDUCING ADMIXTURE: Add as required for placement and workability. WATER -REDUCING AND RETARDING ADMIXTURE: Add as required in concrete mixes to be placed at ambient temperatures above 90 degrees F. WATER -REDUCING AND ACCELERATING ADMIXTURE: Add as required in concrete mixes to be placed at ambient temperatures below 50 degrees F. HIGH -RANGE WATER -REDUCING ADMIXTURE (SUPERPLASTICIZER): Add as required for placement and workability. MIX ADJUSTMENTS: Provided that no additional expense to owner is involved, contractor may submit for architect's approval requests for adjustment to approved concrete mixes when circumstances such as changed project conditions, weather, or unfavorable test results occur. Include laboratory test data substantiating specified properties with mix adjustment requests. 2.7 CONTROL OF MIX IN THE FIELD DO NOT USE BATCHES THAT EXCEED TOLERANCES SLUMP: A tolerance of up to 1 inch above approved design mix slump will be permitted for 1 batch in 5 consecutive batches tested. Concrete of lower slump than that specified may be used, provided proper placing and consolidation is obtained. 33 TOTAL AIR CONTENT: A tolerance of plus or minus 1-1/2 percent of approved design mix air content will be allowed for field measurements. 2.8 CONCRETE MIXING At ambient temperatures of 85 to 90 degrees F, reduce mixing and delivery time to 75 minutes. At ambient temperatures above 90 degrees F, reduce mixing and delivery time to 60 minutes. TRANSIT MIXERS: Mix concrete materials in transit mixers, complying with requirements of ASTM C 94. 2.9 CONCRETE FORM PREPARATION GENERAL: Comply with requirements of ACI 301 for formwork, and as herein specified. The contractor is responsible for design, engineering, and construction of formwork, and for its timely removal. EARTH FORMS: Hand -trim bottoms and sides of earth forms to profiles indicated on the drawings. Remove loose dirt before placing concrete. DESIGN: Design and fabricate forms for easy removal, without impact, shock, or damage to concrete surfaces or other portions of the work. Design to support all applied loads until concrete is adequately cured, within allowable tolerances and deflection limits. CONSTRUCTION: Construct and brace formwork to accurately achieve end results required by contract documents, with all elements properly located and free of distortion. Provide for necessary openings, inserts, anchors, and other features shown or otherwise required. JOINTS: Minimize forms and make watertight to prevent leakage of concrete. Align all joints symmetrically at exposed conditions. CHAMFERS: Provide chamfered edges and corners at exposed locations, unless specifically indicated otherwise on the drawings. PERMANENT OPENINGS: Provide openings to accommodate work of other trades, sized and located accurately. Securely support items built into forms; provide additional bracing at openings and discontinuities in formwork. TEMPORARY OPENINGS: Provide temporary openings for cleaning and inspection in most inconspicuous locations at base of forms, closed with tight -fitting panels designed to minimize appearance of joints in finished concrete work. 34 TOLERANCES FOR FORMED SURFACES: Comply with minimum tolerances established in ACI 117, unless more stringent requirements are indicated on the drawings. RELEASE AGENT: Provide either form materials with a factory -applied non -absorptive liner or field -applied form coating. If field -applied coating is employed, thoroughly clean and reconditions formwork and reapply coating before each use. Rust on form surfaces is unacceptable. 2.10 VAPOR RETARDER INSTALLATION Place vapor retarder sheet over prepared base material, aligning longer dimension parallel to direction of pour and lapped 6 inches. Seal joints with appropriate tape. Cover with sand to depth shown on drawings. 2.11 PLACING REINFORCEMENT GENERAL: Comply with requirements of ACI 301 and as herein specified. PREPARATION: Clean reinforcement of loose rust and mill scale, soil, and other materials that adversely affect bond with concrete. PLACEMENT: Place reinforcement to achieve not less than minimum concrete coverage required for protection. Accurately position, support, and secure reinforcement against displacement. Provide Class C tension lap splices complying with ACI 318 unless otherwise indicated. Do not field -bend partially embedded bars unless otherwise indicated or approved. Use approved bar supports and tie wire, as required. Set wire ties to avoid contact with or penetration of exposed concrete surfaces. Tack welding of reinforcing is not permitted. WIRE FABRIC: Install in maximum lengths possible, lapping adjoining pieces not less than one full mesh. Offset end laps to prevent continuous laps in either direction, and splice laps with tie wire. WELDING: Welding of reinforcement is not permitted. 2.12 JOINT CONSTRUCTION Place new slab next to existing one and tie them together using dowels. The reinforcement must continue across and perpendicular to construction joints, unless details specifically indicate otherwise. 35 2.13 INSTALLATION OF EMBEDDED ITEMS Set anchorage devices and other items required for other work connected to or supported by cast -in -place concrete, using templates, setting drawings, and instructions from suppliers of items to be embedded. Set edge forms and intermediate screeds as necessary to achieve final elevations indicated for finished slab surfaces. 2.14 CONCRETE PLACEMENT PREPARATION: Provide materials necessary to ensure adequate protection of concrete during inclement weather before beginning installation of concrete. INSPECTION: Before beginning concrete placement, inspect formwork, reinforcing steel, and items to be embedded, verifying that all such work has been.completed. Moisten wood forms immediately before placing concrete in locations where form coatings are not used. GENERAL PLACEMENT: Comply with requirements of ACI 304. Schedule continuous placement of concrete to prevent the formation of cold joints. Provide construction joints if concrete for a particular element or component cannot be placed in a continuous operation. Deposit concrete as close as possible to its final location, to avoid segregation. PLACEMENT IN FORMS: Limit horizontal layers to depths that can be properly consolidated, but in no event greater than 24 inches. Consolidate concrete by means of mechanical vibrators, inserted vertically in freshly placed concrete in a systematic pattern at close intervals. Penetrate previously placed concrete to ensure that separate concrete layers are knitted together. Vibrate concrete sufficiently to achieve consistent consolidation without segregation of coarse aggregates. Do not use vibrators to move concrete laterally. SLAB PLACEMENT: Schedule continuous placement and consolidation of concrete within planned construction joints. Thoroughly consolidate concrete without displacing reinforcement or embedded items, using internal vibrators, vibrating screeds, roller pipe screeds, or other means acceptable to architect. Strike off and level concrete slab surfaces, using highway straightedges, darbies, or bull floats before bleed water can collect on surface. Do not work concrete further until finishing operations are commenced. COLD WEATHER PLACEMENT: Comply with recommendations of ACI 306 when air temperatures are expected to drop below 40 degrees F either during concrete placement operations or before concrete has cured. Do not use frozen or ice -laden materials. Do not place concrete on frozen substrates. 36 HOT WEATHER PLACEMENT: The contractor must comply with recommendations of ACI 305R when: Ambient temperature before, during, or after concrete placement is expected to exceed 90 degrees F. When combinations of high air temperature, low relative humidity, and wind speed are such that the rate of evaporation from freshly poured concrete would otherwise exceed 0.2 pounds per square foot per hour. Do not add water to approved concrete mixes under hot weather conditions. Provide mixing water at lowest feasible temperature, and provide adequate protection of poured concrete to reduce rate of evaporation. Use fog nozzle to cool formwork and reinforcing steel immediately prior to placing concrete. 2.15 FINISHING FORMED SURFACES GENERAL REPAIRS: Repair surface defects, including tie holes, immediately after removing formwork. Remove honeycombed areas and other defective concrete down to sound concrete, cutting perpendicular to surface or slightly undercutting. Dampen patch location and area immediately surrounding it prior to applying bonding compound or patching mortar. Before bonding compound has dried, apply patching mixture matching original concrete in materials and mix except for omission of coarse aggregate, and using a blend of white and normal portlandd-cement as necessary to achieve color match. Consolidate thoroughly and strike off slightly higher than surrounding surface. UNEXPOSED FORM FMSH: Repair tie holes and patch defective areas. Rub down or chip off fins or other raised areas exceeding 1/4-inch height. EXPOSED FORM FINISH: Repair and patch defective areas, with fins or other projections completely removed and smoothed. Smooth rubbed finish: Apply to surfaces indicated no later than 24 hours after form removal. Wet concrete surfaces to be finished and rub with Carborundum brick or other abrasive until uniform color and texture are achieved. Do not apply separate grout mixture. CONTIGUOUS UNFORMED SURFACES: Strike smooth and float to a similar texture tops of walls, horizontal offsets, and other unformed surfaces adjacent to or contiguous with formed surfaces. Continue final finish of formed surfaces across unformed surfaces, unless otherwise specifically indicated. 37 2.16 FINISHING SLABS GENERAL FINISHING OPERATIONS: Do not directly apply water to slab surface or dust with cement. Use hand or powered equipment only as recommended in ACI 302.1R. SCREEDING: Strikeoff to required grade and within surface tolerances indicated. Verify conformance to surface tolerances. Correct deficiencies while concrete is still plastic. BULL FLOATING: Immediately following screeding, bull float or Darby before bleed water appears to eliminate ridges, fill in voids, and embed coarse aggregate. Recheck and correct surface tolerances. Do not perform subsequent finishing until excess moisture or bleed water has disappeared and concrete will support either foot pressure with less than 1/4-inch indentation or weight of power floats without damaging flatness. FINAL FLOATING: Float to embed coarse aggregate, to eliminate ridges, to compact concrete, to consolidate mortar at surface, and to achieve uniform, sandy texture. Recheck and correct surface tolerances. TROWELING Trowel immediately following final floating. Apply first troweling with power trowel except in confined areas, and apply subsequent troweling with hand trowels. Wait between troweling to allow concrete to harden. Do not over trowel. Begin final troweling when surface produces a ringing sound as trowel is moved over it. Consolidate concrete surface by final troweling operation. Completed surface shall be free of trowel marks, uniform in texture and appearance, and within surface tolerance specified. Grind smooth surface defects that would telegraph through final floor covering system. Coordinate appearance and texture of required final finish with the engineer before application. TROWEL FINISH: As specified above. CHEMICAL HARDENER FINISH: Trowel finish and allow complete curing and drying of concrete surface. Apply chemical hardener finish following manufacturer's printed application instructions, applying in 3 coats diluted with water. Evenly apply each coat, allowing 24 hours for drying between coats. Remove any surplus hardener according to manufacturer's instructions: SLAB SURFACE TOLERANCES: Achieve flat, level planes except where grades are indicated. Slope uniformly to drains. Troweled finishes: Achieve level surface plane so that depressions between high spots do not exceed 1/4 inch using a 10-foot straightedge: 38 SLAB FINISH SCHEDULE: Apply finishes in the following typical locations and as otherwise shown on the drawings: 1. Trowel finish: 2. Exposed interior floors not otherwise scheduled. 3. Surfaces .to receive resilient tile. 4. Surfaces to receive carpet. 5. Chemical hardener finish: In locations shown on the drawings. REPAIR OF SLAB SURFACES: Test slab surfaces for smoothness and to verify surface plane to tolerance specified. Repair defects as follows: High areas: Correct by grinding after concrete has cured for not less than 14 days. Low areas: Immediately after completion of surface finishing operations, cut out low areas and replace with fresh concrete. Finish repaired areas to blend with adjacent concrete. Proprietary patching compounds may be used when approved by the architect. Crazed or cracked areas: Cut out defective areas, except random cracks and single holes not exceeding 1 inch in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts. Dampen exposed concrete and apply bonding compound. Mix, place, compact, and finish patching concrete to match adjacent concrete. Isolated cracks and holes: Groove top of cracks and cut out holes not over 1 inch in diameter. Dampen cleaned concrete surfaces and apply bonding compound; place dry pack or proprietary repair compound acceptable to the engineer while the bonding compound is still active use a dry -pack mix (One part portland cement to 2-1/2 parts fine aggregate and enough water as required for handling and placing.). Or installs patching mixture and consolidate thoroughly, striking off level with and matching surrounding surface. DO NOT ALLOW PATCHED AREAS TO DRY OUT PREMATURELY. 2.17 CONCRETE CURING AND PROTECTION GENERAL: Prevent premature drying of freshly placed concrete, and protect from excessively cold or hot temperatures until concrete has cured. Provide curing of concrete by one of the methods listed and as appropriate to service conditions and type of applied finish in each case. CURING PERIOD: Not less than 7 days for standard cements and mixes. 39 FORMED SURFACES: Cure formed concrete surfaces by moist curing with forms in place for full curing period or until forms are removed. Keep wooden or metal forms moist when exposed to heat of the sun. If forms are removed prior to completion of curing process, continue curing by one of the applicable methods specified. SURFACES NOT IN CONTACT WITH FORMS: Start initial curing as soon as free water has disappeared, but before surface is dry. Keep continuously moist for not less than 3 days by uninterrupted use of any of the following: Water ponding. Water -fog spray. Moisture -retaining cover. BEGIN FINAL CURING PROCEDURES IMMEDIATELY FOLLOWING INITIAL CURING AND BEFORE CONCRETE HAS DRIED. MOISTURE -RETAINING COVER: Lap not less than 3 inches.at edges and ends, and seal with waterproof tape or adhesive. Repair holes or tears during curing period with same tape or adhesive. Maintain covering in intimate contact with concrete surface. Secure to avoid displacement. Extend covering past slab edges at least twice the thickness of slab. Do not use plastic sheeting on surfaces that will be exposed to view when in service. CURING COMPOUND: Apply at rate stated by manufacturer to conform with moisture - retention requirements specified, using second, immediate application at right angles to first, if necessary, and reapply if damaged by rain. Apply to all areas that do not receive curing and sealing compound and chemical hardener. CURING AND SEALING COMPOUND: Apply at rate stated by manufacturer to conform with moisture -retention requirements specified, using second, immediate application at right angles to first, if necessary, and reapply if damaged by rain. Apply additional coat near substantial completion to act as sealer. Apply to areas scheduled in the drawings as sealer and hardener. Use curing compounds only in locations permitted or required, and where use will not interfere with other finishes, coatings, or coverings to be applied. Continue final curing to end of curing period. Avoid rapid drying at end of curing period. During and following curing period, protect concrete from temperature changes of adjacent air in excess of 5 degrees F per hour and 50 degrees F per 24 hours. Progressively adjust protective measures to provide uniform temperature changes over entire concrete surface. 40 2.18 REMOVAL OF FORMS AND SUPPORTS Provided that concrete has hardened sufficiently that it will not be damaged, forms not actually supporting weight of concrete or weight of soffit forms may be removed after concrete has cured at not less than 50 degrees F for 24 hours. Maintain curing and protection operations after form removal. 2.19 MISCELLANEOUS CONCRETE ITEMS Fill in holes and openings left in concrete structures for passage of work by other trades after such work is in place. Place such fill-in concrete to blend with existing construction, using same mix and curing methods. 2.20 CONCRETE REPAIRS Perform cosmetic repairs of concrete surfaces as specified under concrete application. Perform structural repairs with prior approval of the architect for method and procedure, using epoxy -bonding systems. The architect's approval is required for repair methods using materials other than those specified. 2.21 QUALITY CONTROL TESTING DURING CONSTRUCTION COMPOSITE SAMPLING, AND MAKING AND CURING OF SPECIMENS: ASTM C 172 and ASTM C 31. Take samples at point of discharge. For pumped concrete, perform sampling and testing at the frequencies specified herein at point of delivery to pump, and perform additional sampling and testing at the same frequency at discharge from line. Results obtained at discharge from line shall be used for acceptance of concrete. SLUMP: ASTM C 143. One test per strength test and additional tests if concrete consistency changes. Modify sampling to comply with ASTM C 94. AIR CONTENT OF NORMAL WEIGHT CONCRETE: ASTM C 173 or ASTM C 231. One test per strength test performed on air -entrained concrete. CONCRETE TEMPERATURE: Test the temperature hourly when the air temperature is 40 degrees F or below, when the air temperature is 90 degrees F or above, and each time a set of strength test specimens is made. COMPRESSIVE STRENGTH TESTS: ASTM C 39. COMPRESSION TEST SPECIMENS: Mold and cure one set of 4 standard cylinders for each compressive strength test required. 41 TESTING FOR ACCEPTANCE OF POTENTIAL STRENGTH OF AS -DELIVERED CONCRETE: Obtain samples on a statistically sound, random basis. MINIMUM FREQUENCY: 1. One set per 100 cubic yards or fraction thereof for each day's pour of each concrete class. 2. One set per 3500 square feet of slab or wall area or fraction thereof for each day's pour of each concrete class. 'r 3. When less than 5 cubic yards is placed in one day, the architect may, at architect's option, waive laboratory testing of specimens if adequate evidence of satisfactory strength is provided. (Molding and curing of these specimens is not waived.) 4. When the above testing frequency would provide fewer than 5 strength tests for a given class of concrete during the project, conduct testing from not less than 5 randomly selected batches, or from each batch if fewer than 5. a. Test one specimen per set at 7 days for information unless an earlier age is required. b. Test 2 specimens per set for acceptance of strength potential; test at 28 days unless other age is specified. The test result shall be the average of the two specimens. If one specimen shows evidence of improper sampling, molding, or testing, the test result shall be the result of the remaining specimen; if both show such evidence, discard the test result and inform the architect. C. Retain one specimen from each set for later testing, if required. d. Strength potential of as -delivered concrete will be considered acceptable if all of the following criteria are met: 5. No individual test result falls below specified compressive strength by more than 500 psi. 6. Not more than 10 percent of individual test results fall below specified compressive strength f (c). 7. Average of any 3 consecutive strength test results equals or exceeds specified compressive strength f (c). a. Evaluate construction and curing procedures and implement corrective action when strength results for field -cured specimens are less than 85 percent of test values for companion laboratory -cured specimens. 42 TEST RESULTS: Testing agency shall report test results in writing to architect and contractor within 24 hours of test. 1. Test reports shall contain the following data: a. Project name, number, and other identification. b. Name of concrete testing agency. C. Date and time of sampling. d. Concrete type and class. e. Location of concrete batch in the completed work. f. All information required by respective ASTM test methods. 2. Nondestructive testing devices such as impact hammer or sonoscope may be used at architect's option for assistance in determining probable concrete strength at various locations or for selecting areas to be cored, but such tests shall not be the sole basis for acceptance or rejection. 3. The testing agency shall make additional tests of in -place concrete as directed by the architect when test results indicate that specified strength and other concrete characteristics have not been attained. a. Testing agency may conduct tests of cored cylinders complying with ASTM C 42 or tests as directed. b. Cost of additional testing shall be borne by the contractor when unacceptable concrete has been verified. SECTION 3 MASONARY WALLS 3.0 GENERAL SHOP DRAWINGS: Indicate bars sizes, spacing, locations, reinforcement quantities, bending and cutting schedules, supporting and spacing devices for reinforcement and accessories. PRODUCT DATA: Provide data for facing brick pre -faced and fabricated wire reinforcement. Include design mix; indicate whether the Proportion or Property specification of ASTM C270 is to be used required environmental conditions, and admixture limitations. Include the manufacturer's certificate certifying that products meet or exceed specified requirements. SAMPLES: The contractor must submit two samples of face brick, to illustrate color, texture and extremes of color range, and two samples of mortar to illustrate color and color range. REPORTS: Submit reports indicating conformance of the mortar component materials to requirements of ASTM C270 and test and evaluation reports to ASTM C780, and conformance of the grout component materials to requirements of ASTM C476 and test and evaluation reports to ASTM C1019. 43 3.1 PRE -INSTALLATION CONFERENCE Convene an installation conference one -week prior to beginning construction of this project. 3.2 COORDINATION Coordinate the masonry work with installation of window frames, Owner furnished equipment and Exterior Installation and Finish System. 3.3 CONCRETE MASONRY UNITS HOLLOW LOAD BEARING BLOCK UNITS (CMU): ASTM C90, Type I - Moisture Controlled medium weight, with integral water repellent admixture. HOLLOW NON -LOAD BEARING BLOCK UNITS (CMU): ASTM C129, Type I - Moisture Controlled medium weight, with integral water repellent admixture. SIZE AND SHAPE: Nominal modular size of 8 x 8 x 16 inches. Provide special units for 90-degree corners, bond beams and lintels. 3.4 INSULATION INSERTS Individually molded expanded polystyrene inserts formed to fit block with a thermal resistance (R) at 70° of 3.8, and a typical density of 1 lb/cu. ft. 3.5 REINFORCEMENT AND ANCHORAGE SINGLE WYTHE JOINT REINFORCEMENT: Truss type; steel wire, hot dip galvanized to ASTM A641 Class 1 after fabrication, 3/16 inch side rods with 3/16 inch cross ties. REINFORCING STEEL: ASTM A615, 40-ksi-yield grade, deformed billet bars, uncoated finish. Strap Anchors: Bent steel shape, 2 x 10-inch size x 22 gage thick, hot dip galvanized to ASTM A123 B2. 3.6 MORTAR AND GROUT PORTLAND CEMENT: ASTM C150, Type I. MASONRY CEMENT: ASTM C91, Type S. MORTAR AGGREGATE: ASTM C 144, standard masonry type. 44 HYDRATED LIME: ASTM C207, Type S. GROUT COURSE AGGREGATE: ASTM C404. WATER: Clean and potable. BONDING AGENT. Latex type. MORTAR COLOR: Standard gray at interior exposed masonry and color as selected by architect at all exterior masonry. 3.7 ADNHXTURES WATER REPELLENT: Liquid Dry -Block Mortar Admixture. 3.8 FLASHING COPPER/KRAFT PAPER FLASHINGS: 2-oz/sq. ft sheet copper bonded to fiber reinforced asphalt treated Kraft paper. LAP SEALANT: Butyl type as specified in Section 07900. JOINT FILLER: Closed cell polyethylene or polyurethane oversized 50 percent to joint width Self -expanding. BUILDING PAPER: No. 30 asphalt saturated felt. WEEPS: Preformed plastic tubes, cotton wick filled or cotton rope. CLEANING SOLUTION: Non -acidic, not harmful to masonry work or adjacent materials. 3.9 MORTAR AND GROUT MIXES MORTAR FOR LOAD BEARING WALLS AND PARTITIONS: ASTM C270, Type S using the Performance specification, with water repellent admixture for all exterior mortar. MORTAR FOR NON -LOAD BEARING WALLS AND PARTITIONS: ASTM C270, Type S using the Performance specification, with water repellent admixture for all exterior mortar. 45 3.10 GROUT MIXES BOND BEAMS AND LINTELS: 2,500 psi strength at 28 days; 8-10 inches slump; or premixed type in accordance with ASTM C94. Mix in accordance with ASTM C476 Course grout. - ENGINEERED MASONRY: 3,000-psi strength at 28 days; 8-10 inches slump premixed type in accordance with ASTM C94. 3.11 GROUT MIXING PRE -MIXED GROUT: Mix grout in accordance with ASTM C94. FIELD MIXED GROUT: Thoroughly mix grout ingredients in quantities needed for immediate use in accordance with ASTM C476 Course grout. Add admixtures in accordance with manufacturer's instructions; mix uniformly. Do not use anti -freeze compounds to lower the freezing point of grout. 3.12 EXAMINATION Verify that field conditions are acceptable and are ready to receive work. Verify items provided by other sections of work are properly sized and located. Verify that built-in items are in proper location, and ready for roughing into masonry work. Request inspection of spaces to be grouted. 3.13 PREPARATION Direct and coordinate placement of metal anchors supplied to other sections. Provide temporary bracing during installation of masonry work. Maintain in place until building structure provides permanent bracing. Apply bonding agent to existing concrete surfaces. Plug clean -out holes with brick or block masonry units. Brace masonry for wet grout pressure. 46 3.14 INSTALLATION MORTAR MIXING: Thoroughly mix mortar ingredients in accordance with ASTM C270 in quantities needed for immediate use. Maintain sand uniformly damp immediately before the mixing process. Add mortar color and admixtures in accordance with manufacturer's instructions. Provide uniformity of mix and coloration. Do not use anti -freeze compounds to lower the freezing point of mortar. If water is lost by evaporation, re -temper only within two hours of mixing. Use mortar within two hours after mixing at temperatures of 90 degrees F or two -and -one-half hours at temperatures under 40 degrees F. COURSING: Establish lines, levels, and coursing indicated. Protect from displacement. Maintain masonry courses to uniform dimension. Form vertical and horizontal joints of uniform thickness. BOND:- Use a Running bond with the concrete masonry units and with the brick units use a running or Stacked as indicated on drawings COURSING: Use One unit and one mortar joint to equal 8 inches for concrete masonry units and three units and three mortar joints to equal 8 inches with the brick units MORTAR JOINTS: Concave. PLACING AND BONDING: Lay solid masonry units in full bed of mortar, with full head joints, uniformly jointed with other work. Lay hollow masonry units with face shell bedding on head and bed joints. Buttering comers of joints or excessive farrowing of - mortar joints are not permitted. Remove excess mortar as work progresses. Interlock intersections and external corners. Do not shift or tap masonry units after mortar has achieved initial set. Where adjustment must be made, remove mortar and replace. Perform job site cutting of masonry units with proper tools to provide straight, clean, unchipped edges. Prevent broken masonry unit comers or edges. Cut mortar joints flush where resilient base is scheduled, or furring chemicals are applied. Isolate top joint of masonry partitions from horizontal structural framing members and slabs or decks with compressible joint filler. WEEPS: Install weeps in veneer at 32 inches on center horizontally above through -wall flashing, above shelf angles and lintels, and at bottom of walls. CAVITY WALL: Do not permit mortar to drop or accumulate into cavity air space or to plug weeps. REINFORCEMENT AND ANCHORAGE: Single Wythe Masonry. Install horizontal joint reinforcement 16 inches on center vertically. Place masonry joint reinforcement in first and second horizontal joints above and below openings. Extend minimum 16 inches each side of opening. Place joint reinforcement continuous in first and second joint below 47 top of walls. Lap joint reinforcement ends minimum 6 inches. Reinforce joint corners and intersections with strap anchors 16 inches. REINFORCEMENT AND ANCHORAGE FOR MASONRY VENEER: Install horizontal joint reinforcement 15 inches on center. Place masonry joint reinforcement in first and second horizontal joints above and below openings. Extend minimum 16 inches each side of opening. Place joint reinforcement continuous in first and second joint below top of walls. Embed wall ties in masonry back up to bond veneer at maximum 15 inches on center vertically and 36 inches horizontally. Place at maximum 3 inches on center each way around perimeter of openings, within 12 inches of openings. Reinforce stack bonded unit joint corners and intersections with strap anchor 16 inches on center. MASONRY FLASHINGS: Extend.flashing horizontally at foundation walls, above ledge or shelf angles and lintels, under parapet caps, and at bottom of walls. Turn flashing up minimum 8 inches and bed into mortar joint of masonry or seal to existing back up. Lap end joints minimum 6 inches and seal watertight. Turn flashing, fold, and seal at corners, bends, and interruptions. LINTELS: Install reinforced unit masonry lintels over openings where steel lintels are not scheduled. Do not splice reinforcing bars. Support and secure reinforcing bars from displacement. Maintain position within 1/2 inch of dimensioned position. Place and consolidate grout fill without displacing reinforcing. Allow masonry lintels to attain specified strength before removing temporary supports. Maintain minimum 12 inch bearing on each side of opening. BOND BEAMS Install reinforced unit masonry bond beams in first course every forty- eight (48) inches vertical. Splice reinforcing bars with minimum three feet of overlap. Support and secure reinforcing bars from displacement. Maintain position within 1/2 inch of dimensioned position. Place and consolidate grout fill without displacing reinforcing. Allow concrete to attain specified strength before removing temporary supports. VERTICAL REINFORCEMENT: Grout fill cells vertically every forty-eight (48) inches, where CMU walls meet existing columns, or next to door and window openings a minimum 8 inches. Splice reinforcing bars with minimum three feet of overlap. Support and secure reinforcing bars from displacement. Maintain position within 1/2 inch of dimensioned position. Place and consolidate grout fill without displacing reinforcing. Allow concrete to attain specified strength before removing temporary supports. MORTAR AND GROUT: Install mortar in accordance with ASTM C270. Install grout in accordance with ASTM C476. Work grout into masonry cores and cavities to eliminate voids. Do not install grout in lifts greater than 16 inches or two CMU courses without consolidating grout by rodding. Do not displace reinforcement while placing grout. Remove excess mortar from grout spaces. At bearing locations, fill masonry cores with grout for a minimum 12 inches either side of opening. High Lift Grouting 48 a. Provide cleanout opening no less than 4 inches high at the bottom of each cell to be grouted by cutting one face shell of masonry unit. CLEAN OUT MASONRY CELLS AND CAVITIES WITH HIGH PRESSURE WATER SPRAY. Permit complete water drainage. After cleaning seal openings with masonry units. Limit grout lift to 60 inches and rod for grout consolidation. Wait 30 to 60 minutes before placing next lift. CONTROL JOINTS: Do not continue horizontal joint reinforcement through control joints. Form control joint with a sheet building paper bond breaker fitted to one side of the hollow contour end of the block unit. Fill the resultant core with grout fill. Rake joint at exposed unit faces for placement of backer rod and sealant. Size the control joint in accordance sealant performance. INSULATION INSERTS: Provide insulation inserts at all exterior surfaces, including upper apparatus baywalls to 16" below adjacent low roof. Omit insulation inserts at all reinforced cells. 3.15 TOLERANCES MAXIMUM VARIATION FROM ALIGNMENT OF COLUMNS: 1/4 inch. VARIATION FROM UNIT TO ADJACENT UNIT: 1/32 inch. MAXIMUM VARIATION FROM PLANE OF WALL: 1/4 inch in 10 ft and 1/2 inch in 20 ft or more. MAXIMUM VARIATION FROM PLUMB: 1/4 inch per story non -cumulative. MAXIMUM VARIATION FROM LEVEL COURSING: 1/8 inch in 3 ft and 1/4 inch in 10 ft 1/2 inch in 30 ft. MAXIMUM VARIATION OF JOINT THICKNESS: 1/8 inch in 3 ft. MAXIMUM VARIATION FROM CROSS SECTIONAL THICKNESS OF WALLS: 1/4 inch. VARIATION FROM JOINT WIDTH: Plus or minus 1/8 inch and minus 0 inches. 3.16 CUTTING AND FITTING CUT AND FIT FOR CHASES, PIPES, CONDUIT AND SLEEVES. Coordinate with other sections of work to provide correct size, shape, and location. 49 'a Obtain approval prior to cutting or fitting masonry work not indicated or where appearance or strength of masonry work may be impaired. 3.17 FIELD QUALITY CONTROL Field inspection and testing will be performed under provisions of Section 01410. Test and evaluate grout in accordance with ASTM C1019. 3.18 CLEANING Clean work under provisions of 01700. Remove excess mortar and mortar smears as work progresses. Replace defective mortar. Match adjacent work. Clean soiled surfaces with cleaning solution. Use non-metallic tools in cleaning operations. Do not scratch or deface units. 3.19 PROTECTION OF FINISHED WORK Without damaging completed work, provide protective boards at exposed external comers, which may be damaged by construction activities. Maintain protective boards at exposed external corners. Provide protection without damaging completed work. 3.20 SCHEDULE PROVIDE CMU WITH INTEGRAL WATER REPELLENT ADMIXTURE AT THE FOLLOWING LOCATIONS: All exterior CMU back-up walls including upper walls above roof at Apparatus Bay. Provide water repellent mortar admixture for all exterior CMU backup walls including upper walls above roof at Apparatus Bay, and all mortar in exterior face brick veneer. 50 SECTION 4 FIBERGLASS PIPE AND FITTINGS 4.0 GENERAL The following paragraphs give the specifications on the various materials and construction methods, which are to be used in this project. 4.1 FIBERGLASS PIPE Pipe shall be 10-inch filament -wound "E" type fiberglass reinforced thermosetting epoxy with exterior UV resistant coating. Pipe shall be manufactured in accordance with ASTM D2996 and meet cell limits: RTRP 11FQ1-2331. Pipe shall be Amron Bondstrand 100 fiberglass pipe or approved equal. Pipe shall be designed for outside exposure and shall be constructed of thermosetting vinyl ester resins or other material designed to carry chlorine gas. The reinforcing glass fibers used to manufacture the components shall be of highest quality commercial Grade E-glass filaments with binder and sizing compatible with impregnating resins. Resin additives, such as curing agents, pigments, dyes, fillers, thixotropic agents shall not detrimentally effect the performance of the pipe. The exposure of the pipe to UV rays will not induce structural embrittlement of fiberglass epoxy piping as it ages. Gaskets shall be supplied by approved gasket manufacturers and be suitable for the service intended. Dampers will require flange connections. All other connections can be field connected with fiberglass sleeve couplings. The joints must meet the performance requirements of ASTM D461 and be manufactured in accordance with PS 15-69 dimensions. All flanged joints must have a bolthole pattern that matches the pattern on the dampers. Adhesive shall be Amron PSX 34 ambient -cure, two-part epoxy for all services. 4.2 LAYING, ALIGNING, AND JOINING FIBERGLASS PIPE The installation of pipe and fittings shall be in accordance with the project plans and specifications and the manufacturer's requirements. Pipe Handling: Use textile slings, other suitable materials or a forklift. Use of chains or cables is not recommended. 51 .? Joining for Flanged Fittings: a. Properly align pipe and fittings free to move in any direction while bolting. b. Gradually tighten bolts at a uniform rate around entire flange. c. Anchor pipe or suspend pipe as required by the manufacture. Jointing sleeve couplings: a. Clean ends of pipe and coupling components and apply lubricant or glue that is compatible with CL and as required by manufacturer. b. Use suitable equipment and end protection to push or pull the pipes together. 4.3 TESTING The Contractor shall conduct testing at his expense. All testing shall be accomplished in the presence of the City's Inspector or his authorized representative. The City's Inspector shall be notified 24 hours in advance of the testing. Inspection and testing of the piping will be performed in accordance with the requirements of ANSI B31.1. Hydrostatic testing of all installed piping shall be performed with 2 time the design vacuums. 4.4 FIBERGLASS CONTROL DAMPERS Fiberglass dampers shall be center pivoted single blade fiberglass round control dampers. Damper frame shall have a resin rich corrosion barrier a minimum of 100 mils thick on the service side. The structural layers shall be applied after exotherm of the corrosion liner is complete and shall consist of alternating layers of chopped strand mat to conform to ASTM/ANSI RTPI-1989, Mandatory Appendix M-1. The glass to resin ratio shall be minimum of 32-35% glass to a maximum of 65-67% resin documented to ASTM-2584- 68. Lamination of the frame web will include a minimum 5/8" thick build up at the axle location. The outer surface of the finished laminate shall comply with ASME/ANSI RTP-1989, paragraph M1A-224. To minimize ultraviolet degradation of the laminate, certain U.V. absorbers, or screening agents, must be applied. Flange construction shall meet or exceed NBS PS-15-69 Paragraph 3.4, 7.3, 4, 7, 6. Width and thickness of flanges shall conform to PS-15-69 Table 2. Flanges shall be integral to the web lay up. Flanges applied by cold wrap or secondary bonding lamination procedures are unacceptable. Dampers shall be ordered with the manufactures standard bolthole alignment. Damper blade shall be constructed of the same material as the damper frame. A surfacing veil allowing a resin rich coating, minimum 100 mils thick shall be applied to both service sides of blades. Laminate construction shall conform to PS-15-69 and ASME/ANSI RTP1-1989. If required to meet application, blade -coring material shall be applied and centered in the laminate. An axle saddle will be molded into the blade as integral part. 52 A full-length protruding fiberglass axle shall be supplied. The axle shall be constructed of a vinyl ester based material, combined with continuous strand roving, and complete with surfacing veil. Axle construction shall conform to ASTM D4385-84A. Leakage of damper when equipped with full circumference elastomer blade seal shall not exceed 1.37 CFM/sq. ft. @ 10" w.g. with bearings downstream or 2.74 CFM/sq. Ft. @ 10" w.g. with bearings upstream. Fiberglass dampers shall have viton blade and shaft seal. The damper shall be hand operated and shall be supplied with the optional hand quadrant lever. Fiberglass dampers shall have been tested for pressure drop in accordance with AMCA Standard 600 in an AMCA registered laboratory. Blade deflection shall not exceed 1/180 of the span at 10" w.g. Fiberglass dampers shall carry the AMCA Certified Ratings Seal for air leakage. Submittal Information shall include leakage and performance data documentation. Manufacturer shall provide sample damper for construction review and approval. Dampers shall be 10" and 12" with factory bolt holes Damper shall be Swartout Model 912 or approved equal with factory boltholes and hand quadrant. 4.5 INSTALLING FIBERGLASS DAMPERS Lift the damper with slings, chains, or cables fastened around the damper body, or fastened to bolts or rods through boltholes in the flanges. Do not fasten lifting devices to the actuator or disc, or through the seat opening in the body. Before installation, remove all foreign material and clean damper and flanges. Open the damper and clean the seat and sealing edge of the disc. Follow manufacturer lubrication requirements before final installation. Damper is bi-directional, and may be installed in any position: if possible, however, install the damper with the shaft horizontal to provide a self-cleaning action on the seat. Properly align damper and gradually tighten bolts at a uniform rate around the entire flange. SECTION 5- STAINLESS STEEL DOORS, FRAME, AND HARDWARE 5.0 GENERAL Doors, frames, hinges, locks, thresholds, and all other appurtenances shall be furnished as specified or as indicated on the drawings herein and installed in accordance with the 53 manufacture instructions. Except as modified or supplemental herein, all steel doors and frames shall conform to the requirements of ANSI A250/SDI 100. Stainless steel for doors and frames shall conform to ANSI A167. Internal reinforcement shall conform to ASTM A366. Hardware shall conform to DHI "Recommended Locations for Builders' Hardware for Standard Steel Doors and Frames." Gages of steel sheet metal specified herein refer to US Standard gage and are minimum permissible thickness. The contractor shall submit all proposed products and documentation that all requirements specified herein are meet. All stainless steel doors and frames shall be delivered in the standard finish. DOOR AND FRAME HARDWARE PROVISIONS: The door and frame shall be prepared at the factory for the specified hardware. The door and frame shall be mortised, reinforced, drilled, and tapped for mortised hardware, and shall be reinforced for surface - applied hardware. Cover boxes shall be provided in back of all hardware cutouts on the frame. Concealed stainless steel reinforcements shall be provided for mortised and surface - applied hardware in at least the following minimum thickness: Hinge reinforcement 10 gage Strike reinforcement 14 gage Closer reinforcement 12 gage Other reinforcement 14 gage Surface -applied closures and hold -open arms 12 gage DRAWINGS AND DATA: Complete detail drawings of all items specified herein shall be submitted in accordance with the submittal section. Drawings shall show elevations of each door type; details of each frame type; location or identification of each item; typical and special details of construction; methods of assembling sections; location and installation requirements for hardware; size, shape, and thickness of materials; joints; connections; and finish. 5.1 FRAMES The frame shall be formed from Type 316, stretcher leveled, commercial quality stainless sheet steel with smooth, clean surface. Metal for frame shall be not lighter than 16 gage. 54 Match the sizes and shapes indicated on the drawings. WORKMANSHIP: The finished work shall be strong and rigid, neat in appearance, and free from defects. Molded members shall be fabricated straight and true with corner joints well formed, and with fastenings concealed where practicable. JOINTS. Joints for frames shall be mitered and continuously welded on the reverse side to produce rigid joints, which are invisible on the face of the frame. Frame bottom shall be held rigidly in position by a spreader bar to maintain proper alignment during shipment and erection. WALL AND FLOOR ANCHORS: Metal anchors of the sizes and shapes required for the adjoining type of wall construction shall be provided. Jamb anchors shall be fabricated from stainless steel, with thickness not less than the gage used for frames. Anchors shall be located near the top and bottom of each frame and at intermediate points not to exceed 32 inches spacing. Jamb anchors shall be at least 10 inches long, adjustable, and corrugated or other deformed type. The doorframe shall be anchored to the floor with a 16-gage stainless steel base clip at each jamb. Clips shall be sized and drilled for at least 3/8 inches diameter anchoring devices. INSTALLATION: The frame shall be set in position, plumbed, aligned, and braced securely until permanent anchors are set. The frame shall be anchored to the floor with stainless steel expansion anchors or as indicated on the drawings. Jamb anchors shall be built into walls and secured to adjoining construction. Spreader bars shall remain in place until frames have been built into the walls. Bed doorframe anchors in adjacent mortar joints (minimum of four on each side of jamb) and fill doorframe voids solid with grout. Bed anchors in adjacent mortar joints and fills frame voids solid with grout. Fill the adjacent masonry cores with grout, a minimum of 12 inches from framed openings. 5.2 DOORS The doors shall be formed from Type 316, stretcher leveled, commercial quality stainless sheet steel with smooth, clean surface. Metal for doors shall be not lighter than 18 gage. The doors shall be internally reinforced and filled. 55 Doors shall have half glass with standard glazing trim. See window and glazing section for more details. Match the sizes and shapes indicated on the drawings. Doors indicated on the drawings as stainless steel shall `be as specified herein. Doors shall be prepared to receive the hardware specified in the finish hardware section. _ WORKMANSHIP: Doors shall be rigid, neat in appearance, and free from defects. All welded joints on exposed surfaces shall be dressed smooth so that they are invisible after finishing. SIZES AND CLEARANCES: The doors shall be 1-3/4 inches thick, full flush type, of the sizes and design indicated in the specifications and on the plans. Clearances for doors, shall be 1/8 inch at jambs and heads, 1/4 inch at meeting stiles of pairs of doors, and 3/4 inch at bottom unless otherwise indicated or specified. CONSTRUCTION: Doors shall have 18 gage seamless outer sheets. All edges of doors shall be flush and closed watertight. All seams shall be continuously welded and grounded smooth. Doors shall be prepared at the factory for hardware as indicated on the drawings and as specified. Door edges shall be beveled or rounded. Internally reinforced doors shall have fillers placed in the spaces between reinforcing members and shall be reinforced by 22 gage or heavier vertical steel stiffeners installed on 6 inch centers and welded to face sheets. HARDWARE PROVISIONS. Doors shall be mortised, reinforced, drilled, and tapped for mortised hardware. Reinforcing units shall be provided for lockset. The location of hardware items shall be in accordance with DHI "Recommended Locations for Builders' Hardware for Standard Steel Doors and Frames". ASTRAGALS: The meeting edges of all door leaves shall be provided with stainless steel astragals. Astragals shall be applied to the active leaf at vertical stiles and the inside upper leaf at horizontal stiles. WEATHERSTRIPPING: Doors shall be weather-stripped on three sides with weather- stripping installed in the door or frame without exposed fastenings. A weather-stripped adjustable astragal shall be provided at meeting stiles. Weather-stripping shall be replaceable without special tools or removing the door. All exterior doors shall be weather-stripped at the sill by a pile or vinyl sweep strip on the bottom rail. DRAWINGS AND DATA: Complete detail drawings of all items specified herein shall be submitted in accordance with the submittal section. Drawings shall show elevations of each door type; details of each frame type; location or identification of each item; typical 56 and special details of construction; methods of assembling sections; location and installation requirements for hardware; size, shape, and thickness of materials; joints; connections; and finish. 5.3 SERVICE DOOR The doors shall be formed from Type 316 stainless steel. Metal for doors shall be not lighter than 18 gage. Match the sizes and shapes indicated on the drawings. Doors indicated on the drawings as stainless steel shall be as specified herein. Doors shall be prepared to receive the hardware specified in the finish hardware section. WORKMANSHIP: Doors shall be rigid, neat in appearance, and free from defects. All welded joints on exposed surfaces shall be dressed smooth so that they are invisible after finishing. SIZES AND CLEARANCES: Doors shall be 1 3/4 inches thick, full flush type, of the sizes and design indicated in the plans. Clearances for doors, shall be 1/8 inch at jambs and heads, I/4 inch at meeting stiles of pairs of doors, and 3/4 inch at bottom unless otherwise indicated or specified. CONSTRUCTION: Doors shall have 18 gage seamless outer sheets. All edges of doors shall be flush and closed watertight. All seams shall be continuously welded and grounded smooth. Doors shall be prepared at the factory for hardware as indicated on the drawings and as specified. Door edges shall be beveled or rounded. The door shall be internally reinforced. Doors shall have fillers placed in the spaces between reinforcing members and shall be reinforced by 22 gage or heavier vertical steel stiffeners installed on 6 inch centers and welded to face sheets. HARDWARE PROVISIONS. Doors shall be mortised, reinforced, drilled, and tapped for mortised hardware. Reinforcing units shall be provided for lockset. The location of hardware items shall be in accordance with DHI "Recommended Locations for Builders' Hardware for Standard Steel Doors and Frames". ASTRAGALS: The meeting edges of all door leaves shall be provided with stainless steel astragals. Astragals shall be applied to the active leaf at vertical stiles and the inside upper leaf at horizontal stiles. WEATHERSTRIPPING: Doors shall be weather-stripped on three sides with weather- stripping installed in the door or frame without exposed fastenings. A weather-stripped 57 adjustable astragal shall be provided at meeting stiles. Weather-stripping shall be replaceable without special tools or removing the door. All exterior doors shall be weather-stripped at the sill by a pile or vinyl sweep strip on the bottom rail. 5.4 HARDWARE TEMPLATES: Each hardware manufacture shall deliver to the door and frame manufacturer a template for each item of mortised or surface applied hardware. Each template shall be labeled with the manufacturers name, hardware item, opening number, and location on the door or frame where the item is to be installed. FINISH: Finish shall be standard finish for the product. All products finishes shall match. All exposed surfaces, machine screws, bolts, or any other exposed item not mentioned shall be finished to match hardware. HARDWARE SCHEDULE: A complete schedule of finish hardware shall be submitted in accordance with the submittal section of these specifications. All hardware provided under this contract shall be listed by opening giving the manufactures name, manufacturers number or symbol, finish, and must be approved by the owner before installation. PACKAGING: Each item of hardware shall be packaged separately in an individual container complete with screws, keys, special wrenches, instructions, and installation templates necessary for accurately locating, setting, and adjusting the attached hardware. Each container shall be marked with the number of the opening to which the hardware is to be applied. INSTALLATION: Hardware shall be accurately fitted, securely applied, carefully adjusted, and lubricated in accordance with the manufactures instructions. LOCATION: The location'of hardware items shall be in accordance with DIU "Recommended Locations for Builders' Hardware for Standard Steel Doors and Frames". THRESHOLDS: The ends of the thresholds shall be notched to fit the applicable door frame profile. Thresholds shall be fitted and drilled to receive surface bolts where required. Thresholds shall be anchored to the concrete by means of 5/16-inch diameter stainless steel flat head countersunk machine screws and expansion anchors spaced at 8 inches on centers. Thresholds shall be set in asphalt roofing cement conforming to ASTM D4586, type II or approved equal. PROTECTION: Special care shall be taken to protect finished surfaces of hardware during installation. Hardware on which the finish has been damaged prior to final acceptance of the work shall be replaced with new hardware at no additional charge to the owner. 58 DOOR CLOSERS: Shall be parallel arm mounted inside building with extreme temperature fluid. KNOBS, LOCKSETS, AND PANIC EXIT MECHANISM: Shall be mortise type push bar with stainless steel lever type door handles keyed to match existing water utility locks at the site (see owner's representative for key). Sargent 8813 ETL or approved equal. HINGES: Hinges shall be 5" stainless steel heavy weight and full mortised. DOORSTOP: Doorstop shall be plunger type. SECTION 6 -ALUMINUM ASSEMBLIES This section covers fixed aluminum window assemblies. 6.0 GENERAL Aluminum assemblies shall be furnished and installed as shown on the plans and described in the specifications. Frame style should match existing windows on site. ►iENIof9F41V Extruded aluminum shall be from minimum 1/8 " thick tubular Alloy 6063-T5 sections that must meet ASTM B2221 Sheet aluminum shall meet ASTM B209 and made from aluminum Alloy 5005-H154 Fasteners shall be Manufacturers Standard Glazing gaskets shall be extruded elastomeric type. Expansion anchors shall be Fed Spec FF-S-325: wedge type, group II Type 4, class 1 or 2; self drilling type, group3, type l;or non -drilling type, group VIII, type 1 or 2. Coal Tar Paint shall be Valspar 35-J-10 Hi -Build Coating or approved equal. 6.2 FRAMES Frames shall be fabricated from extruded tubular shapes and shall be factory assembled. All miters and joints shall form flush hairline joints, utilizing concealed fastenings where practical. Where the use of exposed screws, bolts or rivets cannot be avoided; heads shall be counter sunk and finished to match adjacent work. 59 Fabricate new frames to match the frame style of the existing aluminum frames on site. All standard and special clips, angles, and other connections or attachment members shall be furnished, as indicated, specified, or required for proper installation. 6.3 GLAZING PROVISIONS Assemblies shall be designed for glazing as indicated on the drawings. Glazing gaskets shall be furnished by the aluminum assembly manufacture. 6.4 INSTALLATION Aluminum surfaces that are to be placed in contact with concrete, mortar, plaster, or dissimilar metals shall be given a coat of coal tar paint. Connections exposed to weather shall be watertight and shall be sealed during installation in accordance with the manufacturer recommendations and standard details. Glazing stops, removable stops, weather-stripping and other accessories shall be secured with countersunk machine screws. Frames shall be installed plumb and true in accordance with the manufacturer recommendations and standard installation manuals. SECTION 7-GLASS AND GLAZING This section covers glass and glazing for windows, doors, and other openings having glass or plastic panels as indicated on the drawings and as stipulated here in. 7.0 GENERAL Except as modified or supplemented herein, all glazing shall be in accordance with the recommendations of the Flat Glass Marketing Association (FGMA). Tempered glass and plastic panels shall conform to the requirements for glazing materials for Category H products in accordance with the Safety Standard for Architectural Glazing Materials, 16 CFR 1201, January 6, 1977, as amended. Insulating glass units shall bear the certification labels of the Insulating Glass Certification Council (IGCC). :fl 7.1 MATERIALS Materials shall conform to the following: Tempered Glass Plate or float, fully tempered, ANSI Z97.1 or ASTM C 1048. Glazing Compound ASTM C669. Extruded Tape Pecora "B-44 Extru Seal", Protective Treatments "PTI 606", or Tremco "440 Tape". Acrylic Sealant Pecora "Unicrylic" or Tremco "Mono". Setting Blocks Soft lead or neoprene. Spacers Cork and rubber Rhopac "Adhesive Backed Spacer Blocks". Glazing Clips Spring wire. 7.2 GLAZING SCHEDULE Glazing shall be in accordance with the following schedule: DOORS: All doors shall have Tempered Glass installed. WINDOWS: All windows shall have tempered glass installed. 7.3 GLAZING All glass sizes shall be obtained from measurements of the work at the site or from the manufacturer of the sash, doors, or frames in which the glass is to be set. In all cases, however, the Contractor shall be responsible for the correctness of the size of the glass. Setting blocks shall be provided where recommended by the FGMA. STAINLESS STEEL DOORS AND FRAMES: Glass in stainless steel doors and frames shall be set in glazing compound and held in place with the glazing stops and beads provided. Spacers held'/4 inch below sight line shall be provided between the glass and the stops or beads if required to position the glass. Each glass panel shall be cushioned so that it is free from strain or binding due to uneven pressure at the stops. At exterior doors and frames, removable beads shall be bedded in glazing compound. Glazing compound 61 shall be finished smooth and shall slope uniformly from the face of the glass to the edge of the stop or head. ALUMINUM ASSEMBLIES: Glass in aluminum assemblies employing extruded gasket glazing shall be set with the gaskets and stops supplied by the manufacturer of such assemblies and in accordance with the manufacturer's instructions. HEAT ABSORBING GLASS. Heat absorbing glass shall have clean-cut edges. Nc nipped or seamed edges will be permitted. Heat absorbing glass shall be set in strict accordance with the manufacturer's recommendations. OTHER GLASS: All other glass shall be set as required by the glazing facilities provided and embedment requirements. LABELS. All glass shall be delivered to the work bearing the original manufacturers labels. These labels shall not be removed until just prior to the final window cleaning. PROTECTION AND CLEANING. All glass shall be protected against breakage during the construction period, and all broken or cracked glass shall be replaced at the time of completion of the work. All glass shall be cleaned just before final inspection and all stains and defects shall be removed. Care must be exercised to remove paint, labels, and glazing compound without scratching or marring the surface of the glass or metal work. SECTION 8-MECHANICAL This section covers the heating and ventilating systems, including all equipment, controls, devices, accessories, and appurtenances necessary for complete, properly operating systems. 8.0 GENERAL Equipment furnished and installed under this section shall be fabricated, assembled, erected, and placed in proper operating conditions in full conformity with the drawings, specifications, engineering data, instructions, and recommendations of the equipment manufacturer unless the owner notes exceptions. Equipment furnished under this section shall be the standard product of the manufacturer. Where two or more units of the same class of equipment are required, they shall be the products of a single manufacturer; however, all the component parts of the system need not be the products of one manufacturer. 62 The general Equipment Stipulations shall apply to all equipment furnished under this section. Metal thickness and gages specified herein are minimum requirements. Gages refer to US Standard gage. Each major component of equipment shall have the manufacturer's name, address, and catalog number of on a nameplate securely affixed in a conspicuous place. The nameplate of a distributing agent only will not be acceptable. Unless otherwise specified, all ferrous sheet metal surfaces other than ductwork shall be given a rust -inhibiting treatment consisting of galvanizing or bonderizing followed by a rust -inhibitive primer and finish paint. Surface finish damaged during installation shall be replaced to the satisfaction of the Engineer. DRAWING AND DATA: Complete fabrication, assembly, foundation, and installation drawings, together with detailed specifications and data covering material used, parts, devices, and other accessories forming a part of the equipment furnished, shall be submitted in accordance with the submittals sections. The data and specifications shall include, but shall not necessarily be limited to, the following: Temperature controls system. Equipment Fan curves 8.1 DESIGN It shall be the responsibility of the Contractor/Builder to install the Ventilation System as designed. The ventilating system shall be turned on by the use of a switch located by the main service door and shall include propeller fans with electric actuated dampers on the intake and exhaust. Electrical hook ups to be done by city crews. TESTS: All tests shall be conducted in a manner acceptable to the Engineer and shall be repeated as many times as necessary to secure the Engineer's acceptance of each system. COMPLETED SYSTEMS: After completion of the ventilating system, tests shall be conducted to demonstrate that it is functioning in accordance with specification requirements and to the satisfaction of the Engineer. DEFECTIVE WORK: If inspection or tests indicate defects, the defective work or material shall be replaced, and inspection and tests repeated. All repairs to piping shall be made with new materials. Caulking of threaded joints or holes will not be acceptable. CLEANING AND ADJUSTING: At the completion of the work, all parts of the installation shall be thoroughly cleaned. All equipment and fittings shall be cleaned of 63 grease, metal cuttings, and sludge which may have accumulated by operation of the system for testing. Any stoppage, discoloration, or other damage to parts of the building, building finish, or furnishings shall be repaired at no additional cost to the Owner. OPERATION AND MAINTENANCE INST RUCTIONS: Operation and maintenance instructions shall be provided for the ventilating equipment as indicated in the equipment schedule section and the submittal section. MANUFACTURER'S FIELD SERVICE: Manufacturer's field services shall be provided as indicated in the equipment schedule section. 8.2 MATERIALS FANS: Fans of the type, size, and capacity specified shall be furnished and installed where indicated on the drawings. All fans shall be complete with controls and accessories as required for satisfactory operation. All electric motors shall be UL listed. Each fan assembly shall include a direct drive motor, motor operated shutters, intake guard, and %Z inch mesh screen. Fans shall be rated in accordance with AMCA standards, or shall bear the AMCA Certified Rating Label, and shall be UL listed. Fan drive motors and controls shall conform to the requirements of the Electric Motors and Motor Controls paragraph. Motor horsepower shown in the Fan Schedule are minimum motor horsepower. Large motors shall be provided if required to meet the specified requirements. Fans curve shall be furnished with the fan submittals. Fan noise level tests and ratings shall be made and published in accordance with AMCA Standards 300 and 301. Fan sound ratings and sound test verifications shall be furnished with each fan submittal. Propeller fans shall be corrosion resistant and include panel frame, wire guard, motor, motorized shutter and fan blades as indicated on the drawings. The propeller shall be statically and dynamically balanced to ensure quiet, vibration -free operation, and shall be suitable for mounting as indicated. Ventilation shall be supplied by two 4,000-CFM Packaged Propeller Wall Fans using 124v single phase with V2 horsepower motors and have a minimum total capacity @ 0.125" SP of 8,000 CFM. The city crews will handle Electrical. LOUVERS: Intake and exhaust louvers shall be motorized 24" square aluminum. M TEMPERATURE CONTROLS: The automatic temperature control systems shall be furnished and installed as indicated on the drawings and as specified herein. All temperature controls shall consist of electric equipment as specified and shall be the product of a single manufacturer, unless otherwise indicated. Prior to the performance of any work or installation of any materials, the Contractor shall submit the following data in accordance with the submittal section. Published descriptive data on each item of equipment and accessories, indicating all specific characteristics and options and noted with the identification designation used herein and on the drawings. Thermostats shall be as specified herein. Wall -mounted thermostats shall be mounted 5' - 6' above finished floors. Insulating spacers for thermostats mounted on exterior building walls shall be provided. The spacers shall be installed between the thermostat and its mounting surface so that the thermostat will not be affected by surface temperature. Thermostats for control of unit heaters shall be two -position line voltages. The thermostats shall have a SPDT switch rated for one horsepower. The thermostats shall have a range of approximately 35 F to 100 F with a nonadjustable differential of 2 degrees. NAMEPLATE: Phenolic nameplates shall be provided and permanently attached to the wall at each control device to indicate the equipment controlled. The letters used shall be the same as the symbols indicated herein and on the drawings. Each nameplate shall have white letters on a black background. ELECTRIC MOTORS AND MOTOR CONTROLS: The following requirements apply only to electric motors and motor controls which are not covered in other sections. Motors shall conform to the requirements of the General Equipment Stipulations. One- half horsepower and larger motors shall be energy -efficient type. Motor starters and controls shall be furnished under the electrical section. All electrical controls shall have a case or cabinet at least equivalent to NEMA Type 1 for wiring in conduit. Typical schematics on the drawings indicate electrical control items and functions required for most of the equipment; however, actual motor sizes shall comply with the General Equipment Stipulations. 65 0 8.3 INSTALLATION OF MECHANICAL EQUIPMENT Install ventilation equipment at locations and heights as indicated on the plans, and in accordance with equipment manufacturer's written instructions to ensure that the equipment fulfill the requirements within recognized industry standards. r' - Coordinate with other electrical work as appropriate to properly interface installation of equipment with other electrical work. Fasten equipment securely to structural supports and check to ensure that equipment is mounted solid and plumb. 66