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HomeMy WebLinkAboutResolution - 5137 - Contract - JW Roofing & Remodeling - LSC Roof Replacement - 03_14_1996Resolution No.5137 March 14, 1996 Item # 41 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and J. W. Roofing & Remodeling of Plainview, Texas, to furnish and install all services and materials as bid for the Lubbock Senior Center Roof Replacement, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th,� March , 1996. ATTEST: Betty M. Johnso , City Secretary APPROVED AS TO CONTENT: is or lman, P casing APPROVED AS TO FORM: Attorney DGV js/IWRooFNG.REs ccdocs/March 4, 1996 " RE50LUTION #5137 03/14/96 �o w w o a� U� a cn a w 0 i 1' CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: LUBBOCK SENIOR CENTER - ROOF REPLACEMENT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13481 PROJECT NUMBER 9050.9246 CONTRACT PREPARED BY: PURCHASING DEPARTMENT F 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBI T=AL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND S. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS II. SPECIAL CONDITION No Text r NOTICE TO BIDDERS i BID 013481 t 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 2:00 o'clock a.m. on the 1 8th day of February.1996. 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: "LUBBOCK SENIOR CENTER - ROOF REPLACEMENT" Mier 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. f b It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. I The City of Lubbock will consider the bids on the 22nd day of February,1996, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to re�cct any or all bids and waive any formalities. The suu1 bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 1001/a of the total contract price in the event that said contract price exceeds $100,000 and the r' successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 1001/o 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 Bit Rating of B or superior. as the rating of the bond company is a factor that will be considered in determination of the lowest Msponsible bidder. r r 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, pa le 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 guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of avrard 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 pre -bid conference on 1st day of February, at 10:00 o'clock a.m., in the Purchasing Conference Room, L-04, Lubbock, Texas Attention of each bidder is cularl called to the schedule of general prevailing rate of diem wages included in the contract documents on file in the office of the �g 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 Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK oitt,M VICTOR PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. r. r GENERAL INSTRUCTIONS TO BIDDERS i 7 r GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LUBBOCK SENIOR CENTER - ROOF REPLACEMENT. 2. CONTRACT DOCUMENTS All work coveted by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 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 of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INOUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 S. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 120 (ONE HUNDRED TWENTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of frill 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. GUARANTEES 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 damage's 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). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished 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. it. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. 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. 14. BARRICADES AND SAFETY MEASURES r' The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and r 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. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the 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. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) 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 insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. is. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diemwages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations 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: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or 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. 20. 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. 21. PREPARATION FOR BID 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. 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. 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: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS 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. M General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 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. No Text BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: l PROJECT NUMBER: LUBBOCK SENIOR CENTER - ROOF REPLACEMENT l Bid of . LJ �ctid ✓1.ZM65k&(hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (he rafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a B4, /;?Cp 44-- e� 4�-- 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 l 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. r MATERIALS: (S �7 % 1 O J ) SERVICES: (s v. e_� TOTAL ID. • �d T s lD 7 ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to r Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days l thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set �- forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. I Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. F 7 r 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 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 (S% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enc used with this bid is a Casluez's Ch k or Certified Ch for f Mars or a Bid Bond In the sum of ollars (Syd'S�? ), which it is agreed shall be collected and retained by the Cf=r as 1 quitj ted damages il tl a ent a bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond e f any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the j" undersigned upon demand. F 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. (Seal if Bidder is a Corporation) ATTEST: Secretary W (CP '!Mc ot '44 le Cites county State(Zip Code Telephone: d6 - JG• —&U ! _ Fax Number. — 3 5' 7, r ..- r THE AMERICAN INSTITUTE Of ARCHITECTS I AIA Document A310 Bid Bond Bond No.: GE5778242 r' KNOW ALL MEN BY THESE PRESENTS, that we Jack Wirth dba: J.w. Roofing & Remodeling, 708 Independence, (Here insert full name and address or legal title of Contractor) Plainview, Tx 79072 as Principal, hereinafter called the Principal, and Gulf Insurance Compare 5550 W. Zbuhy Avenue Mere insert full name arftl laddress or legal title of Surety) Skokie, IL 60077 a corporation duly organized under the laws of the State of Missouri as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock, P.O. BOX 2000 (Here insert full name and address or legal title of Owner) Lubbock, TX 79457 as Obligee, hereinafter called the Obligee, in the sum of Four thousand eight hundred fifty dollars and 00/100------Dollars ($ 4,850.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Lubbock20��les�rr�o�diFcn Lubbock, TX Roof Replacement NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of February 1996 Jack Wirth dba: J.W. Roofing & Remodeling (Principal) (Sea() (Witness) (Title) l � _ G,�t if Insurance c'_o=ny !� (Stir j (Seal) (Witnes ? Z {�. r Deborah J. H itle) Attorney -in -Fact ABA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN I INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 STATE OF ILLINOIS COUNTY OF LAKE I, Tracy L. Snow, a Notary Public of Lake County, State of Illinois, do hereby certify that Deborah J. Herman , Attorney -in -Fact of Gulf Insurance Company , who is personally known to me to be the same person whose name r is subscribed to the foregoing instrument, appeared before me this day in person and f acknowledged that he/she signed, sealed and delivered said instrument for and on behalf of Gulf Insurance Cbmr)anv or the uses and purposes therein set forth. Given under my hand and notarial seal at our offices in Northbrook, Illinois on this 8th day of Pehr„a s, , 19_9,r;,,_, A.D. My commission expires 12/06/9 "^""^^^^� Nota Public OFFICIAL SEAL TRACY L SNOW NOTARY PUBLIC, srATE OF ILLINOIS MY COMMISSION EXPIREs:12106199 eaassart t is American State Bank 834959 in February08 96 T W Roofing Lubbock, Texast9 inner o the order of City of Lubbock----------------------------------------- g**597.50** The purchase of an Indemnity Bond will be OVA Mlln;FV,Affie' `r � of.this �q k,,will,Jpe replaced or refunded in the event it is lost, misplaced or stolen 7 STATE B h I.i I'; wen[ ♦last. Udbl leaf 111116349591111' i:1113 2 25631: 006 4550n' 90 GULF INSURANCE COMPANY KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE r SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having r its principal office in the city of Irving, Texas, pursuant to the following resolution, !i adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the loth day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power r' of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as p may be selected from time to time; and any such Attorney -in -Tact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attomey(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by, facsimile signature and facsimile seal shall be L valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby [Hake, constitute and appoint V" i Deborah J. Herman 7 BOND NUMBER GE 5 7 7 R', Ai PRINCIPAL NAME, ADDRESS CITY, STATE, ZIP Jack Wirth dba: J.W. Roofing & Remodeling 708 Independence Plainview, TX 79072 February 8, 1996 $ 97, 000.00 $ 4, 850.00 EFFECTIVE DATE CONTRACT AMOUNT BOND AMOUNT its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. ` SORANCf PO0 �9 GULF INSURANCE COMPANY y Rgl� � Z " SEAL 4f SoVP C" STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. NOTAgy Z 'P" Toe, j,0 Ursula Kerrigan STATE OF NEW YORK ) OP N0 No. 02 KE 5043950 SS Qualified in New York County COUNTY OF NEW YORK ) Comm. Expires May 15, 1997 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and " attached POWER OF ATTORNEY remains in full force. SVttANCe C Signed and Sealed at the City of New York. '4 \�oOPPORArF O4'' r` n SEAL Dated the 8th day of February , 1996 so�e` P . Lawrence P. Miniter Senior Vice President 7 LIST OF SUBCONTRACTORS Minority Owned Yes No 1. ❑ ❑ 2. 0 ❑ 3. 0 0 4. 0 0 5. - 0 0 6. 0 ❑ 7. 0 0 8. 0 0 9. ❑ ❑ 10. 0 ❑ PAYMENT BOND 1 Bond No.: GE5783778 E ! STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021 (a) OF THE TEXAS GOVERNMENT CODE r (CONTRACTS MORE THAN $25,000) F F KNOW ALL MEN BY THESE PRESENTS, thatJackWirth dba: J.W. Roofing& Remodel (caIIed the Principal(s), as Principal(s), and fail f Tngurnnrt, (mmpanyr 5SS0 W_ Tmihv Avenue, Skokie, TL 60077 (hereinafter called the Surety(s), as Surety(s), are held and firml to%jth of Lubbock (hereinafter called the Obligee), in the amount ofOneHundredSevenThousandNineHursr���s�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 14thday of March .19 96 ,to Reroof Lubbock Senior Center, Lubbock, Texas 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 Gevernmcnt 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 _pp ri 1 19-9L Gulf Insurance Company Surety *By: A • /L �a-t�-f (Title) V.R. Damian, Jr. Attorney -in -Fact Jack Wirth dba: J. By: (Title) BY (Title) 1st day of W_ r r The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates V.R. Damian, Jr. an agent resident in I,V County to whom any requisite notices may be delivered and on whom scrvice r of process may be had in matters arising out of suc suretyship. Approved as to form: City of Lubbock By: i Attorney Gulf Insurance Canpany Surety Bp i O V . R. Damian, Jr Attorney —in —Fact * 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. 7 7 r r i STATE OF ILLINOIS COUNTY OF LAKE I, Tracy L. Snow, a Notary Public of Lake County, State of Illinois, do hereby certify that V.R. Damian, Jr. , Attomey-in-Fact of Gulf Insurance Canoany who is personally known to me to be the same person whose name f" i is subscribed to the foregoing instrument, appeared before me this day in person and (' acknowledged that he/she signed, sealed and delivered said instrument for and on behalf of Gulf Insurance CanPanY or the uses and purposes f therein set forth. Given under my hand and notarial seal at our offices in Northbrook, Illinois on this 1st day of April , 19 96 , A.D. My commission expires i rwww Nota Public OFFICIAL SEAL TRACY L SNOW NOTARY PUBLIC, S fATE OF ILLINOIS MY COMMISSION EXPIRES :12106/99 GULF INSURANCE COMPANY . KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN l CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: RESOLVED, that the President. Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as r' may be selected from time to time; and any such Attorney -in -'act may be removed p and the authority granted him revoked by the President, or any Executive Vice l President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and e documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint V.R. Damiano, Jr. BOND NUMBER GE PRINCIPAL NAME, ADDRESS CITY, STATE, ZIP Jack Wirth dba: J.W. Roofing & Remodeling 300 W. Broadway Plainview, TX 79072 April 1, 1996 $ 107,950.00 $ 107,950.00 ECTIVE DATE CONTRACT AMOUNT BOND AMOUNT its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attomey(s)-in-fact. pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000.000.00) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 10S FIANCE v PPORgrO°�A GULF INSURANCE COMPANY SEAL 4f.SSOV0 � GV STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) - On this 1st dayof February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being b me duly sworn did de and rY+ P Pe Y g Y Y P� say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described In and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that It was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. J� P K ERgi N07Agy ci I N9r �BL�G er Ursula Kerrigan r STATE OF NEW YORK ) FOF NE`A . 02 tZttalif►e New SM950County I )SS COUNTY OF NEW YORK ) Comm. Expires May 15, 1"7 111 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. 5upANCE C0 Signed and Seated at the City of New York. j ���oRPOPA o SEAT < �iSSOVP� / r i Dated the 1 St day of April , 1996 Lawrence P. Miniter Senior Vice President 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. 0. Box 149104 Austin, TX 78714-9104 FAX 1(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. No Text Bond No.: GE5783778 r STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $ 100,000) Jack Wirth dba: J.W. Roofing & Remodeling KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Gulf Insurance Company, 5550 W. Thuhy Ave., Skokie, IL 60077 (hereinafter called the Surety(s), as Surety(s), are held and firm t0 ity of Lubbock (hereinafter called the Obligee), in e the amount oDneHundredSevenThousandNineHunclft 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 ay of March , 19.96 to Reroof Lubbock Senior Center in Lubbock, Tx 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. , r1 WITNEiSS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this �tday of April , 19 96. n Gulf T.ri-surance Company Surety (Title) V.R. Damiano, Jr. Attorney -in -Fact Jack By: (Title) Remode r F The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates V.R. Damiano'Sran agent resident in k County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising ou o such suretyship. Gulf Insurance Ca npany Surety (Tide)V.R. Damian, Jr. Attorney -in -Fact Approved as to Form City of Lubbock By: i 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. rot. CERTIFICATE OF INSURANCE Apr-15-96 01:55P LOCKNEY INSURANCE AGENCY 806-652-2627 P.02 Aadhoin CERTIFICATE OF INSURANCE ISSUE DATE IWM1ODIYYI 41 04/04/96 RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND.. LOCKNEY INSURANCE AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P. 0. Box 68 LOCKNEY, TEXAS 79241 COMPANIES AFFORDING COVERAGE COMPANY A LETTER i ODE BUB•CODE COMPANY B INSURED LETTER r JOHN J. WIRTH DBA COMPANY C JW ROOFING & REMODELING LETTER P. 0. BOX 1084 COMPANY � PLAINVIEW, TEXAS 79073 LETTER COMPANY E LETTER CIMARRON INSURANCE COMPANY AMERICAN FIDELITY LLOYDS TEXAS WORKERS' COMPENSATION INSURANCE FUN1 Id-0VERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY MAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION S TYPE OF WIURANCE POLICY NUMBERPOLICY (MMJOD(YY) DATE (MM=1YY1 ALL LIMITS QLVjQA&NU GENERAL LIASIUTT GENERAL AGGREGATE S 1 500, X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOPS AGGREGATE S 1,500, CLAIMS MADE X OCCUR GLA 8521797 07/19/95 07/19/96PERSONAL A ADVRTISING INJUI( - 500, }( QWNEP'S i CONTRACTOR'S PRQT EACH OCCURRENCE S SO0 AUTOMOBILE LABILITY ANY AUTO X ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE I !ABILITY 7 EXCEIS LIABILITY e OTHER THAN UMBRELLA FORM BA 8133228 WORREA'BCOMPENISATION SPB 0001015754 F AND EMPLOYERS' LIA91LITY OTHER e INSTALLATION FLOATER BINDER FIOCRfPTION OF OPERATIONEILOCATIONENEMCLZIIRESTRICTIONVBPECIAL ITEMS s FIRE DAMAGE (Any pAs I rel S 50. MEDICAL EXPENSE EAny one ppgo�I S 5, COMBINED NG 05/08/95 05/08/96 UMTLE s 500, BODILY INJURY S (Per person) BDD1Y INJURY i (Psr ecewent) PROPERIY j DAMAGE EACH AGGREGATE OCCLAPENCE S s STATUTORY 05/10/95 05/10/96 S 100, (EACH ACCIDENT) $ 500. (DISEASE —POLICY LIMIT) S 100, {DISEASE —EACH EMPLOY) 04/01/96 04/01/97 $107,950.00 The City of Lubbock is named as an additional insured on policy nos. GLA 8521797 and BA 8133221 for the duration of Project no. 9050.924fi __.. L. *RTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Lubbock, Texas MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT F RE TO MAIL S)T NOTICE SHALL IMPOSE NO OBLIGATION OR r LIABILITY F ANt KIND UPON T,04E POMNNY, 1 ENTS OR REPRESENTATIVES_ AUTHOW24 11EP TENTT/ATIVE ISSUE DATE (MMJDD/YYI A1:111�I�. CERTIFICATE OF INSURANCE 04/04/96 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS i NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ' LOCKNEY INSURANCE AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P. 0. Box 68 LOCKNEY, TEXAS 79241 COMPANIES AFFORDING COVERAGE COMPA A CODE SUB -CODE LEERNYCIMARRON INSURANCE COMPANY fJ. COMPANY 6 INSURED LETTER AMERICAN FIDELITY LLOYDS ! JOHN J. WIRTH DBA COMPANY C JW ROOFING & REMODELING LETTER TEXAS WORKERS' COMPENSATION INSURANCE FUND P . 0. Box 1084 i�ea Y Q PLAINVIEW, TEXAS 79073 COMPANY E LETTER COVERAGES o I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS i CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i TYPE OF INSURANCE POLICY NUMBER �LTR POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MMlDQ/Y`I) DATE (MM/D0lYY) GENERAL LIABILITY GENERAL AGGREGATE S 1 , 500, I A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPSAGGREGATE f 1,SOO, CLAIMSMADE X OCCUR_ GLA 8521797 07/19/95 07/19/96 PERSONAL&ADVERTISING INJURY S 500, OWNER'S S CONTRACTOR'S PROT. EACH OCCURRENCE S 500, FIRE DAMAGE (Any one fire) i 50, MEDICAL EXPENSE (Anyone person) S 5 AUTOMOBILE LIABILITY COMB IN,L 1 i B ANY AUTO BA 8133228 LEED _ 05/08/95 05/08/96 LIMIT 500, y X ALL OWNED AUTOS BODILY X SCHEDULED AUTOS INJURY S i (Per person) f X HIRED AUTOS BODILY 1 �( NON -OWNED AUTOS IP P. rac � � {Pr accident) i GARAGE LIABILITY PROPERTY S DAMAGE 1 EXCESS LIABILITY r EACH AGGREGATE OCCURRENCE j S S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY SPB 0001015754 FOTHER A INSTALLATION FLOATER BINDER STATUTORY 05/10/95 05/10/96 S 100o(EAcHAccIDE" j S 500, (DISEASE —POLICY LIMIT) S 100, (DISEASE —EACH EMPLOYEE) 04/01/96 04/01/97 $107,950.00 1 F:,ESCRIPTION OF OPERATIONSILOCATIONSIVENICLESIRESTRICTIONWSPECIAL ITEMS Waiver of Segregation endorsement is in effect. 7 The City of Lubbock is named as an additional insured on policy nos. GLA 8521797 and ( BA 8132228 for the duration of Project no. 9050,9246 CERTIFICATE HOLDER CANCELLATION !•` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1I City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING CDMPANY WILL ENDEAVOR TO Lubbock, Texas MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTRE TO MAIL S H NOTICE SHALL IMPOSE NO OBLIGATION OR t -LIABILITYjjjjjj���'''���"'F AN _ KIND UPON T E OWN!Y�ENTS OR REPRESENTATIVES. r I CITY OF LUBBOCK INSURANCE REQUIREMENT AFF DAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. 6 ..� e Tzrignaa I Agent (Prmt)) I Name ofAgent/Broker: LOCKNEY INSURANCE AGENCY Address of Agent/Broker. P • 0. Box 68 City/State/Zip: Lockney, Texas 79241 AgentBroker Telephone #: ( 806 ) 652-3347 Date: April 3, 1996 CONTRACTOR'S NAME: John J. Wirth dba JW Roofing & Remodeling (Print or Type ) CONTRACTOR'S ADDRESS: P • 0. Box 1084 NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and 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)767-2165. BID #13481- LUBBOCK SENIOR CENTER - ROOF REPLACEMENT r i; 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 governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 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: r 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 l 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 S 12/440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employees 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; r f E. (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 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 (ii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (ii), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ L-L L--, L-.- 7 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of March,1996by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thercunto authorized to do so, hereinafter referred to as OWNER, and J.W. ROOFING & REMODELING of the City of Plainview, County of Hale, and the State of Texas, hereinafter termed CONTRACTOR, r F f 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 # 13481- LUBBOCK SENIOR CENTER - ROOF REPLACEMENT - $107,950.00 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 F I I F F I� 7 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: Corporate Secretary TITLE: nw txG kf'- COMPLETE ADDRESS: J.W. Roofing & Remodeling P.O. Box 1084 Plainview, Texas 79073 GENERAL COMMONS OF THE AGREEMENT fi FM GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. r" 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: J.W. ROOFING & REMODELING, who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and 7 GEORGE LISENBE, BUILDING & ENERGY ADMINISTRATOR who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not 7 directly supervise the Contractor or men acting in behalf of the Contractor. r 1 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 his inspection in accordance with the Notice to Bidders. s 5. 1-,MPItETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescnbed," 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 him who gives the notice. r i 9 10. 11. 12. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents 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. 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. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one dopy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the execu to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be i make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be rc the construction means, methods, techniques, sequences or procedures, or the safety precautions incident there efforts will be directed towards providing assurances for the Owner that the completed project will conform to requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform V accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner infc progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the 13. LINES AND GRADES d work and quired to )onsible for His e work in aed of the intractor. All lines and grades shall be famished by the Owner's Representative whenever 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 his 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 Imes and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's'' Representative at Contractor's expense. F 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which arc to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The 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 six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and arty necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING r It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of a 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of l the terms or obligations herein contained. r- is. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give 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 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 Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. C: Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve a the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES E It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at r Contractor's expense. ` 23. CHANGES AND ALTERATIONS r` 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 any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, 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 actual field cost of the work, plus fifteen (1 S%) percent. In the event said extra work be performed and paid for under Method (C), 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 r� the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The 7 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 1001/o, 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 him for his 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 he should receive compensation or an adjustment in the construction time, he shall 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). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract 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. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. . 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of 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, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons b or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this oontract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) 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 insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 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 prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 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 (with exclusion "c" waived) B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. This r- policy shall be submitted prior to contract execution. r 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 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned 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. Installation Floater Insurance The Contractor shall obtain a Installation Floater policy in the amount of 100% of the total contract price (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 0 00 on 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, 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (IVCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ❑406.096) - 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 pmject, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. ry P 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 S. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 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 arty coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor. (1) a certificate of coverage, prior to the other person beginning work on the project; and r (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 (1) - (7), 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. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project`• based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; r„ (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; r. (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 overage showing coverage for all governmental tow providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of overage r- showing extension of overage, 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 j" 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 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: . REQUIRED WORKERS' COMPENSATION COVER9GE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance: This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardle-ss of the identity of their .� employer or status as an employee:" i "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the i 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 overage agreements for all of its employees providing services on the 1.. project, for the duration of the project; f (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 language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor. (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY. EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the fiu therance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 7 r 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The *, Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the . Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is 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 harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' �'- Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work ! If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. T1ME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby. understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200 (TWO HUNDREDDOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change 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 of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is r agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TDAE AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 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 his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his 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 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. 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 judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTTI ES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract differ somewhat from these estimates, and that where the basis for payment under this may contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which �- has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses`incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 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 which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment 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; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less S% of the amount thereof, which S% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and -prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITBBELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractorprovides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writingwithin ten 10) after the date of delivery to Contractor of the final decision of the Owner's ( � �Y Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. �. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, i tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for f 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 arty rental or credit therefore (except when used in connection with Extra ! ` Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. r-; In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following ` elective manners: t (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 j been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to l 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. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the rase may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. `i In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the �••• site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the i r•: r Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. In rase the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 1001/6 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. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative 55. 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. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. No Text 17 Resolution #2502 January 8, 1987 Agenda Item #18 7 DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. Ranett oyd, City Secretary APPROVED T ONTENT: .- Bi 1 P,11 jyne ,0 rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourly Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series EXHIBIT 0 Prevailing Wage Rates Overtime Rate Hourly Rate $11.00 10.45 8.90 7.25 The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. No Text T E C H N I C A L S P E C I F I C A T I O N S ROOF REPLACEMENT FOR THE LUBBOCK SENIOR CENTER 2001 19TH STREET, LUBBOCK, TEXAS 79401 JOB NUMBER: 95 - 002 DATE: 12 - 29 - 96 STILES & STILES, ARCHITECTS 3307 AVENUE X LUBBOCK, TEXAS 79411 (806) 795 6431 SPECIFICATIONS INDEX ROOF REPLACEMENT FOR THE LUBBOCK SENIOR CENTER CITY OF LUBBOCK, TEXAS 2001 19th Street, Lubbock, Texas 79401 SPECIFICATIONS INDEX Section Number Section Title Index DIVISION 1 GENERAL REOUIREMENTS Section 01010 Special Conditions DIVISION 2 SITEWORK Section 02070 Roofing Demolition DIVISION 3 CONCRETE - Omitted DIVISION 4 MASONRY - Omitted DIVISION 5 METALS - Omitted DIVISION 6 WOOD AND PLASTICS - Omitted Section 06100 Rough Carpentry DIVISION 7 THERMAL AND MOISTURE PROTECTION Section 07212 Roof Insulation 07520 Modified Bitumen Roofing 07600 Flashing and Sheet Metal 07900 Caulking and Sealants DIVISION 8 DOORS AND WINDOWS - Omitted DIVISION 9 FINISHES - Omitted DIVISION 10 SPECIALTIES - Omitted DIVISION 11 EQUIPMENT - Omitted DIVISION 12 FURNISHINGS - Omitted DIVISION 13 SPECIAL CONSTRUCTION - Omitted DIVISION 14 CONVEYING SYSTEMS - Omitted DIVISION 15 MECHANICAL - Omitted DIVISION 16 ELECTRICAL - Omitted END OF INDEX Pages 1 2 4 3 3 6 2 2 1 iI SECTION 01010 - SPECIAL CONDITIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The Project consists of the Roof Replacement for the Lubbock Senior Center. 1. Project Location: 2001 19th Street, Lubbock, Texas 79401 2. Owner: The City of Lubbock, Texas B. Contract Documents, dated December 29, 1995 were prepared for the Project by Stiles & Stiles, Architects, 3307 Avenue X, Lubbock, 'Texas 79411. C. The Contractor shall supply all labor, materials, transportation, apparatus, Tight, energy, scaffolding and tools necessary for the entire proper and substantial completion of the work and shall install, maintain and remove all equipment of construction and other utensils or things and be responsible for the safe, proper and lawful construction maintenance and use of same, and shall construct in the best and most workmanlike manner these improvements and everything properly incidental thereto, as shown on Drawings, stated in Specifications or reasonably implied therefrom or in accordance with the Contract Documents. D. The Work will be constructed under a single prime contract, including mechanical and electrical work (if any). (� 1.3 WORK UNDER OTHER CONTRACTS A. Separate Contracts: The Owner maintains the right to award separate contracts for performance of certain construction operations at the site. Those operations may or may not be conducted simultaneously with work under this Contract. B. Cooperate fully with separate contractors so that work under those contracts may be carried out smoothly, without interfering with or delaying work under P- this Contract. ` 1.4 WORK SEQUENCE r^ A. The Work will be conducted in One single phase. i t 1. All work shall be fully completed within the consecutive calendar days set forth in the General Instructions To Bidders. 2. A "Notice To Proceed" shall be issued by the City of Lubbock. 1.5 CONTRACTOR USE OF PREMISES A. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to areas within contract limits indicated. Do not disturb portions of the site beyond the areas in which the Work is indicated. 1. Owner Occupancy: Allow for Owner occupancy and use by the public. tW POW 01010 - 1 I 2. Driveways and Entrances: Keep driveways and entrances serving the premises clear and available to the Owner, the Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site. B. Use of the Existing Building: Maintain the existing building in a weathertight condition throughout the construction period. Repair damage caused by construction operations. Take all precautions necessary to protect the building and its occupants during the construction period. 1.6 OCCUPANCY REQUIREMENTS A. Full Owner Occupancy: The Owner will occupy the site and existing building during the entire construction period. Cooperate with the Owner during construction operations to minimize conflicts and facilitate owner usage. Perform the Work so as not to interfere with the Owner's operations. 1.7 EXAMINATION OF SITE A. Bidders are required to visit the site and examine each roof surface and component of the building. Bidders shall verify all dimensions and compare the drawings and specifications with existing conditions. The bidders will inform themselves of all conditions which will affect this work. Failure of the successful bidder to do so will in no way relieve the bidder from the necessity of furnishing any materials, labor, or equipment, or performing any Work that may required to complete work in accordance with drawings and specifications, without additional cost to the Owner. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01010 01010 - 2 SECTION 02070 - ROOFING DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions, Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY OF WORK A. This Section includes the following: 1. Removal of all layers of existing built-up roofing and wood fiberboard to concrete deck. a. Corings of existing roof by Owner's representatives indicate three (3) separate layers of built-up roofing on all areas of the roof. b. Approximate thickness of existing roofing materials to be removed is 3 1/2". C. Each bidder shall be permitted to make additional corings (and other tests) to verify the accuracy of the Drawings and existing conditions which will affect demolition operations. 2. Removal of all existing metal copings, cant strips, pitch pans, vent flashings, flue flashings, base flashings, counter flashings and similar items which conflict application of new roofing system.. 3. Removal and reinstallation of existing flues, rain caps, light fixtures and similar devices where indicated on the Drawings. -4. Removal of selected portions of existing tongue and groove redwood siding applied over existing stone parapet walls. 5. Removal of parapet wall flashing containing asbestos materials. 1.3 DEFINITIONS A. Remove Remove and legally dispose of items except those indicated to be reinstalled, salvaged, -or to remain the Owner's property. B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's property. Remove items indicated and protect against damage. Deliver salvaged items to Owner's designated storage area located on the site. C. Remove and Reinstall: Remove items where necessary to preform demolition operations. Store and protect against damage. Reinstall items in the same locations or in locations indicated. D. Existing to Remain: Existing construction items to be protected against damage and soiling during demolition operations. When indicated, items may require be raised and/or relocated during demolition operations and reinstalled in new or original locations. 1.4 MATERIALS OWNERSHIP A. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. f 02070 1 B. Items indicated to remain the Owner's property.• Carefully remove and salvage each item in a manner to prevent damage and deliver promptly to the Owner. 1.5 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections, for information only, unless otherwise indicated. B. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by selective demolition operations. 1.6 QUALITY ASSURANCE A. Firm Qualifications: Engage an experienced firm that has successfully completed roofing demolition work similar to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations -before starting roofing, demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. 1.7 PROJECT CONDITIONS A. Owner will occupy all r portions of the building. Conduct demolition operations so that Owner's operations will not be disrupted. Provide not less than 72 hours notice to Owner of activities that will affect Owner's operations. B. Owner assumes no responsibility for actual condition of roof areas to be removed. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Asbestos: It is expected that asbestos will. be encountered in existing parapet wall flashing. Materials containing asbestos shall be removed and legally disposed of by the Contractor in accordance "with local rules and governing ordinances. 2. It shall -be the responsibility of the Contractor to verify asbestos abatement requirements with the proper local authorities. D. Storage demolition materials on -site will not be permitted. 1.8 SCHEDULING A. Arrange roofing demolition operations so as not to interfere with Owner's on -site operations. PART 2 - PRODUCTS PART 3 EXECUTION 3.1 EXAMINATION A. Survey existing conditions and correlate with requirements indicated to determine extent of demolition required. B. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged (if any). 02070 - 2 a I� 3.2 UTILITY SERVICES A. Maintain existing utilities (gas and electrical service) to roof top units. All roof top units are to remain in service and shall be protected against damage during roof removal operations. 1. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to Owner and to governing authorities. a. Provide not less than 72 hours notice to Owner if shutdown of service is required during changeover. 3.3 PREPARATION A. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. B. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around selective demolition area. 1. Provide temporary weather protection, during interval between demolition and removal of existing construction, on exterior surfaces to ensure that no water leakage or damage occurs to structure or interior areas. 2. Protect existing exterior walls and other existing finish work that is to remain during demolition operations. r C. Where required,, erect and maintain dustproof partitions and temporary enclosures to limit dust and dirt migration into existing building. 1. Protect air -handling equipment. D. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing r- before start of demolition. t 3.4 ROOFING DEMOLITION i A. Demolish and remove all existing layers of built-up roofing, insulation, metal copings, flashings and other roofing components as indicated on the Drawings. Use methods required to complete Work within limitations of governing regulations and as recommended by roofing product manufacturers (if any). v� 1. Where required, neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. To minimize disturbance of adjacent surfaces, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Temporarily cover openings to remain. 3.5 PATCHING AND REPAIRS A. Promptly patch and repair damaged surfaces caused to adjacent construction by roofing demolition operations. r 9 02070 - 3 3.6 DISPOSAL OF DEMOLISHED MATERIALS A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on -site. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. END OF SECTION 02070 02070 - 4 I, SECTION 06100 - ROUGH CARPENTRY FPART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Instructions to 'Bidders, General Conditions, Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Wood grounds, nailers, blocking and plywood panels. 2. Miscellaneous framing and items for temporary closures, guards, runways and ladders. 1.3 DEFINITIONS A. Rough carpentry includes carpentry work not specified as part of other Sections and generally not exposed, unless otherwise specified. 1.4 PROJECT CONDITIONS A. Coordination: Fit carpentry work to other work; scribe and cope as required for accurate fit. Correlate location of furring, nailers, blocking, grounds and similar supports to allow attachment of other work. ' PART 2 - PRODUCTS 2.1 LUMBER, GENERAL A. Lumber Standards: Furnish lumber manufactured to comply with PS 20 "American Softwood Lumber Standard" and with applicable grading rules of inspection agencies certified by American Lumber Standards Committee's (ALSC) Board of Review. r Y 2.2 WOOD PRESERVATIVE TREATMENT A. General: Where lumber or plywood is indicated or scheduled as "Treated �,.., Wood" or specified herein to be treated, comply with the applicable requirements of the American Wood Preservers Association. (AWPA). Comply with AWPA C2 for lumber and AWPA C9 for plywood. Mark each treated item with the Quality Mark Requirements of an inspection agency approved by ALSC's Board of Review. B. Pressure treat the following items with water -borne preservatives for above ground use: 1. Wood cants, nailers, curbs, equipment support bases, blocking, stripping and similar members in connection with roofing work. 2. Plywood in connection with roofing work, APA, EXT (treated), B-C, of thickness noted on the Drawings. 3. Kiln -dry wood to a maximum moisture content of 15% after treatment with water -borne preservatives. p� C. Inspect each piece of treated lumber or plywood after drying and discard damaged or defective pieces. (r" 2.3 MISCELLANEOUS LUMBER A. General: Provide lumber as required for temporary support or attachment of construction items, barriers, closures and similar members. Poll B. Fabricate miscellaneous lumber from dimension lumber of sizes indicated and "t into shapes shown. 06100 - 1 i C. Moisture content: 19 percent maximum for lumber items not specified to receive wood preservative treatment. D. Grade: "Standard" grade light -framing -size lumber of any species or board - size lumber as required. "No. 3 Common" or "Standard" grade boards per WCLIB or WWPA rules or "No. 2 Boards" per SPIB rules. 2.4 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this article for material and manufacture. 1. Where rough carpentry is exposed to weather, use with exterior treated wood, or in area of high relative humidity, provide fasteners with a hot -dip zinc coating per ASTM A 153. B. Nails, Wire, Brads, and Staples: FS FF-N-105. C. Power Driven Fasteners: National Evaluation Report NER-272. D. Wood Screws: ANSI B18.6.1. E. Lag Boltsz ANSI B18.2.1. (ANSI B18.2.3.8M) F. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568, Property Class 4.6); with ASTM A 563 (ASTM A 563M) hex nuts and where indicated, flat washers. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Discard units of material with defects that impair quality of rough' carpentry construction and that are too small to use in fabricating rough carpentry with minimum joints or optimum joint arrangement. B: Set rough carpentry to required levels and lines, with members plumb and true to line and cut and fitted. C. Fit rough carpentry to other construction; scribe and cope as required for accurate fit. Correlate location of furring, nailers, blocking, grounds, and similar supports to allow attachment of other construction. D. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated. E. Countersink nail heads on exposed carpentry workandfill holes. F. Use common wire nails, unless otherwise indicated. Use finishing nails for finish work. Select fasteners of size that will not penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections between members. Install fasteners without splitting of wood; predrill as required. 3.2 WOOD GROUNDS, NAILERS, BLOCKING, AND SLEEPERS A. Install wood grounds, nailers, blocking, and sleepers where shown and where required for screeding or attachment of other work. Form to shapes as shown and cut as required for true line and level of work to be attached. Coordinate location with other work involved. B. Attach to substrates as required to support applied loading. Countersink bolts and nuts flush with surfaces, unless otherwise indicated. Build into masonry during installation of masonry work. Where possible, anchor to formwork before concrete placement. C. Install permanent grounds of dressed, preservative treated, key -bevelled lumber not less than 1-1/2 inches (38 mm) wide and of thickness required to bring face of ground to exact thickness of finish material involved. Remove temporary grounds when no longer required. 06100 - 2 3.3 INSTALLATION OF PLYWOOD AT PARAPET WALLS: A. Where new exterior treated plywood is indicated to be applied over existing plywood, the Contractor shall test all such existing members to insure they are firmly attached to existing stone parapet wall. 1. Prior to installation of new plywood, renail or reanchor all loose existing members as required. B. Install plywood panels plumb and level with sealed edges at openings (if any). Shim with wood as required for tolerance of finished work. C. Furring Members: Unless otherwise indicated, provide exterior treated 2" x 4" furring members at 24" o.c., horizontally. END OF SECTION 06100 06100 - 3 1 SECTION 07212 - ROOF INSULATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions, Special Conditions and Division 1 Specifications Sections, apply to this Section. 1.2 DESCRIPTION OF WORK A. The extent of roof insulation work is shown on the Drawings and specified herein. B. The work'includes the mechanically fastening of rigid insulation to existing wood or steel roof deck (if any). C. The work includes the mopping of tapered roof insulation board and fill insulation board over existing concrete deck. D. Furnish all incidentals necessary for the satisfactory completion of the work. 1.3 QUALITY ASSURANCE A. The roof insulation work shall be done by a single firm so that there will be undivided responsibility for the specified performance of all ! component parts specified in Sections 07212, 07520, 07600 and 07900. B.' All work shall be installed in strict accordance with the manufacturer's directions for the indicated conditions. C. All materials, work and systems shall be in accordance with the requirements of the roofing system manufacturer to permit the issuance of the ten (10) year guarantee specified in Section 07520 "Modified Bitumen Roofing". D. Roofing insulation attachment shall meet the requirements of Factory Mutual I-90 standards. r1.4 SUBMITTALS A. Submit manufacturer's product specifications, installation instructions and general recommendations for the roofing insulation products required. Include data substantiating that the materials comply with specified l l requirements, including evidence of required "R" values. Indicate that the Installer has received a copy of the manufacturers instructions. r B. Submit a sample section of all required roof insulation materials. t C. Submit tapered insulation layout as provided by insulation manufacturer. r" D. Submit manufacturer's product specifications for mechanical fasteners including installation instructions and data substantiating that the ` fastener meets the requirements of this section. Submit manufacturer's specifications for each type of fastener required for each type of P— structural deck substrate encountered. 1.5 STORAGE A. Store insulation materials on wood pallets above the ground in a manner s which will ensure that there is no possibility of significant moisture ( penetration into the materials. Store in a dry, well ventilated, weathertight place. B. Do not store roofing materials on the roof deck in concentrated areas which will impose excessive stress on the deck or structural members. �. 07212 1 PART 2 - PRODUCTS 2.1 MATERIALS A. Asphalt Primer shall conform to ASTM D-41. B. Bitumen shall be airblown asphalt manufactured especially for roofing purposes complying with the current edition or latest revision of ASTM specification D-312, Steep _Grade, Type III. C. Tapered perlite roof system insulation shall comply with ASTM Standard C728 and UL Class A, and be equal to GAFTEMP Peralite Roof Insulation as manufactured by the GAF Materials Corporation. Slope shall be 1/4" per foot. Minimum average R value shall be 20. D. Tapered edge strips shall be equal to GAFEDGE Tapered Edge Strips as manufactured by GAF Materials Corporation. Size as indicated on Drawings or as required by existing conditions. E. Fill insulation where required by tapered roof system shall be perlite rigid insulation board complying with ASTM C728 and UL Class A.. Thickness shall be 1/2 inch or as required to comply with tapered insulation layout. F. Fasteners shall be appropriate for purpose intended and approved by both Factory Mutual and insulation manufacturer in lengths required for thickness of material. PART 3 - EXECUTION 3.1 INSTALLATION OF ROOF INSULATION A. All roof insulation work shall be done in strict accordance with the instructions, layout and recommendations of the manufacturer. If printed instructions are not available or do not apply to the project conditions, consult the manufacturer's technical representative for specific recommendations before proceeding with the work. B. Do not overload the building structure with the storage of materials or use of equipment on the deck. C. Do not proceed with the installation of insulation unless the materials, equipment and tradesmen required for the installation of the roofing insulation and membrane over the insulation are on the project site and ready to follow with this work immediately (same day) behind the work. Do not install any more insulation each day than can be covered with waterproof membrane by the end of that working day. D. Prepare the substrate so that it is dry, clean, relatively smooth and otherwise satisfactorily prepared to receive the roof insulation board. E. where noted on the Drawings or required by field conditions, mechanically fasten the rigid composite_ insulation board to the metal deck in strict accordance with the manufacturer's instruction and recommendations. F. Install fill insulation and tapered insulation in a full bed of hot asphalt in the areas and configurations shown on the Drawings to achieve the 1/4 inch per 12 inch slope. G. At all multiple -layer applications, offset all joints of each layer a minimum of 6 inches from all joints of the preceding layer. H. Extend insulation full thickness over the entire surfaces to be insulated. Cut and fit tightly around obstructions, and fill voids with insulation. I. The long dimension of the insulation boards shall generally run perpendicular to the roof slope and the short joints shall be staggered. J. Mopping asphalt shall be heated to between 375 degrees and 425 degrees F. at the point of application (mop bucket, mechanical mopper or felt layer). Asphalt shall not be heated above 525 degrees F. nor held above 500 degrees F. for more than 4 hours. 07212 - 2 K. Each board of insulation shall be walked into place and shall be physically checked by workmen for proper adhesion. L. The insulation shall be butted together with no gaps greater than 1/4 inch. Gaps greater than 1/4 inch shall be filled with the same material. M. Form slight depressions at roof scuppers and roof drains with insulation approximately 1/2" less in thickness than for adjacent roof areas so that finished roofing will not be above adjoining areas. N. The Contractor is cautioned that any insulation that becomes wet for any reason shall be rejected from the project site. The Contractor shall install temporary watercutoffs at the end of each day. Leakage at this point is the sole responsibility of the Contractor. Any material that becomes wet shall be removed and discarded, and shall be replaced. Water cutoffs shall be removed when work is resumed. END OF SECTION 07212 F ,I I 07212 - 3 0 SECTION 07520 - MODIFIED BITUMEN ROOFING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions, Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY OF WORK A. The extent of modified bitumen roofing work is shown on the Drawings and specified herein. B. This Section includes the following: 1.. Modified bitumen roofing system with mineral granule surfacing. 2. Roofing asphalt. 3. Associated flashing materials. 4. Miscellaneous items specified in this section. C. Related Sections: The following sections contain requirements that relate to this Section: 1. Division 2 "Roofing Demolition" for removal of existing roofing. }^ 2. Division 6 Section "Rough Carpentry" for treated wood members. j 3. Division 7 Section "Roof Insulation" for tapered insulation system. 4. Division 7 Section "Flashing and Sheet Metal" for metal copings and counter flashings. 1.3 QUALITY ASSURANCE A. Manufacturer Qualifications: Obtain primary products, including each type of roofing sheet, bitumen, membrane flashings, and vapor retarder (if any), from a single manufacturer. Provide secondary products as recommended by manufacturer of primary products for use with roofing system specified. B. Installer Qualifications: Engage an experienced Installer (Roofer) who is r certified by modified bituminous sheet roofing system manufacturer as qualified to install manufacturer's roofing materials. 1. Installer's Field Supervision: Require Installer to maintain a full- time supervisor/foreman on job site during times that modified t bituminous sheet roofing work is in progress and who is experienced in installation of roofing systems similar to type and scope required for this Project. r C. All work shall be installed in strict accordance with the manufacturer's directions for the indicated conditions. k 1.4 REGULATORY REQUIREMENTS 1'^ A. Provide Underwriters Laboratories, Inc. (UL) Class A Fire Hazard Classification. r. I B. Provide Underwriters Laboratories, Inc. 90 Wind Uplift Rating. 1.5 ROOFING SYSTEM PERFORMANCE REQUIREMENTS A. Roofing' Systems shall be equal to TAMKO Asphalt Products modified bitumen system, with Versa -Base modified base sheet, Awaplan Premium FR membrane, equal to, Specification No.107FR. B. The following roofing systems are approved for the work of this section provided that all other conditions of this Section 07520, including the system warranty and membrane warranty specified in other portions of this Specification, are met and warranties issued: �+ f 1. GAF system with Ruberoid MB Plus FR membrane. �„ 07520 - 1 2. Manville system with DynaKap FR membrane. 3. US Intec, Inc. system with BraiFlex FR 4.5 membrane. 4. Nord Bitumi system with Nord Flex FR membrane. 5. Performance Building Products system with Permax B-FR membrane. 6. The reinforcing mat in the modified bitumen membrane shall be partially or wholly constructed of polyester and shall weigh a minimum of 250 grams per square meter. 1.6 SUBMITTALS: A. Submit manufacturer's technical product data, installation instructions and recommendations for each type of roofing product required. Include data substantiating that materials comply with requirements. B. Submit manufacturer's certification indicating that bulk bituminous materials delivered to the project comply with the required standards. 1.7 WARRANTY A. Manufacturer's Warranty: At the completion of the project and prior to final payment, the Contractor shall furnish three (3) copies of the manufacturer's unlimited ten (10) year warrantee covering materials and workmanship for the roofing and base flashing systems, equal to that issued by TAMKO Asphalt Products. Warranty shall cover leaks which result from either material or workmanship defects, shall no be subject to a deductible, and shall not be prorated. Warranty coverage shall include repairs to the roofing system to a water tight condition. B. Product Warranty: Submit two (2) executed copies of 12 year product warranty for the modified membrane material from the roofing manufacturer. Warranty shall cover leaks which result from material defects, shall not be subject to a deductible, and shall contain no maximum penal sum. C. Installer Warranty: Submit two (2) executed copies of standard two-year workmanship warranty which will include all roofing membrane, membrane flashing, roof insulation, flashings and roofing accessories. 1.8 DELIVERY, STORAGE, AND HANDLING A. Store and handle roofing sheets in a dry, well -ventilated, weatherproof place to ensure no possibility of significant moisture pickup. Store rolls of felt and other sheet materials on end on pallets or other raised surface. B. Do not leave unused felts and other sheet materials on the roof overnight or when roofing work is not in progress unless protected from weather or other moisture sources. C. Handle and store materials or equipment in a manner to avoid significant or permanent deflection of deck. 1.9 PROJECT CONDITIONS A. Weather Condition Limitations: Proceed with roofing work only when existing and forecasted weather conditions will permit unit of Work to be installed in accordance with manufacturers' recommendations and warranty requirements. 1.10 SEQUENCING AND SCHEDULING A. Sequence installation of modified bituminous sheet roofing with related units of Work specified in other Sections to ensure that roof assemblies, including roof accessories, flashing, trim, and joint sealers, are protected against damage from effects of weather, corrosion, and adjacent construction activity. PART 2 - PRODUCTS 07520 - 2 2.1 MATERIALS A. All materials shall be acceptable to the manufacturer of the roofing system installed. B. Provide roofing materials which comply with the following general standards or as recommended by the roofing system manufacturer. C. Roofing System Materials: 1. Bitumen shall be airblown asphalt manufactured especially for roofing purposes complying with the current edition or latest revision of ASTM Specification D 312, Steep .Grade, Type III. 2. Modified Base Sheet shall be equal to TAMKO VERSA -BASE. 3. Modified Bitumen Membrane shall be equal to TAMKO AWAPLAN PREMIUM FR granule surfaced modified bitumen membrane, color shall be white. 4. Torch Applied Flashing Ply shall be equal to TAMKO AWAPLAN Heat Welding granule surfaced modified bitumen membrane, color shall be white. i 5. Walkway Pads shall be equal to TAMKO AWAPLAN PREMIUM FR, white granule surface. D. Miscellaneous Materials: 1. Plastic Cement: [I a. Equal to, TAMKO "Plastic Roofing Cement (No.881)", ASTM D-2822, [[ FS SS-C-153, Type I. b. Equal to, TAMKO "Heavy Flashing Cement (No.885)", ASTM D-2822, FS SS-C-153, Type I. C. Equal to, TAMKO "Wet or Dry Surface Plastic Roof Cement (No.889). 2. Asphalt Primer shall comply with ASTM D 41. 3. Fasteners, where required, shall be galvanized or non-ferrous type, size and design as required to suit application. 4. Preformed Cant shall be 40'x 4" with 45 degree angle molded asphalt impregnated organic fiber or fire resistant perlite. 5. Expansion joint covers shall be equal to Manville, style as indicated on the Drawings, EPDM bellows, copper flanges, in sizes to meet the conditions required. 6. Termination 'Bars shall be 3/16" x 1 1/2" minimum aluminum bar, with predrilled holes for fasteners at 6" o.c. and 1" from ends. 7. Pipe and Conduit Supports shall be equal to Miro-Pipe Stands Model 02 (6" minimum height) spaced 10'-0" o.c. maximum. 8. Provide all additional materials required by the roofing system manufacturer to allow the issuance of the Ten (10) Year NDL Roofing System Guarantee. l PART 3 - EXECUTION 3.1 EXAMINATION A. The old roofing system must be torn completely off down to the roof deck. Verify deck is dry, sound, clean and smooth, free of depressions, waves, or projections, properly sloped to drains. B. Examine substrate surfaces to receive modified bitumen sheet roofing system and associated work and conditions under which roofing will be installed. Do not proceed with roofing until unsatisfactory conditions have been corrected in a manner acceptable to Installer. 07520 - 3 1. Test concrete substrate for excessive moisture by pouring l pint of hot bitumen at 400 deg F or EVT on deck at start of each day's work and at start of each roof area; or plane. Do not proceed with roofing work if test sample foams or can be easily and cleanly stripped after cooling, substrate is too wet. 3.2 GENERAL INSTALLATION REQUIREMENTS A. All modified bitumen roofing materials and construction shall be done in strict accordance with the manufacturer's instructions and recommendations. If printed instructions are not obtainable or do not apply to the project conditions, consult the manufacturer's technical representative for specific recommendations before proceeding with the work. 3.3 SUBSTRATE PREPARATION A. Before ply application is started, prepare surface by removing trash, debris, grease, oil, water moisture and contaminates affecting bond of asphalt to surface. B. Verify that surfaces are dry per respective manufacturer's or applicator's published instructions. C. Prepare other surfaces according to respective manufacturer's of applicator's published instructions. D. Use cleaning materials necessary to render an acceptable surface. E. Use compatible materials on voids and joints so finished deck surface will be even and smooth. F. Protect adjacent areas with tarpaulin or other durable materials. G. Prepare properly for flashing and secure in position any projection through the roof deck. Install new metal flashings, fascias, gravel guards and other items as required. Ensure roof drains, etc., are at proper height to permit water to drain properly without ponded water. H. Inspect all parapet walls, roof edges, etc. prior to application of roofing to make sure.that proper provisions have been made to install metal roof edges, etc. I. Do not apply roofing if damp weather is imminent or if any other conditions exist that will not permit proper applications. Do not apply roofing when moisture is present in the deck. 3.4 WORKMANSHIP A. Protect any lifting point on the roof or deck where roofing materials are transferred from one container to another with two sheets of 4' x 8' x 5/8" plywood laid with long edges together covered with base sheet overlapping all sides four feet and up and over the parapet. B. Repair any damaged areas of base sheet by applying a patch with mopping of hot asphalt overlapping the damaged area 12" on each side. C. Furnish a thermometer for checking temperature of asphalt in the kettle and at the point of application to the roof deck. D. Asphalt heating and application shall be in accordance with ASTM D312. Type III Steep Asphalt and Type IV Special Steep Asphalt shall not be heated above 525 degrees F. nor held above 500 degrees F. for more than 4 hours and shall be applied at temperatures between 375 degrees F. and 425 degrees F. unless specifically instructed otherwise by the roofing system manufacturer. E . Provide. temporary water cut-offs at the end ' of each day' s work. Remove temporary water cut-offs cleanly when work is resumed. 3.5 MEMBRANE ROOF INSTALLATION A. Membrane Over Insulated Deck 1. Starting at the low point of the roof, embed one ply of equal of 07520 - 4 modified base sheet with minimum of 2" side laps and a minimum of 4" end laps into a full mopping of hot, steep asphalt at a minimum rate of 23 pounds per 100 square feet. Broom to obtainembedment of the base sheet. 2. Starting at the low point of the roof, solidly adhere one ply of, equal to, TAMKO AWAPLAN PREMIUM FR membrane by mop applying with minimum 4" side laps and minimum 6" end laps. All laps shall be checked and sealed while the modified bitumen is still in a semi -fluid state from roll application. A minimum of 1/4" flow of asphalt must extend beyond all edges. Asphalt application rate shall be a minimum of 30 pounds per 100 square feet. Asphalt temperature shall be not `t less than 400 degrees F at point of application. Do not mop more than 4 feet in front of roll. Remove factory splices of modified asphalt sheet materials prior to installation or cover factory splices in the field with a 12" width of modified asphalt sheet material set in hot asphalt. 3. Apply membrane without wrinkles or tears, free from air pockets. 4. Extend membrane up cant strips and a minimum of 2 inches onto vertical ' surfaces. 5. At the end of each day install water cut-off consisting of one ply of coated base sheet installed in mopping of asphalt extending onto the deck a minimum of 6 inches. Cover all exposed edges of insulation. Completely remove cut-off before resuming roofing. 6. Seal membrane around roof penetrations. tl_ 3.6 FLASHINGS A. All new base and parapet fleshings shall be mop applied material and system. B. Apply membrane base fleshings to seal membrane to vertical elements. Extend a minimum of 6 inches onto field of roof surface and a minimum of 8 inches up vertical surface being flashed. Secure top edge at 8 inches on center. C. Apply modified bitumen parapet flashing in strict accordance with the manufacturer's written requirements and recommendations. �^ D. At roof drains, terminate courses of membrane and hot bitumen at edges of �I drain. Trim surface of insulation of deck where necessary so that roofing 1 is flush with ring of drain. E. Set metal flanges as recommended by the roofing materials manufacturer. F. See Section 07600 for miscellaneous sheet metal accessory items to be installed in the work. G. Provide all accessories and materials to provide a complete watertight installation of the expansion joint cover. 3.7 TERMINATION BARS A. Termination bars shall be fastened at a minimum spacing of 6 inches on center with a fastener 1 inch from each end. B. Joints between runs of termination bars shall be 1/4" wide. C. Termination bars shall have a continuous bead of sealant applied at the top of the bar which completely seals the bar and the edges of the flashing membrane. 3.8 WALKWAY PADS A. Provide walkway pads where shown on the Drawings, at each service side of all roof top mechanical units, and at other locations required by the Roofing System Manufacturer. B. Adhere pads to the modified bitumen membrane in a full mopping of hot asphalt. 07520 - 5 3.9 PIPE AND CONDUIT SUPPORTS A. Provide support stands for all existing ,gas piping ;and electric conduit. Install in accordance with instructions of the Roofing System Manufacturer. B. Where required, the Contractor shall extent, raise or relocate existing gas lines and electrical conduit serving existing roof top equipment.. 3.10 CLEANING A. At completion of work under this section, all rubbish accumulated by these operations shall be removed from the site. B. Remove all stains of every nature from all surfaces stained by the roofing operations. If stains cannot be removed, the affected areas shall be replaced with new material matching the existing material. C. Remove all equipment, tools and excess materials from site. 3.11 PROTECTION A. Protect building surfaces against damage from roofing work. B. Where traffic must continue over finished roof membrane, protect surfaces from damage. END OF SECTION 07520 07520 - 6 SECTION 07600 - FLASHING AND SHEET METAL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The general provisions of the Contract, including General Instructions to Bidders, General Conditions, Special Conditions and Division 1 Specification Sections, apply to this Section. I III 1.2 DESCRIPTION OF WORK A. Provide all nails and any other items necessary for the satisfactory completion of the work. Integrate this work with a watertight installation. roofing work to provide B. Areas where fleshings and sheet metal work is to be done is shown and noted on the Drawings and specified herein. ►• 1.3 QUALITY ASSURANCE A. The flashing and sheet metal work shall be done by a single firm specializing in the types of roofing required so that there will be undivided responsibility for the specified performance of all component parts specified in sections, 07212, 07520, 07600, and 07900. B. All work shall be installed in strict accordance with the manufacturer's directions for the indicated conditions. 1.4 SUBMITTALS A. Submit manufacturer's product specifications installation instructions and general recommendations for each type of product required. Include data substantiating that materials comply with requirements. PART 2 - PRODUCTS 2.1 MATERIALS A. Metal copings, gravel guards, flashing, flanged hoods and similar shapes shall be fabricated from 24 gauge sheet steel equal to MBCI prefinished metal coated with Kynar 500 coating in a standard color selected by the Architect. B. Surface mounted reglets shall be standard 26 gauge galvanized metal units, equal to, Springlock Flashing System Type SM - Surface Mounted Reglets as manufactured by Fry Reglet Corporation. 1. Provide matching factory produced outside and inside corners as required by roof conditions. C. Nails and fastening devices shall match metal finish. D. Plastic cement shall be equal to Federal Specification SS-C-153, Type 1. E. Lead flashing shall be sheet lead weighing not less than 4 pounds per square foot. 2.2 FABRICATION A. Form sheet metal on a bending brake. Do all shaping, trimming and hand seaming on the bench with proper sheet metal working tools. B. Make angle bends and folds for interlocking the metal with full regard for expansion and contraction to avoid buckling or fullness in the metal after r it is installed. C. Set metal already partly formed in place and fasten to structure by means of cleats. D. Fabricate supplementary parts necessary to complete each item. 07600 - 1 r E. Form materials to shape indicated with straight lines, sharp angles and smooth curves. F. Set sheet metal items level, true to a line, plumb unless otherwise shown or indicated. G. Hem all edges of sheet metal work a minimum of 1/2" so no raw edges of metal will be exposed. PART 3 - EXECUTION 3.1 PREPARATION A. Examine all surfaces that are to receive reinstalled or new flashing and sheet metal work before starting installation. Surfaces shall be smooth, firm, dry and free from dirt and foreign materials. Correct defects that would prevent proper installation of sheet metal. Drive all nails flush with surface. B. Keep work clean at all times and free of debris. C. Proceeding with work shall be construed as evidence that surfaces to receive flashing and sheet metal are satisfactory_. D. Verify all dimensions and take all measurements necessary at the site before fabrication of new sheet metal items to ensure proper fit in the construction. 3.2 INSTALLATION A. Installation shall be in strict accordance with the instructions and recommendations of the Roofing System Manufacturer and SMACNA. B. All sheet metal shall be fabricated and installed to provide water and weathertight construction, set plumb, square and true in every respect. Sheet metal shall be set with lines and align sharp and true; plain surfaces shall be free of waves and buckles. Joints and seams in plain surfaces shall be avoided where possible. C. Sheet metal work in connection with membrane roofing shall be set in place after the membrane is in place and bedded as recommended by the roofing system manufacturer. D. Where sheet metal is in contact with other metal of different composition, the two metals shall be separated by a layer of felt set in a heavy coating of plastic cement. E. All other flashing shown or required for waterproof installation shall be provided and installed in accordance with good practice for permanence and appearance. F. Construct roof drain flashing ring from sheet lead and install in strict accordance with the instruction of the roofing system manufacturer. G. Extend roof drain flashing flange a minimum of 18 inches out on roof deck. H. Extend lead flashing down into vent stacks. 3.3 CLEAN-UP A. Remove excess plastic cement, sealant materials and smears from adjacent surfaces and working surfaces as work progresses. B. On completion of work, recheck for spillage or droppings of plastic cement or asphalt products. Remove with a cleaning agent approved by the Architect. C. Remove all debris resulting from these operations from the site. END OF SECTION 07600 07600 - 2 SECTION 07900 - CAULKING AND SEALANTS f PART 1 - GENERAL h 1.1 RELATED DOCUMENTS I A. Drawings and general provisions of the Contract, including General I Instructions to Bidders, General Conditions, Special Conditions and ' Division 1 Specifications Sections, apply to this Section. r" 1.2 DESCRIPTION OF WORK A. Perform all work required to complete the joint packing or filler, priming, caulking and sealing indicated by the Drawings and specified r. herein, including sealant at exterior masonry walls. B.. Furnish all supplementary items necessary to complete weatherproof the building in those areas associated with the roofing and flashing work. r. 1.3 RELATED WORK r A. Section 07520 Modified Bitumen Roofing r B. Section 07600 Flashing and Sheet Metal 1.4 QUALITY ASSURANCE A. Sealant material manufactured by any of the following manufacturers is acceptable provided it complies with the requirements of this section. 1. Pecora Chemical Corporation 2. Sonneborn Building Products, Inc. 3. Products Research and Chemical Corporation 4. Tremco Manufacturing company 5. W. R. Grace and Company 6. General Electric Company 7. Mameco International, Inc. S. Gibson-Homans Company 1.5 DELIVERY AND STORAGE A. Deliver materials in unopened containers as packaged by the manufacturer. Store in a manner to protect materials from the weather. 1.6 SUBMITTALS A. Submit manufacturers published data for sealants. Show each color available. Color selection for each sealant shall be by the Architect. B. When requested by the Architect, submit samples of cured sealants and a 6' long sample of each type of joint backup if required. PART 2 - PRODUCTS 2.1 MATERIALS A. Sealant at applications other than in contact with modified bitumen ,,.. roofing membrane shall be equal to Vulkem 116 polyurethane sealant as manufactured by Mameco International, Inc. of Cleveland, Ohio. B. Sealant at applications coming in contact with modified bitumen roofing shall be equal to Black Jack #1010 Neoprene Flashing Cement as T manufactured by the Gibson-Homans Company of Twinsburg, Ohio, or as recommended by the roofing systems manufacturer. C. Caulking Compound: One part acrylic latex caulk for general purpose interior caulking capable of being painted with latex or oil base paints. D.' General Purpose Sealant: Equal to Vulkem 116 polyurethane sealant as manufactured by Mameco International, Inc. of Cleveland, Ohio. 07900 - 1 E. Traffic Grade Sealant shall be equal to Vulkem 45 polyurethane joint sealant manufactured by Mameco. F. Backing Rods shall be closed cell polyethylene or open cell polyurethane as recommended by the sealant manufacturer for the application conditions encountered. G. Primer shall be as recommended by the manufacturer for each type of surface application. PART 3 EXECUTION 3.1 PREPARATION A. Examine all surfaces to receive sealant and report all conditions not acceptable. Installation shall be,deemed as acceptance of the surface. B. Clean all surfaces and joints thoroughly, removing all foreign matter, dust, oil, grease, surface water, dirt, frost, old caulking material and previously applied paint or primer. C. Prime and prepare surfaces in strict accordance with sealant manufacturers written instructions and recommendations. D. Report unsatisfactory surfaces to the Architect. 3.2 APPLICATION OF SEALANTS A. Follow sealant manufacturers instructions regarding preparation, priming, application life and application procedure. B. Apply masking tape where required in continuous strips in alignment with joint edge. Remove tape immediately after joints have been sealed and tooled as directed. C. Apply sealant under pressure with gun having nozzle of proper size, or other appropriate means. Provide sufficient pressure to completely fill joints. D. Neatly point or tool sealant to provide proper contour.Use clean water -wet tool or tooling solution recommended by manufacturer when tooling white or light colored sealant. 3.3 APPLICATION OF CAULKING A. Caulk joints before final coat of paint is applied to adjacent surface. Apply caulking with a pressure gun having a nozzle of proper size to fit joint. Completely fill joint and firmly tool against backing to make a smooth, convex bed, and assure good adhesion. Caulking shall develop a firm skin before paint is allowed. 3.4 CLEANING A. Clean adjacent surfaces free of sealant excesses or smears. Use solvent or cleaning manufacturer.agent as recommended by sealant B. Leave all finished work in a neat, clean condition. C. Remove all debris resulting from these operations from the site. END OF SECTION 07900 4 07900 - 2