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HomeMy WebLinkAboutResolution - 2001-R0381 - Purchase Order For Godeke Branch Library Terrace - Saunders Construction, Inc. - 09_27_2001Resolution No. 2001-RO381 September 27, 2001 Item No. 36 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 Purchase Order per ITB #204-01/RS for the Godeke Branch Library Terrace Addition, by and between the City of Lubbock and Saunders Construction Inc. of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 00 -- Victor Kilman, rchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/PurchOrd-Saunders Const.res Sept 17, 2001 day of September ,2001. ,1 WINDYWMAYOR WI " m Rol1:�r ITB #204-01/RS, Addendum #1 e** MR City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.t)Lus ADDENDUM #1 ITB #204-01 /RS Godeke Branch Library Terrace Additions MAILED TO VENDOR:. August 29, 2001 OLD CLOSE DATE: August 29, 2001 @ 3:00 P. M. NEW CLOSE DATE: September 5, 2001 @ 4:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has been changed from August 29, 2001 at 3:00 p. m. to the new closing date of September 5, 2001 at 4:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuf field, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: RShuffield@mail.ci.lubbock.tx.us THANK YOU, JCIOF LUB OCK 204-01/RSaddl Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. CITY OF LUBBOCK INVITATION TO BID FOR TITLE: GODEKE BRANCH LIBRARY TERRACE ADDITION ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 204-01/RS PROJECT NUMBER: 90110.8302 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX r., 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS NOTICE TO BIDDERS 9 NOTICE TO BIDDERS ., ITB #204-01/RS 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 3:00 o'clock p.m. on the 29th day of August, 2001, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project with a budget amount of $30.000.00: "GODEKE BRANCH LIBRARY TERRACE ADDITION" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in ,�.. the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clock p.m. on the 29th day of August. 2001, and the City of Lubbock City Council will consider the bids on the 13th day of September. 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 21st day of August, 2001 at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13" Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from MWM Architects, Inc., 2574 74th Street, Ste. 201, Lubbock, Texas 79423, Phone: (806) 745-7707. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. 0"" The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-2281 at least 48 hours in advance. of the meeting. 0" CITY OF LUBBOCK O��M VICTOR KILMAN PURCHASING MANAGER om, GENERAL INSTRUCTIONS TO BIDDERS i 1 BID DELIVERY, TIME & DATE GENERAL INSTRUCTIONS TO BIDDERS 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish GODEKE BRANCH LIBRARY TERRACE ADDITION per the attached specifications and contract documents. Sealed bids • will be received no later than 3:00 p.m. CST, the 29th day of August, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #204-01/RS, GODEKE BRANCH LIBRARY TERRACE ADDITION" and the bid .� opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager r� City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a " bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. c- 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 a.m.. August 21st, 2001 in Purchasinq Conference Room L04, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they - represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do - not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS . 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the .�, Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in ,., any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. e*+ 1 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section -- 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not — offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this. bid. PA 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER w City of Lubbock 1625 13" Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: rshuffield@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. a i 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 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. 15 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 3 the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this _.. Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 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. 18 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. 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. r 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the r^*+ 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. 21 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, r and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, ' and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the . Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. r " 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. t 23 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. 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide •. 5 k to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary -- service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the -- weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 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. 27 PROVISIOL,IS 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. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. tJ 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, ,., but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 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. �+ (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. W Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered e, incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. e*' 7 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Bid Amount. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. - Q �_ m 0 m L � (� . � �. ;. � ALL._.; � . � C.: � � : _ a: ` . � �: _ �; � � � L .�r. �, x..y .,� [�_ ..'P [ .�.._: ,.. � � .:._; � . �� [ iii 'P" BID SUBMITTAL LUMP SUM BID CONTRACT 1 DATE: v I �� �)-o PROJECT NUMBER: #204-01/RS - GODEKE BRANCH LIBRARY TERRACE ADDITION ——� Bid of � ! �( ,'1� { �_��� :mac (hereinafter called Bidder) - To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) " Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a GODEKE BRANCH LIBRARY. TERRACE ADDITION having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS:_ v SERVICES: �. TOTAL BID: re. Vy L 1 9 oV , 00 ) $ 14W, oD ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $0 (ZERO DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. -, The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. N Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of T; 7h Dollars ($_ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shalt be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE. ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. if Bidder is a Corporation) Bidd�r acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Woman B 2 Date: Authorized 4ignature 4-)- V r1 (Printed br Typed Name) Company Address L,j -, L:� DC- Lucy b CCj%- C*t County iS 794I - State L' '7 Zip Code Telephone: - S�-7 Fax: LIST OF SUBCONTRACTORS Minority Owned Yes No 2. ❑ ❑ 4. 6• ❑ 7, ❑ ❑ 9 ❑ ❑ 10. ❑ ❑ .., 3 I CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal • I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of ` Lubbock, I will be able to, within fifteen (15) days after being notified.of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. �aN , �Iu n A, c, f ignature) Contractor (Print) CONTRACTOR'S FIRM NAME: (Print or Type ) I(' n CONTRACTOR'S FIRM ADDRESS: 4q (,�j k V--) LCL T-K - 79 Name of Agent/Broker: Address of Agent/Broke q City/State/Zip: U L C—72 4 � Agent/Broker Telephone Number: ( Cam) —7�f J S' •* Dater ^— NOTE TO CONTRACTOR If the time requirement specified above 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) 775-2165. BID #204-01/RS - GODEKE BRANCH LIBRARY TERRACE ADDITION '"� 4 4 Un UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 (A Stock Company) BID BOND 7%Now ALL BY THESE PRESENTs, that SAUNDERS CONSTRUCTION, INC. as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as rm Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ---------------------- Dollars ($ --------- 5 %--------), for the payment of which sum well and truly to be made; the said principal and the said ®"Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAs, the Principal has submitted a bid for GODEKE BRANCH LIBRARY TERRACE ADDITION 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. r Signed and sealed this 2 9TH day of AUGUST A.D. ,2 0 01 . (Witness) ERS CONSTRUCTION, INC. (Seal) rincipal) UNDERS (tide) VICE—PRESIDENT UNITED FIRE & CASUALTY COMPANY (Seal) By (witness) DEEDEE BRINKER (Attorney -in -fact) CONT 00010798 No Text PAYMENT BOND BOND NO. 54-123452 '^ STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that SAUNDERS CONSTRUCTION, (h;Wmafter called the Principal(s), as Principal(s) and UNITED FIRE & CASUALTY COMPANY (hereinafter called the Suret�Sfffi(cd�#bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Hi1NnRED AND NO 10 0--------- Dollars ($ 4 6 , 400, 0 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 7TH day of �-+ SEPTEMBER , 20 Ol , to BID #204-01/RS GODEKE BRANCH LIBRARY TERRACE ADDITION and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 3RD day of OCTOBER 2001 . UNITED FIRE & CASUALTY COMPANY SAUNDE,S CONSTRUCTION, INC Surety Principal *By. Y� (Title) DEEDEE BRINKER ATTORNEY -IN -FACT W By: By: (Title) By: (Title) Y SAUNDERS CE-PRESIDENT aP" 1 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designatesDEEDEE BRINKER an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. UNITED FIRE & CASUALTY COMPANY Surety *By: I � (Title) DEEDEE BRINKER Approved as to form: City of Lubbock Cify 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. 2 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT. You may call United Fire & Casualty Company's toll -free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire & Casualty Company at: United Fire & Casualty Company Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire & Casualty Company Attn: Bond Department 118 2nd Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 •� You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Government Code, and Section 53.202, Property Code, effective September 1, 2001. the- cluly. he'reb'Y: C Thi WAC-0010-m- CERTIFICATE OF INSURANCE 1�.. N am PAN CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: 10/5/01 P.O. BOX 2000 LUBBOCK, TX 79457 Saunders Construction, Inc. TYPE OF PROJECT: 4405 Clovis Road Godeke Branch Library Terrace THIS IS TO CERTIFY THAT Lubbock, Texas 79405 (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE fNERAL LIABILITY _ Commercial General Liability GL000052749 4/25/01 4/25/02 General Aggregates2,000,000 - Claims Made Products-Comp/Op AGG S a OHO Occurrence Personal & Adv. Injury S . :X Owner's & Contractors Protectiv TBD 10/5/01 10/5/02 Each Occurrence S 1 , n0n , n 0 Fire Damage (Any one Fire) 100 000 s 5nn non , Med Exp (Any one Person) 5,000 S Fnn n nn AUTOMOTIVE LIABILITY X Any Auto TX000013566 4/25/01 4/25/02 Combined Single Limit 1,000 ,000 - All Owned Autos Bodily Injury (Per Person) S - Scheduled Autos Bodily Injury (Per Accident) S -A Hired Autos Property Damage S �( Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident S Other than Auto Only: Each Accident S Aggregate S - BUILDER'S RISK 100% of the Total Contract Price CRR696081 9/25/01 9/25/02 S 46-400 INSTALLATION FLOATER S 46 ,400 EXCESS LIABILITY = Umbrella Form Each Occurrence S Aggregate S Other Than Umbrella Form S WORKERS COMPENSATION AND EMPLOYERS'LIAB/L1 6995376 6/4/01 6/4/02 The Proprietor/ Included Partners/Executive Statutory Limits 500 000 = Excluded Each Accident S Officers are: Shelby Saunders Include Disease Policy Limit S S00,000 Disease -Each Employee S 500 0000 Kay riders Included OTHER City ou f Lbbock is shown as additional insured on G.L., O.C.P., and Auto with Waiver of Ciihrn at;nn on C.L.. 0 C.P., Auto, and Workers Comp. The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE Oklahoma Surety C0 Name o Insurer trRi sc MUST BE SENT TO THE CITY OF LUBBOCK Mid -Continent Casualty Commercial Union y: Title: P-no LA REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the c legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the Y, 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 R' rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. O it r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 27th day of September, 2001 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Saunders Construction. Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #204-01/RS - GODEKE BRANCH LIBRARY TERRACE ADDITION - $46,400.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have �.. been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, PM Texas in the year and day first above written. APPROVED AS TO FORM:: City Attorney ATTEST: Cer�srate Secretary AR QN aQ�C�r- CONTRACTOR: -41 os C. By: _ PRINTED NAME: TITLE: IBC d COMPLETE ADDRESS: Saunders Construction, Inc. 4405 Clovis Rd Lubbock,Texas 79416 L;J e� s+w GENERAL CONDITIONS OF THE AGREEMENT �f , GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR " Whenever the word Contractor, or Second Party, is used, it shall be understood to'mean the person, persons, co- partnership or corporation, to wit SAUNDERS CONSTRUCTION. INC. who has agreed to perform the work embraced in this contract, or their legal representative. 4 r"� 5. 6 7 OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative GEORGE LISENBE BUILDING & ENERGY ADMINISTRATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory `Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 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 shalt 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. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless ] otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for uSe or occupancy or the facility is in a condition to serve its intended purpose, but still M may require minor miscellaneous work and adjustment. 10. LAYOUT _a Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous on site. inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the. Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 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 has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions r" given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. , 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall �..,. inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's �- Representative's written consent. 3 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 consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at 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 such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such -- inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. p 23. CHANGES AND ALTERATIONS '^ The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 1` 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 lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%,unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." 0 -, 5 No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding ` of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give —� reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in _n Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages; expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to 1.* supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. !� All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 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 $0on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new _ certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and I I a-* (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services _on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance 9 G 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. 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; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: 0) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10 I (f) (g) 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; post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: 'By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and 11 (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a — sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31, PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's _ Representative prior to bidding. 12 1 32. r*+ LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required . • in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, " then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $0 (ZERO DOLLARS) PER DAY, not as "a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS ' OF THE ESSENCE OF THIS CONTRACT. ate• 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this r-+ contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that 13 when the Owner is having other work done, either by contract or by its 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. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts; acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and 14 employees, a ainst an and all claims or damages due to an injury to an adjacent or adjoining related 9 Y 9 Y 1 rY Y 1 1 9 s.. to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of �- Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 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 or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. .� Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work —performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. rr4 _ t _ 43. SUBSTANTIAL COMPLETION 0M Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been "- substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT 15 The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom; which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the, right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the 16 written orders of the Owner's Representative, when such orders are. consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this, contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over r�*++ to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, I however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to 17 i, the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. 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. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. — 54. CLEANING UP_ The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus 18 materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the ®" Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. '�•' 19 eA CURRENT WAGE DETERMINATIONS F." RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -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 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 K rl EXHIBIT C Prevailing Wage Rates Overtime Rate r The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. In EXHIBIT D r Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. I 3 IA 6-4 fM rl SPECIFICATIONS TERRACE ADDITION - GODEKE BRANCH LIBRARY A LUBBOCK, TEXAS TABLE OF CONTENTS SECTION NO, SECTION NAME NO. OF PACES DIV( i.^� ON 2 02200 EARTHWORK 5 02070 SELECTIVE DEMOLITION 3 a DIVISION S u:r 03300 CONCRETE WORK 11 DIVISION 5 05521 PIPE AND TUBE RAILINGS 5 DIVISION 9 E^* 09900 PAINTING 5 END OF TABLE OF CONTENTS tAESS ;71 33 lF OF 8-1 •�1 a ""' TABLE OF CONTENTS 1 0401-6 SECTION 02200 - EARTHWORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections, apply to work of this section. 1.2 DESCRIPTION OF WORK A. The extent of earthwork is shown on drawings. B. Preparation of subgrade for terrace slab is included as part of this work. 1.3 QUALITY ASSURANCE A. Codes and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. B. Testing and Inspection Service 1. Soil testing and inspection service for quality control testing during earthwork operations will be provided as called for under Section 01020, Allowances. The testing laboratory shall comply with the requirements of ASTM D3740, Evaluation of Agencies Engaged in Testing and/or Inspection of Soil or Rock Used In Engineering Design and Construction. k: 1.4 SUBMITTALS A. Test Reports: Submit following reports directly to Architect from the testing services, with copies to Contractor and Engineer. 1. Test reports on existing or borrow material for each type of soil encountered. a. Atterberg Limits b. Linear Shrinkage C. Optimum moisture/maximum dry density curve 2. Field density test reports of subgrades and compacted fills. Reports shall indicate soil type or change of soil if any other is used. 1.5 JOB CONDITIONS A. Site Information 1. A subsurface soils investigation at the site has not been performed. Test borings and other exploratory operations may be made by the Contractor at no additional cost to the Owner. B. Existing Utilities: Locate existing underground utilities in areas of work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. 1. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult utility owner immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. 2. Do not interrupt existing utilities serving facilities occupied and used by Owner or others, except when permitted in writing by Architect and then only after acceptable temporary utility services have been provided. C. Use of Explosives: The use of explosives is not permitted. D. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. 1. Operate warning lights as recommended by authorities having jurisdiction. EARTHWORK 02200 -1 0401-6 2. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. PART2-PRODUCTS 2.1 SOIL MATERIALS A. Satisfactory soil materials are defined as those complying with ASTM D 2487 soil classification groups GW, GP, GM, GC, SC, CL, SM, SW and SP. B. Unsatisfactory soil materials are defined as those complying with ASTM D 2487 soil classification groups CH, ML, MH, OL, OH, and PT. C. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, crushed slag, natural or crushed sand. D. Topsoil shall be fertile, natural soil of loamy character, free of clay lumps, stones and debris. E. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2" in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. Fill materials shall have a liquid limit between 4 and 30 and the plasticity index shall be between 4 and 12. PART 3 - EXECUTION 3.1 EXCAVATION A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Earth excavation includes removal and disposal of obstructions visible on ground surface, underground structures and utilities indicated to be demolished and removed, material of any classification indicated in data on subsurface conditions, and other materials encountered that are not classified as unauthorized excavation. C. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Architect. Unauthorized excavation, as well as remedial work directed by Architect, shall be at Contractor's expense. D. Under retaining walls, fill unauthorized excavation by extending indicated bottom elevation of retaining wall to excavation bottom, without altering required top elevation. Lean concrete fill may be used to bring elevations to proper position, when acceptable to Architect. E. Elsewhere, backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed by Architect. F. Additional Excavation: When excavation has reached required subgrade elevations, notify Architect who will make an inspection of conditions. 1. If unsuitable bearing materials are encountered at required subgrade elevations, carry excavations deeper and replace excavated material as directed by Architect. 2. Removal of unsuitable material and its replacement as directed will be paid on basis of contract conditions relative to changes in work. G. Stability of Excavations 1. Slope sides of excavations to comply with local codes and ordinances having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. 2. Maintain sides and slopes of excavations in safe condition until completion of backfilling. 02200 - 2 EARTHWORK 0401-6 x•, ` H. Dewatering: Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. 1. Do not allow water to accumulate in excavations. Remove water to prevent softening of retaining wall bottoms, and soil changes detrimental to stability of subgrades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. 2. Convey water removed from excavations and rain water to collecting or run-off areas. Establish and maintain temporary drainage ditches and other diversions outside excavation limits for each structure. Do not use trench excavations as temporary drainage ditches. Y I. Material Storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade and shape stockpiles for proper drainage. 1. Locate and retain soil materials away from edge of excavations. 2. Dispose of excess soil material and waste materials as herein specified. J. Excavation for Structures 1. Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10 foot, and extending a sufficient distance from footings and foundations to permit placing and removal of concrete formwork, installation of services, other construction, and for inspection. 2. In excavating for retaining walls, take care not to disturb bottom of excavation. Excavate by hand to final grade just before concrete reinforcement is placed. Trim bottoms to required lines and grades to leave solid base to receive other work. K. Cold Weather Protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 degrees F. (1 degree C.) 3.2 COMPACTION A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following W percentages of maximum dry density for soils which exhibit a well-defined moisture -density relationship determined in accordance with ASTM D 698 (Standard Proctor); and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture -density relationship. 1. Structures: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density or 90% relative dry density. 2. Terrace Slab: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density or 90% relative dry density. 3. Lawn or Unpaved Areas: Compact top 6" of subgrade and each layer of backfill or fill material at 90% maximum dry density. C. Moisture Control: Where subgrade or layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of subgrade, or layer of soil material, to prevent free water appearing on surface during or subsequent to compaction operations. t. 1 Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 2. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by disking, harrowing or pulverizing until moisture content is reduced to a satisfactory value. 3.3 BACKFILL AND FILL A. General: Place acceptable soil material in layers to required subgrade elevations, for each area �*+ classification listed below. 1. In excavations, use satisfactory excavated or borrow material. EARTHWORK 02200 - 3 0401-6 2. Under grassed areas, use satisfactory excavated or borrow material. 3. Under terrace slab, use subbase materials, or satisfactory excavated or borrow material, or combination of both. B. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Acceptance of construction below finish grade. 2. Inspection, testing, approval, and recording locations of underground utilities. 3. Removal of trash and debris. C. Ground Surface Preparation 1. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow, strip, or break-up so that fill -- material will bond with existing surface. 2. When existing ground surface has a density less than that specified under "Compaction" for particular area classification, break up ground surface, pulverize, moisture -condition to optimum moisture content, and compact to required depth and percentage of maximum density. D. Placement and Compaction 1. Place backfill and fill materials in layers not more than 8" in loose depth for material compacted by heavy compaction equipment, and not more than 4" in loose depth for material compacted by hand -operated tampers. 2. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. _ 3. Place backfill and fill materials evenly adjacent to structures, to required elevations. Take care to prevent wedging action of backfill against structures by carrying material uniformly around structure to approximately same elevation in each lift. 3.4 GRADING A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are shown, or between such points and existing grades. B. Grading Outside Building Lines: Grade areas adjacent to building lines to drain away from structures and to prevent ponding. C. Finish surfaces free from irregular surface changes, and as follows: 1. Lawn or Unpaved Areas: Finish areas to receive topsoil to within not more than 0.10 foot above or below required subgrade elevations. D. Grading Surface of Fill Under Terrace Slabs: Grade smooth and even, free of voids, compacted as specified, and to required elevation. Provide final grades within a tolerance of 1/2" when tested with a 10 foot straightedge. E. Compaction: After grading, compact subgrade surfaces to the depth and percentage of maximum density for each area classification. 3.5 FIELD QUALITY CONTROL A. Quality Control Testing During Construction 1. Allow testing service to inspect and approve subgrades and fill layers before further construction work is performed. 2. Perform field density tests in accordance with ASTM D 1556 (Sand Cone Method) or ASTM D 2167 (Rubber Balloon Method), or ASTM D 2922, (Nuclear Gage Method) as applicable. 02200 - 4 EARTHWORK 0401-6 B. Terrace Slab Subgrade 1. Make at least one field density test of subgrade for every 200 sq. ft. of slab, but in no case less than 3 tests. In each compacted fill layer, make one field density test for every 200 sq. ft. of overlaying slab or paved area, but in no case less than 3 tests, Subsequent layers shall be placed only after the previous compacted layer has been tested and approved by the testing laboratory and Architect/Engineer. C. If, in opinion of Architect, based on testing service reports and inspection, subgrade or fills which have been placed are below specified density, provide additional testing at no additional expense. 3.6 MAINTENANCE A. Protection of Graded Areas 1. Protect newly graded areas from traffic and erosion. Keep free of trash and debris. 2. Repair and re-establish grades in settled, eroded, and rutted areas to specified tolerances. B. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, re -shape, and compact to required density prior to further construction. 3.7 DISPOSAL OF EXCESS AND WASTE MATERIALS A. Removal from Owner's Property 1. Remove waste materials, including unacceptable excavated material, trash and debris, and dispose of it off Owner's property. END OF SECTION 02200 This section prepared by RTR Engineers, Inc. * s♦ �NN•N NNN sN1 N ••N1 N. NNN OEL P. ROBINETT 71©85 !� r�� 7- V-1 01 EARTHWORK 02200 - 5 0401-6 SECTION 02070 - SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Extent of selective demolition work is indicated on drawings. B. This Section includes (but is not limited to) the selective removal and subsequent offsite disposal of the following: 1. Selective items of construction as shown or required for the new construction. !^' 1.3 SUBMITTALS A. Schedule: Submit schedule indicating proposed sequence of operations for selective demolition work to Architect for review prior to commencement of work. Include coordination for shutoff, capping, and continuation of utility services as required, together with details for dust and noise control protection. 1. Provide detailed sequence of demolition and removal work to ensure uninterrupted progress .,,. of Owner's on -site operations. 2. Coordinate with Owner's continuing occupation of portions of existing building. 1.4 JOB CONDITIONS A. Protections: Provide temporary barricades and other forms of protection to protect Owner's personnel and general public from injury due to selective demolition work. 1. Provide protective measures as required to provide free and safe passage of Owner's personnel and general public to occupied portions of building. 2. Erect temporary covered passageways as required by authorities having jurisdiction. 3. Protect from damage existing finish work that is to remain in place and becomes exposed during demolition operations. 4. Protect floors with suitable coverings when necessary. 5. Construct temporary insulated dustproof partitions where required to separate areas where noisy or extensive dirt or dust operations are performed. Equip partitions with dustproof doors and security locks. 6. Provide temporary weather protection during interval between demolition and removal of existing construction on exterior surfaces and installation of new construction to ensure that no water leakage or damage occurs to structure or interior areas of existing building. 7. Remove protections at completion of work. SELECTIVE DEMOLITION 02070 -1 0 1099-1 B. Damages: Promptly repair damages caused to adjacent facilities by demolition work at no cost to Owner. C. Traffic: Conduct selective demolition operations and debris removal to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close, block, or otherwise obstruct streets, walks, or other occupied or used facilities without written permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. D. Explosives: Use of explosives will not be permitted. E. Utility Services: Maintain existing utilities indicated to remain in service and protect them against damage during demolition operations. 1. Do not interrupt utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to governing authorities. 2. Maintain fire protection services during selective demolition operations. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 INSPECTION A. Prior to commencement of selective demolition work, inspect areas in which areas work will be performed. Photograph existing conditions to structure surfaces, equipment or to surrounding properties which could be misconstrued as damage resulting from selective demolition work; file with the Architect prior to starting work. 3.2 PREPARATION A. General: Provide interior and exterior shoring, bracing, or support to prevent movement, settlement, or collapse of areas to be demolished and adjacent facilities to remain. 1. Cease operations and notify Owner's Representative immediately if safety of structure appears to be endangered. Take precautions to support structure until determination is made for continuing operations. 2. Cover and protect furniture, equipment, and fixtures from soilage or damage when demolition work is performed in areas where such items have not been removed. — 3. Erect and maintain dust -proof partitions and closures as required to prevent spread of dust or fumes to occupied portions of the building. a. Where selective demolition occurs immediately adjacent to occupied portions of the building, construct dust -proof partitions of minimum 4-inch studs, 5/8-inch drywall (joints taped) on occupied side, 1/2-inch fire -retardant plywood on demolition side. Fill partition cavity with sound -deadening insulation. b. Provide weatherproof closures for exterior openings resulting from demolition work. 02070 - 2 SELECTIVE DEMOLITION 0401-6 4 4. Locate, identify, stub off, and disconnect utility services that are not indicated to remain. a. Provide bypass connections as necessary to maintain continuity of service to occupied areas of building. Provide minimum of 72 hours advance notice to Owner °^ if shutdown of service is necessary during changeover. 3.3 DEMOLITION A. General: Perform selective demolition work in a systematic manner. Use such methods as required to complete work indicated on Drawings in accordance with demolition schedule and goveming regulations. B. If unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure both nature and extent of the conflict. Submit report to Architect in written, accurate detail. Pending receipt of directive from Architect, rearrange selective demolition schedule as necessary to continue overall job progress without undue delay. 3.4 DISPOSAL OF DEMOLISHED MATERIALS A. Remove from building site debris, rubbish, and other materials resulting from demolition operations. Transport and legally dispose off site. 1. If hazardous materials are encountered during demolition operations, comply with applicable regulations, laws, and ordinances conceming removal, handling, and protection against exposure or environmental pollution. 2. Buming of removed materials is not permitted on project site. 3.5 CLEANUP AND REPAIR A. General: Upon completion of demolition work, remove tools, equipment, and demolished materials from site. Remove protections and leave interior areas broom clean. 1. Repair demolition performed in excess of that required. Retum elements of construction and surfaces to remain to condition existing prior to start operations. Repair adjacent construction or surfaces soiled or damaged by selective demolition work. END OF SECTION 02070 77 SELECTIVE DEMOLITION 02070 - 3 0 0401-6 .MR SECTION 03300 - CONCRETE WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections, apply to work of this section. 1.2 DESCRIPTION OF WORK: A. The extent of concrete work is shown on the Drawings. 1.3 RELATED WORK SPECIFIED ELSEWHERE: n A. Earthwork -Section 02200 1.4 QUALITY ASSURANCE: A. Codes and Standards: Comply with the provisions of the following codes, specifications and standards, except where more stringent requirements are shown or specified: 1. ACI 301 "Specifications for Structural Concrete for Buildings". 2. ACI 304 "Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete". 3. ACI 311 "Recommended Practice for Concrete Inspection". 4. ACI 318 "Building Code Requirements for Reinforced Concrete". 5. ACI 347 "Recommended Practice for Concrete Formwork 6. MSP-1-97 Concrete Reinforcing Steel Institute, "Manual of Standard Practice". B. Workmanship: The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Architect. C. Design and Testing: 1. The Contractor shall bear all expenses in connection with securing proper laboratory designed mixes. Mixes proposed for use in this project shall be tested by means of actual cylinder breaks, with all information being reported to the Architect. A proven, established, mix from an acceptable ready -mix plant may be used. Provide a minimum of 5 recent different compression test reports for the proposed mix. 2. All expense for taking and testing concrete cylinders shall be covered as called for in Section 01020, Allowances. 3. Job site cylinders shall be taken when the Architect so directs. The Contractor shall notify the testing laboratory when test cylinders are to be taken. The laboratory shall come to the site and take the concrete cylinders, and be responsible for their care and handling including breaking of same at laboratory. 4. The laboratory shall be an independent testing laboratory designated by the Architect and the Owner acceptable to the Contractor. 5. Test results shall be furnished to the Architect, Engineer and the Contractor. 6. Any concrete not meeting strength requirements shall be further tested. If further tests indicate concrete will ultimately never meet strength requirements, the understrength concrete will be replaced with new as directed by Architect. 1.5 SUBMITTALS: A. Manufacturer's Data: Submit manufacturer's product data with application and installation instructions for proprietary materials and items, including reinforcement and forming accessories, admixtures, patching compounds, curing compounds, and others as requested by the Architect. CONCRETE WORK 03300 - 1 0401-6 B. Shop Drawings: Submit shop drawings for fabrication, bending, and placement of concrete reinforcement. Comply with the ACI 315 "Manual of Standard Practice for Detailing Reinforced _ Concrete Structures" showing bar schedules, stirrup spacing, diagrams of bent bars, arrangement of concrete reinforcement. Include special reinforcement required at openings through concrete structures. PART 2 - PRODUCTS 2.1 FORM MATERIALS: A. Forms for Exposed Finish Concrete: Unless otherwise shown or specified, construct all formwork for exposed concrete surfaceswith plywood, metal, metal -framed plywood -faced or otheracceptable panel -type materials, to provide continuous, straight, smooth, exposed surfaces. Furnish in largest practicable sizes to minimize number of joints and to conform to joint system shown on the Drawings. Provide form material with sufficient thickness to withstand pressure of newly -placed concrete without bow or deflection. Forms used for this class of concrete shall be new or "good -as -new". B. Use plywood complying with U.S. Product Standard PS-1 "B-B (Concrete Form) Plywood" Class I, Exterior Grade or better, mill -oiled and edge -sealed, with each piece bearing legible trademark of an approved inspection agency, unless otherwise acceptable to Architect. C. Forms for Unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. 2.2 REINFORCING MATERIALS: A. Reinforcing Bars: ASTM A 615, Grade 60. B. Dowels for load transfer in slabs shall be plain steel bars conforming to ASTM A 675, Grade 80 or ASTM A 499. C. Supports for Reinforcement: 1. Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars in place. Use wire bar type supports complying with CRSI, unless otherwise specified. Wood, brick and other devices will not be acceptable. 2. For slabs -on -grade, use supports with sand plates for horizontal runners where wetted base materials will not support chair legs. 3. For exposed -to -view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are hot/dip galvanized plastic protected or stainless steel protected. 2.3 CONCRETE MATERIALS: A. Portland Cement: 1. ASTM C 150, Type I, unless otherwise acceptable to Architect. 2. Use only one brand of cement throughout the project, unless otherwise acceptable to Architect. B. Fine Aggregate: 1. ASTM C 33. Clean, sharp, natural sand free from loam, clay, lumps or other deleterious substances. 2. Dune sand, bank -run sand and manufactured sand are not acceptable. C. Coarse Aggregate: ASTM C 33. Clean, uncoated, processed aggregate containing no clay, mud, loam or foreign matter as follows: 03300 - 2 CONCRETE WORK a, 0401-6 1. Crushed stone, processed from natural rock or stone. 2. Washed gravel, either natural or crushed. Use of pit or bank -run gravel is not permitted. 3. Provide aggregate from a single source for all exposed concrete. "'"" p .. 4. Maximum Aggregate Size: a. Not larger than one -fifth of the narrowest dimension between sides of forms, one-third p, of the depth of slabs, nor three -fourths of the minimum clear spacing between individual reinforcing bars or bundles or bars. b. These limitations may waived if, in the judgment of the Architect, workability and methods of consolidation are such that concrete can be placed without honeycomb or voids. D. Water: Clean, fresh, drinkable. E. Air -Entraining Admixture: ASTM C 260. F. Evaporation Reducer: The contractor may use an evaporation reducer equal to "Confllm" as manufactured by Master Builders, Inc., on concrete floor slabs -on -grade. G. Water -Reducing Admixture: ASTM C 494, Type A, containing not more than 0.1 % chloride ions. H. Set -Control Admixtures: ASTM C 494, as follows: 1. Type B, Retarding. 2. Type C, Accelerating. 3, Type D, Water -reducing and Retarding. �., 4. Type E, Water -reducing and Accelerating. I. Calcium chloride will not be permitted in concrete, unless otherwise authorized in writing by Architect. 2.4 RELATED MATERIALS: F". A. Preformed Expansion Joint Fillers: Premolded cane fiber saturated with asphalt. Unless indicated d' otherwise, 1/2" thickness by depth of slab. B. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 9 oz. per sq. yd., complying with AASHTO M 182, Class 2. C. Moisture -Retaining Cover: One of the following, complying with ASTM C 171. 1. Waterproof paper. 2. Polyethylene film. .. 3. Polyethylene -coated burlap. !` D. Membrane -Forming Curing Compound: ASTM C 309, Type I, Class B unless other type acceptable to the Architect. 2.5 PROPORTIONING AND DESIGN OF MIXES: A. Prepare design mixes for each type and strength of concrete in accordance with applicable provisions of ASTM C 94. Use an independent testing facility acceptable to the Architect for preparing and reporting proposed mix designs. The testing facility shall not be the same as used ° for field quality control testing unless otherwise acceptable to the Architect. PM B. Prepare design mixes by either laboratory trial batch or field experience methods, using materials to be employed on the project for each class of concrete required, complying with ACI 211.1, ACI 301, and ACI 318. 1. Laboratory Trial Batches: When laboratory trial batches are used to select concrete proportions, prepare test specimens in accordance with ASTM C 192 and conduct strength tests in accordance with ASTM C 39, specified in ACI 301. Establish a curve showing CONCRETE WORK 03300 - 3 r.;, 0401-6 relationship between water -cement ratio (or cement content) and compressive strength, with at least 3 points representing batches which produce strengths above and below that required. Use not less than 3 specimens tested at 28 days, or an earlier age when acceptable to the Architect, to establish each point on the curve. 2. Field Experience Method: When field experience methods are used to select concrete proportions, establish proportions as specified in ACI 301. Strength data for establishing standard deviation will be considered suitable if the concrete production facility has certified records consisting of at least 30 consecutive tests in one group or the statistical average for 2 groups totaling 30 or more tests, representing similar materials and project conditions. 3. If standard deviation exceeds 600 psi or if no suitable records are available, select proportions to produce an average strength of at least 1200 psi greater than the required compressive strength of concrete. 4. After sufficient experience and test data become available from the job, using ACI 214 methods of evaluation, the standard deviation may be reduced when the probable frequency of an average of 3 consecutive tests below required compressive strength will not exceed 1 in 100. C. Submit written reports to the Architect of each proposed mix for each class of concrete at least 15 days prior to start of work. Do not begin concrete production until mixes have been reviewed by the Architect. D. Design mixes to provide normal weight concrete with the following properties, as indicated on the Drawings and schedules: 1. 3000 psi 28-day compressive strength; W/C ratio, 0.46 maximum (air -entrained) and shall contain a minimum of 5 sacks (470 pounds) of cement per cubic yard of concrete, 6 percent plus or minus 1 percent of entrained air, coarse aggregate 1 inch or smaller and shall be poured with a slump of 5 inches plus or minus 1 inch. E. Adjustment to Concrete Mixes: Mix design adjustments may be requested by the Contractor when characteristics of materials, job conditions, weather, tests results, or other circumstances warrant; at no additional cost to the Owner and as accepted by the Architect. Laboratory test data for revised mix design and strength results must be submitted to and accepted by the Architect before using in the work. 2.6 ADMIXTURES: A. Use water -reducing admixture or high range water -reducing admixture (super plasticizer) in concrete as required for placement and workability. B. Use non -chloride accelerating admixture in concrete slabs placed at ambient temperatures below 50 degrees F. C. Use admixtures for water -reducing and set -control in strict compliance with the manufacturer's directions. D. Use amounts of admixtures as recommended bythe manufacturerfor climatic conditions prevailing at the time of placing. Adjust quantities and types of admixtures as required to maintain quality control. 2.7 CONCRETE MIXING: A. Ready -Mix Concrete: Comply with the requirements of ANSI/ASTM C 94, and as herein specified. B. Control of Mixing Water: When concrete arrives at the project with slump below that suitable for placing, water may be added only if neither the maximum permissible water -cement ratio nor the maximum permissible slump is exceeded. The drum shall be turned an additional 30 revolutions, or more if necessary, until the added water is uniformly mixed into the concrete. 03300 - 4 CONCRETE WORK P" �C. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified inANGkY\STMC04may berequired. D. When the air temperature hs between 8Sdegrees F. and 80 degrees F., reduce the rnhdng and �| ~ delivery time from 1 1/2 hours to 75 minutes, and when the air temperature is above 90 degrees F., � n*ducbthe mixing and delivery time toGOminutes. PART 3-EXECUTION 3.1 FORMS: .. A. Design, erect, support, brace and maintain formworktosupport vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct formwork so concrete members and structures are ofcorrect oize,shape, oUgnmnent.elevation and po�bon. ' ' B. Design formworkto be readily removable without impact, shock ordamage to cast -in -place concrete surfaces and adjacent materials. C. Forms shall not leak cement paste. ` D. Fabricate forms for easy removal without hammering or prying against the concrete surfaces. Provide crush plates or wrecking plates where stripping may damage 000t concrete surfaces. Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like, to prevent swelling and for easy removal. E. Provide temporary openings where interior area of formwork is inaccessible for n|eonout, for inspection before concrete placement, and for placement nfconcrete. Securely brace temporary openings and set tightly toform toprevent loss ofconcrete mortar. Locate temporary openings on forms atinmonopi�uoue|ocoUono. - ^ F. Chamfer exposed corners and edges as shown, using wood, metal, PVC or rubber chamfer strips fabricated toproduce uniform smooth lines and fight edge joints. G. Form Ties: Fantory-fabhcatmd, adjustable -length, removable orsnapoff metal form ties, designated to prevent form deflection, and to prevent spalling concrete surfaces upon removal. - H. Unless otherwise shown, provide ties oo portion remaining within concrete after nornovo| ieatleast 1 1/2" inside concrete. Unless otherwise shown, provide form ties which will not leave holes larger than 1" diameter in concrete surface. i Provisions for Other Trades: Provide openings in concrete formwork to accommodate work for other trades. Determine size and location ofopenings, recesses and chases from trades providing such items. Accurately place and securely support items built into forms. J. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to voceke concrete. ' Remove chips, wood, sawdust, dirt or other debris just before concrete is placed. Refighten forms after concrete placement ifrequired to eliminate mortar leaks. 32 PLACING REINFORCING: A. Comply with the specified codes and standards, and Concrete Reinforcing Steel Institute'* recommended practice for "Placing Reinforcing Bmrs", for details and methods of reinforcement placement and supports, and osherein specified. B. Clean reinforcement of loose rued and mill eca|e, omrth, ice, and other materials which reduce or destroy bond with concrete. ' - CONCRETE WORK r" 0401-6 C. Accurately position, support and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers and hangers, as required. D. Place reinforcement to obtain at least the minimum coverages for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. E. Do not place reinforcing bars more than 2" beyond the last leg of continuous bar supports. Do not use supports as bases for runways for concrete conveying equipment and similar construction loads. 3.3 JOINTS: A. Construction Joints: 1. Locate and install construction joints, which are not shown on the Drawings, so as not to impair the strength and appearance of the structure, as acceptable to the Architect. 2. Provide keyways at least 1 1 /2" deep in all construction joints in walls, slabs and between walls and footings; acceptable bulkheads designed for this purpose may be used for slabs. 3. Place construction joints perpendicular to the main reinforcement. Continue all reinforcement across construction joints. B. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on ground at all points of contact between slabs on ground and vertical surfaces, such as column pedestals, foundation walls; grade beams and elsewhere as indicated. 3.4 INSTALLATION OF EMBEDDED ITEMS: A. General: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by, cast -in -place concrete. Use setting drawings, diagrams, instructions and directions provided by suppliers of the items to be attached thereto. B. Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide and secure units sufficiently strong to support the types of screed required. Align the concrete surface to the elevation of the screed strips by the use of strike -off templates or accepted compacting type screeds. 3.5 PREPARATION OF FORM SURFACES: A. Coat the contact surfaces of forms with a form -coating compound before reinforcement is placed. Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compounds. B. Thin form -coating compounds only with thinning agent of type, and in amount, and under conditions of the form -coating compound manufacturer's directions. Do not allow excess form -coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. 3.6 CONCRETE PLACEMENT: A. General: 1. Comply with ACI 304, and as herein specified. 03300 - 6 CONCRETE WORK 0401-6 2. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction P joints as herein specified. 3. Deposit concrete as nearly as practicable to its final location to avoid segregation due to re- handling or flowing. ' B. Pre -Placement Inspection: Before placing concrete, inspect and complete the formwork installation, reinforcing steel, and items to be embedded or cast -in. Notify other crafts to permit the installation of their work; cooperate with other trades in setting such work, as required. Thoroughly wet wood ,., forms immediately before placing concrete, as required where form coatings are not used. C. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers not deeper than 18" and in a manner to avoid inclined construction joints. 1. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand -spading, rodding or tamping. Use vibrators designed to operate with vibratory element submerged in concrete, maintaining a speed of not less than 6000 impulses per minute. 2. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of vibration to the time necessary to consolidate the concrete and complete embedment of reinforcement and other embedded items without causing segregation of the mix. D. Placing Concrete Slabs: 1. Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. Consolidate concrete during placing operations so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. 2. Bring slab surfaces to the correct level with a straightedge and strike off. Use bull floats or darbies to smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to beginning finishing operations. 3. Maintain reinforcing in the proper position during concrete placement operations. E. Cold Weather Placing: 1. Protect concrete work from physical damage or reduced strength which could be caused by N - frost, freezing actions, or low temperatures, in compliance with ACI 306 and as herein specified. 2. When air temperature has fallen to or is expected to fall below 40 degrees F., uniformly heat all water and aggregate before mixing as required to obtain a concrete mixture temperature of not less than 50 degrees F., and not more than 80 degrees F., at point of placement. t. 3. Do not Use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. 4. Do not use calcium chloride, salt and other materials containing antifreeze agents or chemical - - accelerators, unless otherwise accepted in mix designs. F. Hot Weather Placing: t 1. When `hot weather conditions exist that could seriously impair the quality and strength of concrete, place concrete in compliance with ACI 305 and as herein specified. 2. Cool ingredients before mixing to maintain concrete temperature at time of placement below w-; 90 degrees F. Mixing water may be chilled, or chopped ice may be used to control the concrete temperature provided the water equivalent of the ice is calculated to the total amount of mixing. 3. Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that the steel temperature will not exceed the ambient air temperature immediately before embedment in concrete. Wet form thoroughly before placing concrete. 4. Do not use retarding admixtures unless otherwise accepted in mix designs. CONCRETE WORK 03300 - 7 0401-6 3.7 FINISH OF FORMED SURFACES: A. Standard Smooth Finish: For formed concrete surfaces exposed -to -view, or that are to be covered with a coating material applied directly to the concrete or a covering material bonded to the concrete, such as waterproofing, dampproofing, painting or other similar system. This is the as -cast concrete surface as obtained with the form facing material, with defective areas repaired and patched as specified, and fins and other projections on the surface completely removed and smoothed. B. Related Unformed Surfaces: At tops of walls, horizontal offsets and similar unformed surfaces occurring adjacent to formed surfaces, strike -off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise shown. 3.8 MONOLITHIC SLAB FINISHES: A. Float Finish: Apply float finish to monolithic slab surfaces that are to receive trowel finish and other finishes as hereinafter specified, and as shown on the Drawings or in schedules. 1. After screeding and consolidating concrete slabs, do not work surface until ready for floating. Immediately after screeding, apply a coat of evaporative reducer with a constant pressure sprayer. Spray surface lightly and uniformly, covering the slab surface with a fine mist. Apply to slabs according to manufacturer's directions. Begin floating when surface water has disappeared or when concrete has stiffened sufficiently to permit operation of power -driven floats or both. Consolidate surface with power -driven floats, or by hand floating if area is small or inaccessible to power units. Check and level surface plane to a tolerance not exceeding 1 /4" in 10 feet when tested with a 10 foot straightedge. Cut down high spots and fill low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat surface to a uniform, smooth, granular texture. B. Trowel Finish: 1. Apply trowel finish to monolithic slab surfaces that are to be exposed -to -view, unless otherwise shown. 2. After floating, begin first trowel finish operation using a power -driven trowel. Begin final troweling when surface produces a ringing sound as trowel is moved over the surface. Consolidate concrete surface by final hand troweling operation, free of trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8" in 10 feet when tested with a 10 foot straightedge. Grind smooth surface defects which would telegraph through applied floor covering system. C. Non -Slip Broom Finish: 1. Apply non -slip broom finish to exterior concrete terrace slabs, and elsewhere as shown on the Drawings or in schedules. 2. Immediately aftertrowel finishing, slightly roughen concrete surface by brooming perpendicular to main traffic route. Coordinate required final finish with the Architect before application. 3.9 CONCRETE CURING AND PROTECTION: A. General: 1. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. 2. Start initial curing application as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 72 hours. 3. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 168 cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50 degrees F. Avoid rapid drying at end of final curing period. 03300 - 8 CONCRETE WORK 0401-6 B. Curing Methods: Perform curing of concrete by moist curing or by moisture retaining cover curing or by membrane -forming curing compound and by combinations thereof, as herein specified. 1. Provide moisture curing by following methods: a. Keep concrete surface continuously wet by covering with water. Continuous water -fog spray. b. Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with 4" lap over adjacent absorptive covers. 2. Provide moisture -cover curing as follows: a. Cover concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least 3" and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Provide curing compound for slabs as follows: a. Apply specified curing and sealing compound to concrete slabs as soon as final finishing operations are complete (within 2 hours). b. Apply uniformly in continuous operation by power -spray or roller in accordance with manufacturer's directions. Recoat areas subjected to heavy rainfall within 3 hours after initial application. Maintain continuity of coating and repairing damage during curing period. C. Curing Formed Surfaces: Cure formed concrete surfaces, including undersides of beams, supported slabs and other similar surfaces by moist curing with forms in place for full curing period or until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. D. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by moist curing. 1. Final cure unformed surfaces, unless otherwise specified, by methods specified above, as applicable. 3.10 REMOVAL OF FORMS: A. Formwork not supporting weight of concrete, such as sides of beams, walls, columns, and similar parts of the work, may be removed after cumulatively curing at not less than 50 degrees F. for 24 hours after placing concrete, provided concrete is sufficiently hard to not be damaged by form removal operations, and provided curing and protection operations are maintained. 3.11 RE -USE OF FORMS: A. Clean and repair surfaces of forms to be re -used in the work. Split, frayed, delaminated or otherwise damaged form facing material will not be acceptable. Apply new form coating compound material to concrete contact form surfaces as specified for new formwork. B. When forms are intended for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close joints. Align and secure joints to avoid offsets. Do not use "patched" forms for exposed concrete surfaces, except as acceptable to Architect. 3.12 CONCRETE SURFACE REPAIRS: A. Patching Defective Areas: 1'. Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to Architect. 2. Cut out honeycomb, rock pockets, voids over 1/4" in any dimension, and holes left by tie rods and bolts, down to solid concrete, but in no case to a depth of less than 1 ". Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or proprietary patching compound, thoroughly clean, dampen with water and brush -coat the area to be patched with neat cement grout, or proprietary bonding agent. CONCRETE WORK 03300 - 9 0401-6 3. For exposed -to -view surfaces, blend white portland cement and standard portland cement so that, when dry, patching mortar will match color surrounding. Provide test areas at inconspicuous location to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. B. Repair of Formed Surfaces: 1. Remove and replace concrete having defective surfaces if, defects cannot be repaired to satisfaction of Architect. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on surface; and stains and other discolorations that cannot be removed by cleaning. Flush out form tie holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding agent. 2. Repair concealed formed surfaces, where possible, that contain defects that adversely affect the durability of the concrete. If defects cannot be repaired, remove and replace the concrete. C. Repair of Unformed Surfaces: 1. Test unformed surfaces, such as monolithic slabs, for smoothness and to verify surface plane to tolerances specified for each surface and finish. Correct low and high areas as herein specified. Test unformed surfaces sloped to drain for trueness of slope, in addition to smoothness, using a template having required slope. 2. Repair finished unformed surfaces that contain defects which adversely affect durability of concrete. Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to reinforcement or completely through non -reinforced sections regardless of width, spalling, pop -outs, honeycomb, rock pockets, and other objectionable conditions. 3. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days. 4. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete. Proprietary patching compounds may be used when acceptable to Architects. 5. Repair defective areas, except random cracks and single holes not exceeding 1" diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts and expose reinforcing steel with at least 3/4" clearance all around. Dampen concrete surfaces in contact with patching concrete, and brush with a neat cement grout coating or concrete bonding agent. Mix patching concrete of same materials to provide concrete of the same type or class as original concrete. Place, compact and finish to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete. 6. Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method. Groove top of cracks and cut-out holes to sound concrete and clean of dust, dirt and loose particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating or concrete bonding agent. Mix dry -pack, consisting of one part portland cement to 2 1/2 parts fine aggregate passing a No.16 mesh sieve, using only enough water as required for handling and placing. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep patched area continuously moist for not less than 72 hours. D. Use epoxy -based mortar for structural repairs, where directed by Architect. E. Repair methods not specified above may be used, subject to acceptance of Architect. 3.13 QUALITY CONTROL TESTING DURING CONSTRUCTION: A. Testing will be provided as called for under Section 01020, Allowances. B. Sampling and testing for quality control during the placement of concrete may include the following, as directed by the Architect. 1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. 2. Slump: One test for each set of compressive strength test specimens taken at point of discharge. 03300 -10 CONCRETE WORK 0401-6 3. Air Content: ASTM C 231 pressure for normal weight concrete; one for each set of compressive strength test specimens. 4. Concrete Temperature: Test hourly when air temperature is 40 degrees F. and below, and when 80 degrees F. and above; and each time a set of compression test specimens made. 5. Compression Test Specimen: ASTM C 31; one set of 4 standard cylinders for each compressive strength test, unless otherwise directed. Mold and store cylinders for laboratory cured test specimens except when field -cure test specimens are required. 6. Compressive Strength Tests: ASTM C 39; one set for each 100 cu. yds. or fraction thereof, of each concrete class placed in any one day or for each 5000 sq. ft. of surface area placed; 1 specimen tested at 7 days for information only, 2 specimens tested at 28 days, and 1 specimen retained in reserve for later testing if required. The acceptance test results shall be the average of the strengths of the two specimens tested at 28 days. a. When the frequency of testing will provide less than 5 strength tests for a given class of concrete, conduct testing from at least 5 randomly selected batches or from each batch if fewer than 5 are used. b. When the total quantity of a given class of concrete is less than 50 cu. yds., the strength test may be waived by the Architect if, in his judgment, adequate evidence of satisfactory strength is provided. C. When the strength of field -cured cylinders is less than 85% of companion laboratory -cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing the in -place concrete. C. Test results will be reported in writing to the Architect, Engineer and the Contractor on the same day that tests are made. Reports of compressive strength tests shall contain the project identification name and number, date of concrete placement, name of concrete testing service, concrete type and FIR class, location of concrete batch in the structure, design compressive strength at 28 days, concrete mix proportions and materials; compressive breaking strength and type of break for both 7-day tests and 28-day tests. a D. Additional Tests: The testing service will make additional tests of in -place concrete when test results indicate the specified concrete strengths and other characteristics have not been attained .� in the structure, as directed by the Architect. The testing service may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. Contractor shall pay for such tests conducted, and any other additional testing as may be required, when unacceptable concrete is verified. END OF SECTION 03300 This section prepared by RTR Engineers, Inc. N••NM•NNN�NN-•NN•••� JOEL-P ROSINETT %'%*% _ 71085 ?'w CONCRETE WORK 03300 -11 0401-6 SECTION 05521 - PIPE AND TUBE RAILINGS PART 1 - GENERAL 1.0 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.1 SUMMARY - A. This Section includes the following: 1. Steel pipe and tube guardrails and railing systems. 1.2 SYSTEM PERFORMANCE REQUIREMENTS A. General: In engineering guardrail and railing systems to withstand structural loads indicated, determine allowable design working stresses of railing materials based on the following: 1. For cold -formed structural steel: AISI "Specification for Design of Cold -Formed Steel Structural Members." B. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials. C. Thermal Movements: Allow for thermal movement resulting from the following maximum change (range) in ambient temperature in the design, fabrication, and installation of guardrails and railings to prevent buckling, opening up of joints, overstressing of components, connections and other detrimental effects. Base design calculation on actual surface temperatures of materials due to both solar heat gain and nighttime sky heat loss. 1. Temperature Change (Range): 120 deg F (67 deg C), ambient; 180 deg F (100 deg C), material surfaces. 1.3 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. B. Product Data for each type of product specified. C. Shop drawings showing fabrication and installation of handrails and railings including plans, elevations, sections, details of components, and attachments to other units of Work. 1.4 PROJECT CONDITIONS A. Field Measurements: Where guardrails and railings are indicated to fit to other construction, check actual dimensions of other construction by accurate field measurements before fabrication; show recorded measurements on final shop drawings. Coordinate fabrication PIPE AND TUBE RAILINGS 05521 -1 t 0401-6 schedule with construction progress to avoid delay of Work. 1.5 SEQUENCING AND SCHEDULING A. Sequence and coordinate installation of guardrails as follows: 1. Mount guardrails only in completed concrete work. Do not support guardrails temporarily by any means not satisfactory to structural performance requirements. B. Mount guardrails only in assembles reinforced to receive anchors and where the location of concealed anchors have been clearly marked for the benefit of the Installer. PART 2 - PRODUCTS 2.0 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering guardrails and railing systems that may be incorporated in the Work include but are not limited to the following: 1. Steel Pipe and Tube Railing Systems: a. Humane Equipment Co. b. Wagner: R & B Wagner, Inc. 2.1 METALS A. General: Provide metal forms and types that comply with requirements of referenced standards and that are free from surface blemishes where exposed to view in the finished unit. Exposed - to -view surfaces exhibiting pitting, seam marks, roller marks, stains, discolorations, or other imperfections on finished units are not acceptable. B. Steel Pipe: ASTM A 53; finish, type, and weight class as follows: 1. Hot Dipped Galvanized finish, unless otherwise indicated. All galvanizing shall be Hot Dipped Galvanized, ASTM A 123 or ASTM A 386. 2. Type F, standard weight (schedule 40), unless otherwise indicated, or another weight, type, and grade required by structural loads. C. Steel Plates, Shapes, and Bars: ASTM A 36. D. Brackets, Flanges, and Anchors: Cast or formed metal of the same type material and finish as supported rails, unless otherwise indicated. E. Woven Wire Mesh Fabric: 4 inch x 4 inch woven square mesh pattern, using 6 gauge steel wire as manufactured by Acorn Wire and Iron Works, Inc. or equal. Provide all necessary brackets, channels and attachment devices. F. Concrete Inserts: Threaded or wedge type, galvanized ferrous casting, either malleable iron ASTM A 47 or cast steel ASTM A 27; provide bolts, washers and shims as required, hot -dip galvanized ASTM A 153. 05521 - 2 PIPE AND TUBE RAILINGS 0401-6 as-s 2.2 GROUT AND ANCHORING CEMENT A. Nonshrink, Nonmetallic Grout: Premixed, factory -packaged, nonstaining, noncorrosive, nongaseous grout complying with CE CRD-C 621. Provide grout specifically recommended by manufacturer for interior and exterior applications of type specified in this Section. B. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include but are not limited to the following: C. Products: Subject to compliance with requirements, provide one of the following: 1. Nonshrink, Nonmetallic Grouts: a. "Bonsai Construction Grout"; W. R. Bonsal Co. b. "Kemset"; Chem -Masters Corp. C. "Crystex"; L & M Construction Chemicals, Inc. d. "Masterflow 713"; Master Builders. e. "Sealtight 588 Grout"; W. R. Meadows, Inc. f. "Sonogrout"; Sonneborn Building Products Div., 2.3 PAINT ChemRex, Inc. A. Refer to Section 09900 — Painting for finish paint. B. Galvanizing Repair Paint: High zinc dust content paint for regalvanizing welds in galvanized steel, with dry film containing not less than 94 percent zinc dust by weight, and complying with DOD-P-21035 or SSPC-Paint-20. 2.4 WELDING MATERIALS, FASTENERS, AND ANCHORS A. Fasteners for Anchoring Railings to Other Construction: Select fasteners of the type, grade, and class required to produce connections that are suitable for anchoring railing to other types of construction indicated and capable of withstanding design loadings. 2.5 FABRICATION A. General: Fabricate guardrails and railing systems to comply with requirements indicated for design, dimensions, details, finish, and member sizes, including wall thickness of hollow members, post spacings, and anchorage, but not less than those required to support structural loads. 2.6 FINISHES, GENERAL A. Comply with NAAMM "Metal Finishes Manual" for recommendations relative to application and designations of finishes. B. Protect mechanical finishes on exposed surfaces from damage by application of strippable, temporary protective covering prior to shipment. C. Appearance of Finished` Work: Variations in appearance of abutting or adjacent pieces are not PIPE AND TUBE RAILINGS 05521 - 3 I 0401-6 acceptable if they are within 112 of the range of approved samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within range of approved samples and they are assembled or installed to minimize contrast. 2.7 STEEL FINISHES A. Preparation for Galvanizing: Prepare uncoated ferrous metal surfaces to comply with minimum requirements indicated below for SSPC surface preparation specifications and environmental exposure conditions of installed metal fabrications: 1. Exteriors (SSPC Zone 113): Unless required by ASTM A 123 and/or ASTM A 386 SSPC- SP6 "Commercial Blast Cleaning." B. Apply galvanizing to uncoated metal surfaces of guardrails and railing components, in compliance with ASTM A 123 and ASTM A 386, PART 3 - EXECUTION 3.0 PREPARATION A. Coordinate setting drawings, diagrams, templates, instructions, and directions for installation of anchorages, such as sleeves, concrete inserts, anchor bolts, and miscellaneous items having integral anchors, that are to be embedded in concrete. Coordinate delivery of such items to -- project site. 3.1 INSTALLATION, GENERAL A. Fit exposed connections accurately together to form tight, hairline joints. B. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installation of guardrails and railings. Set guardrails and railings accurately in location, alignment, and elevation, measured from established lines and levels and free from rack. 1. Do not weld, cut, or abrade surfaces of guardrails and railing components that have been coated or finished after fabrication and are intended for field connection by mechanical or other means without further cutting or fitting. 2. Set posts plumb within a tolerance of 114 inch in 12 feet. 3. Align rails so that variations from level for horizontal members and from parallel with rake of steps and ramps for sloping members do not exceed 114 inch in 12 feet. C. Field Welding: Comply with the following requirements: 1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. 2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so that no roughness shows after finishing and contour of welded surface matches those adjacent. 05521 - 4 PIPE AND TUBE RAILINGS 0401-6 3.2 ANCHORING POSTS A. Adjust guardrails and railing systems prior to anchoring to ensure matching alignment at abutting joints. Space posts at interval indicated but not less than that required by design loadings. B. Anchor posts in concrete by means of pipe sleeves preset and anchored into concrete. After posts have been inserted into sleeves, fill annular space between post and sleeve solid with lead .., or other approved material. 3.3 RAILING CONNECTIONS A. Nonwelded Connections: Use manufacturer's standard mechanical or adhesive joints for permanently connecting railing components. Use wood blocks and padding to prevent damage to railing members and fittings. Seal recessed holes of exposed locking screws with plastic filler cement colored to match finish of handrails and railing systems. B. Welded Connections: Use fully welded joints for permanently connecting railing components by welding. Cope or butt components to provide 100 percent contact or use manufacturer's standard fittings designed for this purpose. 3.4 ADJUSTING AND CLEANING A. Touch -Up of Galvanizing: Immediately after erection, clean field welds, bolted connections, and ` abraded areas, and paint exposed areas with same material. err, 3.5 PROTECTION A. Protect finishes of railing systems and guardrails from damage during construction period by use of temporary protective coverings approved by railing manufacturer. Remove protective covering at time of Substantial Completion. ,. B. Restore finishes damaged during installation and construction period so that no evidence remains of correction work. Return items that cannot be refinished in the field to the shop; make required alterations and refinish entire unit or provide new units. END OF SECTION 05521 PIPE AND TUBE RAILINGS 05521 - 5 0401-6 a• SECTION 09900 - PAINTING PART 1-GENERAL 1.0 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to this section. 1.1 SUMMARY A. This Section includes surface preparation, painting, and finishing of exposed interior and exterior items and surfaces. 1. Surface preparation, priming, and finish coats specified in this section are in addition to shop priming and surface treatment specified under other sections. B. Paint exposed surfaces whether or not colors are designated in "schedules," except where a surface or material is specifically indicated not to be painted or is to remain natural. Where an item or surface is not specifically mentioned, paint the same as similar adjacent materials or surfaces. If color or finish is not designated, the Architect will select from standard colors or finishes available. C. Related Sections: The following sections contain requirements that relate to this section: 1. Division 5 Section "Pipe and Tube Railings" for galvanized ferrous metal. 1.2 SUBMITTALS A. Product Data: Manufacturer's technical information, label analysis, and application instructions for each material proposed for use. 1. List each material and cross-reference the specific coating and finish system and application. Identify each material by the manufacturer's catalog number and general classification, B. Samples for initial color selection in the form of manufacturer's color charts. C. Samples for verification purposes: Provide samples of each color and material to be applied, with texture to simulate actual conditions, on representative samples of the actual substrate. Define each separate coat, including block fillers and primers. Use representative colors when preparing samples for review. Resubmit until required sheen, color, and texture are achieved. 1.3 QUALITY ASSURANCE A. Single -Source Responsibility: Provide primers and undercoat paint produced by the same manufacturer as the finish coats. B, Coordination of Work: Review other sections in which primers are provided to ensure compatibility of the total systems for various substrates. On request, furnish information on characteristics of finish materials to ensure use of compatible primers. PAINTING 09900 - 1 s. 0401-6 Notify the Architect of problems anticipated using the materials specified. C. Material Quality: Provide the manufacturer's best quality trade sale paint material of the various coating types specified. Paint material containers not displaying manufacturer's product identification will not be acceptable. Proprietary names used to designate colors or materials are not intended to imply that products named are required or to exclude equal products of other manufacturers. 1.4 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to the job site in the manufacturer's original, unopened packages and containers bearing manufacturer's name and label and the following information: 1. Product name or title of material. 2. Product description (generic classification or binder type). 3. Manufacturer's stock number and date of manufacture. 3. Thinning instructions. 4. Application instructions. 5. Color name and number. B. Store materials not in use in tightly covered containers in a well -ventilated area at a minimum ambient temperature of 45 deg F (7 deg C) or as recommended by the manufacturer. Maintain containers used in storage in a clean condition, free of foreign materials and residue. Protect from freezing. Keep storage area neat and orderly. Remove oily rags and waste daily. Take necessary measures to ensure that workers and work areas are protected from fire and health hazards resulting from handling, mixing, and application. 1.5 JOB CONDITIONS A. Apply water -based paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 50 deg F (10 deg C) and 90 deg F (32 deg C) or as recommended by the manufacturer. B. Apply solvent -thinned paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 45 deg F (7 deg C) and 95 deg F (35 deg C) or as recommended by the manufacturer. C. Do not apply paint in snow, rain, fog, or mist, when the relative humidity exceeds 85 percent, at temperatures less than 5 deg F (3 deg C) above the dew point, or to damp or wet surfaces. 1. Painting may continue during inclement weather if surfaces and areas to be painted are enclosed and heated within temperature limits specified by the manufacturer during application and drying periods. 2. DO NOT apply paint when weather forecasts predict the potential for wind blown dust/dirt during the time required to apply paint and required time for applied paint to fully cure. 09900 - 2 PAINTING 0401-6 PART 2 - PRODUCTS 2.0 Schedule of Coatings A. Structural Ferrous And Galvanized Steel: 1. Primer: Equal to Sherwin Williams "Duna -Plate 235 Multi -Purpose Epoxy" applied at the spreading rate to the mil thickness as recommended by the manufacturer. 2. Intermediate Coat: Equal to Sherwin Williams "Dura-Plate 235 Multi -Purpose Epoxy" applied at the spreading rate to the mil thickness as recommended by the manufacturer. 3. Topcoat: Equal to Sherwin Williams "Dura-Plate 235 Multi -Purpose Epoxy" applied at the spreading rate to the mil thickness as recommended by the manufacturer. PART 3 - EXECUTION 3.0 EXAMINATION A. Examine substrates and conditions under which painting will be performed for compliance with requirements for application of paint. Do not begin paint application until unsatisfactory conditions have been corrected. 1. Start of painting will be construed as the Applicator's acceptance of surfaces And conditions within a particular area. 3.1 PREPARATION A. General Procedures: Remove hardware and hardware accessories, plates, machined surfaces, lighting fixtures, and similar items in place that are not to be painted, or provide surface -applied protection prior to surface preparation and painting. Remove these items if necessary for complete painting of the items and adjacent surfaces. Following completion of painting operations in each space or area, have items reinstalled by workers skilled in the trades involved. 1. Clean surfaces before applying paint or surface treatments. Remove oil and grease prior to cleaning. Schedule cleaning and painting so that dust and other contaminants from the cleaning process will not fall on wet, newly painted surfaces. B. Surface Preparation: Clean and prepare surfaces to be painted in accordance with the manufacturer's instructions for each particular substrate condition and as specified. 1. Provide barrier coats over incompatible primers or remove and reprime. Notify Architect in writing of problems anticipated with using the specified finish -coat material with substrates primed by others. 2. Ferrous Metals: Clean nongalvanized ferrous -metal surfaces that have not been shop coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use solvent or mechanical cleaning methods that comply with recommendations of the ■% PAINTING 09900 - 3 Steel Structures Painting Council a. Touch up bare areas and shop -applied prime coats that have been damaged. Wire - brush, clean with solvents recommended by the paint manufacturer, and touch up with the same primer as the shop coat. 3. Galvanized Surfaces: Clean galvanized surfaces with non- petroleum -based solvents so that the surface is free of oil and surface contaminants. Remove pretreatment from galvanized sheet metal fabricated from coil stock by mechanical methods. 3.2 APPLICATION A. Apply paint in accordance with manufacturer's directions. Use applicators and techniques best suited for substrate and type of material being applied. B. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film. 1. Paint colors, surface treatments, and finishes are indicated in "schedules." 2. Provide finish coats that are compatible with primers used. 3. The number of coats and film thickness required is the same regardless of the application method. Do not apply succeeding coats until the previous coat has cured as recommended by the manufacturer. Sand between applications where sanding is required to produce an even smooth surface in accordance with the manufacturer's directions. 4. Apply additional coats when undercoats, stains, or other conditions show through final coat of paint until paint film is of uniform finish, color, and appearance. Give special attention to ensure that surfaces, including edges, corners, crevices, welds, and exposed fasteners, receive a dry film thickness equivalent to that of flat surfaces. 5. The term "exposed surfaces" includes areas visible when permanent or built-in fixtures, grille covers, grilles, and similar components are in place. Extend coatings in these areas as required to maintain the system integrity and provide desired protection. 6. Paint surfaces behind movable equipment same as similar exposed surfaces. Paint surfaces behind permanently fixed equipment with prime coat only before final installation of equipment. 7. Paint back sides of access panels and removable or hinged covers to match exposed surfaces. 8. Omit primer on metal surfaces that have been shop -primed and touch up painted. B. Scheduling Painting: Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. Allow sufficient time between successive coats to permit proper drying. Do not recoat until paint has dried to where it feels firm, and does not deform or feel sticky under moderate thumb pressure and where application of another coat of paint does not cause lifting or loss of adhesion of the undercoat. C. Minimum Coating Thickness: Apply materials at not less than the manufacturer's recommended spreading rate. Provide a total dry film thickness of the entire system as recommended by the manufacturer. 09900 - 4 PAINTING 0401-6 D. Prime Coats: Before application of finish coats, apply a prime coat of material as recommended by the manufacturer to material that is required to be painted or finished and has not been prime coated by others. Recoat primed and sealed surfaces where evidence of suction spots or unsealed areas in first coat appears, to assure a finish coat with no bum through or other defects due to insufficient sealing. E. Stipple Enamel Finish: Roll and redistribute paint to an even and fine texture. Leave no evidence of rolling such as laps, irregularity in texture, skid marks, or other surface imperfections. F. Completed Work: Match approved samples for color, texture, and coverage. Remove, refinish, or repaint work not in compliance with specified requirements. 3.3 CLEANING A. Cleanup: At the end of each work day, remove empty cans, rags, rubbish, and other discarded paint materials from the site. B. Upon completion of painting, clean glass and paint -spattered surfaces. Remove spattered paint by washing and scraping, using care not to scratch or damage adjacent finished surfaces. 3.4 PROTECTION A. Protect work of other trades, whether to be painted or not, against damage by painting. Correct damage by cleaning, repairing or replacing, and repainting, as acceptable to Architect. B. Provide "wet paint" signs to protect newly painted finishes. Remove temporary protective wrappings provided by others for protection of their work after completion of painting operations. 1. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. END OF SECTION 09900 PAINTING 09900 - 5