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HomeMy WebLinkAboutResolution - 2005-R0215 - Contract For Water Department Roof Replacement - Clay's General Contractors - 05/26/2005Resolution No. 2005—RO215 May 26, 2005 Item No. 20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Water Department roof replacement and Building E roof repairs, by and between the City of Lubbock and Clay's General Contractors of Terrell, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th ATTEST: ,Q, - k"', ---I� Reb6ca Garza, City Secretary APPROVED AS TO CONTENT: Harlan Stauffer, Facil' Manager i 5 M. Knight, A sista City Attorney day of May , 2005. gs/ccdocs/res-Contract-Clays General Contractors May 16, 2005 ITB # 05-037-MA, Addendum #3 _. City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #3 05-037-MA WATER DEPARTMENT ROOF REPLACEMENT a BUILDING ROOF E ROOF REPAIR DATE ISSUED: May 5, 2005 OLD CLOSE DATE: May 5, 2005 @ 3:00 P.M. CST NEW CLOSE DATE: May 10, 2005 @ 3:00 P.M. CST 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. Bidders attention is invited to the following: 1. Bid #05-037-MA, has been extended until May 10, 2005 60:00 PM 2. Section 07610-1.9 D — Upon completion, furnish to the owner a ten-year weather tightness warranty issued by the accepted roofing manufacturer. The contractor shall include in this bid the cost of such warranty. Added: Bidders will be allowed to submit other acceptable solutions or alternatives to meet this specification. THANK YOU, CITY OF LUBBOCK Marta Alvarez Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Citv of Lubbock Purchasing Manager if anv language. reauirements. 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 Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-037-MAAd3 1 ITB # 05-037-MA, Addendum #2 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 _ http://purchasing.ci.lubbock.tx.us ADDENDUM #2 05-037-MA WATER DEPARTMENT ROOF REPLACEMENT it BUILDING ROOF E ROOF REPAIR DATE ISSUED: May 3, 2005 NEW CLOSE DATE: May 5, 2005 @ 3:00 P.M. CST 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. The bidders attention is invited to following questions and responses. 1 Question Section 07523-2.1.13- Says install membrane over insulation by adhesive (fully adhered roofing system) - 3. LA&B Specify mechanically -fastening the membrane- a totally different roofing system. Which system do we use? The fully -adhered system is by far the better of the two systems. Response The intention is to combine the mechanically anchored perimeter with an adhered field, equal to Carlisle's Sure -Weld system. Refer to May 2004 Carlisle bulletin, "General guidelines for UL and FM code compliance", page iii. Architect will consider other options. 2 Question Section 07523- 2.1.G- Specifies 18 ga pre -finished metal- There is no such normal product- We suggest 24 ga. Response For this application, 24ga is an acceptable material thickness. 3 Question Section 07523-2.2.C- Specifies "Sure -Seal Perlite" insulation- There is no such thing- We suggest polyisocyanurate. Response Several types of tapered insulation boards are acceptable, so long as they meet the manufacturer's warranty. In an effort to allow as many different roof systems to compete for the City of Lubbock's business, it is not our intention to limit the material used at tapered insulation applications. Perlite covered foam core boards may be used. Fiberglass reinforced mat faced polyisocyanurate boards may be used. Once the existing ballast is removed and the built-up roof membrane condition is known and repaired where necessary, the deterniination of what type of tapered insulation board to be used will be discussed between the Owner, the Architect, and the Roofer. Material must be acceptable to the roofing system manufacturer's warranty. 4 Question Section 07523-3. LA&B- If a fully adhered system is used; these two sentences need to be totally deleted. If a mechanically fastened system is chosen, Part A needs to be deleted (the sheet dimensions are outdated by several years). The wind uplift requirement will mandate what sheet width is to be used. Response See answer to Question 1. A combination of 8 feet, 10 feet, and/or 12 feet wide membranes are required by Carlisle. 5 Question Section 07610-1.5.B&C- Since the metal roof is only being repaired, these two sentences do not apply. Response Disagree, new work must not reduce the code required roof UL uplift resistance. The new work shall not reduce the roof quality or lessen the existing roofs weather resistance. ITB#05-037-MAAd2 ITB # 05-037-MA, Addendum #2 6 Question Response 7 Question Response 8 Question Response 9 Question Response 10 Question Response 11 Question Response 12 Question Response 13 Question Response 14 Question -. Response 15 Question Response 16 Question Response 17 Question Response Section 07610- 1.9D- Since the metal roof is only being repaired, a 10-year weather tightness warranty is not available from the manufacturer. A warranty to the City of Lubbock to maintain weather tightness for a period of ten years will be required of the successful low bidder. Section 07610-2.2.11- There will be no EPDM liner -There will be no internal gutter when the metal roof repairs are made. Omit this statement. Sheet A2- Sections 1,2,4, &5 say to remove built up roofing- This conflicts with Note 4 on Sheet Al which says to spud, not remove all gravel [roofing]. The roofing contractor is to spud off all loose built-up roof ballast, leaving a clean deck on which to begin the new roof installation. Areas where the existing built-up roof membrane is damaged or containing moisture, the unacceptable built-up roof materials are to be removed and replaced with a new underlayment, leaving a warranty acceptable condition on which to begin the new roof installation. Sheet A2- Sections 3 &6 say to remove loose built-up roofing materials- This conflicts with note 4 on Sheet Al. See response to question 8. Sheet A3- Pictures 6 & 8 say to remove loose materials- See (9) above. See response to question 8. Sheet A4- Picture 10- Condensate line replacement is not specified. See Keyed Note 8, Sheet A5. Sheet A5- Note 6- No 18 ga prefinished metal. See (2) above. The replacement drip guards are to have a similar finish as the existing pre -finished means a steel sheet having a hot dipped coating of corrosion resistant aluminum -zinc alloy as the final finish. Compatible material is to be submitted for review during the shop drawing phase of Construction. Sheet A5- Note 10- Sporadic use of tapered insulation is not good roofing practice- Roofs need to either be (1) fully tapered or (2) not tapered at all. Ponding water is not a problem with a TPO membrane. This is a retrofit situation, there is virtually no slope. A positive slope is desired along the east parapet wall, an artificial slope must be provided. Standing water along the east parapet wall is no longer acceptable, even though the new TPO roof system warranty will allow standing water. The existing roof deck along the east parapet wall will require an artificial slope to be added to the deck in order to achieve the desired positive drainage away from the parapet wall. The Carlisle TPO roof system was selected for this retrofit so that a positive slope was not necessary over the entire roof. The finished roof installation shall not allow water to stand within ten feet of any portion of the east parapet wall. Sheet A5- Note 10- Tapered insulation is never specified as 2%, etc. The expression of 2% slope is equal to 1/4:12 pitch. Sheet A5- New roof Note 1- The insulation specified in Section 07523 is 2" polyiso, which conflicts with the 1/2" insulation noted here. No specifications are given for the 1/2" insulation New Roof Note 1 states that the insulation is to be a minimum 1/2-inch thickness, not that the insulation must be 1/2 inch thick. In areas where minimal repairs are possible, the minimum thickness may be used. The specified roof manufacturer, Carlisle, recommends 1/2-inch thick HP recovery board for this application. Sheet A6- Section 2- Shows membrane across top of A/C curbs- Are you sure that we want to disconnect, move, and re -install the A/C units to allow for this? This is not necessary from a warranty viewpoint. The intention is to provide the City with a roof that will remain watertight for at least ten years with only normal, minimal maintenance. The architect will certainly review and consider alternate installation details recommended by the roof manufacturer. For bidding purposes, in order for all bids to be considered equal, recommend that bidders quote the project as detailed. Sheet A6- Section 4- Needs walk pad at base of ladder- Mfg's require this. Secure one Carlisle Interlocking Rubber Paver, 24"x24"x2", in accordance to warranty limitations, to the finished TPO roof membrane at the base of the ladder. ITB#05-037-MAAd2 ITB # 05-037-MA, Addendum #2 18 Question Sheet A6- Section 6- No 20 ga prefmished- See (2) above. Response Note should read 22 ga. 19 Question Sheet A6- Section 6A- Panels are not specified anywhere- 22ga prefinished is available, buy may entail long lead time- Suggest 24 ga. Response The intention is to replace the existing metal panels with new metal panels that appear to be similar in design. Recommend quote include the cost of custom fabricating these panels in order to match the existing dimensions. Section 07610 material specifications apply to this portion of the work. 20 Question Sheet A6- Section 7- See (2) above regarding 18ga. and 20 ga. Prefinished Response See response to question 12. 21 Question Sheet A9- New roof notes- No 15-Year weather rightness warranty is available. Response See response to question 6. THANK YOU, CITY OF LUBBOCK Marta Alvarez Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Citv of Lubbock Purchasine Manager if anv laneuaee. reauirements. etc.. or anv 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 Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-037-MAAd2 3 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13TH STREET LUBBOC& TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ITB # 05-037-MA, Addendum #1 ADDENDUM #1 05-037-MA WATER DEPARTMENT ROOF REPLACEMENT Et BUILDING ROOF E ROOF REPAIR DATE ISSUED: April 26, 2005 OLD CLOSE DATE: April 27, 2005 @ 3:00 P.M. CST NEW CLOSE DATE: May 5, 2005 @ 3:00 P.M. CST 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. Bid Due Date as CHANGED from April 27, 2005 @ 3:00 PM to May 5, 2005 @3:00 PM. 2. The bid close date has been extended to allow contractors time to view the drawings/plans that are available in a larger format at the Reproduction Company. THANK YOU, CITY OF LUBBOCK Marta Alvarez Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Citv of Lubbock Purchasine Manager if anv laneuaee. reauirements. etc.. or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a sinele source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-037-MAAd1 1 CITY OF LUBBOCK INVITATION TO BID TITLE: WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 05-037-MA PROJECT NUMBER: 90356.8304.20000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 2. 3. 4. 5. 6. 7. 8. 9. 10 NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BED SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO BIDDERS 3 NOTICE TO BIDDERS Y ITB #05-037-MA 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 Ath Street, Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 27th day of April, 2005, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all worn: for the construction of the following described project: "WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS" 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. nBids are due at 3:00 o'clock p.m. on the 27th day of April, 2005, and the City of Lubbock City Council will consider the bids on the 12th day of May, 2005. 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. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. 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 13th day of April, 2005 at 10:00 o'clock a.m., in Training Room L0L Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, 3 Lubbock, Texas 79405. PLANS AND SPECIFICATIONS NLAY BE OBTAINED, AT THE BIDDER'S EXPENSE, FROM THE REPRODUCTION COMPANY, http://pr.thereproductioncom any.com/, Phone: (806) 763-7770. 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. i The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775- 2018 at least 48 hours in advance of the meeting. THE r REPRODUCTION COMPANY West Texas Reprographics Headquarters 2102 Ave. Q Lubbock, TX 79411 (806) 763.7770 (888) 889.5978 http://pr.thereproducti6ncompany.com Price per Spec book $ 10.18 CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, the 27th day of AR12, 2005 at the office listed below. Any bid received after the date and hour specified will be i 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 #05-037-MA, WATER . DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 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. r1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 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., April 13th, 2005 in Training Room L01, Lubbock, Texas. All persons attendingthe meeting will be asked to identify themselves and the prospective bidder the represent. g f1' p p Y p 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 ADDENDA information available over the Internet at http://www.RFPdg op t.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any 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 addenda issued by the Purchasing Department will be available over the Internet at http://www.RFPdgpot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for s 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 j supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. ' 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted " no later than five (5) calendar days prior to the opening of bids. 5 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. y, 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 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 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. 9.2 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. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All 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. 11 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. - 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 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. 12.2 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: MARTA ALVAREZ, SENIOR BUYER City of Lubbock 1625 13'h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: MAlvarez@mylubbock.us RFPDepot: http://www.RFPdgpot.com �._� z 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially 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. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. -° 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to t execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. _ 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed 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). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. -' 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. I I I I Cl r I-_ 17.4 Tseparate warranties contained herein are se arate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR 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 r Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or . others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the 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. M(c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES .,.I It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the _. project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 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. 1- 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. _ 23.3 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. 24 CONTRACTOR'S REPRESENTATIVE f 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. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be 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. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. r 26 LABOR AND WORKING HOURS 26.1 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. 14 rl I I I I H 1 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. .' 26.2 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. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without -- discount, not less often than once each week. The Contractor and each of his subcontractors 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. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 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. 29.2 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 t 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. 29.3 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 theproject). 29.4 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. 29.5 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. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: 3 (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. s (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (1) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS 1 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 t ' bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected 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) The safety record of the Contractor and proposed Sub -Contractors _ 8 32 BID AWARD 32.1 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 for the total bid amount plus the sum of any Options the City may select. 32.2 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. 32.3 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. 32.4 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. 32.5 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. 32.6 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. W I I I C I� C BID SUBMITTAL r LUMP SUM BID CONTRACT DATE: pPROJECT NUMBER: #05-037-MA - WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF , REPAIRS Bid of (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 WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS havingcarefully examined the plans, specifications, instructions to Y p p bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby. intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: ROOF REPLACEMENT AT WATER DEPARTMENT BUILDING MATERIALS: ($ ) SERVICES: ($ ) m TOTAL BASE BID: ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) OPTION #I: ROOF RENOVATIONS AT BUILDING E MATERIALS: ($ ) SERVICES: ($ ) ._$ TOTAL OPTION #l: ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) is 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 substantially 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 x as liquidated damages the sum of $250 (TWO HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with � instruction number 28 of the General Instructions to Bidders. ~' BID SUBMITTAL LUMP SUM BID CONTRACT w DATE: CAS PROJECT NUMBER: #05-037-MA - WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS / Bid of ( 6Ce r g �"� ( ) n r ur r5 hereinafter called Bidder To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: ROOF REPLACEMENT AT WATER DEPARTMENT BUILDING ��tt MATERIALS:ita�R$h5s,,{!�iKT�u.;�r�re�cl�0�'crS and W�V �j a o +0 SERVICES: h ���cSa �'F("J-e k(A►Jt"-hAbI6ar5,1J i"-b ($ '16,f TOTAL BASE BID: 3L r y fi i h.e f k&,s-,J r & ut`etJJ TWenti,4j) I Lr5 ,- i3 1 3 b o ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown/in words shall govern.) OPTION #1: ROOF RENOVATIONS AT BUILDING E _ 00 C6 MATERIALS: 1tJ2-Q1 �us� tr �u i e� �0(6rs ci ,-- r ' ($ " � SERVICES: I Dg rl�o",t l 5ix k.JrJ Sy t-,rS (-X ($ ' b_OD �6— ) TOTAL OPTION #l: F'IQ kT tk0UcSahP ) t, t( r �, ($_ (Amount shall be showiriin both words and numerals. In case of discrepancy, the amount showA inwords hall 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 substantially complete the project within 60 (SIXTY) consecutive calendar days i thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner 1 as liquidated damages the sum of $250 (TWO HUNDRED FIFTY 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 t 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 aon which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (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 . So / ��t s � h Dollars ($ , which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid s 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 shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all 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. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda 1 Addenda No. Date Addenda No. Date Addenda No. Date u Addenda No. Date M/WBE Firm: Woman Hispanic American Date: .5 / O�d-S lke C (0y A thorized Signature I L�J � (P ed or Typed Name) Company 114- #D Address 1z rr� City, County �17SIQ� State Zip Code Telephone: 6 9qq` l Fax: - Black American Asian Pacific American Native American z 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. Con a for (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: (Print or Type ) (96 0 CONTRACTORS FIRM ADDRESS: iQ h W Y Name of Agent/Broker: E T- A 4 riftrx G-e Address of Agent/Broker: (5 -Ay 2 City/State/Zip: FT Wo C o k JAgent/Broker Telephone Number: ( i 7 ) �j ,3 c�' 0e O I Dater &S C o�-JfrztAr5 Q(rP_) 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 #05-037-MA - WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS 4 KNOW ALL MEN BY THESE PRESENTS, that we CLAY'S GENERAL CONTRACTORS INC. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 5000 Plaza on the Lake, Suite 290, Austin, TX 78746, as 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 (51/6) of the Amount Bid by Principal 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 Remove Existing Built Up Roof and Replace Water Department .: Roof w/ TPO also Repair Roof on Building E. Bid No. 05-037. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 10'h day of MAY, 2005. CLAY'S GENERAL CONTRACTORS INC. (Principal) BY: TITLE:'t SureTec Insurance Company BY: M LA HILL, Attorney -in -Fact SureTec Bid Bond Rev 11.11.03 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. ------------------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev 11.11.03 St.1rO' t LIMITED POWER OF ATTORNEY Know AU Alen At, These Presents, That SURFTEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Howard Cowan, Marla Hill of Lubbock . Texas its true and lawful Attorney(s)-in-fact, with fill power and authority hereby conferred in its name, place and stead, to execute, acknowledgc and deliver any and all bonds, reeognizanees, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/ 100 dollars (S 5,000,000.00 j and to hind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attornet-in-1 iact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deli%,cr, any and all bonds, recognirtnces. contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such A ttomey-i n- Fact shall be binding upon the Company as if signed by the President and sealed and effected by the. Corporate Secretary. Be it Resoled, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201h of April, 1999.) In {fitness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 131h day of December, A.D. 2004. SURETEC INSURANCE COMPANY AN�•t„C Coqmratc Seal Slate of Texas John Knox, Jr., County of Harris ss: President On this 13th day of December A.D. 2004 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, I exas. that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. !rotary Seal Rhonda McCary, Notary Public My commission expires September 11, 2006 I, Richard W. Sauce, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of' Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, t have hereunto set my hand and affixed the seal of said Company at I louston. Texas this * 10THlay of MAY 20 05 , A.D. S�FlaN�F f f r X 9 ` t (ul F �,o'•._ 1 -''r Rte at 3t�Cr N%sistnnt 4crfttnry Corporate Seal 'This date must be the same as the date of execution, of the attached instrument. 10.3 WY-24-05 11:222e Froze -CITY OF LUBBOCK-PURCHASING 8067752154 T-518 P.01/03 F-030 SAb'ETY REC03LA QtTESTYONNA= (Must Be Submitted Witkt laid Submittal) The City of Lubbock City Council desires to tivazl Itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety feeord3 Of potential contractors prior to awarding bids on City contracts. Puri ant to Section 252.0435 of idle Local Govertur ent Code. City of Lubbock has adopted ft following written definition and criteria for accurately determining the safety record of a bidder pnor to awarding bids on, City comractS. / The definition and criteria for detcrtnining the safety record of *bidder for taus conridcration shall be: The City of Luppock shalt consider the safety recur d of thebidders in dowrminiug the rrcponsibiltiy thereof. The City may consider any incidence involving worker :safety or safety of tit& citiaent of the City of Lubbock. be it related or caused by ettvlronmontal, awshanleat, operational, supervision or any other CILOse or fLctur, speeifieatly, the City may consider, arsons other thi► p: a. Complaints to, or firtal orders entered by, fbe Occupational Safcty and I1culth Review Commission (OSURC), again the bidder for violations of OSHA. regulations within the past thrcc (3) ycura. ~ b. Citations (as defined below) tram an Environmental protection Agcney (as def5ned below) for violatiom within be past five (S) yearr. Xnvil'oanuuLW Protection Aeaneies include, but arc not nccoaawily limited to, the U.S. �• Army Corps of Engineers (USACOL•), floc tT.$. Fish atld Wildlife Service (USFWS), the F.nvirontuontai Protection Agency. (EE'A). the Tortat; Commission Ott Enviromueutal Q nlity ('1 CEsQ), taro Tomas Natural Resource Conservation Conuniss►on (TNRCC) Wedocessor to the TCBQ), the Texas Dcparunvot of health CMH), the Texas Parks and 'Wildlife Department (TPW1D), the Structural Pest Control Board (SPCB)► agencies of local governments responsible for enforcing cavironmeAUl protection or wvrltcr safety related laws or r9aulatioas, and similar reuulaTory agonies of ocher states of the Unitcd States. Citations include notions of violation, notices of enforoemen% suspensioNrevoeadous of state ox fedcral diseases or regiAmbons, fine$ assessed, pending criminal complaints, indicttrienis, or convictions, adtx*dstrative orders, draft orders, final '~ orders, and judicial final judgment:%. C. Convictions of a wimival offs rasa within the past ten (l o) years, which resulted in bodily harm or death. d. Any other safcry related maser deemed by the City Council to be matedtil in deternuning the responsibility of the bidder and his or lucr ability to perform the services or goods required Dy the bill documents in a safe environmont, bout for the workers And other crnployees of bidder stnd the citizens of the City of Lubbock. in order to obtain proper info ntatior flour bidders so that City of Lubbock may consider t1le safety rcaords or potential corttratnars prior to awarding bids on City contracts, city of Lubbock rcequirie€ that bidders answer the following three (3) questions and submit tbcm with Thcir bra*: W Oj-TEMQN ONCE - -- Ras the bidder, or the firm, corporation. parulcrshlp, or institution rcptrsaittcd by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past tbree (3) years? YES, NO � ...... ' It the bidder ens indicated YES for question number one above, the bidder must prot►tde to City of Lubbock With its bid submission, the following information with rrspecl to each such citatiot►: Date of offen, e, locatian of ust:,bliahment inspected, category of offenr;c, final disposition of offcnso, if any, and Vc021ty assessed. _ 3 No Text Is.4 May-24-05 11=t2am From -CITY OF LUBBOCK-PURCHO ING IQGTT5t104 T-518 P.02/03 F-036 QUESTION TWO Has the bidder, or the firm, corporation, partnership, or instituion representod by the bidder, or unyone acting for such first, Corporation, partncrship or institution, roocived citations for violatton9 of eavironmental protection laws or regulations, of any land or type, witlx6i dic past fivo yours? Citations includes -notice of violation, notice of Mforeement, suspension/rovoeadons of state or federal licrrt-Ses, or rcg6uotions, fines assosscd, paneling criminal compluinta, indictments, or convictions. administrative ordrrc, draft orders, final ordcr9, and judwial final judgments. YES NO� If the bidder has indicated YSS i-or question number two above, the bidder must provide to City of Lub1x=k, with its bid submission,, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occuned, type of offense, final disposition of otrc7nsc, if any, and - ptsnslty usscsxcd. 01l1ESTION TARFF gas ft bidder, or the firm, eorporatton, partnership, or institution rcpm4w.=tcd by bidder, or anyone acting for such Firm, corporation, partnorsbip, or institution, ever been convirted, within thc'past ten (10) years, or u criminal offense which resulted in serious bodily injury or death? YBS _ If flu bidder has indicated YES for question number thrm above, due bidder must provido to City of Lubbock, with its bid submission, the following information with respect to cash such conviction; Date of offense, location wh= offense occurred, type of o5cusr, final disposition, of offense, in any, and penalty assessed. gieT,'4_� .r9l"i0�Ti THE STA'TIE OF TEXAS COUNTY OF LUBDOCK I certify that I have made no willful rnisrepresonuaLonm in this Questionnaire nor have I wiihkueld mformation in my statements and answam to questions, I Ann aware that the information given by mte in thi. gUe5t9oxut3tiuee ari11 be invas4atred, with my full permission, and That any mtsreprrsrmtationg or omissions may cause my bid to be rejected. ._e � Signatytrc � Title G p.2 May-24-05 11:21im From -CITY OF LUBBOCK-PURCHASING 80677Silbd T-510 P.03I03 F-Oas SUSPENSION AND DEBARMENT CERTIMCAi'YON Federal Law (A-102 Common Rule and OMB Circular A-110) prolifloba non -Federal entities from contmatintg with or maidng sub -awards under covered transactionw, to parries their arm suspended or debarred or whoae principals are s•ucpended or debarred. Covered traltsactions include procuremcnt eontmets for goods or services equal to or in excess of $25,000 astd all non-pmeutement tt'811SaC10IM► (e.g., pub -awards to sub -recipients). Contractors receiving individual aWards of $25.000 or more and all snb-recipients trust certify that their orgartization and its principals are not suspended or debarred by a Federal agency. Before an award of 225,000 or more can be ?rack to yol.tr fum, you must ce -t iffy that your organirntiou and its principals are no; suspended or debarred by a Federal agency. I, the undersigned agens, for the iirin named below, cerrti fY thAt Iaeither this Arun nor its pr3ncipais are sa spended or debarred by a Federal agency. 1 . COMI'RNY NAlvM: ; " '�X` P ;. (V. Signanae of Company Official: �r •�4r� :h ��...-=' 1 t- - Dare Signed: Printed name of company official signing above: .J t + �( L, l�'" 7 PAYMENT BOND SureTec Insurance Company 10,000 Memorial Drive, Suite 330 Houston, Texas 77024 713-812-0800 TEXAS STATUTORY PAYMENT BOND (Public Works) Bond No.:4347607 KNOW ALL MEN BY THESE PRESENTS: THAT, CLAY'S GENERAL CONTRACTORS INC. (hereinafter called the Principal), as principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto CITY OF LUBBOCK (hereinafter called the Obligee), in the amount of FORTY-SEVEN THOUSAND THREE HUNDRED TWENTY AND NO/100 Dollars ($ 47,320.00 ) 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 contract with the Obligee, dated the 26TH day of MAY, 2005 for BID #05-037-MA - WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS 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 null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that change in Contract Time or Contract Amount shall not in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Amount. IN l..... S WHEREOF, the said Principal and Surety have signed and sealed this Instrument iil5 3RD day of JUNE, 2005. Principal: CLAY'S GENERAL CONTRACTORS, INC. By: 2e,44 -� Surety: eTec Insur ompany BY' — WARD COWAN A#AYno%t-in-C:nM SureTec Insurance Company Required Notices Rider Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ur el LIMITED POWER OF ATTORNEY Know AH Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Howard Cowan, Marla Hill of Lubbock , Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and noll00 dollars (g 5,000,000.00 _ ) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary. hereby ratifying and confirming all that the said Anomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds. recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20"' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 13th day of December, A.D. 2004. SURETEC INSURANCE COMPANY Corporate Seal �vW xAN9�t°; ems'•. 1 < State of Texas John Knox, Jr., County of Harris ss: President -' On this 13th day of December A.D. 2004 belbre me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston. Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Notary Seal Rhonda McCary, Notary Public My commission expires September 11, 2006 1, Richard W. Sauer, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney. executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this *3RD day of JUNE , 20 05 , A.D. SVRAINV P eve f..••� •..� :.Ot7 w w =� _ ems'•:.1 *oar Rle €t'�a. Cor x�rate Seal "* " Assistant Scrtnry 1 »a .. *This date must be the same as the date of execution of the attached instrument. t CERTIFICATE OF INSURANCE Jun 23 05 01:59P Cornerstone Ins. 9409373997 P.2 ACORD CERTIFICATE OF LIABILITY INSURANCE IY OG/2DATE 3/2005 PRODUCER CoaTlerstone I isurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER5 NO RIGHTS UPON THE CERTIFICATE 2d5 Commerce St. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 790 Childress TX 79201 INSURERS AFFORDING COVERAGE INSURED Ci_• _" S GLNEKAL CONTRACTING INSURER A: Texas Mutual Insurance Co. ,,,, •-_. 18640 HWY 1565 INSURERS: Petrolia Insurance Co. INSURER 0, Zurich Insurance Co. Terrell TX 75160 . R. rR 0; _..,.. ..... ___.. INSURCR C: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINQ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TI4E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN l2CDUCE0 BY PAID CLAIMS. INSR I To TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS OENCKAL LUWILITY EACH OCCURRENCE $ .. ._.— FIRE, DAMAGE (Any one Ilre _ COMMEKCIAL GENERAL, LIABILITY CLAIM5 MADE Ll OCCUR S MCD G%P -(Any one person)$ PERSONAL 6 AQV INJURY S _ GENERALAGGREGATE 6 t TL AGGREGATE- LIMIT APPLIES PER: Get PRODUCTS - COMPIOP AGG _ 11 POLICY PRO LAC B AUTOMOBILE LIABILITY ANY AUTO TRA062AR3 02/01/2005 02/01/2006 COMBINED SINGLE LIMIT(Ea a8INEDCCdonl) S 1,000,000 __. • , BODILY INJURY (PerFwsan) ALL OWNED AUTOS SCHEDULED AUTOS _ FX GOOILYINJURY (Per accident) .... ..__ HIRF,DAUTOS NON -OWNED AUTOS PROPERTY OnMnOE (Peraoddent) $ GARAGE LIABILITY Ny,- EA,ACCIOENT S cmcrt Tnnn FA ACC AUTO ONLY: AGp ANY AUTO t E—XCIIESS LIABILITYI�—tI 1 OCCUR I I CLAIMS MAOE EACH OCCURRENCE,,, g..... 11.00M .ATE _ OEOUCTIGLE e R .TFNTI 1N t A WORKERS COMPENSATION AND 1 SF-0001157058 05/06/2005 05/ 16/2006 $Tp� X TV&y_UNUU T1 EMPLOYERS' LIABILItY G.L._CACH ACCIDENT � 10Q=00_0 d 100,000 E.L. DIeEAEE_ GA EMr%LOYGF 500,000 E.L. 015EASE -POLICY 10 LTLI C oTHEFOuildem Risk BR61742492 06/14/2005 06/14/2006 50,000 DESCRIP11ON OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTAFECIAL PROVISIONS Water Dept, roof replavetnont and Bldg L'- rcpairs at 402 Municipal Dr. in Talhhn0c, TX (C'ontracT # 5907) City of Lubbock is primary Additional lnsm'ed on the Commercial Auto with respcct to this pmjcct, and laa5 Waiver of Subrogation endorsed to the Commercial Auto and Worker's Compensation. GCK I IrIGATE MULUCK I .% I ADDI11ONAL INSURED' INSURER LETTER: +J bHPN.cL_LH I IWIM GI IOULO ANY OF TI M ABOVE DESCRIBED POLIC193 NC CANCELLED OCFORC TKE EXPIRATION City of I,ubbock OATS THERSOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL , v DAYS WRITTEN PUrchasinp Dem. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALL P.O. Box 2000 IMP09C NO omueAnoN OR LIABILITY Or ANY KIND UPON TKE INSURER, ITS AGENIS OK REPRESENTATIVES. Lubbock TX 79457 AUTHORIZED REPRESENTATIVE Mark A. Fna1e ACORD 25-S (7/97) 0 ACORD CORPO TION 1988 06/21/2005 14:05 FAX BRADLEY INSURANCE Q001/002 COR M CERTIFICATE OF LIABILITY INSURANCE DATE(MMVOD/YYYY) .A PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bradley Insurance Agenc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I' 1415 Summit Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76102 817-33 - 288 INSURERS AFFORDING COVERAGE NAIC# INSURED Clay' s General Construction INSURER A =r icht General A a !, Clay, Mark INSURER B: 18640 Hwy 1565 INSURER C: Terrell, TX 75160 INSURER D: I IQ72-r.7d-QQAA INSURER E: n��mswnlr� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -9NSR LTR WWI- NSRDDAT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICYEXPIRATION LIMITS (3 A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE i —Xi OCCUR CL420905775 10/20/2004 10/20/2005 EACH OCCURRENCE $ 1 PREMISES Ea occure ce $ 50,000.00 MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2 .000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY ECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS j HIRED AUTOS i ) NON•OWNEDAUTOS I COMBINED SINGLE LIMIT (Eaaccident) $ BODILY INJURY (Per person) $ BODILYINJURY (Peraccident) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC AUTOONLY: AGG _ S $ URBRE� LIABILITY C tLCLAIMSMADE OCCUR FILDEDUCTIBLE RETENTION S EACH $ ERRENCEEXIE AGGREGATE S S $ WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETORrPARTNERIEXECUTIVE OFFICEWMEMBER EXCLUDED? Ilyes,desaibeunder SPECIAL PROVISIONS below -W TH- T YLI I ER E.L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYE $ E.L DISEASE - POLICY LIMIT i $ OTHER i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate holder is shown as primary additional insured on liability policy with a waiver of subrogation included. form #ME-009P attached. City of Lubbock Attn: Tina 1625 13th Street - Suite 204 Lubbock, TX 79401 Fax: 806-775-2164 /hb SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION I DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 1 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD25(2001/08) / J " 0 ACORD CORPORATION 1988 06/21/2005 14:06 FAX BRADLEY INSURANCE Event (Event Succeeded) Q 002/002 Date: 4/22/2005 Time: 3:38 PM Pages: 2 Sender: Company: Fax Number: 04/22/2005 FRI 15:42 FAX 121001 L11 EVANSTON INSURANCE COMPANY ADDITIONAL INSURED ENDORSEMENT (PRIMARY) al/ ms w. - -- -- ATrAC►lF�To AND FORMING V",=VE DAM nownTo PARTOFPO�IGym OFGNDOR66�'L<DST CL420905775 6 21 05 Cla ' THiS ENDORSEMENT CHANGES THE POLICY. READ iT CAREFULLY. SECTION 11—WHO IS AN INSURED of the Commercial General Liability Form is amended to include: Person or Entity: City of Lubbock 1625 13th Street, Suite 204 Lubbock, TX 79401 insured anitional d onlyforinsured oxurrences,spolicy, but cialma or coverage not as otherwisects e negligent in the policy. of the Named it is further agreed that where no coverage shall apply herein for the Named Insured, no coverage nor defense - 3 shad be afforded to the above Identified additional insured. Moreover, n is agreed that no coverage shall be afforded to the above identified additional insured for any bodily Injury, personal injury, or property damage to any employee of the Named Insured or to any obligation of the additional insured to Indemnify another because of damages arising out of such injury. Subject to the foregoing, it is further agreed that when insurance coverage Is afforded by this policy for the above Additional Insured(s), it shall be primary insurance as respects any claim, loss or liability arising out of the named insured's operations. Additional Premium: Authorized Representative ME-009P (01101) L I CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain fiom each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 11 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." _m "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the proj ect; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. F] I CONTRACT CONTRACT #5907 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26TH DAY OF MAY, 2005 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 CLAY'S GENERAL CONTRACTORS of the CITY OF TERRELL, COUNTY OF KAUFMAN 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 #05-037-MA - WATER DEPARTMENT ROOF REPLACEMENT & BUILDING E ROOF REPAIRS — $47,320 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. CLAY'S GENERAL CONTRACTORS bid dated May 10, 2005 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the 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 poties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first abKe written. CITY OF LE YOR ATTEST: City ecretary (OWNER): CONTRACTOR: CLAY'S GENERAL CONTRACTORS APP VE AS O C E COMPLETE ADDRESS: 7 Clay's General Contractors 0418640 Hwy 1565 Owner's Represen ive Terrell, Texas 75160 APPROVED AS TO FO ATTEST: Corporate Secretary GENERAL CONDITIONS OF THE AGREEMENT 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 CLAY'S GENERAL CONTRACTORS who has agreed to perform the work embraced in this contract, or their legal representative. 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 HARLAN STAUFFER FACILITIES MANAGEMENT, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. r- I 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBELITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES y 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 1-1, I suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension 3' 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. T' 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. 7�,�E:`I1i�r`/i►1�7.YMM-1,, 0#90217�1a[�7� The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be f ' 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. 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 _.: A 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. 6 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. yr 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. 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. 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 piudent 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." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case a 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 v 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 3 specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that 6 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 Irv' 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 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 A, with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. l 28. CONTRACTOR'S INSURANCE 3 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 _ 7 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. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Products & Completed Operations Hazard Contractual Liability Fire Damage (any one fire) Personal Injury Advertising Injury Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000 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 a primary 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 — NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 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 0406.096, 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 �s (b) no later than seven days after receipt by the Contractor, a new certificate of coverage Mb 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. 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 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the l . , Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or t ' 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; K (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 tree project; (d) obtain from each person providing services on a project, and provide to the governmental entity: 11 (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 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 8001372-7713 or 512/804- 4000 (http.11www.twcc.state.tx.acs/t vcccontacts.irtml) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: G) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning _ work on the project; (iii) include in all contracts to provide services on the project the following language: } `By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that 12 the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (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. yF 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 3 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 Y 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. .E 13 a 31 .' 32. 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. 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 14 Owner may withhold permanently from Contractor's total compensation, the sum of $250 (TWO HUNDRED FIFTY DOLLARS I 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. 35. THE AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may 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. 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 15 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 employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. .i G' ST!-.- 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 L_3 16 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. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been { substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, l Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any ., 17 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) 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 bean 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 p with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the L 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 t b' 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. -* 18 t-] 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 to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract �A price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from -` the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be 1 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. -. 19 3 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. y 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, finn, 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 �{ 20 _.a C 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. 21 I CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 2002-RO483, NOVEMBER 14,2002 Craft 1, 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 Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice 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 City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 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 I 10,14:1 Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman. 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Track Driver -Heavy 8.00 Truck Driver -Light 7.00 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime in excess of forty hours per week shall be as required b the Fair Labor Standards Act. � m' P ) q Y Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS PROJECT BOOK City of Lubbock New Roofs for Water Department Building and Building E Lubbock Water Department Lubbock, Texas February 2005 CHA, Inc. Project 0431 Chapman Harvey Architects, Inc. 612 Broadway Lubbock, Texas 79401 806-749-1153 Set No. Mach 7, 2005 City of Lubbock Water Department New Roofs for Water Department Building & Building E Lubbock, Texas February 23, 2005 Chapman Harvey Architects, Inc. CHA, Inc. Project 0431 Table of Contents Bidding Requirements and Conditions of the Contract Provided by the City of Lubbock Purchasing Department Division 1 General Requirements 01010 Summary of Work 01030 Options 01040 Coordination and Meetings 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Facilities 01600 Material and Equipment 01700 Contract Closeout Division 2 Site Work 02050 Demolition Division 5 Metals 05500 Metal Fabrications 05511 Fixed Metal Ladders Division 7 Thermal and Moisture Protection 07523 Single -Ply Thermoplastic Roofing 07610 Sheet Metal Roofing 07900 Joint Sealers Division 9 Finishes 09900 Painting G 2005 Chapman Harvey Architects, Inc. Unauthorized duplication prohibited. TABLE OF CONTENTS TC - 1 March 7, 2005 SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Work covered by Contract Documents. B. Owner's responsibilities. C. Contractor's use of site and premises. D. Owner occupancy of the facility. E. Project completion time. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Work of this project includes all items shown and/or described in the bid documents for the two new roofs. B. Base Bid — controlled demolition of the existing built-up roof, clean and prepare roof deck for new roof, install a new TPO roof system and associated flashing. C. Option A — controlled demolition of a portion of the existing CMV wall and flashing, clean and prepare area for new roof, install new metal roof panel extensions and gutter system. D. Perform utility construction and site improvement work as designated on plans. Pay all associated costs: including, but not limited to frontage fees, connection fees, meter fees, and dump fees. This includes water, gas and wastewater service to local utility companys. l 1.4 OWNER'S RESPONSIBILITIES A. Assist the contractor in maintaining job site safety by instructing employees, tenants, and visitors of the potential dangers at the site. B. Provide access for the contractor to portions of the existing site as may be required for this project. C. Provide parking and storage space for contractor's employees, equipment, and materials. 1.5 CONTRACTOR'S USE OF SITE AND PREMISES A. Limit the use of site and premises to allow: 1. Owner occupancy. 2. Work by others. 3. Use of site and adjacent building premises. rr 13na00gonieii�d pl'c h'on proii6ve�' L SUMMARY OF WORK 01010 - 1 March 7, 2005 1.6 OWNER OCCUPANCY A. The owner will occupy the site and adjacent buildings during entire period of construction for the conduct of normal operations. B. Cooperate with owner to minimize conflict, and to facilitate owner's operations. 1. Temporary interruptions must be scheduled at least 48 hours in advance with the architect. 2. The Water Department is not to be without utilities for any period of time due to this project. 3. Maintain a clear path for emergency vehicles at all times. C. Schedule the work to accommodate these requirements. D. Contractor is responsible for the safety of visitors to the job site. 1.7 PROJECT COMPLETION TIME A. The entire scope of work included in this contract and described herein shall reach substantial completion within the number of calendar days submitted in the proposal. B. See Article 8.1 of the General Conditions for definition of Working Days. C. See Article 8.2 of the General Conditions for computation of Contract Time. D. See Article 8.3 of the General Conditions for claims for extension of Contract Time. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION & a°4gQ �p#'��'�n bSh6 �e`�,' SUMMARY OF WORK 01010 - 2 March 7, 2005 SECTION 01030 OPTIONS PART GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. All work related to the preparations of renovating the roof of Building E as shown on the drawings, is to be part of Add Option A. B. All work related to the new roof for the Water Department building is to be included in the base bid. C. Legend: Base Bid — new roof for Water Department Building Add Option A — renovating roof for Building E. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 02005 Chapman Harvey Architects, Inc. OPTIONS 01030 - 1 Unauthorized duplication prohibited. March 7, 2005 SECTION 01040 COORDINATION AND MEETINGS PART GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Coordination. B. Renovation project procedures. C. Existing conditions. D. Pre -Construction conference. E. Pre -Roofing conference. 1.3 COORDINATION A. Contractor shall coordinate scheduling, submittals, and work of the various sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. A separate project schedule shall be provided by the contractor. C. Do not commence work at the site, until all of the materials and equipment to be incorporated into the project are on the site or within one day of delivery to the site. D. The contractor shall schedule and coordinate the work so that once Notice to Proceed is given and work commences, the work will progress continually without interruption until the work at the site is substantially completed. E. Contractor shall coordinate completion and clean up of work in preparation for substantial completion. F. Contractor shall coordinate all construction activities and storage of materials with the architect and City representative so as to minimize disruption of activities at the sites. The facilities shall continue their daily activities throughout the life of this contract. 1.4 RENOVATION PROJECT PROCEDURES A. Materials: As specified in product sections; match existing products and work for patching and extending work. B. Remove, cut, and patch work in a manner to minimize damage and to provide a means of restoring products and finishes to original condition. 6,.1.01 o�Z�9d�P �ai.0Xp^rohh6ne'� Inc COORDINATION AND MEETINGS 01040 - 1 1.5 1.6 March 7, 2005 C. Where new work abuts or aligns with existing, perform a smooth and even transition. Patched work to match existing adjacent work in texture and appearance. Notify architect if conditions will not allow an acceptable transition. D. When finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make reconnnendation to the architect. EXISTING CONDITIONS A. Underground utilities: Failure of the drawings to show underground utility lines or other concealed piping, wiring and the like shall not be constructed as a guarantee on the part of the architect or the owner that such conditions do not exist, though unknown. All operations involving excavation or removals shall be done at the risk of the contractor who shall take the necessary precautions to protect employees and the public from injury or death and to avoid damage to existing systems. B. Damage to existing systems: Whether exposed or concealed, any piping (such as piping for gas, water, waste, vent, drainage, sewer, heating, or cooling systems, etc.) or wiring (such as wiring for electric lighting, power, public address, telephone, or signalling systems, etc.) which is encountered during the construction period and becomes damaged shall be repaired or replaced at contractor's expense. Only life and property threatening conditions may be repaired prior to a fully executed field order. PRE -CONSTRUCTION CONFERENCE A. Attendance: After award of contract and prior to start of construction, contractor's direct representative, major subcontractors, owner's employees responsible for project, architects and engineers shall attend conference. Time and location as mutually agreed. B. Agenda: 1. Execution of Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of subcontractors, list of products, Schedule of Values, and progress schedule. 5. Designation of personnel representing the parties in contract. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Use of premises by owner and contractor. 8. Owner's requirements. 9. Security and housekeeping procedures. 10. Project Schedules. 11. Procedures for maintaining record documents. u'd'1U0thoi iuphcai on plohh6l�a�''"` COORDINATION AND MEETINGS 01040 - 2 March 7, 2005 1.7 PRE -ROOFING CONFERENCE A. Attendance: At appropriate phase during construction, contractor's direct representative, roofing subcontractor's superintendent, state employees responsible for project and architect shall attend conference. Date, time and location as mutually agreed. B. Purpose: 1. To familiarize owner's employees, architect and roofing subcontractor with roof system to be installed. 2. Mutual interpretation of plans and specifications. PART PRODUCTS NOT USED PART3 EXECUTION NOT USED END OF SECTION unau° o 3�P c.g, P,.% te`�' h COORDINATION AND MEETINGS 01040 - 3 SECTION 01090 REFERENCE STANDARDS PART GENERAL 1.1 RELATED DOCUMENTS Match 7, 2005 A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance. B. Schedule of references. C. Adherence to accessibility standards. 1.3 RELATED SECTIONS A. General Conditions: Reference Standards. 1.4 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of contract documents. C. Obtain copies of standards when required by contract documents. D. Should specified reference standards conflict with contract documents, request clarification from architect before proceeding. E. The contractual relationship of the parties to the contract shall not be altered from the contract documents by mention or inference otherwise in any reference document. 1.5 SCHEDULE OF REFERENCES AA Aluminum Association AABC Associated Air Balance Council AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADA Americans with Disabilities Act ADC Air Diffusion Council AGA American Gas Association U auth Chapman Harvey Architects,prohibited. Inc. REFERENCE STANDARDS 01090 - 1 Unauthorized duplication prohibited. _u AGC Associated General Contractors of America AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AMCA Air Movement and Control Association ANSI American National Standards Institute APA American Plywood Association ARI Air -Conditioning and Refrigeration Institute ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood -Preservers' Association AWS American Welding Society AWWA American Water Works Association BHMA Builder's Hardware Manufacturer Association BIA Brick Institute of America CDA Copper Development Association CLFMI Chain Link Fence Manufacturers Institute CPSC Consumer Product Safety Commission CRSI Concrete Reinforcing Steel Institute DHI Door and Hardware Institute EJMA Expansion Joint Manufacturers Association FGMA Flat Glass Marketing Association FM Factory Mutual System FS Federal Specification GA Gypsum Association V 2005 Chapman Harvey Architects, Inc. Unauthorized duplication prohibited. REFERENCE STANDARDS 01090 - 2 t" ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers MBMA Metal Building Manufacturers Association. ML/SFA Metal Lath/Steel Framing Association NAAMM National Association of Architectural Metal Manufacturers NCMA National Concrete Masonry Association NECA National Electrical Contractor Association NEMA National Electrical Manufacturers' Association NFPA National Fire Protection Association NPCA National Paint and Coating Association NRCA National Roofing Contractor Association NWMA National Woodwork Manufacturers Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association PS Product Standard RMA Rubber Manufacturers Association SDI Steel Deck Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SH Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractors' Association SSPC Steel Structures Painting Council TAS Texas Accessibility Standards TCA Tile Council of America, Inc. UL Underwriters' Laboratories, Inc. WCLIB West Coast Lumber Inspection Bureau WRI Wire Reinforcement Institute WWPA Western Wood Products Association C 2005 Chapman Harvey Architects, Inc. Unauthorized duplication prohibited. REFERENCE STANDARDS 01090 - 3 WWPA Woven Wire Products Association PART PRODUCTS NOT USED PART 3 EXECUTION 3.1 The general contractor and all sub -contractors constructing, installing, or providing materials for this project shall provide and/or install building components that comply with these standards. END OF SECTION 0 2005 Chapman Harvey Architects, Inc. Unauthorized duplication prohibited. REFERENCE STANDARDS 01090 - 4 tn, SECTION 01300 SUBMITTALS PART1 GENERAL 1.1 RELATED DOCUMENTS March 7, 2005 A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Submittal procedures. B. Schedule of Values. C. Construction Progress Schedules. D. Application for Payment. E. Shop drawings. F. Samples. G. Change Procedures. H. Manufacturer's instructions. I. Manufacturer's certificates. J. AIA Form G702 - Application and Certificate for Payment. K. AIA Form G703 - Continuation Sheet. 1.3 RELATED SECTIONS A. Section 01700 - Contract Closeout: Contract warranty and closeout submittals. 1.4 SUBMITTAL PROCEDURES A. Transmit each submittal with AIA Form G810 or contractor's standard preprinted transmittal form. Identify the project title, project number, numbers of copies submitted, notice of deviation from contract documents and any other pertinent data. B. Sequentially number the transmittal forms. C. Identify project, contractor, subcontractors or supplier; pertinent drawing sheet and detail number(s), and specification section number, as appropriate. D. Coordinate and schedule submittals to expedite the project. E. Deliver all copies of the submittals to the architect's business address. 6.a°4 o le�d�Pf �� orP o5, 6,A, li". SUBMITTALS 01300 - 1 March 7, 2005 1.5 SCHEDULE OF VALUES A. Using AIA Form G703 - Application and Certificate for Payment, Continuation Sheet, submit Schedule of Values to Architect. B. Submit Schedule of Values within 15 days after date established in Notice to Proceed. Provide two copies. C. Use the Table of Contents to establish Schedule of Values format. Identify each line item with number and title of the specification section. D. Include in each line item any amount of Allowances specified in the project. E. Include within each line item Contractor's overhead and profit. F. Each application, revise schedule to list approved Change Orders to date. 1.6 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for architect's review. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of work at each submission. G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by owner and under allowances. 1.7 APPLICATIONS FOR PAYMENT A. Submit three copies of each application on AIA Form G702 - Application and Certificate for Payment and AIA G703 - Continuation Sheet. B. Utilize Schedule of Values for listing items in Application for Payment. C. Payment period to be as defined in Owner -Contractor Agreement. D. Include one copy of waiver of liens from each subcontractor. 1.8 SHOP DRAWINGS A. Submit shop drawings with all product literature, out sheets, and photographs in a bound format. f gg ...' na00tt;OCize upr�.aiioXpro5v6 tA, Inc. SUBMITTALS 01300 - 2 March 7. 2005 B. Submit the number of copies which the contractor requires, plus three copies which will be retained by the architect and owner. The architect will deliver two copies to owner for their review and comment. C. Mark in GREEN INK each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this project. The architect's review comments will be in RED INK. D. Apply contractor's stamp, signed, or initialed certifying that review, verification of products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the work and contract documents. Subinittals delivered to the architect for review that have not been stamped and initialed will be returned without review. E. Identify variations from contract documents and product or system limitations which may be detrimental to successful performance of the completed work. F. Provide space for architect's review stamps. G. Revise and resubmit shop drawings as required, identify all changes made since previous submittal. H. Distribute copies of reviewed and approved shop drawings to concerned parties. Instruct parties to promptly report any inability to comply with provisions. I. Provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.9 SHOP DRAWING REVIEW A. The architect shall affix a stamp upon the submittal with appropriate wording stating if submittal is accepted, accepted with noted revisions, revise and re -submit, or rejected. Rejected submittals are to be completely re -worked, assigned a new submittal number, and submitted as a new submittal. B. The architect shall provide copies of the submittal to the owner for the owner's review at the same time the architect is reviewing shop drawings. C. The contractor shall not begin work or order material for which a submittal is required until a submittal has been stamped accepted or accepted with noted revisions and returned to the contractor. D. Schedule submissions at least 14 working days before date reviewed submittal will be needed. The architect shall be allowed 14 working days for each submittal review. E. The architect shall notify the contractor when submittals are reviewed and ready for inclusion into the project. F. The architect shall review the same shop drawing submittal no more than two times. If more than two submittals are required in order to achieve an accepted submittal, the contractor shall be charged $100.00 per hour for each review beyond the initial two. The architect's review fee shall be paid by the contractor in full prior to the release of the accepted shop drawings. 1.10 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing with work. a'A)00r;o zed da��"cai on proin6 ie�' L c SUBMITTALS 01300 - 3 No Text NOT USED END OF SECTION March 7, 2005 nau�honze�upr.a(i�ion prerciiioig., ln`. SUBMITTALS 01300 — 5 March 7. 2005 A. Confonn to reference standard by date of issue current on date of contract documents. B. Obtain copies of standards when required by contract documents. C. Should specified reference standards conflict with contract documents, request clarification from architect before proceeding. D. The contractual relationship of the parties to the contract shall not be altered from the contract documents by mention or inference otherwise in any reference document. E. ANSUASTM E329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials Used in Construction. 1.6 FIELD SAMPLES A. Install field samples at the site as required by individual specifications sections for review. B. Acceptable samples represent a quality level for the work. C. Where field sample is specified in individual sections to be removed, clear area after field sample has been accepted by architect. 1.7 OWNER'S INSPECTION AND TESTING LABORATORY SERVICES A. Owner may employ and pay for services of an independent testing laboratory or owner may use its own personnel and facilities to perform inspection and testing laboratory services. B. If the results provided by the Owner's laboratory differ from the contractor's laboratory report, the owner's laboratory shall be final. C. Work found to be unsatisfactory according to test results, shall be removed from the project and re -constructed at contractor's expense. 1.8 CONTRACTOR'S INSPECTION AND TESTING LABORATORY SERVICES A. The contractor shall employ and pay for a reputable testing laboratory to perform inspections, tests, and other services specified in individual specification sections and as required by the architect. B. The testing laboratory shall be submitted to the architect for review and acceptance two weeks prior to the first sampling of construction materials. 1. Submittal shall provide years of experience qualifications and certificates of owners, and name lab representative who will be responsible for this project. C. Reports will be submitted directly to the architect from laboratory, in duplicate, indicating observations and results of test and indicating compliance or non-compliance with contract documents. Copies of reports shall also be sent to the contractor for his use. IInaui�ioii'zWbupllcaiioX pmclu6lie'�' Inc. QUALITY CONTROL 01400 - 2 .� ... ,, r....... �... ,�- .. .� .... ,...,.. .... ,, r. ,. March 7,2005 D. Cooperate with testing laboratory: furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. 1. Notify testing laboratory 24 hours prior to expected time for operations requiring services. 2. Make arrangements with testing laboratory and pay for additional samples and tests required for contractor's use. E. Retesting required because of non-conformance to specified requirements shall be performed by the same testing laboratory on instructions by the architect. Payment for retesting will be charged to the contractor by deducting inspection or testing charges from the contract suin. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION r0019Cnyyaannoa i pArroh�b'rteInc. up QUALITY CONTROL 01400 - 3 March 7,2005 SECTION 01500 CONSTRUCTION FACILITIES PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 SECTION INCLUDES A. Sanitary Facilities: Contractor's employees, state employees and public. B. Temporary Utilities: Electrical, water, sewer, gas and telephone. C. Field Offices: Services and size. D. Temporary Controls: Barriers, enclosures and fencing, protection of the work, and water control. E. Construction Facilities: Parking, progress cleaning, and project signage. 1.3 RELATED SECTIONS A. Section 01700 -Contract Closeout: Final cleaning. 1.4 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. At the Owner's option, the existing facilities shall not be used by construction crews. B. Provide suitable temporary toilet facilities at beginning of work. Review proposed toilet facilities location, and signage with architect prior to installation. 1.5 TEMPORARY UTILITIES A. Contractor shall furnish and install all temporary piping and wiring required for construction. B. Contractor shall provide construction meter loop for temporary power and pay cost of electrical power used for construction. C. Contractor shall provide construction water and pay cost of water used for construction. D. Contractor shall provide all service equipment and gas required for construction. E. All temporary utility connections and distribution shall be approved by owner and respective local utility companies, and shall be removed by contractor at completion of construction. 1.6 TEMPORARY FIELD OFFICES A. When or if needed, suitable space will be provided by the City. 1.7 BARRIERS A. Provide suitable barriers to prevent unauthorized entry to construction areas while still allowing access for owner's use of site. Protect existing facilities and adjacent properties from damage u au0fioiiwnaupl,oauon"proiio, a Inc. CONSTRUCTION FACILITIES 01500 - 1 is March 7, 2005 during construction operation and demolition. Type of barrier to be used will be at the discretion of the contractor and the circumstance involved. The contractor to submit proposed barrier for review and approval by owner. B. Protect vehicular traffic, stored materials, site, and structures from damage. C. Clearly post warning signs all around the work sites. Signs are to be secured to the barriers. D. Suitable barriers include durable solid partitions, chain -link fences, temporary dust and acoustic partitions and woven fabric. Suitable barriers do not include ropes or warning tape tied to saw horses or similar devices. E. Prohibit traffic through landscaped areas. 1.8 PROTECTION OF INSTALLED WORK A. Protect installed work and provide special protection where specified in individual specification sections. B. Provide temporary and removable protection for installed products. Control activity in the immediate work area so as to minimize damage of installed work. 1.9 PROTECTION OF LANDSCAPING A. Prohibit traffic through landscaped areas. Damaged landscape shall be replaced at no cost to owner. B. Provide weight dissipating panels under all vehicle tires, tracks, stabilizing arms, and trailer tongues when traveling across or parked on lawns. C. Efforts shall be made to minimize travel on lawns or other landscaped areas. Repair damaged landscaping to an acceptable condition. 1.10 SECURITY A. Contractor shall provide security and facilities to protect work, existing facilities, and owner's operations directly adjacent to new construction from unauthorized entry, vandalism, or theft. B. The loss of building materials and/or equipment from the job site will be replaced with same at contractor's expense. C. Coordinate with owner's security program. 1.11 PARKING A. Arrange for temporary parking areas to accommodate construction personnel. B. Coordinate with owner for owner's employee parking. C. When site space is not adequate, provide additional off -site parking. 1.12 PROJECT SIGNAGE nauRf n uupneation Architects. Inc' CONSTRUCTION FACILITIES 01500 - 2 March 7, 2005 A. If a project sign is provided by the contractor, the contractor, sub -contractors, owner, and architect are to share one combined sign measuring no more than 4 feet wide and 8 feet high, mounted securely to sign posts. The owner shall review wording and location before sign is installed. B. If provided, project sign is to be constructed of weather resistant material, submit sign material for review. C. If provided, project signs are to remain in place until the project is complete. Remove signs only upon reaching substantial completion. D. The Owner does not anticipate erecting a job sign for this project. 1.13 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean, orderly condition. Do not allow lawns or weeds to grow taller than six inches. B. Remove waste materials, debris, and rubbish from site weekly and dispose off -site. C. Do not allow hazardous conditions to develop or continue. This shall include lumber with un- pulled nails and concrete with projecting rebars. 1.14 REMOVAL OF TEMPORARY UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to substantial completion inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. D. Remove all job signs, barriers, fences, controls and repair holes dug for posts. 1.15 HAUL ROUTE A. All materials, tools, equipment, etc. shall be transported via the shortest route possible. Every effort shall be made to avoid public or employee lobbies, public or employee gathering spaces, and public or employee parking. PART PRODUCTS NOT USED PART3 EXECUTION NOT USED END OF SECTION &,),005 i an ian au.q Arch a tg, Inc. CONSTRUCTION FACILITIES 01500 - 3 III March 7, 2005 SECTION 01600 MATERIAL AND EQUIPMENT PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 1.3 RELATED SECTIONS A. Instruction to Bidders: Product options and substitution procedures. 1.4 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the work. Does not include machinery and equipment used for preparation, fabrication, conveying, and erection of the work. Products may also include existing materials or components required for salvage and reuse. B. Do not reuse materials and equipment removed from existing premises, except as specifically permitted by the contract documents or as approved by the architect. C. For similar components provide interchangeable components of the same manufacturer. D. All materials are to be certified asbestos -free. E. Manufacturers shall provide written certification that all equipment and controls are compliant with Year 2000 guidelines. Such guidelines are to be identified in the Operations and Maintenance Manual described in Section 01700, Contract Closeout. 1.5 TRANSPORTATION AND HANDLING A. Transport and handle products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.6 PRODUCT DELIVERY, STORAGE AND HANDLING U.v° o I@ d;"p '�ZrvoX P .% t Inc. MATERIAL AND EQUIPMENT 01600 - 1 March 7, 2005 A. Delivery: 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original unopened containers or packaging with identify labels intact and legible. 2. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation in order to avoid unnecessary delays in the construction process. B. Storage: 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions. C. Handling: 1. Handle materials, products and equipment in a manner prescribed by the manufacturer or as required to protect from damage during storage and installation. 2. Do not handle material in such a way that may leave permanent scars, dents, impressions, cracks, or blemishes. 1.7 PRODUCT OPTIONS A. Products specified by reference standards or by description only: Any product meeting those standards or description. B. Products specified by naming one or more manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products specified by naming one or more manufacturers with a provision for substitutions: Submit a request for substitution for any manufacturer not named. L8 SUBSTITUTIONS A. Instructions to bidders specify time restrictions for submitting requests for substitutions during the bidding period to requirements specified in this section. B. Substitutions may be considered after the bid date only when a product becomes unavailable through no fault to the contractor. C. Document each request with complete data substantiating compliance of proposed substitution with contract documents. D. A request constitutes a representation that the contractor: f- 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the substitution as for the specified product. Sr 0 din aVgP o*,ge ,1nc MATERIAL AND EQUIPIv1ENT 01600 - 2 Mach 7, 2005 3. Will coordinate installation and make changes to other work which may be required for the work to be complete with no additional cost to owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse for review or redesign services associated with re -approval by authorities. E. Will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the contract documents. F. Substitution Submittal Procedure: 1. Submit three copies of request for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product's equivalence. 3. The architect, after consultation with owner, will notify contractor, in writing, of decision to accept or reject request. 1.9 CONTRACTOR'S CONSTRUCTION METHODS OPTIONS A. Where contract documents indicate no specific method of construction, the contractor shall employ standard industry practices. B. Where contract documents indicate a specific method of construction, the contractor shall employ the method indicated or, at his option, may submit a written request for an alternate method of construction. C. Architect/engineer will consider written requests for alternate construction methods, if received in time as to allow for review and return of such requests and for alternation to be made with no delay to total construction methods. See contract for total working days allowed. D. Submit separate requests for each alternate. Support each request with three copes of complete details and/or documentation for alteration. 1. Indicate changes of materials to be used. 2. Show significant effects of alterations to other affects of alterations to other affected areas. PART PRODUCTS NOT USED PART EXECUTION NOT USED 19) ILI9X619 3CLe]11160 e`u°&P I�arvoX P,.% ol,,W, Inc. MATERIAL A \ EQU1P1V1ENT 01600 - 3 I March 7, 2005 during construction operation and demolition. Type of barrier to be used will be at the discretion of the contractor and the circumstance involved. The contractor to submit proposed barrier for review and approval by owner. B. Protect vehicular traffic, stored materials, site, and structures from damage. C. Clearly post warning signs all around the work sites. Signs are to be secured to the barriers. D. Suitable barriers include durable solid partitions, chain -link fences, temporary dust and acoustic partitions and woven fabric. Suitable barriers do not include ropes or warning tape tied to saw horses or similar devices. E. Prohibit traffic through landscaped areas. 1.8 PROTECTION OF INSTALLED WORK A. Protect installed work and provide special protection where specified in individual specification sections. B. Provide temporary and removable protection for installed products. Control activity in the immediate work area so as to minimize damage of installed work. 1.9 PROTECTION OF LANDSCAPING A. Prohibit traffic through landscaped areas. Damaged landscape shall be replaced at no cost to owner. B. Provide weight dissipating panels under all vehicle tires, tracks, stabilizing arms, and trailer tongues when traveling across or parked on lawns. C. Efforts shall be made to minimize travel on lawns or other landscaped areas. Repair damaged landscaping to an acceptable condition. 1.10 SECURITY A. Contractor shall provide security and facilities to protect work, existing facilities, and owner's operations directly adjacent to new construction from unauthorized entry, vandalism, or theft. B. The loss of building materials and/or equipment from the job site will be replaced with same at contractor's expense. C. Coordinate with owner's security program. 1.11 PARKING A. Arrange for temporary parking areas to accommodate construction personnel. B. Coordinate with owner for owner's employee parking. C. When site space is not adequate, provide additional off -site parking. 1.12 PROJECT SIGNAGE Ban— poiInc.&19.5Pioroea CONSTRUCTION FACILITIES 01500 - 2 I� F. March 7, 2005 A. Delivery: 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original unopened containers or packaging with identify labels intact and legible. 2. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation in order to avoid unnecessary delays in the construction process. B. Storage: 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions. C. Handling: 1. Handle materials, products and equipment in a manner prescribed by the manufacturer or as required to protect from damage during storage and installation. 2. Do not handle material in such a way that may leave permanent scars, dents, impressions, cracks, or blemishes. 1.7 PRODUCT OPTIONS A. Products specified by reference standards or by description only: Any product meeting those standards or description. B. Products specified by naming one or more manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products specified by naming one or more manufacturers with a provision for substitutions: Submit a request for substitution for any manufacturer not named. 1.8 SUBSTITUTIONS A. Instructions to bidders specify time restrictions for submitting requests for substitutions during the bidding period to requirements specified in this section. B. Substitutions may be considered after the bid date only when a product becomes unavailable through no fault to the contractor. C. Document each request with complete data substantiating compliance of proposed substitution with contract documents. D. A request constitutes a representation that the contractor: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. �a 2. Will provide the same warranty for the substitution as for the specified product. °4n�o d�� a Icn P,.% tee.'"`. MATERIAL AND EQUIPMENT 01600 -2 March 7, 2005 SECTION01700 CONTRACT CLOSEOUT PARTI GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjustments. D. Project record documents. E. Project Record Binders. F. Warranties and Certificates. G. Texas Accessibility Standards Warranty. H. Spare parts and maintenance materials. I. Starting of systems. 13 CLOSEOUT PROCEDURES A. Submit written certification that contract documents have been reviewed, work has been inspected, and that work is complete in accordance with contract documents and ready for architects inspection. B. Final payment will be authorized only after all requirements of this section have been met, all punch list items have been completed and verified by the architect, updated record documents have been delivered to the architect, and complete operation and maintenance manuals have been delivered to the architect. Submit final application for payment identifying total adjusted contract sum, previous payments, and sum remaining due. 1*4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a new and sanitary condition. D. Replace all filters of operating equipment with new, clean filters. Provide owner with one complete set of all filters required for all equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. 6.20 a eX P, h �cc _q� �,2tT c % a,�, Inc. CONTRACT CLOSEOUT 01700 Mann 7, 2005 F. Clean site; sweep paved areas and rake clean landscaped surfaces. G. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 ADJUSTMENTS A. Adjust operating products and equipment to ensure smooth and unhindered operation. B. If adjustments cannot provide a smooth and unhindered operation, replace product with matching item that will operate correctly. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the work: 1. Contract drawings. 2. Specifications. 3. Addenda. 4. Change orders and other modifications to the contract. 5. Accepted shop drawings, product data, and samples. B. Store record documents separate from documents used for construction. C. Record information concurrent with construction progress. Do not wait to update Record Documents at the end of work, update as work progresses. D. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by addenda and modifications. E. Record documents and shop drawings: Legibly mark each item to record actual construction, showing any and all modifications, including: 1. Measured depths of foundations in relation to finish main floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the work. 4. Field changes of dimension and detail. 5. Details not on original contract drawings. F. Record Documents are to a part of the final submittal to the architect. Final submittal shall be made prior to claim for final payment. If possible, bind record documents in Project Record Binders described in Paragraph 1.7 of this section. 1.7 PROJECT RECORD BINDERS t A. Submit three complete sets of project record data prior to final inspection. Information is to be organized on 8-1/2 x 11 inch pages, bound in three ring durable plastic covered binders. 'dupiHcanon promo tc�' Cv^NTR_-"-.CT CLOSEOUT 01700 - 2 _u March 7, 2005 B. Prepare binder covers with the printed title of "Operation and Maintenance Instructions", the title of the project, the date the project was completed, and the subject matter of the binder when multiple binders are required. 1. Label multiple binders as "Volume I of II" and "Volume II of II", as appropriate. 2. Label the outside of the binder cover and edge, as it would be seen when placed on a shelf. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified. E. Part 1: Directory; listing names, addresses, telephone numbers, and contact person of the architect, the contractor, the subcontractors, and the major equipment suppliers. F. Part 2: Project documents and certificates, including the following: 1. All approved shop drawings and product data. 2. Hauling and dumping permits, receipts, and/or manifest. 3. Air and water balance reports. 4. Written statement certifying that all building materials installed in project are asbestos free. 5. Natural gas pressure test and certification. 6. Contractors' Affidavit of Payment of Debts and Claims, use AIA Documents G706, 706A. 7. Certificates issued by the architect; change orders, addenda, field reports, instructions, etc. 8. General Contractor's and Sub -Contractors' warranties. (Section 01700, 1.8) 9. Texas Accessibility Standards Warranty. (Section 01700, 1.9) G. Part 3: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment, make, model, and serial number. Verify that numbers are correct. 3. Parts list for each component. (Section 01700, 1.10) 4. Operating instructions. 5. Photocopies of manufacturers' warranties and bonds. 6. Maintenance instructions for special finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. 1.8 WARRANTIES AND CERTIFICATES A. Provide original warranties and certificates in bound volumes outlined in Section 01700, 1.7. B. Where specifications request warranties and certificates, provide such items requested. Warranties are required of each major sub -contractor who is responsible for an installed building system. C. If applicable, provide required certifications requested by state and local governing agencies. Contractor shall forward copies of the certificates directly to the agency, provide proof of delivery. D. Provide a written warranty on contractor's business letterhead stating that the building is warranted against defects in material and labor for a period of one year from date of final acceptance. This is not necessarily the date of substantial completion. Warranty commences only after final payment. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide product naives, list of spare parts, maintenance and extra materials in quantities specified in individual specification sections. a00ho e �P.'ca�on pronlnitea' Inc. CONTRACT CLOSEOUT 01700-3 March 7, 2005 B. Clearly label cartons and containers, identify the contents, and applicable project. C. Deliver to project site and place in location as directed by owner and obtain receipt prior to final payment. 1.10 STARTING OF SYSTEMS A. Preparation: 1. Notify architect and owner seven days prior to start-up of each system. 2. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. 3. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 4. Verify wiring and support components are complete and tested. 5. Execute start-up under supervision of responsible manufacturer's and owner's representatives in accordance with manufacturer's instruction. 6. Demonstrate start-up, operation, control, adjustment, trouble shooting, servicing maintenance and shutdown of each piece of equipment to owner's personnel two weeks prior to date of final inspection. 7. Amount of time to be devoted to instruction shall be reasonable and consistent with size of installation and its complexity. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION �32005 Chanzeu puppman Siarvev Architects. CONTI� A CT CLOSEOUT 01700 _ 4 nautnoucanmt on prontep L v i March 7, 2005 SECTION 02050 DEMOLITION PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Dust control. B. Protection. C. Availability of work areas. 1.3 RELATED SECTIONS A. Section 01500 - Construction Facilities. 1.4 SUBMITTALS A. The procedures proposed for the accomplishment of salvage and demolition work shall be submitted for approval. The procedures shall provide for safe conduct of the work, careful removal and disposition of materials specified to be salvaged, protection of property which is to remain undisturbed, and coordination with other work in progress. The procedures shall include detailed description of the methods and equipment to be used for each operation, and the sequence of operations. 1.5 GENERAL REQUIREMENTS A. The work includes demolition or removal of existing construction indicated or specified. All materials resulting from demolition work, except as indicated or specified otherwise, shall become the property of the contractor and shall be removed from the limits of owner's property within five working days of dismantling. B. Maintain a clean and organized job site throughout the demolition phase of the work. C. Coordinate the removal of any security devices with the owner's security representative. D. Coordinate construction routes through existing, undisturbed portions of the facility with the architect prior to beginning demolition. E. On a daily basis, coordinate that days work with the designated buildings representative. 1.6 DUST CONTROL SUN 00no�.raupi canon pronlo,iea: Inc. DElJIQLITIQN 02050 - 1 March 7, 2005 A. The amount of dust resulting from demolition shall be controlled to prevent the spread of dust to occupied portions of the building and to avoid creation of a nuisance in the surrounding area. Use of water will not be permitted when it will result in, or create, hazardous or objectionable conditions such as ice, flooding and pollution. B. Maintain barriers until that portion of the project is complete. 1.7 PROTECTION A. Protection of Existing Work: Before beginning any demolition work, the contractor shall carefully survey the existing work and examine the drawings and specifications to determine the extent of the work. The contractor shall take all necessary precautions to ensure against damage to existing work to remain in place, any damage to such work shall be repaired or replaced at no additional cost to the owner. The contractor shall carefully coordinate the work of this section with all other work and construct and maintain shoring, bracing and supports, as required. B. Protection of Trees: Trees within the project site which might be damaged during demolition and which are indicated to be left in place shall be suitably protected. Any tree that is damaged during the work under this contract shall be replaced. C. Isolate demolition areas from occupied portions of the building with suitable barriers. Suitable barriers include those described in Section 01500, 1.6 Barriers and Part 2 of this section. 1.8 AVAILABILITY OF WORK AREAS A. Areas in which demolition work is to be accomplished will be available in accordance with the provisions of these specifications. Coordinate work with owner's activities. Restrict unauthorized access to the project site, unless other wise instructed by the architect. PART PRODUCTS 2.1 DUST BARRIERS A. Minimum of 12 mil polyethelene sheets adequately secured to supports with duct tapes, staples, cleats, nails, etc. Replace sheet if tears or holes can not be closed satisfactory. B. Provide an access door in dust barrier that can be locked or secured close. C. Brightly colored warning signs are to be attached to barrier and continually maintained throughout the life of the barrier. 2.2 ACOUSTIC BARRIERS A. Minimum of 5/8" thick gypsum wall board secured to metal or wood studs. Place an acoustic foam gasket between the adjacent surfaces and the barrier. Maintain the barrier throughout the demolition phase of the work. B. Provide an acoustically sound access door in barrier that can be locked or secured closed. C. Brightly colored warning signs are to be attached to barrier and continually maintained throughout the life of the barrier. 2.3 FENCING A. Use a minimum of construction grade chain link fabric on a metal frame. Fencing may be modular panels secured together and to the adjacent material or metal stakes with fabric stretched across them. t._.': 61aau°honic�"duphcat�i n pronl6 ��:'"`. DEMOLITION 02050 - 2 March 7, 2005 B. Provide an access gate suitable for personnel and equipment to pass through which can be locked or secured in a closed position. C. Brightly colored warning signs are to be attached to barrier and continually maintained throughout the life of the barrier. PART 3 EXECUTION 3.1 EXISTING FACILITIES A. Existing Surfacing: Existing floors and wall surfaces are not to be damaged during demolition. Protect from damage with suitable measures. B. Other Facilities: Remove within the limits shown to a logical and straight termination as noted on the drawings. C. Temporary: Those materials noted to be temporarily removed, to allow access to areas affected by this work and then re -installed to match existing adjacent materials, shall be protected from damage and stored on site as directed. 3.2 DISPOSITION OF MATERIALS A. Title to Materials: Title to all materials and equipment to be demolished is vested in the contractor upon receipt of notice to proceed. Items noted to be salvaged shall be returned to the owner and stored as directed. B. Disposition: All materials resulting from demolition shall be disposed by the contractor in accordance with all applicable laws, codes, and ordinances. 3.3 CLEAN-UP A. Debris and Rubbish: Debris and rubbish shall be removed from work sites on a regular basis. Only by prior approval of the architect will debris and rubbish be allowed to accumulate on the site for more than a week. B. Debris Control: Debris shall be removed and transported in a manner as to prevent spillage on streets or adjacent areas. C. The contractor is not permitted to use owner's refuse containers. D. Regulations: Applicable federal, state and local regulations regarding hauling and disposal apply. Provide copies of hauling and dumping permits, receipts, or manifest to architect. Include copies in operations and maintenance manual. E. Cleanliness of Site: Due to the high visibility of the site and potential danger to the public, maintaining a clean and safe site will be critical. END OF SECTION aneu�itioii upllcailoX preiii6lteg'Inc. DEMOLITION 02050 - 3 March 7, 2005 SECTION 05500 METAL FABRICATIONS PARTI GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to work of this Section. 1.2 SECTION INCLUDES A. Shop fabricated ferrous metal. 1.3 PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION A. Section 03300 - Concrete Work: Placement of metal fabrications in concrete. B. Section 04230 - Reinforced Unit Masonry System: Placement of metal fabrications in masonry. 1.4 RELATED SECTIONS A. Section 09900 - Painting: Paint finish. 1.5 REFERENCES A. ASTM A36 - Structural Steel. B. ASTM A53 - Hot -Dipped, Zinc -coated Welded and Seamless Steel Pipe. C. ASTM A123 - Zinc (Hot -Galvanized) Coatings on Products Fabricated From Rolled, Pressed and Forged Steel Shapes, Plates, Bars, and Strip. D. ASTM A 153 - Zinc Coating (Hot -Dip) on Iron and Steel Hardware. E. ASTM A283 - Carbon Steel Plates, Shapes, and Bars. F. ASTM A307 - Carbon Steel Externally Threaded Standard Fasteners. G. ASTM A325 - High Strength Bolts for Structural Steel Joints. H. ASTM A386 - Zinc -Coating (Hot -Dip) on Assembled Steel Products. I. ASTM A500 - Cold -Formed Welded and Seamless Carbon Steel Structural Tubing in Round and Shapes. J. ASTM A501 - Hot -Formed Welded and Seamless Carbon Steel Structural Tubing. K. ASTM B 177 - Chromium Electroplating on Steel for Engineering Use. L. AWS A2.0 - Standard Welding Symbols. M. AWS D1.1 - Structural Welding Code. ..UAW .PV g f cW. hic. 1\4 05500 6.10 n a cXPA, I& ETAL FABRICATIONS -1 March 7, 2005 N. SSPC - Steel Structures Painting Council. 1.6 SUBMITTALS A. Submit under provisions of Section 01300. B. Shop Drawings: Indicate profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners, and accessories. Include erection drawings, elevations, and details where applicable. C. Indicate welded connections using standard AWS A2.0 welding symbols. Indicate net weld lengths. 1.7 QUALIFICATIONS A. Prepare shop drawings under direct supervision of a professional structural engineer experienced in design of this work and licensed in the State of Texas. B. Welders' Certificates: Submit under provisions of Section 01300, certifying welders employed on the Work, verifying AWS qualification within the previous 12 months. 1.8 FIELD MEASUREMENTS A. The contractor shall verify that field measurements are as indicated on shop drawings. B. It shall be the responsibility of the fabricator to accurately construct items to meet required dimensions. PART 2 PRODUCTS 2.1 MATERIALS A. Steel Sections: ASTM A36. B. Plates: ASTM A283. C. Bolts, Nuts, and Washers: ASTM A325. D. Welding Materials: AWS D1.1; type required for materials being welded. E. Shop and Touch -Up Primer: SSPC 15, Type 1, red oxide. 2.2 FABRICATION A. Fit and shop assemble in largest practical sections, for delivery to site. B. Fabricate items with joints tightly fitted and secured. C. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush, and hairline. Ease exposed edges to small uniform radius. D. Exposed Mechanical Fastenings: Flush countersunk screws or bolts; unobtrusively located; consistent with design of component, except where specifically noted otherwise. i �00�a°�` - aica on p oS;i6 t` Inc.?METAL FABRICATIONS 05500 - 2 March 7, 2005 E. Supply components required for anchorage of fabrications. Fabricate anchors and related components of same material and finish as fabrication, except where specifically noted otherwise. 2.3 FINISHES A. Clean surfaces of rust, scale, grease, and foreign matter prior to finishing. B. Do not prime surfaces in direct contact with concrete or where field welding is required. C. Prime paint items with two coats. PART 3 EXECUTION 3.1 EXAMINATION A. Verify that field conditions are acceptable and are ready to receive work. B. Beginning of installation means erector accepts existing conditions. 3.2 PREPARATION A. Clean and strip primed steel items to bare metal where site welding is required. B. Supply items required to be cast into concrete or embedded in masonry with setting templates to appropriate sections. 3.3 INSTALLATION A. Install items plumb and level, accurately fitted, free from distortion or defects. B. Allow for erection loads, and for sufficient temporary bracing to maintain true alignment until completion of erection and installation of permanent attachments. C. Field weld components indicated on shop drawings. D. Perform field welding in accordance with AWS D1.1. E. Obtain architect's approval prior to site cutting or making adjustments not scheduled. F. After erection, prime welds, abrasions, and surfaces not shop primed, except surfaces to be in contact with concrete. 3.4 ERECTION TOLERANCES A. Maximum Variation From Plumb: 1/8 inch, unless otherwise noted. B. Maximum Offset From True Alignment: 1/8 inch, unless otherwise noted. END OF SECTION aoo�Soc�hZ ata �rv�' PA,�nyectg,Inc- METAL FABRICATIONS 05500 - 3 March 7, 2005 SECTION 05511 FIXED METAL LADDERS PART1 GENERAL 1.1 SECTION INCLUDES 1. Fixed aluminum wall ladders. 1.2 RELATED SECTIONS i. Section 05500 - Metal Fabrications: Catwalks and fire escapes. 1.3 REFERENCES A. ANSI A14.3 - American National Standard for Ladders -- Fixed -- Safety Requirements; 1992. B. ASTM B 209 - Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate; 2001. C. ASTM B 209M - Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate (Metric); 2001. D. ASTM B 210 - Standard Specification for Aluminum and Aluminum -Alloy Drawn Seamless Tubes; 2002. E. ASTM B 221 - Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes; 2000. F. ASTM B 221M - Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes (Metric); 2000. G. ASTM B 308 - Standard Specification for Aluminum - Alloy T6061-T6 Standard Structural; 2002 H. ASTM B 308M - Standard Specification for Aluminum - Alloy T6061-T6 Standard Structural; 2002 I. OSHA 29 CFR Standard 1910.27 - Fixed ladders; Occupational Safety and Health Standards; current edition 1.4 SUBMITTALS A. Submit under provisions of Section 01300. B. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recormnendations. 3. Installation methods. C. Shop Drawings: Detailed drawings showing complete dimensions, all materials, mounting attachments, and fabrication details. u�° ° o e@d�P'ce... pr. ` : Inc.FIXED METAL LADDERS 05511 - 1 March 7, 2005 1.5 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in the engineering and manufacturing of metal ladders, with not less than fifty years of experience. 1.6 WARRANTY A. See - Closeout Submittals, for additional warranty requirements. B. Provide manufacturer's standard limited five-year warranty against defects in materials and workmanship. PART PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturer: Alaco Ladder Company, 5167 G Street, Chino, CA 91710-5143. ASD. Tel: 888-310-7040. Fax: 909-591-7565. Email: sales@alacoladder.com.www.alacoladder.com. B. Requests for substitutions will be considered in accordance with provisions of Section 01600. 2.2 MATERIALS C. Extruded Aluminum Profiles: ASTM B 221/13 221M, ASTM B 210, ASTM B 308/13 308M, Alloy 6061-T6; standard mill finish. D. Aluminum Sheet and Plate: ASTM B 209/13 209M, Alloy 6061-T6; standard mill finish. E. Fasteners: Aluminum solid aircraft rivets rated at 3001bs (1335 N) shear strength. F. Cast fittings, connectors and rung ends: Cast Aluminum alloy 356 2.3 LADDERS A. Ladders -General: Comply with ANSI A14.3 and OSHA regulations. B. Fixed Wall Ladders: Extruded aluminum; serrated rungs 1-1/8 inches (29 mm) in diameter, connected to 2-7/8 inch (73 min) side rail channels with cast aluminum rung connectors, each secured to rails by means of four solid aircraft rivets. A. Walk -Through and Parapet Railings: Aluminum extrusions; extend not less than 42 inches (1,067 mm) above landing, 24 in (610 mm) between side rails at step through. PART 3 EXUCUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. e&�P'"eTMaXP o�h6 �' FIXED METAL LADDERS 05511 - 2 March 7, 2005 B. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. 3.2 INSTALLATION A. Install in accordance with manufacturer's instructions and approved shop drawings, and in compliance with ANSI A14.3 and OSHA 1910.27. B. The mounting locations for the ladder shall avoid any contact with the new or existing roof membranes or associated flashings. Submit proposed locations in shop drawings. C. Mounting of new ladder is to be to the existing CMV parapet wall as shown on the drawings. Submit data in shop drawings. 3.3 PROTECTION A. Protect installed products until completion of project. B. Touch-up, repair or replace damaged products before Substantial Completion. END OF SECTION n aup5oni up esiiuXprohh6 ,2. Inc. FIXED METAL LADDERS 05511 - 3 March 7, zoos SECTION 07523 SINGLE -PLY THERMOPLASTIC ROOFING PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 GENERAL NOTES A. This contract shall include all roofing, rigid roof insulation, sheetmetal flashings required to complete the work as specified herein and called for on the drawings. B. For the purpose of establishing a standard, the products of the Carlisle Syntec Incorporated, Carlisle, PA, is used herein. Alternate products of equal quality will be considered subject to the final approval of the architect. C. This contract shall provide a warranty as called for to cover the entire roofing system. 1.3 RELATED SECTIONS A. Section 05300 - Metal Roof Decking. B. Section 05500 - Metal Fabrications. C. Section 07900 - Joint Sealers. D. Division 15 - Mechanical. 1.4 JOBSITE STORAGE A. Roofing materials shall be delivered to the job site in a dry condition from the contractor's warehouse and shall be stockpiled on pallets. Materials shall then be covered with plastic sheets securely tied in place to protect material from rain or other moisture penetration. B. Where materials are temporarily stockpiled on the roof, wood pallets shall be used to elevate material from the deck. Material shall be kept covered until incorporated into the roofing system. C. Care shall be maintained throughout the work to prevent overloading of the existing structure with concentrated piles of roofing materials. Such materials shall be distributed over the roof such that excessive loading of the structure does not occur. 1.5 NOTIFICATION A. The architect, in conjunction with the owner, shall set a date and time for a pre -roofing conference. Notify the architect at least five working days in advance of the date desired to start roofing operations in order to schedule conference. B. Roofing materials shall be reviewed by the architect and owner at the job site during the pre - roofing conference. The roofing contractor shall have at least a portion of all materials to be used on the project available at the job site during the conference. 1.6 55 CLEAN UP Dinau�foCiie �pfcsrvoi In.% ltA, Inc. SII\TGLE-PLY THERMOPLASTIC ROOFING 07523 - 1 March 7, 2005 A. Roofing contractor shall exercise care to prevent scattering of debris during roofing operations. Paper wrappers, scrap felt, etc., shall be weighted to prevent blowing. B. No burning of debris will be permitted on the job site. Remove such debris from the site and haul to the public landfill area in compliance with applicable state, federal, and municipal laws. C. Measures shall be taken to protect adjacent areas and surfaces from being stained by over mopping of adhesives. All over mopping shall be removed from the surface as soon as possible, not at the completion of the project. 1.7 WARRANTY A. Roofing contractor shall be approved by the accepted roofing manufacturer prior to commencement of roofing installation. B. Contractor shall arrange for such inspections as may be required by the roofing manufacturer as the work progresses. C. Upon completion, furnish to the owner a fifteen year no dollar limit (NDL) warranty issued by the accepted roofing manufacturer. The contractor shall include in his bid the cost of such warranty. D. Provide manufacturer's written roof maintenance instructions to the owner. 1.8 CLIMATIC CONDITIONS A. When weather reports indicate that the job site is within an area forecast to have greater than a 30% chance of rain, there is not to be any roof work performed. B. Air temperature is to be at least 40°F and rising. Do not perform roof -related work when air temperature is below 40°F. C. Do not allow site storage temperature to exceed 90°F, provide shade over storage area. D. Liquid adhesives and sealants shall be maintained at 60°F. 1.9 SUBMITTAL A. Furnish for approval by the architect and owner, four sets of manufacturer's brochures describing in detail the exact system proposed for the project. Submit in accordance with Section 01300. B. Furnish representative samples of proposed roofing material, thermal insulation, fastening device, and required accessories. 2tty 20q' Cha an }H{arveyA h'tect , Inc. C TCT F PT V THERMOPLASTIC PT A Unaw�onze upficat a pmhii;r. a. I�.S,. E-PL . E_.MO_ L_ _STIC ROOFING 07523 - 2 I March 7, 2005 PART2 PRODUCT 2.1 MATERIALS A. All roll type roofing materials shall be equal to first quality products of the Carlisle Syntec Incorporated, Carlisle, PA. Roof system to be equal to Carlisle Sure -Weld specification. B. Membrane shall be Sure -Weld, white, 0.060 inch thick reinforced Molecular Bonded Polyolefin. Apply ply sheets over rigid insulation board by adhesive. C. The UL Classification shall be equal to Class A. D. Provide a wind resistance rating equal to UL 90 or greater, Zone 2, 80-89 mph winds. E. Related material shall include Sure -Weld Bonding Adhesive, Cut Edge Sealant, water cut-off mastic, Sure -Weld membrane cleaner, pre -molded corners, and pipe flashings. F. Where metal counterflashings are indicated, use 24 gauge galvanized sheetmetal. Use similar material for miscellaneous metal flashings required throughout the project. G. Sheetmetal for fascia, gravel guard, rain diverters, and exposed metal covers shall be 18 gauge pre - finished metal. H. Physical characteristics shall include 55 minimum lbf tearing strength, -40OF brittleness point, 1.0% maximum shrinkage after aging, 40 minimum lbf/in seam strength, and 200 minimum lbf puncture resistance. 2.2 THERMAL ROOF INSULATION A. Thermal roof insulation called for herein shall be installed over metal roof deck or existing roof system. Roofing Contractor shall verify existing conditions prior to ordering material. B. Base layer of insulation shall be 2" ISO (Polyisocyanurate) as manufactured by Carlisle, or as M, recommended by Carisle or equal. The insulation shall consist of a foam core between asphaltic facer. Sheet size shall be 48 x 48 or 48 x 96 inches not less than 2.0 inches thick at shallowest points. C. If required, tapered roof insulation shall be equal to Sure -Seal Perlite roof insulation as manufactured by Carlisle. The roof shall have a minimum of 1/4 inch per foot of slope or as noted. D. The first layer of insulation board shall be mechanically fastened to the existing roof deck with metal fastening plates meeting FM 4470 requirements. The succeeding layers to be applied over the first layer by being mechanically fastened with metal fastening plates meeting FM 4470 requirements. Contractor to verify all existing roof conditions prior to starting work. E. No more insulation may be placed than can be covered with roofing membrane by the end of the day. F. Insulation board shall be stored above the ground and covered with plastic sheets to prevent absorption of moisture. G. Insulation assembly shall meet the same warranty as the roof system and become a part of the same. PART 3 EXECUTION ;'n u�noniw aupt�wiion prom�mte�' Inc. SINGLE PLY THERMTOPLASTIC ROOFING 07523 - 3 March 7, 2005 3.1 MEMBRANE PLACEMENT A. A minimum of two 39 inch wide membrane sheets shall be installed at the perimeter of each roof level, 78 inch wide membrane sheets shall be installed over the field of the roof. B. All membrane sheets shall be mechanically fastened with the appropriate fastening plate spaced 6 inches minimum to 18 inches maximum on center, within the membrane splice. Spacing shall be as recommended by manufacturer. C. Overlap adjacent membrane sheets approximately 5.5 inches at locations where seam fastening plates are to be installed. Overlap a minimum of 2 inches at end roll. D. Hot air weld the membrane sheets a minimum of 1.5 inches with an automatic hot air welding machine. E. Membrane that has been exposed to the elements for approximately seven days must be prepared with Sure -Weld membrane cleaner prior to hot air welding. 3.2 INSTALLATION OF FLASHINGS A. This contract shall include the installation of vent flashings, pitch pans, heater vents, fresh air intake vents and related items as called for on the drawings. B. Where curbed openings occur, furnish a pre -molded corner and cant, if applicable. C. Install all flashing systems in strict accordance with manufacturer's specifications as they may be applicable. Installations must comply with specified manufacturer's warranty guidelines. 3.3 MISCELLANEOUS FLASHINGS AND DETAILS A. Miscellaneous roofing details not specifically mentioned in these specifications such as pitch pans, expansion joints, flashings at projections through roofs, etc., shall be in strict compliance with recommended procedures outlined by the roofing manufacturer and subject to architect's approval. B. All flashing applications are to be reviewed during the pre -roofing conference. C. Carefully review wall and roof details to insure that all potential water entry points are addressed during the roofing operations. 3.4 CLEANING A. Remove all roof mastic from adjacent surfaces of roof -mounted equipment or accessories. B. Remove all excess materials from the roof when work is complete. C. Clean all debris from roof drains. D. Remove stains from white roof membrane. END OF SECTION a' a°Rro z d.P'�arvo7'P55h6er` '"` SINGLE -PLY THERMOPLASTIC ROOFING 07523 - 4 .t No Text SECTION 07610 SHEET METAL ROOFING PART 1 GENERAL 1.1 RELATED DOCUMENTS March 7, 2005 A. The Drawings, General Conditions, and Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Precoated galvanized steel roofing and associated flashings. This contract shall include all roofing material necessary to make roof system complete. B. This contract shall provide a warranty as described herein, to cover the new roofing system installation. C. New roof panels to match the finish and profile of the existing panels. 1.3 RELATED SECTIONS A. Section 07900 - Joint Sealers. 1.4 SUBMITTALS A. Shop Drawings: Indicate material profile, jointing pattern, jointing details, fastening methods, flashings, termination, and installation details. B. Samples: Submit two samples, 12xl2 inch in size of each metal roofing profile, illustrating design, standing seam, external corner, ridge, material, color, and finish. 1.5 QUALITY ASSURANCE A. Perform work in accordance with the following: 1. NRCA (National Roofing Contractors Association) - Roofing Manual. B. Installed metal roof system shall meet Underwriters Laboratories 90 Wind Uplift rating criteria. C. Metal roof components shall carry an Underwriters Laboratories Fire Resistance certificate. 1.6 STORAGE AND HANDLING A. Stack preformed and prefinished material to prevent twisting, bending, or abrasion, and to provide ventilation. B. Care shall be maintained throughout the work to prevent overloading of the existing structure with concentrated piles of roofing materials, distribute material over roof such that excessive loading of the structure does not occur. 1.7 NOTIFICATION b' goo�socZ �P'�arvoXP,jh ` ' SHEET METAL ROOFING 07610 - 1 March 7, 2005 2.2 ACCESSORIES A. Fasteners: Finish exposed fasteners same as flashing metal. B. Damp Proofing: No. 15 asphalt saturated roofing felt. C. Underlayment: Wood or metal as shown on drawings. D. Slip Sheet: Rosin sized building paper. E. Protective Backing Paint: FS TT-C-494, bituminous. F. Sealant: Type specified in Section 07900. G. Plastic Cement: ASTM D4586, Type I. H. EPDM liner at all internal gutters. 2.3 SHOP FABRICATION A. Form components true to shape, accurate in size, square, and free from distortion or defects. Form pieces in longest practical lengths. B. Fabricate cleats and starter strips of same material as sheet, interlockable with sheet. C. Hem exposed edges on underside, miter and seam corners. Fabricate vertical faces with bottom edge formed outward and hemmed to form drip. D. Form material with standing seam. E. Fabricate corners in one piece, long legs; seam for rigidity, seal with sealant. 2.4 FINISH A. Signature 300 Standard Colors. Match the existing panel finish. B. Colors to be selected from standard manufacturer's color chart. PART 3 EXECUTION 3.1 EXAMINATION AND PREPARATION A. Verify that roof openings, roof penetrations, cant strips, and reglets are in place, and that nailing strips are properly located. B. Verify that deck is dry and free of snow or ice. Verify that joints are solidly supported and fastened. &n °4 sup'�arv�K n^ro5h6 t�`�:'"` SHEET METAL ROOFING 07610 - 3 No Text March 7, 2005 3.2 INSTALLATION A. Conform to drawing details included in SMACNA manual. B. Install starter and edge strips and offset cleats per manufacturer's recommendations. C. Cleat and seam all joints using a concealed fastening system. D. Use bedding compound for joints between metal and bitumen or metal and felts. E. Provide miscellaneous trim as designed in same material as roof. F. Back paint surfaces in contact with dissimilar materials. 3.3 STANDING SEAM ROOFING A. Conform to current SMACNA and manufacturer's details. B. Provide trim, miscellaneous exposed flashing of matching material. C. Provide rivet heads, screw heads, and colored sealant matching roof material color. 3.4 CLEAN-UP A. Remove all debris from construction site. B. Remove stains and dirt from panels. Damaged panels are to be removed and replaced with new matching panels. END OF SECTION 2005aautnoChnzaan lElmev ArcK�tecta. Inc. en pmcup icanop prom pep. SHEET METAL ROOFING 07610 - 4 March 7, 2005 SECTION 07900 JOINT SEALERS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 WORK INCLUDED A. Provide caulking in conjunction with interior painting operations and as otherwise indicated on drawings for interior caulking. B. Provide sealant where indicated on the drawings in conjunction with weather seals, and as otherwise noted. C. Perform all work required to complete the joint preparation, joint packing or filler, priming, caulking and sealing indicated by the drawings and specified herein. Furnish all supplementary items necessary. D. In fire rated partitions, install only fire resistant sealants. 1.3 RELATED SECTIONS A. Section 09900 - Painting. 1.4 QUALITY ASSURANCE A. Applicator Qualifications: 1. Minimum two year's experience in applying sealants and approved by manufacturer. B. Manufacturer's Representative: 1. Arrange for technical representative to be on project site to advise installer of proper procedures and precautions for use of materials and to check installation. 1.5 REFERENCE STANDARDS A. FS TT-S-00230C, Type 11 Sealing Compound: Elastomeric Type, Single Component. B. FS TT-S-001543A Sealing compound: Silicone Rubber Base. C. FS TT-S-00227E, Type I, Class A Joint Sealant: Self Levelling. D. ASTM C834 Standard Specification for latex sealing compounds. &n u0onzea�upiicaiion prop Oiteua: Ic JOIRTT SEALERS 07900 - 1 March 7, 2005 1.6 SUBMITTALS A. Submit the following: 1. Product Data: a. Manufacturer's specifications, recommendations and installation instructions for sealant, backing, and related materials. 2. Samples: a. Color charts for selection by architect. b. Furnish samples of custom colors. 3. Certification: a. Letter of certification from manufacturer or certified test laboratory report that materials are chemically compatible with each other and with substrate. b. Letter from manufacture that certifies material's fire resistant qualities. C. When requested by the architect, submit samples of cured sealants and a 6 inch long sample of each type of joint backup. 1.7 DELIVERY AND STORAGE A. Deliver materials in unopened containers as packaged by the manufacturer. Store in a manner to protect materials from the weather. 1.8 WARRANTY A. Warrant, in writing, materials and workmanship against air and water leakage for a five-year period. B. Provide written warranty of materials fire resistance and accepted use in at least a one hour fire resistant assembly. PART 2 PRODUCTS 2.1 PRODUCTS A. Pecora Chemical corporation. B. Sonneborn Building Products. C. W.R. Grace and Company. D. General Electric Company. E. Products Research and Chemical Corporation. F. Substitutions: In accordance with Section 01600. 2.2 MATERIALS A. Polysulfide (Type I): 1. Two-part conforming to FS TT-S-00227E, Class A, Type I (self -leveling) or Type 2 (nonsag) as recommended by manufacturer. 2. Color: As selected by architect. &200tl�oniae aupi�caiio%prohhft,A, Inc. JOINT SEALERS 07900 - 2 March 7, 2005 3. Acceptable products: a. Synthacalk GC-5, Pecora Corp. b. 350, PRC. C. Sonolastic, Sonneborn-Contech, Inc. B. Chlorosulfonated Polyurethane (Type 2) 1. One part conforming to FS TT-S-230C. 2. As selected by architect. 3. Acceptable products: a. Synthacalk, Pecora. C. Polyurethane (Type 3): 1. Two-part conforming to FS TT-S-0000227E, Class A, Type I or II. 2. Color: As selected by architect. 3. Acceptable products: a. NR-200, Pecora. b. No. 200, PRC. C. Sonolastic Paving Joint Sealant, Sonnebom-Contech. d. THC-900/901, Tremco. D. Polyurethane (Type 4): 1. One -part conforming to FS TT-S-000230C, Class A, Type H. 2. Color: Custom color as selected by architect. 3. Acceptable products: a. No. 6000, PRC. b. NP 1, Sonneborn - Contech. C. Dymonic, Tremco. E. Silicone (Type 5): 1. One part rubber based silicone conforming to FS TT-S-001543, Class A, Type I. 2. Color: Custom color as selected by architect. 3. Acceptable products: a. 790 Building Sealant, Dow Corning. b. Silproof, General Electric. C. Proglaze, Tremco. F. Acrylic, Solvent Cure (Type 6): 1. One -part, FS TT-S-00230. 2. Acceptable products: a. Unicrylic, Pecora. b. Permacryl, Schnee -Moorhead Chemicals, Inc. C. Mono, Tremco Manufacturing Company. G. Nondrying, Nonskinning (Type 7): 1. One -part sealing compound. 2. Acceptable products: a. GC-55, Noncung, Goal Chemical. b. BR-96, Pecora. C. Curtain Wall Sealant, Tremco. H. Bitumen Impregnated Sealant (Type 8): 1. Precompressed bitumen impregnated foam joint sealant. 2. Size: As recommended by manufacturer for joint condition as rain seal. 3. Acceptable product: Emseal compressed, Emseal Corporation. 10ggopap'a'"o;416e'"` JOINT SEALERS 07900 - 3 March 7, 2005 4. Neatly point or tool sealant to provide proper contour. Use clean water -wet tool or tooling solution recommended by manufacturer when tooling white or light colored sealant. B. Caulking: 1. Caulking: Apply caulking joints before final coat of paint is applied to adjacent surface. Apply caulking with a pressure gun having a nozzle of proper size to fit joint. Completely fill joint and firmly tool against backing to make a smooth, convex bed, and assure good adhesion. Caulking shall develop a firm skin before paint is allowed. C. Joint Size: 1. Sealant and Caulking: Depth equal to 1/3 times joint width or as recommended by manufacturer. 3.4 CLEANING A. Remove excess caulking or sealant materials and smears from adjacent surfaces as work progresses. B. On non -porous surfaces excess uncured sealant shall be removed with a solvent moistened cloth immediately. On porous surfaces excess sealant should be allowed to cure overnight, then removed by lightly wirebrushing or sanding. All adjacent surfaces shall be clean and free from stains. C. Remove all debris resulting from these operations from the site. 3.5 SCHEDULE A. Interior and Exterior Joints Subject to Movement (Not Including Traffic): Type 1, 2, 4, or 5 at Contractor's option and as recommended by manufacturer for joint condition and sealant color. B. Interior and Exterior Horizontal Joints Subject to foot and Vehicular Traffic: Type 2, self -leveling. C. Interior Horizontal and Vertical Joint Not Subject to Movement (Not Including Traffic): Type 6. D. In contact with roofing and waterproofing materials: Type 3 or 4, low modulus, unmodified. E. Unexposed window joints: Type 7. F. Interior fire resistant rating of at least a one hour rated assembly subjected to minimal movement: Type 2. G. Secondary seal and exterior brick expansion joint secondary seals: Type 8. END OF SECTION U7 aoo�ocZa p lCervoXp�rachh�t cV,In�. JOIN SEAL ERS 07900 - 5 7 _"', March 7, 2005 SECTION 09900 PAINTING PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 WORK INCLUDED A. Surface preparation. B. Surface finish schedule. 1.3 RELATED SECTIONS A. Section 05500 - Metal Fabrications. 1.4 REFERENCES A. ANSI/ASTM D 16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related Products. B. ASTM D2016 - Test Method for Moisture Content of Wood. C. SSPC - SP1 -Solvent Cleaning D. SSPC - SP2 - Hand Tool Cleaning 1.5 DEFINITIONS A. Conform to ANSUASTM D16 for interpretation of terms used in this section. 1.6 QUALITY ASSURANCE A. Product Manufacturer: Company specializing in manufacturing quality paint and finish products with five years experience. B. Applicator: Company specializing in commercial painting and finishing with three years documented experience. C. Flame Spread: Interior finishes must meet Class 11 flame spread, 26-75 index, or less. 8n °4i oQi aUP �noX p oivt tee '"` P A I1•ITING 09900 - 1 ....., �.......�� �.�,. -.- � <� �^........:. ...,+ �..._..._..,+ `..ter w��„_.,,.y ad.,.....,_.„. �" ........� „....._` March 7, 2005 1.7 SUBMITTALS A. Provide product data on all finishing products. B. Submit samples under provisions of Section 01300. C. Submit two samples 6 x 6 inch in size illustrating range of colors and textures available for each surface finishing product scheduled, after color selection. D. Submit manufacturer's application instructions under provisions of Section 01300. E. Certify that material installed on this project does not contain insecticide, mildewcide, and no more than 0.06 percent lead. 1.8 FIELD SAMPLES A. Provide one field sample panel, 12 inches long by 12 inches wide, illustrating special texture, and finish. B. Accepted sample may not remain as part of the work. 1.9 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01600. B. Store and protect products under provisions of Section 01600. C. Deliver products to site in sealed and labelled containers; inspect to verify acceptance. D. Container labelling to include manufacturer's name, type of paint, brand name, brand code, coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. E. Store paint materials at minimum ambient temperature of 45' F and a maximum of 90° F, in well ventilated area, unless required otherwise by manufacturer's instructions. F. Take precautionary measures to prevent fire hazards and spontaneous combustion. 1.10 ENVIRONMENTAL REQUIREMENTS A. Provide continuous ventilation and heating facilities to maintain surface and ambient temperatures above 55' F for 24 hours before, during, and 48 hours after application of finishes, unless required otherwise by manufacturer's instructions. B. Do not apply exterior coatings during rain or snow, or when relative humidity is above 50 percent, unless required otherwise by manufacturer's instructions. C. Minimum Application Temperatures for Latex Paints: 55' F for interiors; 65' F for exterior; unless required otherwise by manufacturer's instructions. D. Minimum Application Temperature for Varnish Finishes: 65' F for interior or exterior, unless required otherwise by manufacturer's instructions. E. Provide lighting level of 50 footcandles measured mid -height at substrate surface. na00thunie�"Tup6catiaX prohh6 ie : Inc. PAINTING 09900 - 2 .. �,. ,... .. �. ... ...., � .. .. ..w ... March 7, 2005 3.4 APPLICATION A. Apply products in accordance with manufacturer's instructions. B. Do not apply finishes to surfaces that are not dry. C. Apply each coat to uniform finish. D. Apply each coat of paint slightly darker than proceeding coat unless otherwise approved. E. Sand lightly between coats to achieve required finish. F. Allow applied coat to dry before next coat is applied. G. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface. H. Prime back surfaces of interior and exterior woodwork with primer paint. I. Prime back surfaces of interior woodwork scheduled to receive stain or varnish finish with gloss varnish reduced 25 percent with mineral spirits. J. Apply new paint as specified on new and renovated existing surfaces. The entire renovated surface shall be painted, not just the repaired portion. Renovated surfaces shall be painted from floor to ceiling, corner to corner, or break in surface plane. K. Repainting the entire surface (new, renovated, or existing): shall be required if the surface is damaged by construction activities. The architect will make the final determination. K� 4)1151\WMSJI A. As work proceeds, promptly remove paint where spilled, splashed, or spattered. B. During progress of work, maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris. C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers, and remove daily from site. 3.6 SCHEDULE OF PAINTING A. The kinds and brands of paint and number of coats required on the various surfaces shall be those listed below. The types of paint are identified with Pittsburg Paint or Sherwin Williams numbers. B. The owner and architect shall select color, tint, and sheen from manufacturer's standard color chart. C. Exterior and Interior Metal: 1. First Coat: PPG 6-208 Series Speedhide steel primer 2. Second Coat: PPG 7-282 Series Industrial Gloss Alkyd enamel 3. Third Coat: PPG 7-282 Series Industrial Gloss Alkyd enamel D. Interior Wood: For paint finish 1. First Coat: PPG 6-6 Speedhide Alkyd enamel undercoat i, 2. 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I'•0" SCALE, 1 IR" . I'•O• V mR: 03070. i::r•: 0431 1 ..µtD J'•�r)I im L-1 n U1ALL EXPANSION JOINT �ZCURBS �1 A/C UNIT 2 ANSION JOINT CURB Im A/C UNIT EXISTING PHOTOGRAPHS PHMOG VARE TGKW OCTCOU! 2004, 60M CHANG" MAY HdN OCC RW "4CM PWMOG WN T4KW 3 -FLASHING IT CURB d PARAPET r-LAe+41WQ 8 PHOTO CELL 03070 gym: 0431 t_- r— Iy HDr w TwsrlGs I -1— d iJ' p Ol NOT THI$ GONTRAGT 1 O O' I ( L_. .i !.................� N nux. xsw x�u� �x�x x�ur n .._......... .. NOT THIS GONTRAGT a, j aM.»ce► a p,��'� ©,' .......... a p .._...._._._.._.........T.. ... .,, �;— � Nor rHls coNrw.cr s t '- -Dr u p 6Cc"'GTRK xRNOC, � cO�aL� L�iNH o'veaiala"+A"or'e,.� �I,rwc"''e. IN"�rea°v".ieo wrN liew wx sroTp., ce*wnOera'�w•NnecTN6rGwer�o 4eD CAOGWrva wARwK. Q Sian n'Dto ceLL. Tesr roR nxL p 9L'N OR TGIi rae le'�aLAOT non O 6TL'MPRD TOO qGY RNTC P1PGAro X�•IgiKLGD 6N x0.vlce LNG: TO x aDIRIZGD �T�TGD PRIOR TO 8T T0. © 'Iwr"W'`�R �Rpwno pi once De�NDLmory wDnx la ADLe io eNPDeG oxe oP rrc ADNDaNeD �riwlR lANYOe. 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Aro PGroes. ix NE P �x«ceror a w«eR ,wD ARCNincT, a. eamPNrervr eJ E u1D o R man i weTa:ilaNs RENOVATION ROOF PLAN jNj L m1fr; 0JO70: n•�: 04J1 t.•wreN1.: t� t ati7gqs J No Text F Ipdf.ACnnOX COS TO sMODTM.Y GOM:lAL TXe rCn �}OE/. lALR OMRIMb OMC TXG RG'1 ROCR sYOTCM / ! IxN�ITID. TIIM Tw5 WORK SM.bL OG AliaTI.IMD PY iM MLMITCLT PCG A bT! Mv1lw uO eVAwwTroM1 a GORDInaq aYgYlMGD PWaI ro bTAMIW Mw ROX TO RADVIOC IA MOM bM1ANK RAMIna+PRM ROa• OGGK TO ARD OVGM1 TX! AMXCVMD CKnttC GIRO, n SIGYLITE CURB SECTION 3a DETAIL eedu, e" . r•m• �r[r ro MMAiR 0o uor oAnAse 3 WALL SECTION a/C UNIT CURB SECTION ��eXroLe�e�Aw..wM rAiTA'GwiabHeiuµDTe Mw ARD�exnnw �"YieW ^' P9Of i1C11pi°^"G I Ana.-�� � j T nxvbna. \ xew cormwwb cur ®1�6 R/JLlRS lwbnl�ib OKA:O WALL SECTION 5 EXPANSION JOINT BCdL[ � 0 SCAL[: 1" . P-m" / _�R �M-seRsmve , —rro ROOT MMxAXe �Mw R161D 11 NAATION AS MGG55ARY � e@w Ra' LD-x IbM6AW�X�' — YrtlOD®"^.„, 'LL_AMGNORGD TO GY F�—:OiT. 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I'•0" ec"M 1 VI" . 1'-0• RENOVATION ROOF PLAN 03,076 0431 �z Z F- i^t ~ �J U a ; Q� J O O oW o � Z• q W C mM: 0.1076 s, NY r.MrMr; 1 f4- AERIAL PHOTO' y*'' %� M6 OPTION A - EXISTING ROOF PLAN d DETAILS F I INTERNAL GUTTER A INTERNAL GUTTER 2 EXISTING R ASHI 6 PARAPET WALL OPTION A - EXISTING ROOF PHOTOGRAPHS P1/ 06 YRRI TAKEV JANUARY 2m . 60M p ANOt6 MAY MAN OOGURRW 6k'49 PMOT06 WWto TAKEN 3 E ISTING ROOF PAN LS 6 E AMPL RENOVATED ROOF - EAST OF BUILDING E RwovaTro ew�ow oN aT� cNor ay�vk+a ■i NOTE: WHEN FLA51-1I146 WORT: OF RENOVATED BUILDIN6 E 15 COMPLETE, FLA5HIN6 01070: IS TO APPEAR SIMILAR N* 04JI TO EXAMPLE SHOWN. EXAMPLE I5 BUILDINr, EAST 51DE OF SERVICE DRIVE, ACRO55 FROM BUILDING E. r i SECTION 3 GUTTER DETAIL RENOVATION ROOF PLAN 5UiLDING E Lj Z T � � }r ~ b U o� i UQr NEW ROOF NOTES L rn IrireHr �tl i0 LGAve rn txlSnx3 tCi ArW pGwOL19N� SMWClT rARMGT. 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I'rmTKL. arw riwarpMc a �� AAT rn rwerw erc or awu+a e, � xew w,mlt na-r.xTK �a-�Ga ro �ancA�i rAr�.e'o�u�'w ,ra :.wreT io wrrea o —T rnewlT,�arAntr o0 .tL IL xw."a, eKis T-1 rcew xi.eva ANe ro OPTION A - RENOVATION ROOF PLAN d DETAILS A LPL+\'�,`5.1 p,e 0931 n r- City of Lubbock WATER DEPARTMENT ROOFS Municipal Hill Drive Lubbock, Texas ARCHITECT - CHAPMAN HARVEY ARGHITEGT5, ING. SITE LOCATOR BUILDING (OPTION TER DEPARTMEN' NAT BUIL RAWING INDEa Chi COVNR GWUT AI ■"TW / CWWL. ION PLAN Al "GTN16 / CUHMITION ROCU D/TA1Le A! PHOTCORAPH6 AA PHmO6RAPH0 A6 RWOVATION PLAN Ae RpJOVATICN D[TAUI Al OPTION ! "TW6 / DWIOLITION PLAN 4 Ci AILS AS oPnON 0 PHCTOWR 6 AO ONION d RCJOvATm PLAN i DITAIL6 �z U x U V a. 10 aw � N Uw C — OJo7 fi�043 PCB ytl� A CS