HomeMy WebLinkAboutResolution - 2024-R0310 - Contract 18045, With Lydick-Hooks - 07/09/2024Resolution No. 2024-RO310
Item No. 6.13
July 9, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Contract No. 18045 for roof replacement at the North
Water Treatment Plant Pump Station No. 14, per ITB 24-18045-DRH, by and between the City
of Lubbock and Lydick -Hooks Roofing Co. of Lubbock, Inc., 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 on
A TST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVERS TO FORM:
July 9, 2024
RK MCBRAYER, MAIYOR
Mitchell S 5;iVh9e, Firsf' Vsistant City Attorney
ccdocs WRES.Contract 18045-Lydick Hooks
June 13, 2024
BID SUBM>ETTAL FORM
DUMP SUM BID CONTRACT
DATE: May 29, 2024
PROJECT NUMBER ITB 24-18045-DRH NWTP- Pump Station no.14- Reroof
Bid of Lydick Hooks Roofing Co. of Lubbock, Inc. (hereinafter called
Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, 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
fiirnish 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.
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to
the accompanying fonts, for performing and completing the said work within the time stated and for the prices
stated.
Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 60 consecutive calendar days with
final completion ofthe project within 90 consecutive calendar days as stipulated in the specification and other
contract documents. Bidder hereby furrther agrees to pay to Owner as liquidated damages in the sum of $250 for
each consecutive calendar day after substantial completion and liquidated damages in the sum of $250 for
each consecutive calendar day after final completion set forth herein above for completion of this project, all
as more fully set forth in the General Conditions of the Agreement.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 29 ofthe 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 60 calendar days after
the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he finther agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete
the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent
(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 10 business days after notice
of award of the contract to him.
City of Lubbock, TX
Facilities Management
ITB 24-18045-DRH
NWTP Pump Station No. 14 Re -roof
Lydick -Hooks Roofing Co. of Lubbock, Inc. of Lubbock, TX
QTY. Unit Extended
# Items +/- U/M Price Cost
General
#I -I Total Lump Sum Cost for Materials and Labor for the Project, 1 LS $89,560.00 89,560.00
as specified
Total (Item 1-1): $89,560.00
Enclosed with this bid is a Cashier's Check or Ce WdjGheGk for
Four thousand four hundred seventy-eight
Dollars (S 4,478.00 ) or a Bid Dond in the sum of
Dollars (S - - ), which it is agreed shall be collected and
retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within 10 business 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(g0, 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
Adit BE MADE O BID SUBMITTAL FORMPRIOR
T_O BID F?EENING.
1
r'-•(Seal .ItYtd er is a Corporation)
. �rfdTEST''
Secretarq
Bidder acknowledges receipt of the following addenda:
Addendallo.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Date: ay 29, 2024
f/W) Ankr
Au onzed igna e
Reed Hooks
(Printed. or Typed Name)
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Company
PO Box 2605
Address
Lubbock
Lubbock
City,
County
TX _
79408
State
Zip Code
Telephone: 806 - 765-5577
Fax: 806 - 765-5581
FEDERAL TAX ID or SOML SECURITY No.
75-0405113
gam,: lydick-hooks®.sbcglobal.net
M/WBE Oman BIacAmerican Native American
Firm:
kiispanic I I Asian ac c Other peci
American American
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE BY:
CONTRACT AWARD DATE: July, 9, 2024
CITY OF LUBBOCK
SPECIFICATIONS FOR
NWTP Pump Station no.14 Re -Roof
ITB 24-18045-DRH
CONTRACT 18045
PROJECT NUMBER: 92858.8302.30000
Plans & Specifications may be obtained from
hlt2s://ci-lubbock-tx.bonfirehub.com/
� City Of
� ubbock
TEXAS
CITY OF LUBBOCK
Lubbock, Texas
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NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL — (must be submitted by published due date & time)
3-1. UNIT PRICE BID SUBMITTAL FORM
3-2. CITY OF LUBBOCK REFERENCE FORM
3-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
3-4. SAFETY RECORD QUESTIONNAIRE
3-5. SUSPENSION AND DEBARMENT CERTIFICATION
3-6. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
VERIFICATION
LIST OF SUB -CONTRACTORS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
GENERAL CONDITIONS OF THE AGREEMENT
DAVIS BACON WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
2
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NOTICE TO BIDDERS
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City of
lLubbock
ITB 24-18045-DRH
NWTP- Pump Station no.14- Reroof
1. NOTICE TO BIDDERS
1.1. Bidders may submit responses electronically by uploading required documents at the City of
Lubbock's partner website, Bonfire. This Invitation to Bid is for your convenience in submitting a
bid for the specified project. If submitting electronically, do not submit paper documents. If you
choose to submit in hard copy, submit one original paper copy of your submittal to the office of
the Director of Purchasing and Contract Management:
Physical: Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
13 14 Avenue K, 9th Floor
Lubbock, Texas 79401
Mailing: Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME
1.2. Bids will be opened in the office of the Director of Purchasing and Contract Management,
Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as
shown below at 3:00 PM on May 29, 2024, or as changed by the issuance of formal addenda to
all planholders, to furnish all labor and materials and perform all work for the construction of the
above referenced.
1.3. After the expiration of the time and date above first written, said sealed bids will be opened in the
office of the Director of Purchasing and Contract Management and publicly read aloud. Bids will
be opened via teleconference if date/time stamped on or before the deadline stated at the office
listed above. The Zoom meeting information is as follows:
Website: htUps://us02web.zoom.us/j/9759171012?pwd=bkFtRTNIcXVISkhWdkZiMDk4Nah2dzo9&omn=81127762903
Meeting ID: 975 917 1012
Passcode: 1314
1.4. It is the sole responsibility of the bidder to ensure that his bid is actually received by the office of the
Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of
the date above first written. Any bid received after the date and hour specified will be rejected and
returned unopened to the bidder.
1.5. 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. The City of Lubbock assumes no responsibility for errant delivery of bids, including those
relegated to a courier agent who fails to deliver in accordance with the time and receiving point
specified.
1.6. Although bids may be submitted electronically, hard copy bids will be accepted in person, by United
States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT
ACCEPT FAX BIDS.
1.7. Bids may be withdrawn prior to the above scheduled time set for closing. Alteration made before
ITB opening must be initialed by bidder guaranteeing authenticity.
1.8. Bids are due at 3:00 PM on May 29, 2024, and the City of Lubbock Council members will consider
the bids on June 25, 2024 at the Citizens Tower, 1314 Avenue K, 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 $50,000. Said statutory bonds shall
be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE
CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND
APPROVED.
1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF
THE CONTRACT BY THE LUBBOCK CITY COUNCIL.
1.10. Please allow time to upload required documentation. 24hrs in advance is recommended.
1.11. The estimated budget for this project is $100,944.
1.12. Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond
from a reliable surety company, payable without recourse to the order of the City of Lubbock in an
amount not less than 5% of the total amount of the proposal submitted as a guarantee that bidder will
enter into a contract and execute all necessary bonds within ten (10) business days after notice of
award of the contract to the bidder. 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.
1.13. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock
Purchasing and Contract Management office. Plans and specifications can be viewed online and
downloaded from https:Hci-lubbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file
size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET
ACCESS may use computers available at most public libraries.
1.14. It shall be each bidder's sole responsibility to inspect the site of the work and to inform bidder
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.
2. PRE -BID MEETING
2.10. 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 May 21, 2024, at 11:00 a.m., via teleconference. The Zoom meeting
information is as follows:
Website: htUps://us02web.zoom.us/j/9759171012?pwd=bkFtRTNIcXVISkhWdkZiMDk4Nah2dzo9&omn=81127762903
Meeting ID: 975 917 1012
Passcode: 1314
2.11. All persons attending the meeting will be asked to identify themselves and the prospective bidder
they represent.
2.12. 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. 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 and Contract Management Office
of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidders
attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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.
4. 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.
5. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal
meetings and proposal openings are available to all persons regardless of disability. If you require special
assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post
Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK,
Marta Alvarez
DIRECTOR OF PURCHASING &
CONTRACT MANAGEMENT
Pate Intentionally Left Blank
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
1.1 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 and Contract Management Office 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 and Contract Management Office no later than five (5) calendar days
before the bid closing date. A review of such notifications will be made.
1.2 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:
David Hagberry, Buyer I
City of Lubbock
Purchasing and Contract Management Office
1314 Avenue K, Floor 9
Lubbock, Texas 79401
Fax: 806-775-2164
Email: DHagberry@mylubbock.us
2. TIME AND ORDER FOR COMPLETION
2.1 The construction covered by the contract documents shall be substantially completed within 60
Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of
Lubbock to the successful bidder.
2.2 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.
2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure
daily prosecution of the work is conducted every business day until the work is completed, regardless if
the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless
the City determines time off from said prosecution is necessary or reasonable and Contractor received
said determination in writing from the City. Additionally, inclement weather shall be the only other
reason consistent, daily prosecution of the work may not take place on those inclement weather days.
GUARANTEES
3.1 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).
3.2 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.
3.3 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.
3.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes
or any document incorporated in this Contract by reference.
4.1 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
Bid Item 1-1 plus the sum of any Alternate Bids or Options the City may select.
4.2 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.
4.3 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.
4.4 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.
4.5 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.
4.6 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.
GENERAL INSTRUCTIONS TO BIDDERS
(Continued)
5. ADDENDA & MODIFICATIONS
5.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. 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.
5.2 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 and Contract Management Office. At the request
of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation
to be substantive, the interpretation will be made by written addendum issued by the Purchasing and
Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office
will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part
of the bid 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
interpretation considered, the request must be submitted in writing and must be received by the City of
Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid
closing date.
5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing and Contract Management Office 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.
5.4 The City does not assume responsibility for the receipt of any addendum sent to bidders
6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS
6.1 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.
6.2 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.
6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Purchasing and Contract Management Office and a clarification obtained before
the bids are received, and if no such notice is received by the Purchasing and Contract Management
Office 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 and Contract
Management Office 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 bid closing date.
7. BID PREPARATION COSTS
7.1 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.
7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
8.1 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.
8.2 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.
8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using
the link provided below.
https:Hlubbocktx.govga.us/WEBAPP/ rs/(S(guiyirflbtihahjnycegwpcs))/SupportHome.aspx
8.5 For more information, please see the City of Lubbock Public Information Act website at:
https:Hci.lubbock.tx.us/ppages/public-information-act
9. LICENSES, PERMITS, TAXES
9.1 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.
10. UTILIZATION OF LOCAL BUSINESS RESOURCES
10.1 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.
11. CONFLICT OF INTEREST
11.1 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.
11.2 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.
11.3 It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause
a conflict of interest with the City of Lubbock
11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor
or person considering doing business with a local government entity disclose in the Questionnaire, Form
CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local government entity. By law, the questionnaire must be filed with the records administrator
of the City of Lubbock not later than the Seventh business day after the date the person becomes aware
of the facts that require the statement to be filed. The questionnaire can be found at:
https://www.ethics.state.tx.us/forms/conflict/
For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000,
Lubbock, Texas, 79457
See Section 176.006, Local Government Code:
http://v,Tww.statutes.Iegis.state.tx.us/SOTWDocs/LG/htm/LG. 176.htm.
A person commits an offense if the person violates Section 176.006, Local Government Code.
An offense under this section is a Class C misdemeanor.
12. CONTRACT DOCUMENTS
12.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
12.2 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.
13. CERTIFICATE OF INTERESTED PARTIES
13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government
Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics
Commission before entering into a contract with a local government entity when any of the following
apply:
1) Contract requires an action or vote by the City Council (governing body); OR
2) Contract value is $1 Million or greater; OR
3) Contract is for services that would require a person to register as a lobbyist under Chapter 305
of the Government Code.
This must be done before executing the contract. The disclosure form may be found at
https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm. You must log in and create an
account the first time you fill out the form. Tutorial videos on how to log in for the first time and how
to fill out the form can be found through the link above. After you electronically submit the
disclosure form, a screen will come up confirming the submission and assigning a certificate number.
Then, you must print the form, have an authorized agent complete the declaration and sign, and
provide it to the City (scanned email copy is acceptable).
13.2 A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a
governmental entity or state agency is voidable for failure to provide the disclosure of interested parties
required by this section only if: (1) the governmental entity or state agency submits to the business
entity written notice of the business entity 's failure to provide the required disclosure; and (2) the
business entity fails to submit to the governmental entity or state agency the required disclosure on or
before the loth business day after the date the business entity receives the written notice under
Subdivision (1).
14. PLANS FOR USE BY BIDDERS
14.1 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.
15. PAYMENT
15.1 All payments due to Contractor shall be made in accordance with the provisions of the General
Conditions of the contract documents.
16. AFFIDAVITS OF BILLS PAID
16.1 The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
17. MATERIALS AND WORKMANSHIP
17.1 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
proj ect.
18. PLANS FOR THE CONTRACTOR
18.1 The contractor will, upon written request, be furnished up to five sets of plans and specifications and
related contract documents for use during construction. Plans and specifications for use during
construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies
of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of
the work contemplated by the Contractor.
19. PROTECTION OF THE WORK
19.1 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:
19.1.1 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.
19.1.2 A sworn statement of the current financial condition of the bidder.
19.1.3 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
21.1 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
22.1 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.
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
24.1 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 ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY
ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE
OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
LUBBOCK. 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. COPIES OF THE
ENDORSEMENTS ARE REQUIRED.
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 Texas Government Code, Chapter 2258,
Prevailing Wage Rates 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 the contract documents does not release the Contractor from compliance with any wage law
that may be applicable. Construction work under the contract requiring an inspector shall 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.
26.1.3 Before construction work requiring an inspector is to be performed on Sunday 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 Sunday or holidays will be made by the Owner's
Representative.
26.2In 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
27.1 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
shall keep a record showing the name and occupation of each worker employed by the Contractor or
subcontractor in the construction of the public work and the actual per diem wages paid to each worker.
This record shall be open at all reasonable hours to inspection by the officers and agents of the City. 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, sixty
dollars ($60) 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
28.1 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, and all blank spaces in the form shall be
correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be
taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid
price.
29.2If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If
a bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized.
If the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the
bid.
29.3 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened
may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY
CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
29.4 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.
30. BOUND COPY OF CONTRACT DOCUMENTS
30.1 Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include
the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bonds (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) 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.
29.2 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. OUALIFICATIONS OF BIDDERS
31.1 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 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.
(c) The quality of performance of previous contracts or services.
(d) The safety record of the Contractor and proposed Sub -Contractors
31.2 Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list
of ALL similar municipal and similar non -municipal current and completed projects for the past three
(3) years for review. This list shall include the names of supervisors and type of equipment used to
perform work on these projects. In addition, the Contractor may be required to provide the name(s) of
supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock
specifications herein.
32. PLANS FOR THE CONTRACTOR
32.1 The contractor will, upon written request, be furnished up to five sets of plans and specifications and
related contract documents for use during construction. Plans and specifications for use during
construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies
of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of
the work contemplated by the Contractor.
33. ANTI -LOBBYING PROVISION
33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD,
BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY
DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL
OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
34. PREVAILING WAGE RATES
34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates,
with respect to the payment of prevailing wage rates for the construction of a public work, including a
building, highway, road, excavation, and repair work or other project development or improvement, paid
for in whole or in part from public funds, without regard to whether the work is done under public
supervision or direction. A worker is employed on a public work if the worker is employed by the
contractor or any subcontractor in the execution of the contract for the project
34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than
the general prevailing rate of per diem wages for the work of a similar character in the locality in which
the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday
and overtime work.
34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the
City of Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day
that the worker is paid less than the wage rates stipulated in the contract.
35. PROTEST
35.1 All protests regarding the ITB process must be submitted in writing to the City Director of Purchasing
and Contract Management within 5 working days after the protesting party knows of the occurrence of
the action which is protested relating to advertising of notices deadlines, proposal opening and all other
related procedures under the Local Government Code, as well as any protest relating to alleged
improprieties with the ITB process. This limitation does not include protests relating to staff
recommendations as to award of contract. Protests relating to staff recommendations may be directed to
the City Manager. All staff recommendations will be made available for public review prior to
consideration by the City Council as allowed by law.
35.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A
WAIVER OF ANY PROTEST.
Page Intentionally Left Blank
BID SUBMITTAL FORM
Page Intentionally Left Blank
BID SUBMITTAL FORM
LUMP SUM BID CONTRACT
DATE: May 29, 2024
PROJECT NUMBER: ZTB 24-18045-DRH NWTP- Pump Station no.14- Reroof
Bid of Lydick -Hooks Roofing Co. of Lubbock, Inc. (hereinafter called
Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of the referenced project, 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.
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time stated and for the prices
stated.
Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 60 consecutive calendar days with
final completion of the project within 90 consecutive calendar days as stipulated in the specification and other
contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $250 for
each consecutive calendar day after substantial completion and liquidated damages in the sum of $250 for
each consecutive calendar day after final completion set forth herein above for completion of this project, all
as more fully set forth in the General Conditions of the Agreement.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 29 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 60 calendar days after
the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete
the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
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 10 business days after notice
of award of the contract to him.
City of Lubbock, TX
Facilities Management
ITS 24-18045-DRH
NWTP Pump Station No. 14 Re -roof
Lydick -Hooks Roofing -Co. of Lubbock, Inc. of Lubbock, TX
Items
General
QTY Unit Extended
+I- iT/M Price Cost
#1-1 Total Lump Sum Cost for Materials and Labor for the Project, 1 LS $89,560.00 89,560.00
as specified
Total (Item 1-1): $89,560.00
Enclosed with this bid is a Cashier's Check or C-eFtifwd-Gl-eek for
Four thousand four hundred seventy-eight Dollars ($ 4,478.00 or a Bid Bond in the sum of
------------------------------ Dollars ($ --------- , which it is agreed shall be collected and
retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within 10 business 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(g), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid price.
THE, REX+ORE, ANY CORRECTIONS TO THE BID PRICE
WS.T—BE MADE ON THE BID SUBMITTAL FORM PRIOR
'TO BID O`VENING.
r' ' "--(Sealif B�dddi is a Corporation)
xnsT
AVIIA
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Date: May 29, 2024
f,41) A)kr
Au orized igna e
Reed Hooks
(Printed or Typed Name)
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Company
PO Box 2605
Address
_Lubbock Lubbock
City, County
TX 79408
State
Telephone: 806
Fax: 806 -
Zip Code
- 765-5577
765-558'1
FEDERAL TAX ID or SOCIAL SECURITY No.
75-0405113
EMAIL: iydick-hooks@sbcgiobai.net
M/WBE oman Black American aEve American
Firm:
Hispanic Asian Pacific Other peci
.American American
- Since 1891 -
LYDICK- HOOKS
Roofing Company of Lubbock, Inc.
P O. BOX 2605 • 1924 CLOVIS ROAD • LUBBOCK, TEXAS 79408
(806) 765-5577 • FAX; (806) 765-5581
Member National Roofing Contractors Association
Member. Midwest Roofing Contractors Association
Associate Member. Associated General Contractors
5/29/202.4
City of Lubbock
Purchasing Department
1314 Avenue K
Lubbock, TX 79401
RE: ITB 24-18045-DRH (BT-46LX)
Please find the below scope of work for each roof area.
Pump Station #14
1. Tear off EPDM down to existing ISO and haul away.
2. Remove existing parapet wall sheathing and haul away.
3. Install new %" plywood to interior of parapet walls. We have not included any wood nailer in our
pricing.
4. Mechanically attach %" per foot tapered ISO crickets as drawn.
5. Mechanically attach one layer of 1/2" gyp board.
6. Adhere one layer of white GAF 80 mil TPO Fleeceback using low rise foam adhesive.
7. Adhere white GAF 60 mil TPO smooth at base flashings using low rise foam adhesive.
8. We have estimated to re -use existing pipe supports on this roof.
9. Demo existing metal coping caps, scuppers, heads and down spouts. Haul away.
10. Fabricate and install new 24 gauge pre -finished sheet metal flashings. All sheet metal is to be 24
gauge steel and kynar coated with 2 coats, not 3. Color to be selected from manufacturer's
standard, non-metallic colors.
11. We have not included any fascia or soffit.
12. Paint gas line.
13. We have not included any walkway pads.
14. Remove and replace all skylights with white over clear double domes with aluminum frames.
15. Issue a manufacturer's 20 year NDL warranty.
16. Furnish a P&P bond.
17. We have excluded any permitting or certification of the lightening system.
ABILENE • BROWNWOOD ® LUBBOCK ® MIDLAND ® WICHITA FALLS
We greatly appreciate the opportunity to bid this work.
I j ,-
Reed Hooks
Contractor Acknowledgement
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instructions to bidders, documents associated with the invitation to bid, and being familiar with the
conditions to be met has reviewed the above information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this portion
may result in bid rejection.
By signing below, the terms stated have been reviewed and approved.
Company N
Signed By:
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Print Name and Title: Reed Hooks/President
Date: May 29, 2024
INSURANCE REQUMEMENTS
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will
be able to, within ten (10) business 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.
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or
services equal to or in excess of $25,000 and all non procurement transactions (e.g., sub -awards to sub -
recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its
principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
TEXAS GOVERNMENT CODE SECTION 2252.152
The undersigned representative of the undersigned company or business, being an adult over the age of
eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that
the company named above is not listed on the website of the Comptroller of the State of Texas concerning the
listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further
certify that should the above -named company enter into a contract that is on said listing of companies on the
website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department.
TEXAS GOVERNMENT CODE SECTION 2271.002
Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
The following definitions apply to this state statute:
(1) 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not
include an action made for ordinary business purposes; and
(2) "Company" means an organization, association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary,
majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to
make a profit.
This Certification is required from a Company if the Company has 10 or more full-time employees and
the contract for goods or services (which includes contracts formed through purchase orders) has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental
entity.
TEXAS GOVERNMENT CODE 2274
By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the
contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code
does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and will not discriminate during the term of the contract against a firearm entity or firearm trade
association.
Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott
energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does
not apply to the contract.
If Contractor is a company with 10 or more fill -time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not
boycott energy companies; and will not boycott energy companies during the term of the Agreement. This
verification is not required for an agreement where a governmental entity determines that these requirements
are inconsistent with -the governmental entity's constitutional or statutory duties related to the issuance,
incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment
of funds.
A reement Exam le
Review
This sample Agreement has been reviewed and
(X ) is acceptable
( ) is acceptable as noted
Amarillo — Lubbock
.r1 Baaniknal Baniknal
hector.rios
PAY TO THE ORDER OF:
CITY OF LUBBOCK
CASHIER'S CHECK COPY
CHECK NUAIBER
1091508
DATE ANIOUNT
May 29, 2024 $ ******4,478.00
Purcha%er: REED ALEXANDER IIOOKS
Notice To Purchaser
An of Lcral check may he replaced or relunded �n the
overt 't 's lost. aesSroYcd or Sto!en after 90 pays.
DO NOT CASH UNLESS RED °CIRCLE A" LOGO (& IN LOWER RIGHT CORNER FADES BY FIRM RUBBING AND REAPPEARS AT ROOM TEMPERATURE. 1091508
Notice To Pwchaser ° '� 7� DATE
An official Check may be replaced or refunded in the CASHIERS CHECK
ECK May 29, 2024 $ * * * * * * 4 , 4 7 8 • 0 0
event it is lost, destroyed or stolen alter 90 days.
PAY FOUR THOUSAND FOUR HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS*************
Purchaur REED ALEXANDER HOOKS
............................_.,.......I.............., ., ...,..,.....,....... ...
"CO THE CITY OF LUBBOCK
ORDER
OF
u'L09L50811' �:>,LL3009581: 93947�1i'
*Void if over $4,478.00
10r-
it
COU`'TGRSIONLD [&SL'1NG TELLER
NP
Pate Intentionally Left Blank
City of Lubbock, TX
Purchasing and Contract Management
Similar Projects and Reference Form
Please list three references of current customers who can verify the quality of service your company
provides. The City prefers customers of similar size and scope of work. Please do not use the City of
Lubbock.
REFERENCE ONE
Company Name: Sandia Construction, Inc.
Address: 2723 81 st Street -Lubbock, TX 79423-2229
Contact Person and Title: Michael Haverdink/President
Phone: 806-745-9450
Email: michaei@sandiaconst.com
Similar Project: Lubbock -Cooper ISI7 New Liberty High School
REFERENCE TWO
Company Name: Teinert Construction Co.
Address: 4009 Clovis Road - Lubbock, TX 79415
Contact Person and Title: Zach Allen/Construction Manager
Phone: 806-744-2801
Year 2024
Email: zachallen@teinert.com
Similar Project: Lubbock -Cooper ISD High School Addition Year 2023
REFERENCE THREE
Company Name: Lee Lewis Construction, Inc
Address: 7810 Orlando Avenue - Lubbock, TX 79423
Contact Person and Title: Sasha Mandikian/Project Manager
Phone: 806-797-8400
Email: smandikian@leelewis.com
Similar Project: Lubbock Municipal Courts Year 2022
Page Intentionally Left Blank
City of Lubbock
Insurance Requirement Affidavit
Project Number: ITB 24-18045 DRH
To Be Completed by Bidder or Offeror
1, the undersigned Bidder/Offeror certify that the insurance requirements contained in this bid/proposal
document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by
the City of Lubbock (City), I will be able to, within ten ( l 0) business days after being notified of such
award by the City, furnish a valid insurance certificate and endorsements to the City meeting all of
the requirements presented herein.
A',) ko k
ntractor Repre entative (Original Signature)
Reed Hooks
Contractor Representative (Printed)
Contractor's Business Name: Lydick -Hooks Roofing Co. of Lubbock, Inc.
(Print or Type)
Contractor's Address: PO Box 2605 - Lubbock, TX 79408
Contractor's Email Address: lydiek-hooks@sbcglobal.net
INSURANCE: AGENT/BROKER CONTACT INFORMATION
Firm Name: Marsh McLennan Agency
Contact Name: Jacqueline Cardenas
Phone No.: (972) 770-7163 Email: Jacqueline.Cardenas@MarshMMA.com
II NOTE TO CONTRACTOR II
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 Director of Purchasing & Contract Management for the City of Lubbock at (806)
775-2572.
Page Intentionally Left Blank
City of Lubbock, TX
Purchasing and Contract Management
Safety Record Questionnaire
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant
to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and
criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City
may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused
by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider,
among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations
within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to,
the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the
Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas
Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the
Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental
protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the
United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state
or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions,
administrative orders, draft orders, final orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of
the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
three (3) questions and submit them with their proposals:
QUESTION ONE
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for
such firm, corporation, partnership or institution,. received citations for violations of OSHA within the past three (3)
years?
YES NO X
If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION TWO
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
YES NO X
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any,
and penalty assessed.
QUESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such
firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense
which resulted in serious bodily injury or death?
YES NO X
If the offeror has indicated YES for question number tbree above, the offeror must provide to City of Lubbock, with
its proposal submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be
rejected.
ignature
President
Title
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
5
LUBBOCK COUNTY
Reed Hooks being first duly sworn, on his/her oath, says that the
bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any
person not therein named; and s/he further says that the said respondent has not directly induced or solicited any
firm on the above work or supplies to put in a sham , or any other person or corporation to refrain from a statement
of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over
any other firm or firms.
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Firm
Reed Hooks
Name
'I
Si afore
President
Title
Subscribed and sworn to before me this 29th day of May 2021
Notary Public
My Commission Expires: 7/15/2026
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION
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16.
PROPOSED LIST OF SUB -CONTRACTORS
Company Name Location
Lubbock Skylight Manufacturing Lubbock, TX
Services Provided
Skylights
Minority Owned
Yes No
Li
❑ Q
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THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR
RESPONSE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
SUBMITTED BY:
Lydick -Hooks Roofing Co. of Lubbock, Inc.
(PRINT NAME OF COMPANY)
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Company Name
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
FINAL LIST OF SUB -CONTRACTORS
Location Services Provided
SUBMITTED BY:
(PRINT NAME OF COMPANY)
Minority Owned
Yes No
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❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
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❑ ❑
❑ ❑
❑ ❑
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❑ ❑
THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN
BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
Page Intentionally Left Blank
PAYMENT BOND
Pate Intentionally Left Blank
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that Lydick -Hooks Roofing Co. of Lubbock, Inc. (hereinafter
called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Eighty -Nine Thousand Five Hundred Sixty (89,560.00) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 9th day of
July, 2024, to ITB 24-18045-DRH NWTP Pump Station no.14 Re -Roof
and said Principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of
Surety
By:
(Title)
2024.
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
Page Intentionally Left Blank
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have
copy of power of attorney for our files.
Page Intentionally Left Blank
CERTIFICATE OF INSURANCE
Page Intentionally Left Blank
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000, Room 204
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate,
insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions
of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
LJ Commercial General Liability
General Aggregate $
LJ Claims Made
Products-Comp/Op AGG $
LJ Occurrence
Personal & Adv. Injury $
LJ Owner's & Contractors Protective
Each Occurrence $
❑
Fire Damage (Any one Fire) $
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
LJ Any Auto
Combined Single Limit $
LJ All Owned Autos
Bodily Injury (Per Person) $
LJ Scheduled Autos
Bodily Injury (Per Accident) $
LJ Hired Autos
Property Damage $
LJ Non -Owned Autos
LJ
GARAGE LIABILITY
LJ Any Auto
Auto Only - Each Accident $
LJ
Other than Auto Only:
Each Accident $
Aggregate $
LJ BUILDER'S RISK
LJ 100% of the Total Contract Price
$
LJ INSTALLATIONELOATER
$
EXCESS LIABILITY
LJ Umbrella Form
Each Occurrence $
Aggregate $
LJ Other Than Umbrella Form
$
WORKERS COMPENSATIONAND
EMPLOYERS' LIABILITY
The Proprietor/ LJ Included
Statutory Limits
Partners/Executive LJ Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less
than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less
than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
MUST BE SENT TO THE CITY OF LUBBOCK
(Name of Insurer)
ma
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General
Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S.
THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior
to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing services
on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 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 ADDITIONAL INSURED ON AUTO/GENERAL
LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS
OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF
THE CITY OF LUBBOCK. 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.
COPIES OF THE ENDORSEMENTS ARE REQUIRED.
CONTRACT
Page Intentionally Left Blank
Contract 18045
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 9th day of Ju1v, 2024 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 Lvdick-Hooks Roofin� Co. of Lubbock, Inc. of the City of Lubbock, County
of Lubbock and the State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
ITB 24-18045-DRH NWTP Pump Station no.14 Re-Roof
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. Lvdick-Hooks Rootin� Co. of Lubbock, Inc.'s bid dated Mav 29,
2024, 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 parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
L dick- ooks Roofin Co. of Lubbock Inc.
By: � �`J
PRINTE NAM : ePa �'f
TITLE: ��'��il�/b'�"
(.`I Y OF LUBBOCK, TE S(OWNER):
By: �
Mark McBrayer, M/ayor
AT 5T:
!
Courtney Paz, City Secretary
COMPLETE ADDRESS:
Lydick-Hooks Roofing Co. of Lubbock, Inc.
PO Box 2605
'X 79408
��� Corporate Secretary
APPROVED AS TO CONTENT:
Facili ies Repre nt ive
�. �O�`�
Name (Printed) Date
....� � � • •�
ir�i �_fl� __ �
;��
City Attorney
Pate Intentionally Left Blank
GENERAL CONDITIONS OF THE AGREEMENT
Page Intentionally Left Blank
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 Lydick -Hooks Roofing Co. 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 Ricky Cunningtubby, Proiect
Manager, 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,
Response, 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".
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. The City reserves the right to
approve or disapprove the selection of any subcontractor(s).
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.
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel,
transportation and all other facilities necessary for the execution and completion of the work covered
by the contract documents. Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish
satisfactory evidence as to the kind and quality of materials. Materials or work described in words
which so applied have well known, technical or trade meaning shall be held to refer such recognized
standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the
contract documents has been made suitable for use or occupancy or the facility is in a condition to
serve its intended purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work
and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's
Representative will check the Contractor's layout of all major structures and any other layout work
done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished five 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
The Contractor is responsible for construction layout based on the control provided in the
construction documents. All lines and grades shall be furnished whenever Owner's Representative
(as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary
for the commencement of the work contemplated by these contract documents or the completion of
the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend
its work in order to permit Owner's Representative to comply with this requirement, but such
suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place
where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the
Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its
employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's
expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the
Owner's Representative (as distinguished from Resident Project Representative(s))has the authority
to review all work included herein. The Owner's Representative has the authority to stop the work
whenever such stoppage may be necessary to ensure the proper execution of the contract. The
Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in
relation to said work and the construction thereof, and shall, in all cases, decide every question which
may arise relative to the execution of this contract on the part of said Contractor. The decision of
the Owner's Representative shall be conclusive in the absence of written objection to same delivered
to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's
Representative. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to
appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished
from Resident Project Representative, as the said Owner's Representative may deem proper to
inspect the materials furnished and the work done under this Agreement, and to see that said material
is furnished and said work is done in accordance with the specifications therefore. The Contractor
shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the work. The Contractor shall regard and
obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this
Agreement and accompanying plans and specifications provided, however, should the Contractor
object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within
fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or
objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this
contract and shall keep on the work, during its progress, a competent superintendent and any
necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent
the Contractor in its absence and all directions given to superintendent shall be binding as if given
to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper performance of the work and lack of such
supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control
of the Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the
Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons
performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the
nature and location of the work, the confirmation of the ground, the character, quality and quantity
of materials to be encountered, the character of equipment and facilities needed preliminary to and
during the prosecution of the work, and the general and local conditions, and all other matters which
in any way affect the work under the contract documents. No oral agreement or conversation with
any officer, agent, or employee of the Owner, or Owner's Representative either before or after the
execution of this contract, shall affect or modify any of the terms or obligations herein contained.
Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or
amendments to the contract documents, shall be in writing, and executed by Owner's Representative
and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature
of the work to be done, or from the action of the elements, or from any unforeseen circumstance and
the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and
expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in
the type of work required under this contract, to do the work; and agrees that whenever the Owner's
Representative shall inform Contractor in writing that any person or persons on the work, are, in
Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise
unacceptable to Owner or Owner's Representative, such person or persons 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 workers 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 Contractor is responsible for construction quality control testing, cost, and reporting of the type
and extent required by the contract documents. The Owner or Owner's Representative shall have
the right at all times to observe and test the work. Contractor shall make necessary arrangements
and provide proper facilities and access for such observation and testing at any location wherever
such work is in preparation or progress. Contractor shall ascertain the scope of any observation that
may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time
each part of the work will be ready for such observation. Owner or Owner's Representative may
reject any such work found to be defective or not in accordance with the contract documents,
regardless of the stage of its completion or the time or place of discovery of such errors and
regardless of whether Owner's Representative has previously accepted the work. If any such work
should be covered without approval or consent of the Owner, it must, if requested by Owner or
Owner's Representative, be uncovered for examination at Contractor's expense. In the event that
any part of the work is being fabricated or manufactured at a location where it is not convenient for
Owner or Owner's Representative to make observations of such work or require testing of said work,
then in such event Owner or Owner's Representative may require Contractor to furnish Owner or
Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated.
All such tests will be in accordance with the methods prescribed by the American Society for Testing
and Materials or such other applicable organization as may be required by law or the contract
documents.
If any such work which is required to be inspected, tested, or approved is covered up without written
approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or
Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The
cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise
provided herein. Any work which fails to meet the requirements of any such tests, inspections or
approvals, and any work which meets the requirements of any such tests or approvals but does not
meet the requirements of the contract documents shall be considered defective, and shall be corrected
at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals
made by Owner, Owner's Representative, or other persons authorized under the contract documents
22
23
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.
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.
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 proposal, except as provided under Changes and
Alterations in Paragraph 23.
It is agreed that the Contractor shall perform all extra work under the observation 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 to the firm
actually performing the work, and additional higher -tier markups limited to
5% to cover additional overhead and insurance costs; or (2) the amount that
would have been charged by a reasonable and prudent Contractor as a
reasonable and necessary cost for performance of the extra work, as estimated
by the Engineer and approved by the Owner..
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
workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on such extra work,
plus actual transportation charges necessarily incurred, together with all expenses incurred directly
on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds,
Public Liability and Property Damage and Workers' Compensation and all other insurances as may
be required by law or ordinances or directed by the Owner or Owner's Representative, or by them
agreed to. Owner's Representative may direct the form in which accounts of the actual field cost
shall be kept and records of these accounts shall be made available to the Owner's Representative.
The Owner's Representative may also specify in writing, before the work commences, the method
of doing the work and the type and kind of machinery and equipment to be used; otherwise, these
matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use
of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the
latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and
equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit,
overhead, general superintendence and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that where the Contractor's
Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to
maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's
Representative. In case any orders or instructions appear to the Contractor to involve extra work for
which Contractor should receive compensation or an adjustment in the construction time, Contractor
shall prior to commencement of such extra work, make written request to the Owner's Representative
for a written order authorizing such extra work. Should a difference of opinion arise as to what does
or does not constitute extra work or as to the payment therefore, and the Owner's Representative
insists upon its performance, the Contractor shall proceed with the work after making written request
for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the
commencement of any extra work, any claim for payment due to alleged extra work shall be deemed
waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the
proposal, the specifications, plans and other contract documents, is to be done for the prices quoted
by the Contractor and that such price shall include all appurtenances necessary to complete the work
in accordance with the intent of these contract documents as interpreted by Owner's Representative.
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 proposals
are received, and if no such notice is received by the Owner's Representative prior to the
opening of proposals, then it shall be deemed that the Contractor fully understands the work
to be included and has provided sufficient sums in its proposal to complete the work in
accordance with these plans and specifications. If Contractor does not notify Owner's
Representative before offering 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 proposals. In the absence of a requested
clarification for a conflict in the documents prior to proposals being reviewed, it will be
assumed that the Contractor proposes the higher cost alternative on conflicts identified after
proposals are reviewed.
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 Engineer and all of its officers, agents and employees against any all losses,
costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown,
fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to,
attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the
Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission,
execution and/or supervision of this contract, and the project which is the subject matter of this
contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion
as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice
which may be given by the Owners or the Owner's Representative concerning omissions under this
paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall
not be construed as any assumption of duty to supervise safety precautions by either the Contractor
or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to
the City and written notice of cancellation or any material change will be provided ten (10) calendar
days in advance of cancellation or change. All policies of insurance, required herein, including
policies of insurance required to be provided by Contractor and its subcontractors, shall contain a
waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation
that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of
any loss under such insurance or self-insurance. All certificates of insurance submitted to the City
in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract,
insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall
be acceptable. Such insurance shall be carried with an insurance company authorized to transact
business in the State of Texas and shall cover all operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the
operation of each subcontractor. A certificate of insurance specifying each and all coverages shall
be submitted prior to contract execution.
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 ADDITIONAL INSURED ON
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE
REQUIRED.
Commercial General Liability Requirements: $1M/occurrence, $2M general aggregate (can be
combined with an Excess Liability to meet requirement). Commercial General Liability to include
Products — Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage
(any one fire), and Medical Expenses (any one person).
Commercial General Liability Heavy Equipment Endorsement: Heavy equipment endorsement is
required
Automobile Liability Requirements: $1M/occurrence (any auto)
Builder's Risk Requirements: Builder's Risk Insurance is needed for this project, and at a
minimum, the insurance should cover the full insurable value of the improvements.
Professional Liability Reg uirements: $ 1 M occurrence I $2M aggregate
Workers Com pensation Rey uirements: NOT APPLICABLE. Employer Liability ($1M min) is
required with
Workers Compensation
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded
additional insured status on a primary and non-contributory basis on all liability policies except
professional liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-
payment.
* Carriers must meet a A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas
Labor Code) - includes all persons or entities performing all or part of the services
the Contractor has undertaken to perform on the project, regardless of whether that
person contracted directly with the Contractor and regardless of whether that person
has employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the project,
such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends
during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on the project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of 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
proj ect;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on
the project; and
(2) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts to perform as
required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all employees
of the Contractor who will provide services on the project will be covered by worker's
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a
self -insured, with the commission's Division of Self -Insurance Regulation. Providing
false or misleading information may subject the Contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract
by the Contractor which entitles the governmental entity to declare the contract void
if the Contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit
to the Owner for approval five Certificates of Insurance covering each insurance policy
carried and offered as evidence of compliance with the above insurance requirements, signed
by an authorized representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(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 proposal specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change
in or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof)
contained in the job specifications. No substitute of nor amendment thereto will be
acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete
proj ect.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the
duration of the project based on proper reporting of classification codes and
payroll amounts and filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to
the governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the coverage
period shown on the Contractor's current certificate of coverage ends during
the duration of the project;
(d) obtain from each person providing services on a project, and provide to the
governmental entity:
(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
proj ect; 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 800-372-7713 or
512-804-4000 (www.tastate.tx.us) to receive information of the legal
requirements for coverage, to verify whether your employer has provided
the required coverage, or to report an employer's failure to provide
coverage; " and
(h) contractually require each person with whom it contracts to provide services
on a project, to:
(i) provide coverage based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements for all of its
employees providing services on the project, for the duration of the
proj ect;
(ii) provide a certificate of coverage to the Contractor prior to that person
beginning work on the project;
(iii) include in all contracts to provide services on the project the following
language:
"By signing this contract or providing or causing to
be provided a certificate of coverage, the person
signing this contract is representing to the
governmental entity that all employees of the
person signing this contract who will provide
services on the project will be covered by workers'
compensation coverage for the duration of the
project, that the coverage will be based on proper
reprinting of classification codes and payroll
amounts, and that all coverage agreements will be
filed with the appropriate insurance carrier or, in
the case of a self -insured, with the commission's
Division of Self -Insurance Regulation. Providing
false or misleading information may subject the
Contractor to administrative penalties, criminal
penalties, civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(v) obtain from each other person with whom it contracts, and provide to
the Contractor:
(1) a certificate of coverage, prior to the other person beginning
work on the project; and
(2) prior to the end of the coverage period, a new certificate of
coverage showing extension of the coverage period, if the
coverage period shown on the current certificate of coverage
ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to
perform as required by paragraphs (i)-(viii), with the certificate of
coverage to be provided to the person for whom they are providing
services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with
Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability
because of the disability of such individual in regard to job application procedures, the hiring,
advancement, or discharge of employees, employee compensation, job training, and other terms,
conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph
27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer 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, material men 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.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letters patent or copyright by suitable legal agreement with
the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided
by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement
of any patent or copyrights and shall indemnify and save the Owner and Engineer, 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 offering.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances
and regulations, which in any manner 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 Engineer 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 proposing 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 there from.
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 obj ects 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. TD E 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 Notice to Proceed and contract
documents, respectively, of work to be done hereunder are essential conditions of this contract; and
it is further mutually understood and agreed that the work embraced in this contract shall be
commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time
herein specified, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the
sum of $250 PER CONSECUTIVE CALENDAR 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.
If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein
specified, then the Contractor does hereby agree as part of the consideration for the awarding of this
contract, the Owner may withhold permanently from Contractor's total compensation, the sum of
$250 PER CONSECUTIVE CALENDAR 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
fail to meet the time requirements 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. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the
Contractor shall be allowed to prosecute its work in such order of precedence, and in such manner
as shall be most conductive to economy of construction. The Contractor shall ensure daily
prosecution of the work is conducted every business day until completed, regardless if the work will
be substantially or finally complete ahead of specified deadlines in the agreement, unless the City
determines time off from said prosecution is necessary or reasonable and Contractor received said
determination in writing from the City. Further, when the Owner is having other work done, either
by contract or by its own force, the Owner's Representative (as distinguished from the Resident
Project 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. Additionally, inclement weather shall be the only other reason
consistent, daily prosecution of the work may not take place on those inclement weather days.
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 proposal in full recognition of the time required for
the completion of this project, taking into consideration the average climatic range and industrial
conditions prevailing in this locality, and has considered the liquidated damage provisions of
paragraph 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 within twenty
(20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further,
in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the
time herein fixed, Contractor has taken into consideration and made allowances for all hindrances
and delays incident to such work, whether growing out of delays due to unusual and unanticipated
circumstances, difficulties or delays in securing material or workers, 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 proposals 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, provided that the over run or
under run of estimated quantities not exceed 15% of the estimated quantity.
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 Engineer, 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.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion
of all work by the Contractor, and on the delivery of all materials embraced in this contract in full
conformity with the specifications and stipulations herein contained, the Owner agrees to pay the
Contractor the price set forth in the proposal attached hereto, which has been made a part of this
contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials
and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for
well and truly performing the same and the whole thereof in the manner and according to this
agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the
performance of the contract, either wholly or in part, nor shall any certificate or payment be
considered as acceptance of defective work. Contractor shall at any time requested during the
progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final
payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no
outstanding liens against Owner's premises by reason of any work under the contract. Acceptance
by Contractor of final payment of the contract price shall constitute a waiver of all claims against
Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in
this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an
application for partial payment or, if the Contractor does not submit such application, the Owner's
Representative shall determine the amount to be partially paid. Owner's Representative shall review
said application for partial payment if submitted, and the progress of the work made by the
Contractor and if found to be in order, shall prepare a certificate for partial payment showing as
completely as practical the total value of the work done by the Contractor up to and including the
last day of the preceding month. The determination of the partial payment by the Owner's
Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total
amount of the Owner's Representative's Certificate of Partial Payment, less:
(i) in the event the total value of the contract is five million dollars or more, 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; or
(ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount
thereof, which percentage shall be retained until final payment, and further, less all previous payments
and all further sums may be retained by Owner under the terms of the contract documents
("Retainage").
If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract,
the Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in
this section pertaining to the Contractor. Contractor shall likewise require any subcontractor it
engages to comply with section 2252.032 of the Texas Government Code.
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
fifteen (15) calendar 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. The work will be deemed substantially complete
when the work (or a specified portion thereof) has progressed to the point where, in the opinion of
the Owner or Owner's Representative, the work (or a specified portion thereof) is sufficiently
complete, in accordance with all the contract documents, including the Proposal and all applicable
technical specifications, so that the work (or a specified portion thereof) can be utilized for the
purposes for which it is intended without unscheduled disruption. Owner may, in its sole discretion,
release all or a portion of the Retainage upon Owner's receipt of the certificate of substantial
completion for all of the work or a specified portion thereof. 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, Owner shall pay to the Contractor
on or before the 31 st working day after the date of certification of final completion, the balance due
Contractor under the terms of this agreement. Neither the certification of final completion nor the
final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or
any warranty or warranties implied by law or otherwise. Owner may, in its sole discretion, release
all or a portion of the Retainage for fully completed and accepted portions of the work.
Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute
between Owner and Contractor according to section 2252.032(f) of the Texas Government Code.
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
M
condemned materials with other materials conforming to the requirements of the contract
documents. Contractor shall also bear the expense of restoring all work of other contractors damaged
by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time but not to exceed 30 days after a written notice by the
Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees
and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution cost) arising out of or relating to such correction or removal.
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.
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,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by
Owner,
(g) Failure to provide Project photographs required by Specifications.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory
to the Owner, in the amount withheld, payment shall be made for amounts withheld because
of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar
days after the Owner's Representative has given any direction, order or instruction to which the
Contractor desires to take exception. Timely written notice of dispute as provided in this contract
of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing
and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters
set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative
within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said
objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial
by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further
agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims
of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's
agents and employees and Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15)
calendar days after written notification from the Owner or the Owner's Representative, or (2) if the
Contractor fails to comply with the written orders of the Owner's Representative, when such orders
are consistent with this contract, then the Surety on the bond shall be notified in writing and directed
to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a
bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-
compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove
from the work any machinery, equipment, tools, materials or supplies then on the job, but the same,
together with any materials and equipment under the contract for work, may be held for use on the
work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work;
and the Contractor shall not receive any rental or credit therefore (except when used in connection
with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract);
it being understood that the use of such equipment and materials will ultimately reduce the cost to
complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance
with the notice hereinbefore provided within ten (10) calendar days after service of such notice,
and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance
with all terms and provisions of the contract documents, then the Owner may exercise any and all
remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to,
providing for completion of the work in either of the following elective manners:
(a) The Owner may employ such force of persons 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 proposals, 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 price, and the Contractor and/or
his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and materials shall be
mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this
contract; provided, however, that actual written notice given in any manner will satisfy this
condition. After mailing, or other giving of such notice, such property shall be held at the risk of
the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary
care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner
may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from
such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at
either public or private sale, with or without notice, as the Owner may elect. The Owner shall release
any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to
persons other than the Contractor or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the
extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the
remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner,
and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise
concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or
otherwise, including but not limited to, liquidated damages, as provided in paragraph 34,
hereinabove set forth.
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 $50,000. All bonds shall be submitted on forms supplied by the Owner,
and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to
do business in the State of Texas. It is further agreed that this contract shall not be in effect until
such bonds are so furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special
conditions conflict with any of the general conditions contained in this contract, then in such event
the special conditions shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the
nature of the work to be done, or from the action of the elements, or from any unforeseen
circumstance or from unusual obstructions or difficulties, naturally occurring, man-made or
otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne
by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power
and authority to direct, supervise, and control its own employees and to determine the method of the
performance of the work covered hereby. The fact that the Owner or Owner's Representative shall
have the right to observe Contractor's work during Contractor's performance and to carry out the
other prerogatives which are expressly reserved to and vested in the Owner or Owner's
Representative hereunder, is not intended to and shall not at any time change or effect the status of
the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the
work, and at the completion of the work Contractor shall remove all such debris and also its tools,
scaffolding, and surplus 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.
56. NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, without termination charge or other liability, on the last day of the then -
current fiscal year or when the appropriation made for the then -current year for the goods or services
covered by this contract is spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City
shall not be obligated under this contract beyond the date of termination.
57. THE CITY RIGHT TO AUDIT
At any time during the term of this Contract and for a period of four (4) years thereafter the City or
a duly authorized audit representative of the City, or the State of Texas, at its expense and at
reasonable times, reserves the right to audit Contractor's records and books relevant to all services
provided under this Contract. In the event such an audit by the City reveals any errors/overpayments
by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30)
days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing
the City from any payments due Contractor.
58. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this document, this provision shall control.
59. CONTRACTOR ACKNOWLEDGES
Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any
terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the
event of conflict between these terms and conditions and any terms and conditions provided by the
Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided
herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no
force or effect.
60. LABOR CODE CHAPTER 214
Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who
contracts with a governmental entity to provide a service as defined by Section 2155.001,
Government Code, shall properly classify, as an employee or independent contractor in accordance
with Chapter 201, any individual the person directly retains and compensates for services performed
in connection with the contract. (b) In this subsection, "subcontractor" means a person directly
retained and compensated by a person who contracts with a governmental entity to provide a service
as defined by Section 2155.001, Government Code. A subcontractor shall properly classify, as an
employee or independent contractor in accordance with Chapter 201, any individual the subcontractor
directly retains and compensates for services performed in connection with the contract for which the
subcontractor is retained. (c) A person who fails to properly classify an individual as required by
Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the
person has not properly classified. (d) The commission may not take action to collect a penalty under
this section from a person after the third anniversary of the date on which the violation occurred.
61. CERTIFICATE OF INTERESTED PARTIES
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code.
Section 2252.908 requires a business entity entering into certain contracts with a governmental entity
or state agency to file with the governmental entity or state agency a disclosure of interested parties
at the time the business entity submits the signed contract to the governmental entity or state agency.
Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting
business entity, acknowledging that the disclosure is made under oath and under penalty of perjury.
Section 2252.908 applies only to a contract that requires an action or vote by the governing body of
the governmental entity or state agency before the contract may be signed or has a value of at least
$1 million. Instructions for completing Form 1295 are available at:
http s: Hci .lubb ock.tx.us/departments/purchasing/vendor-information
62. TEXAS GOVERNMENT CODE SECTION 2252.152
Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from
entering into a contract with a vendor that is identified by The Comptroller as a company known to
have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist
organization.
63. TEXAS GOVERNMENT CODE SECTION 2271.002
Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a
contract that: (1) is between a governmental entity and a company with 10 or more full-time
employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public
funds of the governmental entity. (b) A governmental entity may not enter into a contract with a
company for goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
64. CONTRACTOR ACKNOWLEDGES
Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any
terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the
event of conflict between these terms and conditions and any terms and conditions provided by the
Contractor, the terms and conditions provided herein shall prevail. The terms and conditions
provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall
be of no force or effect.
65. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and
the contractor or vendor agrees that the contract can be terminated if the contractor or vendor
knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent
Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1)
preserve all contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body for the duration of the contract; (2) promptly
provide to the governmental body any contracting information related to the contract that is in the
custody or possession of the entity on request of the governmental body; and (3) on completion of
the contract, either: (A) provide at no cost to the governmental body all contracting information
related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements applicable to
the governmental body.
66. CONFIDENTIALITY
The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior
written consent of the City, unless otherwise required by law.
67. INDEMNITY
The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials,
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any
kind, character, type, or description, including without limiting the generality of the foregoing, all
expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to
any property, received or sustained by any person or persons or property, to the extent arising out
of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or
subcontractors, related to the performance, operations or omissions under this agreement and/or the
use or occupation of city owned property. The indemnity obligation provided herein shall survive
the expiration or termination of this agreement.
68. PROFESSIONAL RESPONSIBILITY
All architectural or engineering services to be performed shall be done with the professional skill
and care ordinarily provided by competent architects or engineers practicing under the same or
similar circumstances and professional license.
69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C
(b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or
insufficiency in the plans, specifications, or other design documents, disclose in writing to the
person with whom the contractor enters into a contract the existence of any known defect in the
plans, specifications, or other design documents that is discovered by the contractor, or that
reasonably should have been discovered by the contractor using diligence, before or during
construction. In this subsection, ordinary diligence means the observations of the plans,
specifications, or other design documents or the improvement to real property that a contractor
would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal
circumstances. Ordinary diligence does not require that the contractor engage a person licensed or
registered under Title 6, Occupations Code, or any other person with specialized skills. A
disclosure under this subsection is made in the contractor's capacity as contractor and not as a
licensed professional under Title 6, Occupations Code.
(c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the
consequences of defects that result from the failure to disclose.
70. GOVERNMENT CODE 2251.0521 UNSIGNED CHANGE ORDER
(a) A contractor or subcontractor may elect not to proceed with additional work directed by a
governmental entity if. (1) the contractor or subcontractor has not received a written, fully
executed change order for the governmental entity -directed additional work; and (2) the aggregate
actual or anticipated value of the additional work plus any previous governmental entity -directed
additional work for which the contractor or subcontractor has not received a written, fully executed
change order exceeds 10 percent of the contractor 's or subcontractor 's original contract amount.
(b) contractor or subcontractor who elects not to proceed with additional work as provided by this
section is not responsible for damages associated with the election not to proceed.
DAVIS BACON WAGE DETERMINATIONS
EXHIBIT A
INSERT WAGES
5/9/24, 3:43 PM SAM.gov
"General Decision Number: TX20240280 01/05/2024
Superseded General Decision Number: TX20230280
State: Texas
Construction Type: Building
Counties: Crosby and Lubbock Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
JIf the contract is entered
into on or after January 30,
12022, or the contract is
renewed or extended (e.g., an
loption is exercised) on or
after January 30, 2022:
JIf the contract was awarded onj
for between January 1, 2015 andl
January 29, 2022, and the
contract is not renewed or
lextended on or after January
130, 2022:
1
Executive Order 14026
generally applies to the
contract.
The contractor must pay
all covered workers at
least $17.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2024.
Executive Order 13658
generally applies to the
contract.
The contractor must pay alli
covered workers at least
$12.90 per hour (or the
applicable wage rate listedi
on this wage determination,1
if it is higher) for all
hours spent performing on
that contract in 2024.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
https://sam.gov/wage-determination/-FX20240280/0 1 /6
5/9/24, 3:43 PM
BOIL0074-003 07/01/2023
SAM.gov
Rates Fringes
BOILERMAKER ......................$ 37.00 24.64
----------------------------------------------------------------
CARP0665-001 01/01/2022
Rates Fringes
CARPENTER ........................$ 24.98 7.83
----------------------------------------------------------------
ELEC0602-008 09/01/2022
Rates Fringes
ELECTRICIAN ......................$ 26.07 12.63
----------------------------------------------------------------
ENGIO178-005 06/01/2020
Rates Fringes
POWER EQUIPMENT OPERATOR
(1) Tower Crane .............$ 32.85 13.10
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above.....$ 28.75 10.60
(3) Hydraulic cranes 59
Tons and under ..............$ 32.35 13.10
IRON0084-011 06/01/2023
Rates Fringes
IRONWORKER, ORNAMENTAL ........... $ 27.51 8.13
----------------------------------------------------------------
IRON0263-003 06/01/2023
Rates Fringes
IRONWORKER, STRUCTURAL ........... $ 27.89 7.93
----------------------------------------------------------------
PLUM0404-001 09/01/2022
Rates Fringes
PLUMBER ..........................$ 28.64 10.65
----------------------------------------------------------------
SHEE0049-001 06/01/2022
Rates Fringes
SHEET METAL WORKER (HVAC Duct
Installation Only) ...............$ 26.72 12.13
----------------------------------------------------------------
SUTX2014-060 07/21/2014
Rates Fringes
BRICKLAYER .......................$ 20.04 0.00
CEMENT MASON/CONCRETE FINISHER ... $ 19.60 0.00
INSULATOR - MECHANICAL
https://sam.gov/wage-determination/-FX20240280/0
2/6
5/9/24, 3:43 PM
SAM.gov
(Duct, Pipe & Mechanical
System Insulation) ...............$
19.77
7.13
IRONWORKER, REINFORCING..........$
12.27
**
0.00
LABORER: Common or General......$
12.35
**
0.00
LABORER: Mason Tender - Brick...$
11.36
**
0.00
LABORER: Mason Tender -
Cement/Concrete..................$
10.58
**
0.00
LABORER: Pipelayer..............$
12.49
**
2.13
LABORER: Roof Tearoff...........$
11.28
**
0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......$
14.25
**
0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader ................$
13.93
**
0.00
OPERATOR: Bulldozer .............$
18.29
1.31
OPERATOR: Drill .................$
16.22
**
0.34
OPERATOR: Forklift ..............$
14.83
**
0.00
OPERATOR: Grader/Blade..........$
13.37
**
0.00
OPERATOR: Loader ................$
13.55
**
0.94
OPERATOR: Mechanic ..............$
17.52
3.33
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$
16.03
**
0.00
OPERATOR: Roller ................$
12.70
**
0.00
PAINTER (Brush, Roller, and
Spray) ...........................$
14.27
**
0.00
ROOFER ...........................$
13.75
**
0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation...........$
21.13
6.53
TILE FINISHER ....................$
11.22
**
0.00
TILE SETTER ......................$
14.00
**
2.01
TRUCK DRIVER: Dump Truck........$
12.39
**
1.18
TRUCK DRIVER: Flatbed Truck.....$
19.65
8.57
TRUCK DRIVER: Semi -Trailer
Truck ............................$
12.50
**
0.00
TRUCK DRIVER: Water Truck.......$
----------------------------------------------------------------
12.00
**
4.11
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
https://sam.gov/wage-determination/-FX20240280/0 3/6
5/9/24, 3:43 PM
SAM.gov
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
https://sam.gov/wage-determination/-FX20240280/0 4/6
5/9/24, 3:43 PM
this classification and rate.
SAM.gov
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
https://sam.gov/wage-determination/-FX20240280/0 5/6
5/9/24, 3:43 PM
SAM.gov
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
https://sam.gov/wage-determination/-FX20240280/0 6/6
EXHIBIT B & C
City of Lubbock
Overtime
Legal Holiday
Prevailing Wage Rates
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor
Standards Act.
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
Pate Intentionally Left Blank
SPECIFICATIONS
Page Intentionally Left Blank
PROJECT MANUAL FOR THE
ROOF IMPROVEMENTS PROJECT 2024
PUMP STATION NO. 14
6514 73RD STREET
LUBBOCK, TEXAS 79424
"ql rExas
KWA PROJECT 10007-24-03
20 MARCH 2O24
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95952 F-21802
Il0<��c�NSF�•'G�t'S 20 MARCH 2024
31ONA�EN—
Documents - (/
Prepared by:
ENGINEERING & BUILDING
SCIENCE COMPANY, INC.
SECTION 00 0110 - TABLE OF CONTENTS FOR PROJECT DOCUMENTS
DIVISION 0 - PROPOSAL AND CONTRACT REQUIREMENTS
SECTION 0001 10
TABLE OF CONTENTS
0001 15
LIST OF DRAWING SHEETS
007300
SUPPLEMENTARY CONDITIONS
0073 16
INSURANCE REQUIREMENTS
0073 63
SECURITY REQUIREMENTS
DIVISION 1 - GENERAL REQUIREMENTS
G BUILDING
OF
u ► 1 0
....................... �
Y % TROY L. WHITE W n
..............................� .
02
9595
98
.•c,�`a��`2U MARCH2U24
SECTION 012500
SUBSTITUTION PROCEDURES
012600
CONTRACT MODIFICATION PROCEDURES
01 31 19
PROJECT MEETINGS
01 32 33
PHOTOGRAPHIC DOCUMENTATION
0133 00
SUBMITTAL PROCEDURES
01 40 00
QUALITY CONTROL
01 41 13
CODES
01 50 00
TEMPORARY FACILITIES AND CONTROLS
017700
CLOSEOUT PROCEDURES
DIVISION 6 - CARPENTRY
SECTION 06 1000 ROUGH CARPENTRY
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
SECTION 0701 50.19 PREPARATION FOR RE -ROOFING
07 54 23 THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING
07 62 00 SHEET METAL FLASHING AND TRIM
07 72 00 ROOF ACCESSORIES
SECTION NUMBER 00 01 15 - LIST OF DRAWING SHEETS
1.1 DRAWINGS
A. Engineering Plan Sheets dated March 20, 2024, KWA Job. No. 10007-24-03, form part of the contract
documents.
Cover Sheet GO1-01
Picnic Pavilion RO1-01
Roof Details R02-02
B. All prospective proposers shall visit the project sites and thoroughly familiarize themselves with the
conditions and factors affecting their proposals.
C. All existing roof systems, base flashings, dimensions, and field penetrations shown are approximate and
must be verified by field measurement and cores before proposal.
END OF SECTION 00 01 15
LIST OF DRAWING SHEETS 0001 15 -1
SECTION NUMBER 007300 - SUPPLEMENTARY CONDITIONS
PART I - GENERAL
1.1 ARCHITECT/ENGINEER
A. The term "Architect" shall be replaced with "Engineer" throughout the contract documents.
1.2 TIME
A. The projects shall start no later than 14 days after the Notice to Proceed and be completed within the
calendar days proposed on a project basis.
1.3 CONTRACTOR'S BANKRUPTCY
A. In the event the contractor files for financial protection with the bankruptcy courts, the owner shall, at its
option, terminate the contract and hire a new contractor to complete all work. This shall not relieve the
surety entities from their financial responsibilities.
1.4 CHANGE OF OWNERSHIP
A. Contractor: During the contract, if the ownership of the contractor firm changes by twenty percent (20%)
or more, the contractor shall immediately notify the project owner and project engineer in writing.
1.5 EMPLOYEES OF THE CITY OF LUBBOCK AND THE PROJECT ENGINEER
A. Employee Relationship
1. The contractor agrees that during this contract and for six (6) months following completion of the
project, the contractor will not hire, offer to hire, or provide any gratuity to any agent of the City of
Lubbock or Project Engineer. The contractor agrees that any such action would constitute a
conflict of interest. The contractor also agrees not to interfere with the relationship between the
Project Engineer employees or the City of Lubbock. The contractor agrees that such action can
result in financial loss for either the City of Lubbock or the Project Engineer and agrees to
compensate the injured parry for any loss.
2. The contractor further agrees to notify the project engineer and the City of Lubbock if, during the
course of the contract, any employee of the project engineer or City of Lubbock solicits gratuities
or employment with the contractor.
3. If applicable, the Contractor agrees not to solicit or hire any person who is an employee of another
contractor working concurrently on these projects for a period of six months following termination.
The contractor acknowledges that hiring an employee of another contractor will be disruptive and
result in a business loss for other contractors.
1.6 METHODS AND MEANS
A. The contractor agrees his firm is solely responsible for construction means, methods, techniques, and
sequences of construction and the safety of their employees per federal, state, and local safety laws. The
City of Lubbock and KWA Engineering & Building Science Co., Inc. are specifically not responsible for
the contractor's Methods and Means of construction.
1.7 HOLD HARMLESS
SUPPLEMENTARY CONDITIONS 007300 -1
A. The contractor agrees to defend and hold harmless the City of Lubbock, the owner's agents, and the
project engineer, KWA Engineering & Building Science Co., Inc., from any claims made by the
contractor's employees. The contractor agrees to defend and hold harmless the City of Lubbock, the
owner's agents, and the project engineer, KWA Engineering & Building Science Co., Inc., from any
claims made by third parties.
1.8 SAFETY
A. The contractor shall comply with all applicable provisions of OSHA and state and local regulations. The
contractor shall comply with all safety recommendations as listed by the National Roofing Contractors
Association (NRCA), including but not limited to warning lines, hard hats, and fall protection where
required.
B. The contractor shall provide all MSDS data sheets for materials being used on the project site. Asbestos
shall not be used on the project site under any circumstance.
C. This is a no -smoking project. Smoking will be prohibited on any roof surface or within any building
during the construction project.
D. The Contractor is advised firearms, weapons, alcohol, or drugs will not be tolerated on the project site
under any circumstance. Any individual in possession or use of firearms, guns, drugs, and or alcohol
shall be removed from the project immediately.
E. The contractor shall note that the City of Lubbock and KWA Engineering & Building Science Co., Inc.
assumes no responsibility for the safety of the contractor's employees. SAFETY OF THE
CONTRACTOR'S EMPLOYEES IS THE SOLE RESPONSIBILITY OF THE ROOFING CONTRACTOR.
F. Welding/Open Flames —The contractor is specifically prohibited from performing any work on or below
the roof surface utilizing open flames, torch -applied material, cutting torches, or welding equipment.
G. Access Site: The contractor shall erect a six -foot -tall chain -link fence around all ground -level heating
devices. Signs shall be placed on all sides indicating a "Danger Area" and 'No Trespassing." Ladders,
both at ground level and on roof levels, shall be secured, removed, and locked up daily.
H. The Contractor's roofers shall not contact employees or students of the City of Lubbock at any time. `Cat-
calls' or inappropriate comments from the roofers will result in the immediate removal of the roofer from
the project site.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 007300
SUPPLEMENTARY CONDITIONS 007300 -2
SECTION 012500 - SUBSTITUTION PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative and procedural requirements for substitutions.
1.3 DEFINITIONS
A. Substitutions: Changes in products, materials, equipment, and methods of construction from
those required by the Contract Documents.
1. Substitutions for Cause: Changes proposed by Contractor that are required due to
changed Project conditions, such as unavailability of product, regulatory changes, or
unavailability of required warranty terms.
2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not
required to meet other Project requirements but may offer advantage to Contractor or
Owner.
1.4 ACTION SUBMITTALS
A. Substitution Requests: Submit documentation identifying product or fabrication or installation
method to be replaced. Include Specification Section number and title and Drawing numbers
and titles.
1. Substitution Request Form: Use form acceptable to Architect.
2. Documentation: Show compliance with requirements for substitutions and the following,
as applicable:
a. Statement indicating why specified product or fabrication or installation method
cannot be provided, if applicable.
b. Coordination of information, including a list of changes or revisions needed to
other parts of the Work and to construction performed by Owner and separate
contractors that will be necessary to accommodate proposed substitution.
C. Detailed comparison of significant qualities of proposed substitutions with those of
the Work specified. Include annotated copy of applicable Specification Section.
Significant qualities may include attributes, such as performance, weight, size,
durability, visual effect, sustainable design characteristics, warranties, and specific
features and requirements indicated. Indicate deviations, if any, from the Work
specified.
d. Product Data, including drawings and descriptions of products and fabrication and
installation procedures.
e. Samples, where applicable or requested.
f. Certificates and qualification data, where applicable or requested.
SUBSTITUTION PROCEDURES 012500 - 1
g. List of similar installations for completed projects, with project names and
addresses as well as names and addresses of architects and owners.
h. Material test reports from a qualified testing agency, indicating and interpreting
test results for compliance with requirements indicated.
i. Research reports evidencing compliance with building code in effect for Project,
from IBC 2015.
j. Detailed comparison of Contractor's construction schedule using proposed
substitutions with products specified for the Work, including effect on the overall
Contract Time. If specified product or method of construction cannot be provided
within the Contract Time, include letter from manufacturer, on manufacturer's
letterhead, stating date of receipt of purchase order, lack of availability, or delays
in delivery.
k. Cost information, including a proposal of change, if any, in the Contract Sum.
1. Contractor's certification that proposed substitution complies with requirements in
the Contract Documents, except as indicated in substitution request, is compatible
with related materials and is appropriate for applications indicated.
in. Contractor's waiver of rights to additional payment or time that may subsequently
become necessary because of failure of proposed substitution to produce indicated
results.
Architect's Action: If necessary, Architect will request additional information or
documentation for evaluation within seven 7 days of receipt of a request for substitution.
Architect will notify Contractor of acceptance or rejection of proposed substitution within
15 days of receipt of request, or seven 7 days of receipt of additional information or
documentation, whichever is later.
a. Forms of Acceptance: Change Order, Construction Change Directive, or
Architect's Supplemental Instructions for minor changes in the Work.
b. Use product specified if Architect does not issue a decision on use of a proposed
substitution within time allocated.
1.5 QUALITY ASSURANCE
A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution
with related products and materials. Engage a qualified testing agency to perform compatibility
tests recommended by manufacturers.
1.6 PROCEDURES
A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved
substitutions.
1.7 SUBSTITUTIONS
A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for
change, but not later than 15 days prior to time required for preparation and review of related
submittals.
1. Conditions: Architect will consider Contractor's request for substitution when the
following conditions are satisfied. If the following conditions are not satisfied, Architect
will return requests without action, except to record noncompliance with these
requirements:
SUBSTITUTION PROCEDURES 012500 - 2
a. Requested substitution is consistent with the Contract Documents and will produce
indicated results.
b. Substitution request is fully documented and properly submitted.
C. Requested substitution will not adversely affect Contractor's construction schedule.
d. Requested substitution has received necessary approvals of authorities having
jurisdiction.
e. Requested substitution is compatible with other portions of the Work.
f. Requested substitution has been coordinated with other portions of the Work.
g. Requested substitution provides specified warranty.
h. If requested substitution involves more than one contractor, requested substitution
has been coordinated with other portions of the Work, is uniform and consistent, is
compatible with other products, and is acceptable to all contractors involved.
B. Substitutions for Convenience: Not allowed unless otherwise indicated.
C. Substitutions for Convenience: Architect will consider requests for substitution if received
within 60 days after the Notice of Award. Requests received after that time may be considered
or rejected at discretion of Architect.
1. Conditions: Architect will consider Contractor's request for substitution when the
following conditions are satisfied. If the following conditions are not satisfied, Architect
will return requests without action, except to record noncompliance with these
requirements:
a. Requested substitution offers Owner a substantial advantage in cost, time, energy
conservation, or other considerations, after deducting additional responsibilities
Owner must assume. Owner's additional responsibilities may include
compensation to Architect for redesign and evaluation services, increased cost of
other construction by Owner, and similar considerations.
b. Requested substitution does not require extensive revisions to the Contract
Documents.
C. Requested substitution is consistent with the Contract Documents and will produce
indicated results.
d. Substitution request is fully documented and properly submitted.
e. Requested substitution will not adversely affect Contractor's construction schedule.
£ Requested substitution has received necessary approvals of authorities having
jurisdiction.
g. Requested substitution is compatible with other portions of the Work.
h. Requested substitution has been coordinated with other portions of the Work.
i. Requested substitution provides specified warranty.
j. If requested substitution involves more than one contractor, requested substitution
has been coordinated with other portions of the Work, is uniform and consistent, is
compatible with other products, and is acceptable to all contractors involved.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 012500
SUBSTITUTION PROCEDURES 012500 - 3
SECTION NUMBER 012600 - CONTRACT MODIFICATION PROCEDURES
PART 1 - GENERAL
1.1 CHANGE ORDERS
A. All Change Orders shall be submitted on American Institute of Architects Document G701, "Change
Order" (2017). Change orders become valid only after the signature of the Project Engineer and
Owner.
B. Change Order shall include:
1. Change order number and date of issue.
2. Project name and job number.
3. Project Engineer's name and address.
4. Owners name and address.
5. Contractor's name and address.
6. Original contract date.
7. Statement that the change order modifies the original contract.
8. Brief description of the revision, including a detailed cost estimate of each change. The contractor
must provide a detailed breakdown of labor, materials, overhead, and profit. The revision shall
reference sheet number, detail number, and page within the specification relating to the change.
9. Tabulation of new contract amount, showing original sum and any prior change order addition or
deletion.
10. Time extension if required.
11. Any subcontracts affected.
12. Project Engineer's signature and date.
13. Owner's signature and date.
14. Contractor's signature and date.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 012600
CONTRACT MODIFICATION PROCEDURES 012600-1
SECTION NUMBER 013119 - PROJECT MEETINGS
PART 1 - GENERAL
1.1 PRE -CONSTRUCTION CONFERENCE
A. A pre -construction conference will be held prior to the beginning of construction. The contractor,
contractor's superintendent, a representative of the membrane manufacturer, a representative of the
Owner, and a representative of the Project Engineer shall attend the meeting. A review of plans,
specifications, submittals, job site quality control and billing procedures will be accomplished during the
course of this meeting. The contractor shall make all material submittals on this date.
1.2 PROGRESS MEETINGS
A. During the course of the project, periodic progress meetings shall be held at the project site as agreed to
by all parties involved. Representatives of the contractor, contractor's superintendent, the Roofing
Manufacturer, and a representative of the Project Engineer shall attend the meeting. Overall job status,
billings, change orders, job site quality control and scheduling shall be covered in this meeting.
1.3 SCHEDULE
A. The Project Engineer shall notify all parties as to the date and time of all meetings.
1.4 NOTICE TO PROCEED
A. The contractor shall not begin construction until a receipt of NOTICE To PROCEED. The contractor
shall provide all submittals, contracts, insurance certificates, security background checks and other data
required in the contract documents, prior to the start of work.
B. Time of Completion of the project shall be within the calendar listed by contract on a project -by -project
basis with the start date, unless otherwise agreed in writing, as the date of Notice to Proceed.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 013119
PROJECT MEETINGS 013119 -1
SECTION 013233 - PHOTOGRAPHIC DOCUMENTATION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative and procedural requirements for the following:
1. Preconstruction photographs.
1.3 INFORMATIONAL SUBMITTALS
A. Key Plan: Submit key plan of Project site and building with notation of vantage points marked for
location and direction of each photograph. Indicate elevation or story of construction. Include same
information as corresponding photographic documentation.
B. Digital Photographs: Submit image files within three 3 days of taking photographs.
1. Submit photos on CD-ROM or thumb -drive. Include copy of key plan indicating each
photograph's location and direction.
2. Identification: Provide the following information with each image description in file metadata
tag:
a. Name of Project.
b. Name and contact information for photographer.
C. Name of Architect.
d. Name of Contractor.
e. Date photograph was taken.
f. Description of location, vantage point, and direction.
g. Unique sequential identifier keyed to accompanying key plan.
1.4 QUALITY ASSURANCE
A. Photographer Qualifications: An individual who has been regularly engaged as a professional
photographer of construction projects for not less than three years.
1.5 FORMATS AND MEDIA
A. Digital Photographs: Provide color images in JPG format, produced by a digital camera with minimum
sensor size of 12 megapixels, and at an image resolution of not less than 3200 by 2400 pixels, and with
vibration -reduction technology. Use flash in low light levels or backlit conditions.
B. Digital Images: Submit digital media as originally recorded in the digital camera, without alteration,
manipulation, editing, or modifications using image -editing software.
PHOTOGRAPHIC DOCUMENTATION 013233 - 1
C. Metadata: Record accurate date and time and GPS location data from the camera.
D. File Names: Name media files with date and sequential numbering suffix.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 013233
PHOTOGRAPHIC DOCUMENTATION 013233 - 2
SECTION 013300 - SUBMITTAL PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Submittal schedule requirements.
2. Administrative and procedural requirements for submittals.
B. Related Requirements:
1. Section 013233 "Photographic Documentation" for submitting preconstruction photographs,
periodic construction photographs, and Final Completion construction photographs.
2. Section 017700 "Closeout Procedures" for submitting closeout submittals and maintenance
material submittals.
1.2 DEFINITIONS
A. Action Submittals: Written and graphic information and physical samples that require Architect's
responsive action. Action submittals are those submittals indicated in individual Specification Sections
as "action submittals."
B. Informational Submittals: Written and graphic information and physical samples that do not require
Architect's responsive action. Submittals may be rejected for not complying with requirements.
Informational submittals are those submittals indicated in individual Specification Sections as
"informational submittals."
1.3 SUBMITTAL SCHEDULE
A. Submittal Schedule: Submit, as an action submittal, a list of submittals, arranged in chronological order
by dates required by construction schedule. Include time required for review, ordering, manufacturing,
fabrication, and delivery when establishing dates. Include additional time required for making
corrections or revisions to submittals noted by Architect and additional time for handling and reviewing
submittals required by those corrections.
1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's
construction schedule.
2. Initial Submittal Schedule: Submit concurrently with startup construction schedule. Include
submittals required during the first 60 days of construction. List those submittals required to
maintain orderly progress of the Work and those required early because of long lead time for
manufacture or fabrication.
3. Final Submittal Schedule: Submit concurrently with the first complete submittal of Contractor's
construction schedule.
a. Submit revised submittal schedule as required to reflect changes in current status and
timing for submittals.
4. Format: Arrange the following information in a tabular format:
a. Scheduled date for first submittal.
b. Specification Section number and title.
C. Submittal Category: Action; informational.
SUBMITTAL PROCEDURES 013300 - 1
d. Name of subcontractor.
e. Description of the Work covered.
f. Scheduled date for Architect's final release or approval.
g. Scheduled dates for purchasing.
h. Scheduled date of fabrication.
i. Scheduled dates for installation.
j. Activity or event number.
1.4 SUBMITTAL FORMATS
A. Submittal Information: Include the following information in each submittal:
1. Project name.
2. Date.
3. Name of Architect.
4. Name of Construction Manager.
5. Name of Contractor.
6. Name of firm or entity that prepared submittal.
7. Names of subcontractor, manufacturer, and supplier.
8. Unique submittal number, including revision identifier. Include Specification Section number
with sequential alphanumeric identifier and alphanumeric suffix for resubmittals.
9. Category and type of submittal.
10. Submittal purpose and description.
11. Number and title of Specification Section, with paragraph number and generic name for each of
multiple items.
12. Drawing number and detail references, as appropriate.
13. Indication of full or partial submittal.
14. Location(s) where product is to be installed, as appropriate.
15. Other necessary identification.
16. Remarks.
17. Signature of transmitter.
B. Options: Identify options requiring selection by Architect.
C. Deviations and Additional Information: On each submittal, clearly indicate deviations from
requirements in the Contract Documents, including minor variations and limitations; include relevant
additional information and revisions, other than those requested by Architect on previous submittals.
Indicate by highlighting on each submittal or noting on attached separate sheet.
D. Electronic Submittals: Prepare submittals as PDF package, incorporating complete information into
each PDF file. Name PDF file with submittal number.
1.5 SUBMITTAL PROCEDURES
A. Prepare and submit submittals required by individual Specification Sections. Types of submittals are
indicated in individual Specification Sections.
1. Email: Prepare submittals as PDF package and transmit to Architect by sending via email.
Include PDF transmittal form. Include information in email subject line as requested by Architect.
a. Architect will return annotated file. Annotate and retain one copy of file as a digital Project
Record Document file.
2. Web -Based Project Management Software: Prepare submittals in PDF form, and upload to web -
based Project management software website. Enter required data in web -based software site to
fully identify submittal.
SUBMITTAL PROCEDURES 013300 - 2
Paper: Prepare submittals in paper form and deliver to Architect.
B. Coordination: Coordinate preparation and processing of submittals with performance of construction
activities.
1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and
related activities that require sequential activity.
2. Submit all submittal items required for each Specification Section concurrently unless partial
submittals for portions of the Work are indicated on approved submittal schedule.
3. Submit action submittals and informational submittals required by the same Specification Section
as separate packages under separate transmittals.
4. Coordinate transmittal of submittals for related parts of the Work specified in different Sections,
so processing will not be delayed because of need to review submittals concurrently for
coordination.
a. Architect reserves the right to withhold action on a submittal requiring coordination with
other submittals until related submittals are received.
C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for
review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be
authorized because of failure to transmit submittals enough in advance of the Work to permit
processing, including resubmittals.
1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if
coordination with subsequent submittals is required. Architect will advise Contractor when a
submittal being processed must be delayed for coordination.
2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial
submittal.
3. Resubmittal Review: Allow 15 days for review of each resubmittal.
4. Sequential Review: Where sequential review of submittals by Architect's consultants, Owner, or
other parties is indicated, allow 21 days for initial review of each submittal.
D. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.
1. Note date and content of previous submittal.
2. Note date and content of revision in label or title block, and clearly indicate extent of revision.
3. Resubmit submittals until they are marked with approval notation from Architect's action stamp.
E. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators,
installers, authorities having jurisdiction, and others as necessary for performance of construction
activities. Show distribution on transmittal forms.
F. Use for Construction: Retain complete copies of submittals on Project site. Use only final action
submittals that are marked with approval notation from Architect's action stamp.
1.6 SUBMITTAL REQUIREMENTS
A. Product Data: Collect information into a single submittal for each element of construction and type of
product or equipment.
1. If information must be specially prepared for submittal because standard published data are
unsuitable for use, submit as Shop Drawings, not as Product Data.
2. Mark each copy of each submittal to show which products and options are applicable.
3. Include the following information, as applicable:
a. Manufacturer's catalog cuts.
b. Manufacturer's product specifications.
C. Standard color charts.
d. Statement of compliance with specified referenced standards.
SUBMITTAL PROCEDURES 013300 - 3
e. Testing by recognized testing agency.
f. Application of testing agency labels and seals.
g. Notation of coordination requirements.
h. Availability and delivery time information.
4. For equipment, include the following in addition to the above, as applicable:
a. Wiring diagrams that show factory -installed wiring.
b. Printed performance curves.
C. Operational range diagrams.
d. Clearances required to other construction, if not indicated on accompanying Shop
Drawings.
5. Submit Product Data before Shop Drawings, and before or concurrently with Samples.
B. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not base Shop
Drawings on reproductions of the Contract Documents or standard printed data unless submittal based
on Architect's digital data drawing files is otherwise permitted.
1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following
information, as applicable:
a. Identification of products.
b. Schedules.
C. Compliance with specified standards.
d. Notation of coordination requirements.
e. Notation of dimensions established by field measurement.
f. Relationship and attachment to adjoining construction clearly indicated.
g. Seal and signature of professional engineer if specified.
C. Samples: Submit Samples for review of type, color, pattern, and texture for a check of these
characteristics with other materials.
1. Transmit Samples that contain multiple, related components, such as accessories together in one
submittal package.
2. Identification: Permanently attach label on unexposed side of Samples that includes the
following:
a. Project name and submittal number.
b. Generic description of Sample.
C. Product name and name of manufacturer.
d. Sample source.
e. Number and title of applicable Specification Section.
f. Specification paragraph number and generic name of each item.
3. Email Transmittal: Provide PDF transmittal. Include digital image file illustrating Sample
characteristics and identification information for record.
4. Web -Based Project Management Software: Prepare submittals in PDF form, and upload to web -
based Project software website. Enter required data in web -based software site to fully identify
submittal.
5. Paper Transmittal: Include paper transmittal, including complete submittal information indicated.
6. Disposition: Maintain sets of approved Samples at Project site, available for quality -control
comparisons throughout the course of construction activity. Sample sets may be used to
determine final acceptance of construction associated with each set.
a. Samples that may be incorporated into the Work are indicated in individual Specification
Sections. Such Samples must be in an undamaged condition at time of use.
b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are
the property of Contractor.
7. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of
units, showing the full range of colors, textures, and patterns available.
SUBMITTAL PROCEDURES 013300 - 4
a. Number of Samples: Submit one 1 full set(s) of available choices where color, pattern,
texture, or similar characteristics are required to be selected from manufacturer's product
line. Architect will return submittal with options selected.
D. Product Schedule: As required in individual Specification Sections, prepare a written summary
indicating types of products required for the Work and their intended location. Include the following
information in tabular form:
1. Type of product. Include unique identifier for each product indicated in the Contract Documents
or assigned by Contractor if none is indicated.
2. Manufacturer and product name, and model number if applicable.
3. Number and name of room or space.
4. Location within room or space.
E. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or
person. Include lists of completed projects with project names and addresses, contact information of
architects and owners, and other information specified.
F. Design Data: Prepare and submit written and graphic information indicating compliance with indicated
performance and design criteria in individual Specification Sections. Include list of assumptions and
summary of loads. Include load diagrams if applicable. Provide name and version of software, if any,
used for calculations. Number each page of submittal.
G. Certificates:
1. Certificates and Certifications Submittals: Submit a statement that includes signature of entity
responsible for preparing certification. Certificates and certifications shall be signed by an officer
or other individual authorized to sign documents on behalf of that entity. Provide a notarized
signature where indicated.
2. Installer Certificates: Submit written statements on manufacturer's letterhead, certifying that
Installer complies with requirements in the Contract Documents and, where required, is
authorized by manufacturer for this specific Project.
3. Manufacturer Certificates: Submit written statements on manufacturer's letterhead, certifying that
manufacturer complies with requirements in the Contract Documents. Include evidence of
manufacturing experience where required.
4. Material Certificates: Submit written statements on manufacturer's letterhead, certifying that
material complies with requirements in the Contract Documents.
5. Product Certificates: Submit written statements on manufacturer's letterhead, certifying that
product complies with requirements in the Contract Documents.
6. Welding Certificates: Prepare written certification that welding procedures and personnel comply
with requirements in the Contract Documents. Submit record of AWS B2.1/B2.1M on AWS
forms. Include names of firms and personnel certified.
H. Test and Research Reports:
1. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing
agency's standard form, indicating and interpreting results of compatibility tests performed before
installation of product. Include written recommendations for substrate preparation and primers
required.
2. Field Test Reports: Submit written reports indicating and interpreting results of field tests
performed either during installation of product or after product is installed in its final location, for
compliance with requirements in the Contract Documents.
3. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's
standard form, indicating and interpreting test results of material for compliance with
requirements in the Contract Documents.
4. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing
agency's standard form, indicating and interpreting results of tests performed before installation
of product, for compliance with performance requirements in the Contract Documents.
SUBMITTAL PROCEDURES 013300 - 5
Product Test Reports: Submit written reports indicating that current product produced by
manufacturer complies with requirements in the Contract Documents. Base reports on evaluation
of tests performed by manufacturer and witnessed by a qualified testing agency, or on
comprehensive tests performed by a qualified testing agency.
Research Reports: Submit written evidence, from a model code organization acceptable to
authorities having jurisdiction, that product complies with building code in effect for Project.
Include the following information:
a. Name of evaluation organization.
b. Date of evaluation.
C. Time period when report is in effect.
d. Product and manufacturers' names.
e. Description of product.
£ Test procedures and results.
g. Limitations of use.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 013300
SUBMITTAL PROCEDURES 013300 - 6
SECTION 014000 - QUALITY CONTROL
PART 1 - GENERAL
1.1 PROJECT DOCUMENTATION
A. The contractor shall maintain a reduced roof plan for each project on the project site. The roof plan shall
be marked around work and dated for each workday. A photographic log of ten photographs per
workday shall be maintained and provided to the engineer weekly. The roof plan and photographs shall
be forwarded to KWA Engineering & Building Science Co., Inc. weekly.
1.2 TESTING
A. Where the specifications require laboratory tests, tests shall be made by laboratories approved by the
Engineer. Submit test results reports to the engineer. The cost of all tests required by the Contract
Documents or authorized by the Engineer shall be paid for by the owner. Items that fail to meet the
requirements of the specifications shall be re -tested, and the Contractor shall bear all costs.
B. Unless otherwise provided in these Contract Documents, the testing laboratory will take all specimens
and samples for testing. The laboratory will provide all sampling equipment and personnel and will be
responsible for all deliveries of specimens and samples to it.
1. The Contractor shall facilitate the taking of specimens and samples.
2. The testing laboratory shall always have access to the work.
C. The Contractor shall notify the testing laboratory 24 hours in advance of operations requiring testing,
such as specific operation 1 and specific operation 2.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 014000
QUALITY CONTROL 014000-1
SECTION NUMBER 014113 - CODES
PART I - GENERAL
1.1 BUILDING CODES
A. The contractor shall comply with all applicable State of Texas and local building codes.
B. The contractor shall obtain all city and county permits, occupation licenses, or other legal requirements of
local authorities and pay any fees relating to the legal dumping of roofing materials.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 014113
CODES 014113-1
SECTION NUMBER 015000 - TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.1 UTILITIES
A. The contractor shall be allowed to use incidental water utilities.
B. The contractor will not be allowed to use interior toilet facilities; instead, the contractor will supply
temporary toilet facilities.
1.2 ACCESS
A. Access areas will be assigned during the pre -construction conference. Access areas will be identified and
posted as areas of danger. Equipment and materials may be stored in access areas.
B. The contractor will be allowed limited vehicular access to the project site. Access will be limited to
company vehicles. Employees of the roofing contractor shall not park their vehicles at Owner's projects.
C. The contractor and his employees shall NOT enter the school unless working on specific construction
items. Interior work shall be scheduled with the Owner's management and each principal.
D. All ladders shall be removed from the project daily today and secured.
E. The contractor shall not use the dumpsters the Owners utilize at any time.
1.3 BARRIERS/ENCLOSURES
A. The contractor will erect temporary six-foot tall fencing with the access door around the contractor's
access area. The area will be marked as a hazardous area with work occurring overhead. Access to the
area will be limited to contractor workmen, material manufacturer representatives, owners, and the
Project Engineer.
B. All walls shall be covered with 10-foot sheets of TPO at perimeter access points. Walls shall remain
covered during the loading of roofing materials and the off-loading of roofing debris. Damage to any wall
surface and grounds shall be fully repaired to the satisfaction of the Owner and KWA Engineering &
Building Science Co., Inc.
1.4 SECURITY
A. The contractor will be responsible for safely keeping all equipment, vehicles, and supplies on the project
site. The owner and the Project Engineer will not assume responsibility for securing the contractor's
equipment, vehicles, or materials.
B. Roof surfaces are limited to designated representatives of the Owner, its agents, representatives of the
Project Engineer, the material manufacturer, workmen, and representatives of the contractor. Unidentified
visitors to the project shall be asked to leave and check with the owner's administrative office. It is
anticipated that multiple projects will be ongoing at the school facilities. The contractor's workmen shall
not visit or trespass on projects with which they are not associated.
C. Owners' employees may be present in the general area during the work on this project. The contractor will
take all necessary precautions to protect the visitors and employees of the Owner.
TEMPORARY FACILITIES AND CONTROLS 015000 -1
D. The contractor will remove and secure ladders from the grounds daily. During work, all ladders shall be
securely anchored to the perimeter areas of the roof surface. Per OSHA, they must be 3' above the roof
edge.
1.5 CONSTRUCTION CLEANING
A. The contractor shall clean the project site daily. The construction site shall be kept clean and free of all
debris. Materials and equipment shall be neatly stored on the project site in designated areas. The school
superintendent will assign designated areas. Debris shall be removed from roof surfaces daily and will not
be allowed to accumulate on the roof surfaces.
1.6 EMERGENCY RESPONSE
A. During the contract, the contractor shall designate one workman on duty for emergency response during
the project. This workman shall be equipped with an electronic communication device and be on call a
24-hour, seven days a week.
1.7 SANITARY FACILITIES
A. The contractor will provide his workers with portable sanitary facilities.
1.8 SAFETY
A. The contractor shall at all times exercise reasonable precautions for the safety of employees on the work,
bystanders or observers of the project, engineering personnel, and inspectors, and shall comply with all
applicable provisions of the State and Municipal Safety Laws and Building Construction Codes. All
machinery, equipment, and other physical hazards shall be guarded by the "Manual of Accident
Prevention in Construction" of the Associated General Contractors of America unless such instructions
are incompatible with State or Municipal laws or regulations.
B. The contractor shall comply with all provisions as required by OSHA. At a minimum, the contractor shall
erect warning lines per NRCA requirements at the roof perimeter and all openings in all roof areas. The
contractor shall utilize fall protection harnesses where required by OSHA.
C. Safety is the sole responsibility of the Prime Contractor. The Prime Contractor is responsible for
ensuring all subcontractors and employees comply with safety guidelines.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 015000
TEMPORARY FACILITIES AND CONTROLS 015000 -2
SECTION NUMBER 017700 - CLOSEOUT PROCEDURES
PART 1 - GENERAL (NOT USED)
1.1 NOTICE OF COMPLETION
A. When the contractor is satisfied that work and cleanup is completed, he shall issue the notice of
completion to the Owner's authorized representative. The notice of completion shall include the request
for final inspection with the date and time given.
1.2 FINAL INSPECTION
A. The Owner's representative will respond to the notice of completion by the contractor and shall appear at
the given time for a tour of the project to make it the final inspection. The Owner's representative shall
note any inconsistencies in the specifications, and a written copy of the corrections shall be given to the
contractor.
1.3 FINAL ACCEPTANCE
A. Before final acceptance, the contractor shall thoroughly clean all trash and debris on the project site. Any
damage to the existing building or landscape shall be restored to the satisfaction of the Property Owner
and the Project Engineer.
B. The Owner reserves the right to accept the project even though the contractor has not made the
corrections on the final inspection. In such a case, deductions for the uncompleted or uncorrected work
based on previous provisions of these specifications will be made from the final payment.
1.4 AS -BUILT DRAWINGS, CONSTRUCTION DATA, PHOTOGRAPHS
A. During the project, the contractor shall keep a careful record at the job site of all changes and corrections
to the plans and details shown on the contract documents. The contractor shall enter such changes and
corrections on the contract documents promptly as they occur. The record "As Built" drawings shall
show all changes and corrections. The "As Built" documents shall be submitted with the final paperwork.
B. The contractor shall submit a roof plan showing the area and date of construction for each roof area.
C. The contractor shall provide a photographic log, detailing work daily.
D. All data shall be supplied in a hard copy three-ring binder and be stored on a flash drive.
E. Copies of all roof warranties.
1.5 DOCUMENTS
A. The contractor shall submit final billings, "As Built" drawings, and a Release of Liens from material
suppliers and subcontractors, along with a listing of any pending claims and all warranties.
CLOSEOUT PROCEDURES 017700 -1
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 017700
CLOSEOUT PROCEDURES 017700 -2
SECTION 061000 - ROUGH CARPENTRY
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Fire -retardant -treated lumber.
2. Dimension lumber framing.
3. Miscellaneous lumber.
1.2 DEFINITIONS
A. Dimension Lumber: Lumber of 2 inches nominal (38 min actual) size or greater but less than
5 inches nominal (114 min actual) size in least dimension.
B. Exposed Framing: Framing not concealed by other construction.
C. Lumber grading agencies, and abbreviations used to reference them, include the following:
1. NeLMA: Northeastern Lumber Manufacturers' Association.
2. NLGA: National Lumber Grades Authority.
3. SPIB: The Southern Pine Inspection Bureau.
4. WCLIB: West Coast Lumber Inspection Bureau.
5. WWPA: Western Wood Products Association.
1.3 ACTION SUBMITTALS
A. Product Data: For each type of process and factory -fabricated product. Indicate component
materials and dimensions and include construction and application details.
1. Include data for wood -preservative treatment from chemical treatment manufacturer and
certification by treating plant that treated materials comply with requirements. Indicate
type of preservative used and net amount of preservative retained.
2. Include data for fire -retardant treatment from chemical treatment manufacturer and
certification by treating plant that treated materials comply with requirements. Include
physical properties of treated materials based on testing by a qualified independent
testing agency.
3. For fire -retardant treatments, include physical properties of treated lumber both before
and after exposure to elevated temperatures, based on testing by a qualified independent
testing agency in accordance with ASTM D5664.
4. For products receiving a waterborne treatment, include statement that moisture content of
treated materials was reduced to levels specified before shipment to Project site.
1.4 INFORMATIONAL SUBMITTALS
A. Material Certificates:
ROUGH CARPENTRY 061000 - 1
For dimension lumber specified to comply with minimum allowable unit stresses. Indicate
species and grade selected for each use and design values approved by the ALSC Board of
Review.
For preservative -treated wood products. Indicate type of preservative used and net amount
of preservative retained.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Stack wood products flat with spacers beneath and between each bundle to provide air
circulation. Protect wood products from weather by covering with waterproof sheeting, securely
anchored. Provide for air circulation around stacks and under coverings.
PART 2 - PRODUCTS
2.1 WOOD PRODUCTS
A. Lumber: Comply with DOC PS 20 and applicable rules of grading agencies indicated. If no
grading agency is indicated, comply with the applicable rules of any rules -writing agency
certified by the ALSC Board of Review. Grade lumber by an agency certified by the ALSC
Board of Review to inspect and grade lumber under the rules indicated.
1. Factory mark each piece of lumber with grade stamp of grading agency.
2. For exposed lumber indicated to receive a stained or natural finish, [mark grade stamp on
end or back of each piece] [or] [omit grade stamp and provide certificates of grade
compliance issued by grading agency].
3. Where nominal sizes are indicated, provide actual sizes required by DOC PS 20 for
moisture content specified. Where actual sizes are indicated, they are minimum dressed
sizes for dry wood products.
4. Dress lumber, S4S, unless otherwise indicated.
B. Maximum Moisture Content:
1. Boards: 15 percent.
2. Dimension Lumber: 15 percent unless otherwise indicated.
2.2 FIRE -RETARDANT -TREATED LUMBER
A. General: Where fire -retardant -treated materials are indicated, materials are to comply with
requirements in this article, that are acceptable to authorities having jurisdiction, and with fire -
test -response characteristics specified as determined by testing identical products per test
method indicated by a qualified testing agency.
B. Fire -Retardant -Treated Lumber and Plywood by Pressure Process: Products with a flame -spread
index of 25 or less when tested in accordance with ASTM E84, and with no evidence of
significant progressive combustion when the test is extended an additional 20 minutes, and with
the flame front not extending more than 10.5 feet (3.2 m) beyond the centerline of the burners at
any time during the test.
1. Treatment is not to promote corrosion of metal fasteners.
2. Exterior Type: Treated materials are to comply with requirements specified above for
fire -retardant -treated lumber and plywood by pressure process after being subjected to
ROUGH CARPENTRY 061000 - 2
accelerated weathering in accordance with ASTM D2898. Use for exterior locations and
where indicated.
3. Design Value Adjustment Factors: Treated lumber is to be tested according to
ASTM D5664 and design value adjustment factors are to be calculated according to
ASTM D6841.
C. Kiln -dry lumber after treatment to maximum moisture content of 19 percent. Kiln -dry plywood
after treatment to maximum moisture content of 15 percent.
D. Identify fire -retardant -treated wood with appropriate classification marking of qualified testing
agency and other information required by authorities having jurisdiction.
E. For exposed items indicated to receive a stained or natural finish, chemical formulations are not
to bleed through, contain colorants, or otherwise adversely affect finishes.
F. Application: Treat all rough carpentry unless otherwise indicated.
1. Concealed blocking.
2. Wood cants, nailers, curbs, equipment support bases, blocking, and similar members in
connection with roofing.
3. Plywood backing panels.
2.3 DIMENSION LUMBER FRAMING
A. Non -Load -Bearing Interior Partitions by Grade: Construction, Stud, or No. 3 grade.
1. Species:
a. Hem -fir (north); NLGA.
b. Southern pine or mixed southern pine; SPIB.
C. Spruce -pine -fir; NLGA.
d. Hem -fir; WCLIB, or WWPA.
e. Spruce -pine -fir (south); NeLMA, WCLIB, or WWPA.
2.4 MISCELLANEOUS LUMBER
A. Provide miscellaneous lumber indicated and lumber for support or attachment of other
construction, including the following:
1. Blocking.
2. Nailers.
3. Rooftop equipment bases and support curbs.
4. Cants.
5. Furring.
B. Dimension Lumber Items: Standard, Stud, or No. 3 grade lumber of any of the following
species:
1. Hem -fir (north); NLGA.
2. Mixed southern pine or southern pine; SPIB.
3. Spruce -pine -fir; NLGA.
4. Hem -fir; WCLIB or WWPA.
5. Spruce -pine -fir (south); NeLMA, WCLIB, or WWPA.
ROUGH CARPENTRY 061000 - 3
2.5 PLYWOOD BACKING PANELS
A. Equipment Backing Panels: Plywood, DOC PS 1, Exterior, A-C, in thickness indicated or, if not
indicated, not less than 3/4-inch (19-mm) nominal thickness.
2.6 FASTENERS
A. General: Fasteners are to be of size and type indicated and comply with requirements specified
in this article for material and manufacture. Provide nails or screws, in sufficient length, to
penetrate not less than 1-1/2 inches (38 mm) into wood substrate.
1. Where rough carpentry is exposed to weather, in ground contact, pressure -preservative
treated, or in area of high relative humidity, provide fasteners with hot -dip zinc coating
complying with ASTM A153/A153M or ASTM F2329 of Type 304 stainless steel.
B. Power -Driven Fasteners: Fastener systems with an evaluation report acceptable to authorities
having jurisdiction, based on ICC-ES AC70.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Framing Standard: Comply with AF&PA's WCD 1, "Details for Conventional Wood Frame
Construction," unless otherwise indicated.
B. Set work to required levels and lines, with members plumb, true to line, cut, and fitted. Fit
rough carpentry accurately to other construction. Locate furring, nailers, blocking, and similar
supports to comply with requirements for attaching other construction.
C. Install plywood backing panels by fastening to studs; coordinate locations with utilities
requiring backing panels. Install fire -retardant -treated plywood backing panels with
classification marking of testing agency exposed to view.
D. Install metal framing anchors to comply with manufacturer's written instructions. Install
fasteners through each fastener hole.
E. Install sill sealer gasket to form continuous seal between sill plates and foundation walls.
F. Install sill sealer gasket/termite barrier in accordance with manufacturer's written instructions at
the underside of wall bottom track or rim track and at the top of foundation wall or slab at stud
or joist locations.
G. Do not splice structural members between supports unless otherwise indicated.
H. Provide blocking and framing as indicated and as required to support facing materials, fixtures,
specialty items, and trim.
1. Provide metal clips for fastening gypsum board or lath at corners and intersections where
framing or blocking does not provide a surface for fastening edges of panels. Space clips
not more than 16 inches (406 mm) o.c.
ROUGH CARPENTRY 061000 - 4
L Provide fire blocking in furred spaces, stud spaces, and other concealed cavities as indicated and
as follows:
1. Fire block furred spaces of walls, at each floor level, at ceiling, and at not more than
96 inches (2438 mm) o.c. with solid wood blocking or noncombustible materials
accurately fitted to close furred spaces.
2. Fire block concealed spaces of wood -framed walls and partitions at each floor level, at
ceiling line of top story, and at not more than 96 inches (2438 mm) o.c. Where fire
blocking is not inherent in framing system used, provide closely fitted solid wood blocks
of same width as framing members and 2-inch nominal (38-mm actual) thickness.
3. Fire block concealed spaces between floor sleepers with same material as sleepers to
limit concealed spaces to not more than 100 sq. ft. (9.3 sq. m) and to solidly fill space
below partitions.
4. Fire block concealed spaces behind combustible cornices and exterior trim at not more
than 20 feet (6 m) o.c.
Sort and select lumber so that natural characteristics do not interfere with installation or with
fastening other materials to lumber. Do not use materials with defects that interfere with
function of member or pieces that are too small to use with minimum number of joints or
optimum joint arrangement.
K. Comply with AWPA M4 for applying field treatment to cut surfaces of preservative -treated
lumber.
Use inorganic boron for items that are continuously protected from liquid water.
Use copper naphthenate for items not continuously protected from liquid water.
L. Where wood -preservative -treated lumber is installed adjacent to metal decking, install
continuous flexible flashing separator between wood and metal decking.
M. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated,
complying with the following:
1. Table 2304.10.1, "Fastening Schedule," in ICC's International Building Code (IBC).
2. Table R602.3(1), "Fastener Schedule for Structural Members," and Table R602.3(2),
"Alternate Attachments," in ICC's International Residential Code for One- and Two -
Family Dwellings.
3. ICC-ES evaluation report for fastener.
N. Securely attach roofing nailers to substrates by anchoring and fastening to withstand bending,
shear, or other stresses imparted by Project wind loads and fastener -resistance loads as designed
in accordance with ASCE/SEI 7.
O. Use steel common nails unless otherwise indicated. Select fasteners of size that will not fully
penetrate members where opposite side will be exposed to view or will receive finish materials.
Make tight connections between members. Install fasteners without splitting wood. Drive nails
snug but do not countersink nail heads unless otherwise indicated.
3.2 INSTALLATION OF WOOD BLOCKING AND NAILERS
A. Install where indicated and where required for attaching other work. Form to shapes indicated
and cut as required for true line and level of attached work. Coordinate locations with other
work involved.
ROUGH CARPENTRY 061000 - 5
B. Attach wood blocking to substrates to support applied loading. Recess bolts and nuts flush with
surfaces unless otherwise indicated.
C. Attach wood roofing nailers securely to substrate to resist the designed outward and upward
wind loads indicated on Drawings and in accordance with ANSI/SPRI ED-1, Tables A6 and AT
D. Provide permanent grounds of dressed, pressure -preservative -treated, key -beveled lumber not
less than 1-1/2 inches (38 mm) wide and of thickness required to bring face of ground to exact
thickness of finish material. Remove temporary grounds when no longer required.
3.3 INSTALLATION OF WOOD FURRING
A. Install level and plumb with closure strips at edges and openings. Shim with wood as required
for tolerance of finish work.
B. Furring to Receive Plywood or Hardboard Paneling: Install 1-by-3-inch nominal- (19-by-63-
mm actual-) size furring horizontally and vertically at 24 inches (610 mm) 600 mm o.c.
3.4 PROTECTION
A. Protect wood that has been treated with inorganic boron (SBX) from weather. If, despite
protection, inorganic boron -treated wood becomes wet, apply EPA -registered borate treatment.
Apply borate solution by spraying to comply with EPA -registered label.
END OF SECTION 061000
ROUGH CARPENTRY 061000 - 6
SECTION 070150.19 - PREPARATION FOR REROOFING
PART 1 - GENERAL
1.1 SUMMARY
A. The Work of This Section Includes:
1. Roof re-cover preparation.
2. Base flashing removal.
3. Fastener pull-out testing.
4. Disposal.
B. Related Requirements:
1. Section 011000 "Summary" for use of premises and for phasing requirements.
1.2 UNIT PRICES
A. Work of this Section is affected by insulation removal and replacement unit price parapet wall
sheathing removal and replacement unit price.
1.3 DEFINITIONS
A. Roofing Terminology: Definitions in ASTM D1079 and glossary of NRCA's "The NRCA
Roofing Manual: Membrane Roof Systems" apply to work of this Section.
B. Roof Re -Cover Preparation: Existing roofing system is to remain and be prepared for new roof
installed over it.
1.4 PREINSTALLATION MEETINGS
A. Preliminary Roofing Conference: Before starting removal Work, conduct conference at Project
site.
1. Meet with Owner, Architect, Owner's insurer if applicable, testing and inspecting agency
representative, roofing Installer, and installers whose work interfaces with or affects
roofing, including installers of roof accessories and roof -mounted equipment.
2. Review methods and procedures related to roofing tear -off, including, but not limited to,
the following:
a. Reroofing preparation, including roofing system manufacturer's written
instructions.
b. Temporary protection requirements for existing roofing system components that
are to remain.
C. Existing roof drains and roof drainage during each stage of reroofing, and roof -
drain plugging and plug removal.
PREPARATION FOR REROOFING 070150.19 - 1
d. Construction schedule and availability of materials, Installer's personnel,
equipment, and facilities needed to avoid delays.
e. Existing roof deck conditions requiring Architect notification.
f Existing roof deck removal procedures and Owner notifications.
g. Condition and acceptance of existing roof deck and base flashing substrate for
reuse.
h. Structural loading limitations of roof deck during reroofing.
i. Base flashings, special roofing details, drainage, penetrations, equipment curbs,
and condition of other construction that affect reroofing.
j. HVAC shutdown and sealing of air intakes.
k. Shutdown of fire -suppression, -protection, and -alarm and -detection systems.
1. Asbestos removal and discovery of asbestos -containing materials.
in. Governing regulations and requirements for insurance and certificates if
applicable.
n. Existing conditions that may require Architect notification before proceeding.
1.5 ACTION SUBMITTALS
A. Product Data: For each type of product.
B. Temporary Roofing Submittal: Product data and description of temporary roofing system.
1. If temporary roof remains in place, include surface preparation requirements needed to
receive permanent roof, and submit a letter from roofing manufacturer stating acceptance
of the temporary roof and that its inclusion does not adversely affect the new roofing
system's resistance to fire and wind.
1.6 INFORMATIONAL SUBMITTALS
A. Field Test Reports: Fastener pull-out test report.
B. Photographs or Video: Show existing conditions of adjoining construction and site
improvements, including exterior and interior finish surfaces, that might be misconstrued as
having been damaged by reroofing operations.
1. Submit before Work begins.
C. Landfill Records: Indicate receipt and acceptance of demolished roofing materials and
hazardous wastes, such as asbestos -containing materials, by a landfill facility licensed to accept
them.
1.7 QUALITY ASSURANCE
A. Regulatory Requirements:
1. Comply with governing EPA notification regulations before beginning roofing removal.
2. Comply with hauling and disposal regulations of authorities having jurisdiction.
PREPARATION FOR REROOFING 070150.19 - 2
1.8 FIELD CONDITIONS
A. Existing Roofing System: EPDM roofing.
B. Owner will occupy portions of building immediately below reroofing area.
1. Conduct reroofing so Owner's operations are not disrupted.
2. Provide Owner with not less than 72 hours' written notice of activities that may affect
Owner's operations.
3. Coordinate work activities daily with Owner so Owner has adequate advance notice to
place protective dust and water -leakage covers over sensitive equipment and furnishings,
shut down HVAC and fire -alarm or -detection equipment if needed, and evacuate
occupants from below work area.
4. Before working over structurally impaired areas of deck, notify Owner to evacuate
occupants from below affected area.
a. Verify that occupants below work area have been evacuated before proceeding
with work over impaired deck area.
C. Protect building to be reroofed, adjacent buildings, walkways, site improvements, exterior
plantings, and landscaping from damage or soiling from reroofing operations.
D. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities.
E. Conditions existing at time of inspection for bidding will be maintained by Owner as far as
practical.
F. Limit construction loads on existing roof areas to remain, and existing roof areas scheduled to
be reroofed and uniformly distributed loads.
G. Weather Limitations: Proceed with reroofing preparation only when existing and forecasted
weather conditions permit Work to proceed without water entering existing roofing system or
building.
1. Remove only as much roofing in one day as can be made watertight in the same day.
H. Hazardous Materials:
1. It is not expected that hazardous materials, such as asbestos -containing materials, will be
encountered in the Work.
2. If materials suspected of containing hazardous materials are encountered, do not disturb;
immediately notify Architect and Owner.
a. Hazardous materials will be removed by Owner under a separate contract.
3. A report on the presence of hazardous materials is on file for review and use. Examine
report to become aware of locations where hazardous materials are present.
a. Hazardous material remediation is specified elsewhere in the Contract Documents.
PREPARATION FOR REROOFING 070150.19 - 3
b. Do not disturb hazardous materials or items suspected of containing hazardous
materials except according to procedures specified elsewhere in the Contract
Documents.
PART 2-PRODUCTS
2.1 TEMPORARY PROTECTION MATERIALS
A. Plywood: DOC PS 1, Grade CD, Exposure 1.
B. OSB: DOC PS 2, Exposure 1.
2.2 TEMPORARY ROOFING MATERIALS
A. Design and selection of materials for temporary roofing are the Contractor's responsibilities.
B. Wood blocking, curbs, and nailers are specified in Section 061000 "Rough Carpentry."
C. Plywood roof sheathing is specified in Section 061600 "Sheathing."
D. Fasteners: Factory -coated steel fasteners with metal or plastic plates and acceptable to new
roofing system manufacturers.
2.3 AUXILIARY REROOFING MATERIALS
A. General: Use auxiliary reroofing preparation materials recommended by roofing system
manufacturer for intended use and compatible with components of existing and new roofing
system.
PART 3 - EXECUTION
3.1 PREPARATION
A. Protection of In -Place Conditions:
1. Protect existing roofing system that is not to be reroofed.
a. Loosely lay 15/32-inch (12-mm) plywood or OSB panels.
2. Limit traffic and material storage to areas of existing roofing that have been protected.
3. Maintain temporary protection and leave it in place until replacement roofing has been
completed. Remove temporary protection on completion of reroofing.
4. Comply with requirements of existing roof system manufacturer's warranty requirements.
B. Seal or isolate windows that may be exposed to airborne substances created in removal of
existing materials.
PREPARATION FOR REROOFING 070150.19 - 4
C. Shut off rooftop utilities and service piping before beginning the Work.
D. Test existing roof drains to verify that they are not blocked or restricted.
1. Immediately notify the Architect of any blockages or restrictions.
E. Coordinate with Owner to shut down air-intake equipment in the vicinity of the Work.
1. Cover air-intake louvers before proceeding with reroofing work that could affect indoor
air quality or activate smoke detectors in the ductwork.
F. During removal operations, have sufficient and suitable materials on -site to facilitate rapid
installation of temporary protection in the event of unexpected rain.
G. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday.
1. Prevent debris from entering or blocking roof drains and conductors.
a. Use roof -drain plugs specifically designed for this purpose.
b. Remove roof -drain plugs at end of each workday, when no work is taking place, or
when rain is forecast.
2. If roof drains are temporarily blocked or unserviceable due to roofing system removal or
partial installation of new roofing system, provide alternative drainage method to remove
water and eliminate ponding.
a. Do not permit water to enter or under existing roofing system components that are
to remain.
3.2 ROOF RE-COVER PREPARATION
A. Remove blisters, ridges, buckles, mechanically attached roofing fastener buttons projecting
above roofing, and other substrate irregularities from existing roofing that inhibit new recover
boards from conforming to substrate.
3.3 BASE FLASHING REMOVAL
A. Remove existing base flashings.
1. Clean substrates of contaminants, such as asphalt, sheet materials, dirt, and debris.
B. Inspect parapet sheathing, wood blocking, curbs, and nailers for deterioration and damage.
1. If parapet sheathing, wood blocking, curbs, or nailers have deteriorated, immediately
notify Architect.
C. Remove existing parapet sheathing and replace with new parapet sheathing to comply with
Section 061000 "Rough Carpentry."
PREPARATION FOR REROOFING 070150.19 - 5
1. If parapet framing, wood blocking, curbs, or nailers have deteriorated, immediately notify
Architect.
D. When directed by Architect, replace parapet framing, wood blocking, curbs, and nailers to
comply with Section 061000 "Rough Carpentry."
3.4 FASTENER PULL-OUT TESTING
A. Perform fastener pull-out tests according to SPRI FX-1 and submit test report to Architect and
roofing manufacturer before installing new roofing system.
1. Obtain Architect's and roofing manufacturer's approval to proceed with specified
fastening pattern.
a. Roofing manufacturer may furnish revised fastening pattern commensurate with
pull-out test results.
3.5 DISPOSAL
A. Collect demolished materials and place in containers.
1. Promptly dispose of demolished materials.
2. Do not allow demolished materials to accumulate on -site.
3. Storage or sale of demolished items or materials on -site is not permitted.
B. Transport and legally dispose of demolished materials off Owner's property.
END OF SECTION 070150.19
PREPARATION FOR REROOFING 070150.19 - 6
SECTION 075423 - THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Thermoplastic polyolefin (TPO) roofing system.
2. Accessory roofing materials.
3. Roof insulation.
4. Insulation accessories and cover board.
5. Walkways.
B. Related Requirements:
1. Section 061000 "Rough Carpentry" for wood nailers, curbs, and blocking; and for wood -based,
structural -use roof deck panels.
2. Section 076200 "Sheet Metal Flashing and Trim" for metal roof flashings and counterflashings.
1.2 DEFINITIONS
A. Roofing Terminology: Definitions in ASTM D1079 and glossary in NRCA's "The NRCA Roofing Manual:
Membrane Roof Systems" apply to Work of this Section.
1.3 PREINSTALLATION MEETINGS
A. Preliminary Roofing Conference: Before starting roof deck construction, conduct conference at Project site.
1. Meet with Owner, Architect, Owner's insurer if applicable, testing and inspecting agency
representative, roofing Installer, roofing system manufacturer's representative, deck Installer, air
barrier Installer, and installers whose work interfaces with or affects roofing, including installers of
roof accessories and roof -mounted equipment.
2. Review methods and procedures related to roofing installation, including manufacturer's written
instructions.
3. Review and finalize construction schedule, and verify availability of materials, Installer's personnel,
equipment, and facilities needed to make progress and avoid delays.
4. Review deck substrate requirements for conditions and finishes, including flatness and fastening.
5. Review structural loading limitations of roof deck during and after roofing.
6. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs,
and condition of other construction that affects roofing system.
7. Review governing regulations and requirements for insurance and certificates if applicable.
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 1
8. Review temporary protection requirements for roofing system during and after installation.
9. Review roof observation and repair procedures after roofing installation.
B. Preinstallation Roofing Conference: Conduct conference at Project site.
1. Meet with Owner, Architect, Owner's insurer if applicable, testing and inspecting agency
representative, roofing Installer, roofing system manufacturer's representative, deck Installer, air
barrier Installer, and installers whose work interfaces with or affects roofing, including installers of
roof accessories and roof -mounted equipment.
2. Review methods and procedures related to roofing installation, including manufacturer's written
instructions.
3. Review and finalize construction schedule, and verify availability of materials, Installer's personnel,
equipment, and facilities needed to make progress and avoid delays.
4. Examine deck substrate conditions and finishes for compliance with requirements, including flatness
and fastening.
5. Review structural loading limitations of roof deck during and after roofing.
6. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs,
and condition of other construction that affects roofing system.
7. Review governing regulations and requirements for insurance and certificates if applicable.
8. Review temporary protection requirements for roofing system during and after installation.
9. Review roof observation and repair procedures after roofing installation.
1.4 ACTION SUBMITTALS
A. Product Data:
1. Thermoplastic polyolefin (TPO) roofing system.
2. Accessory roofing materials.
3. Roof insulation.
4. Insulation accessories and cover board.
5. Walkways.
6. For insulation and roof system component fasteners, include a copy of SPRI's Directory of Roof
Assemblies listing.
B. Shop Drawings: Include roof plans, sections, details, and attachments to other work, including the
following:
1. Layout and thickness of insulation.
2. Base flashings and membrane termination details.
3. Flashing details at penetrations.
4. Tapered insulation layout, thickness, and slopes.
5. Roof plan showing orientation of steel roof deck and orientation of roof membrane, fastening
spacings, and patterns for mechanically fastened roofing system.
6. Insulation fastening patterns for corner, perimeter, and field -of -roof locations.
7. Tie-in with adjoining air barrier.
C. Samples for Verification: For the following products:
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 2
1. Roof membrane and flashings, of color required.
2. Walkway pads or rolls, of color required.
1.5 INFORMATIONAL SUBMITTALS
A. Qualification Data: For Installer and testing agency.
B. Manufacturer Certificates:
Performance Requirement Certificate: Signed by roof membrane manufacturer, certifying that
roofing system complies with requirements specified in "Performance Requirements" Article.
a. Submit evidence of compliance with performance requirements.
2. Special Warranty Certificate: Signed by roof membrane manufacturer, certifying that all materials
supplied under this Section are acceptable for special warranty.
C. Product Test Reports: For roof membrane and insulation, for tests performed by a qualified testing agency,
indicating compliance with specified requirements.
D. Evaluation Reports: For components of roofing system, from ICC-ES.
E. Field Test Reports:
Fastener -pullout test results and manufacturer's revised requirements for fastener patterns.
F. Field quality -control reports.
G. Sample Warranties: For manufacturer's special warranties.
1.6 CLOSEOUT SUBMITTALS
A. Maintenance Data: For roofing system to include in maintenance manuals.
B. Certified statement from existing roof membrane manufacturer stating that existing roof warranty has not
been affected by Work performed under this Section.
1.7 QUALITY ASSURANCE
A. Manufacturer Qualifications: A qualified manufacturer that is UL listed in SPRI's Directory of Roof
Assemblies for roofing system identical to that used for this Project.
B. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by roofing system
manufacturer to install manufacturer's product and that is eligible to receive manufacturer's special
warranty.
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 3
1.8 DELIVERY, STORAGE, AND HANDLING
A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with
manufacturer's name, product brand name and type, date of manufacture, approval or listing agency
markings, and directions for storing and mixing with other components.
B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within
the temperature range required by roofing system manufacturer. Protect stored liquid material from direct
sunlight.
1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life.
C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture,
soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written
instructions for handling, storing, and protecting during installation.
D. Handle and store roofing materials, and place equipment in a manner to avoid permanent deflection of deck.
1.9 FIELD CONDITIONS
A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit
roofing system to be installed according to manufacturer's written instructions and warranty requirements.
1.10 WARRANTY
A. Special Warranty: Manufacturer agrees to repair or replace components of roofing system that fail in
materials or workmanship within specified warranty period.
1. Special warranty includes roof membrane, base flashings, roof insulation, fasteners, cover boards,
and other components of roofing system.
2. Warranty Period: Twenty (20) years from date of Substantial Completion.
B. Special Project Warranty: Submit roofing Installer's warranty, on warranty form at end of this Section,
signed by Installer, covering the Work of this Section, including all components of roofing system such as
roof membrane, base flashing, roof insulation, fasteners, cover boards, and walkway products, for the
following warranty period:
Warranty Period: Two (2) years from date of Substantial Completion.
PART 2-PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. General Performance: Installed roofing system and flashings to withstand specified uplift pressures,
thermally induced movement, and exposure to weather without failure due to
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 4
defective manufacture, fabrication, installation, or other defects in construction. Roof system and flashings
to remain watertight.
1. Accelerated Weathering: Roof to withstand 2000 hours of exposure when tested according to
ASTM G152, ASTM G154, or ASTM G155.
2. Impact Resistance: Roof membrane to resist impact damage when tested according to
ASTM D3746, ASTM D4272, or the "Resistance to Foot Traffic Test" in FM Approvals 4470.
B. Material Compatibility: Roofing materials to be compatible with one another and adjacent materials under
conditions of service and application required, as demonstrated by roof membrane manufacturer based on
testing and field experience.
C. SPRI's Directory of Roof Assemblies Listing: Roof membrane, base flashings, and component materials
comply with requirements in FM Approvals 4450 or FM Approvals 4470 as part of a roofing system and are
listed in SPRI's Directory of Roof Assemblies for roof assembly identical for that specified for this Project.
1. Wind Uplift Load Capacity: 105 psf.
D. Energy Star Listing: Roofing system to be listed on the DOE's Energy Star "Roof Products Qualified
Product List" for low -slope roof products.
E. Energy Performance: Roofing system to have an initial solar reflectance of not less than 0.70 and an
emissivity of not less than 0.75 when tested in accordance with ANSI/CRRC S 100.
Exterior Fire -Test Exposure: ASTM E108 or UL 790, Class A; for application and roof slopes indicated;
testing by a qualified testing agency. Identify products with appropriate markings from an applicable testing
agency.
G. Fire -Resistance Ratings: Comply with fire -resistance -rated assembly designs indicated. Identify products
with appropriate markings from an applicable testing agency.
2.2 THERMOPLASTIC POLYOLEFIN (TPO) ROOFING SYSTEM
A. TPO Sheet: ASTM D6878/D6878M, internally fabric- or scrim -reinforced, fabric -backed TPO sheet.
Manufacturers: Subject to compliance with requirements, provide products by one of the following:
a. Carlisle Syntec Systems.
b. Elevate; Holcim Building Envelope.
C. GAF.
d. Johns Manville, a Berkshire Hathaway company.
2. Source Limitations: Obtain components for roofing system from roof membrane manufacturer or
manufacturers approved by roof membrane manufacturer.
3. Thickness: 80 mils (2.0 mm), nominal.
4. Exposed Face Color: White.
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 5
2.3 ACCESSORY ROOFING MATERIALS
A. General: Accessory materials recommended by roofing system manufacturer for intended use and
compatible with other roofing components.
1. Adhesive and Sealants: Comply with VOC limits of authorities having jurisdiction.
2. Verify adhesives and sealants comply with the following limits for VOC content:
a. Plastic Foam Adhesives: 50 g/L.
b. Gypsum Board and Panel Adhesives: 50 g/L.
C. Multipurpose Construction Adhesives: 70 g/L.
d. Fiberglass Adhesives: 80 g/L.
e. Contact Adhesives: 80 g/L.
f. PVC Welding Compounds: 510 g/L.
g. Other Adhesives: 250 g/L.
h. Single -Ply Roof Membrane Sealants: 450 g/L.
i. Nonmembrane Roof Sealants: 300 g/L.
j. Sealant Primers for Nonporous Substrates: 250 g/L.
k. Sealant Primers for Porous Substrates: 775 g/L.
B. Sheet Flashing: Manufacturer's standard unreinforced TPO sheet flashing, 55 mils (1.4 mm) thick,
minimum, of same color as TPO sheet.
C. Prefabricated Pipe Flashings: As recommended by roof membrane manufacturer.
D. Bonding Adhesive: Manufacturer's standard.
E. Metal Termination Bars: Manufacturer's standard, predrilled stainless steel or aluminum bars,
approximately 1 by 1/8 inch (25 by 3 mm) thick; with anchors.
F. Fasteners: Factory -coated steel fasteners and metal or plastic plates complying with corrosion -resistance
provisions in FM Approvals 4470, designed for fastening roofing components to substrate, and acceptable
to roofing system manufacturer.
G. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed
inside and outside corner sheet flashings, T-joint covers, lap sealants, termination reglets, and other
accessories.
2.4 ROOF INSULATION
A. General: Preformed roof insulation boards manufactured or approved by TPO roof membrane
manufacturer, approved for use in SPRI's Directory of Roof Assemblies listed roof assemblies.
B. Poly isocyanurate Board Insulation: ASTM C1289, Type II, Class 1, Grade 2, felt or glass -fiber mat facer on
both major surfaces.
Manufacturers: Subject to compliance with requirements, provide products by one of the following:
a. Atlas Polyiso Roof and Wall Insulation.
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 6
b. Carlisle Syntec Systems.
C. GAF.
d. Hunter Panels; a Carlisle company.
C. Johns Manville, a Berkshire Hathaway company.
2. Compressive Strength: 20 psi (138 kPa).
3. Size: 48 by 48 inches (1219 by 1219 mm).
C. Tapered Insulation: Provide factory -tapered insulation boards.
1. Material: Match roof insulation.
2. Minimum Thickness: 1/4 inch (6.35 mm).
3. Slope:
a. Saddles and Crickets: 1/2 inch per foot (1:24) unless otherwise indicated on Drawings.
2.5 INSULATION ACCESSORIES AND COVER BOARD
A. General: Roof insulation accessories recommended by insulation manufacturer for intended use and
compatibility with other roofing system components.
B. Fasteners: Factory -coated steel fasteners with metal or plastic plates complying with corrosion -resistance
provisions in FM Approvals 4470, designed for fastening roof insulation and cover boards to substrate, and
acceptable to roofing system manufacturer.
C. Fiber -Reinforced Gypsum Roof Board: ASTM C1278/C1278M, cellulosic -fiber reinforced, water-resistant
gypsum board.
Thickness: 1/2 inch (13 mm).
2.6 WALKWAYS
A. Flexible Walkways: Factory -formed, nonporous, heavy-duty, slip -resisting, surface -textured walkway pads
or rolls, approximately 3/16 inch (5 mm) thick and acceptable to roofing system manufacturer.
1. Size: Approximately36 by 60 inches (914 by 1524 mm).
2. Color: Contrasting with roof membrane.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements and
other conditions affecting performance of the Work.
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 7
1. Verify that roof openings and penetrations are in place, curbs are set and braced, and roof -drain
bodies are securely clamped in place.
2. Verify that wood blocking, curbs, and nailers are securely anchored to roof deck at penetrations and
terminations and that nailers match thicknesses of insulation.
B. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing system installation
according to roofing system manufacturer's written instructions. Remove sharp projections.
B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating
onto surfaces of other construction. Remove roof -drain plugs when no work is taking place or when rain is
forecast.
C. Perform fastener -pullout tests according to roof system manufacturer's written instructions.
Submit test result within 24 hours after performing tests.
a. Include manufacturer's requirements for any revision to previously submitted fastener
patterns required to achieve specified wind uplift requirements.
3.3 INSTALLATION OF ROOFING, GENERAL
A. Install roofing system according to roofing system manufacturer's written instructions, SPRI's Directory of
Roof Assemblies listed roof assembly requirements, and FM Global Property Loss Prevention Data Sheet 1-
29.
B. Complete terminations and base flashings and provide temporary seals to prevent water from entering
completed sections of roofing system at end of workday or when rain is forecast. Remove and discard
temporary seals before beginning Work on adjoining roofing.
3.4 INSTALLATION OF INSULATION
A. Coordinate installing roofing system components, so insulation is not exposed to precipitation or left
exposed at end of workday.
B. Comply with roofing system and roof insulation manufacturer's written instructions for installing roof
insulation.
C. Installation over existing roofing system:
Mechanically tapered insulation (crickets) using mechanical fasteners specifically designed and
sized for fastening specified board -type roof insulation to metal decks.
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 8
3.5 INSTALLATION OF COVER BOARDS
A. Install cover boards over insulation with long joints in continuous straight lines with end joints staggered
between rows. Offset joints of insulation below a minimum of 6 inches (150 mm) in each direction.
1. Trim cover board neatly to fit around penetrations and projections, and to fit tight to intersecting
sloping roof decks.
2. At internal roof drains, conform to slope of drain sump.
a. Trim cover board so that water flow is unrestricted.
3. Cut and fit cover board tight to nailers, projections, and penetrations.
4. Loosely lay cover board over substrate.
B. Place plates on insulation in required fastening patterns to achieve specified uplift rating and secure in
accordance with manufacturer's instructions.
Install plates and fasteners tight and flat to substrate with no dimpling, and with fastener extending 1
inch (25 mm) minimum into roof deck; do not overdrive fasteners.
3.6 INSTALLATION OF ADHERED ROOF MEMBRANE
A. Adhere roof membrane over area to receive roofing according to roofing system manufacturer's written
instructions.
B. Unroll roof membrane and allow to relax before installing
C. Start installation of roofing in presence of roofing system manufacturer's technical personnel and Owner's
testing and inspection agency.
D. Accurately align roof membrane and maintain uniform side and end laps of minimum dimensions required
by manufacturer. Stagger end laps.
E. Fabric -Backed Roof Membrane Adhesive: Apply to substrate at rate required by manufacturer and install
fabric -backed roof membrane.
F. In addition to adhering, mechanically fasten roof membrane securely at terminations, penetrations, and
perimeter of roofing.
G. Apply roof membrane with side laps shingled with slope of roof deck where possible.
H. Seams: Clean seam areas, overlap roof membrane, and hot-air weld side and end laps of roof membrane and
sheet flashings, to ensure a watertight seam installation.
1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of roof
membrane and sheet flashings.
2. Verify field strength of seams a minimum of twice daily, and repair seam sample areas.
3. Repair tears, voids, and lapped seams in roof membrane that do not comply with requirements.
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 9
Spread sealant bed over deck -drain flange at roof drains, and securely seal roof membrane in place with
clamping ring.
3.7 INSTALLATION OF BASE FLASHING
A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to roofing
system manufacturer's written instructions.
B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially
dry. Do not apply to seam area of flashing.
C. Flash penetrations and field -formed inside and outside corners with cured or uncured sheet flashing.
D. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps
to ensure a watertight seam installation.
E. Terminate and seal top of sheet flashings and mechanically anchor to substrate through termination bars.
3.8 INSTALLATION OF WALKWAYS
A. Flexible Walkways:
Install flexible walkways at the following locations:
a. Perimeter of each rooftop unit.
b. As required by roof membrane manufacturer's warranty requirements.
2. Provide 6-inch (76-mm) clearance between adjoining pads.
3. Heat weld to substrate or adhere walkway products to substrate with compatible adhesive according
to roofing system manufacturer's written instructions.
3.9 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified testing agency to perform tests and to inspect substrate
conditions, surface preparation, roof membrane application, sheet flashings, protection, and drainage
components, and to furnish reports to Architect.
B. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing
installation on completion, in presence of Architect, and to prepare inspection report.
C. Repair or remove and replace components of roofing system where inspections indicate that they do not
comply with specified requirements.
D. Additional testing and inspecting, at Contractor's expense, will be performed to determine if replaced or
additional work complies with specified requirements.
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 10
3.10 PROTECTING AND CLEANING
A. Protect roofing system from damage and wear during remainder of construction period. When remaining
construction does not affect or endanger roofing system, inspect roofing system for deterioration and
damage, describing its nature and extent in a written report, with copies to Architect and Owner.
B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates,
and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial
Completion and according to warranty requirements.
C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures
recommended by manufacturer of affected construction.
END OF SECTION 075423
THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING 075423 - 11
SECTION NUMBER 076200 - SHEET METAL FLASHING AND TRIM
PART 1 - GENERAL
1.1 RELATED WORK SPECIFIED ELSEWHERE
A. Section 075423 Thermoplastic-Polyole fin (TPO) Roofing
1.2 SUBMITTALS
A. Submit shop drawings, product data and color samples for each of the following:
1. Coping
2. Counterflashing
3. Scuppers — Primary and Overflow
B. Indicate thickness, dimensions, and fastening methods. Unless otherwise shown, new sheet metal shall
match existing sheet metal as closely as possible. Submit certificate of compliance for each type of sheet
metal.
C. Prior to installing new sheet metal, the contractor shall fabricate a sample section, 4' long, install and
demonstrate to the Project Engineer and Building Owner for color approval.
1.3 DELIVERY, STORAGE, AND HANDLING
A. The contractor will assume full responsibility for the safe keeping of all materials at the project site.
Handle sheet metal items to avoid damage to surfaces, edges and ends. Store materials in dry, weather -
tight, ventilated areas prior to installation.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Pre -finished metal for use at all parapet copings, perimeter gravel guards, gutters, downspouts, copings,
eave and rake metal, mechanical screens and counterflashings. Color selected by the Owner. Minimum 24
gauge, with Kynar 500 finish.
B. 24 gauge galvanized, pitch pans, gooseneck vents, heater flue bases.
C. Splash pans as designed and specified.
D. The contractor shall install all sheet metal caps and counterflashings in 8' to 10' lengths, with the
exception of inside corners and exterior corners.
E. All new and existing field sheet metal, excluding prefinished, pitch pans, and roof vents, shall be painted
with two coats of oil -based paint. Color selected by the Project Engineer.
F. Perimeter Coping and Gravel Guards shall be in compliance with IBC 2015, 1504.5 for ANSI/SPRI uplift
resistance. Contractor to provide test data on each profile.
PART 3 — EXECUTION
SHEET METAL FLASHING AND TRIM 076200 -1
3.1 INSPECTION
A. Verify roof openings, curbs, pipes, sleeves, ducts or vents through roof are solidly set, cant strips and
reglets in place, substrates are smooth and clean and nailing strips located.
B. Verify membrane termination and base flashings are in place, sealed and secure.
C. Beginning of installation means acceptance of conditions.
3.2 PREPARATION
A. Field measure site conditions prior to fabricating work. Provide all shop drawings and mock-ups one
month prior to installation to the Owner/Project Consultant for approval.
3.3 FABRICATION - GENERAL
A. Shop -fabricate work to greatest extent possible. Comply with details shown, and with applicable
requirements of SMACNA "Architectural Sheet Metal Manual" and other recognized industry practices.
B. Form sheet metal on bending brake.
C. Form materials with straight lines, sharp angles and smooth curves.
D. Fold back edges on concealed side of exposed edge to form hem (1/2" minimum).
E. Weld or solder joints on parts that are to be permanently and rigidly assembled.
F. Fabricate corner pieces with eighteen -inch (18") extensions, metered and sealed by forming as one piece.
G. Surface sand flange prior to applying any primers on Kynar metal.
H. Back paint flashing in contact with masonry or dissimilar materials with bituminous paint.
L All metal to receive bitumen or adhesive shall be first primed with asphalt primer.
Expansion Provisions: Form expansion joints of intermeshing hooked flanges, not less than one inch (I")
deep, filled with mastic sealant (concealed within joints).
K. Sealant Joints: Where movable, non -expansion type joints are indicated or required for proper
performance of work, form metal to provide for proper installation of elastomeric sealant, in compliance
with industry standards.
3.4 INSTALLATION
A. Coping:
1. Remove existing and replace new metal coping as required for a permanent watertight installation.
2. All coping shall be manufactured with low -profile standing seam metal to meet ES-1.
3. It shall be a minimum of 24-gauge prefinished Kynar installed in ten -foot (10') sections.
4. Vertical fascia shall extend a minimum of two and one-half inches (2-1/2") or be a minimum of one
and one-half inches (1-1/2") below the bottom of a nailer, whichever is greater.
5. Fabricate corner pieces with minimum eighteen -inch (18") and maximum forty -eight -inch (48")
extensions, formed and sealed with rivets and sealant, as one piece.
6. Hem exposed edges three -fourths inch (3/4") minimum.
SHEET METAL FLASHING AND TRIM 076200 -2
7. Provide and install continuous clip, minimum 22-gauge.
8. Shall be fabricated per all SMACNA provisions.
B. Counterflashing:
1. Remove existing and replace with new metal counterflashing as required for a permanent watertight
installation. Saw cut brick mortar joint to receive friction fit reglet and removable counterflashing
as detailed in SMACNA Figure 4-3E.
C. Overflow Scupper, Collector Head and Downspout:
1. Fabrication:
a) Fabricate overflow scupper, collector head and downspout of profile and size indicated,
taking care that the roof drain leader fits properly into the back of the collector head. Seal the
pipe to the collector head for watertightness.
b) Field measure site conditions prior to fabricating work.
c) Fabricate with required connection pieces.
d) Fabricate section square, true, and accurate in size, in maximum possible lengths and free of
distortion or defects detrimental to appearance or performance.
e) Hem exposed edges of metal.
f) Form and seal all metal joints; provide for expansion joints per SMACNA.
2. Installation:
a) Install collector head, downspout, and accessories.
b) Join lengths with seams pop riveted and sealed watertight. Flash and seal collector head to
downspouts and accessories.
c) Seal all metal joints watertight for full metal surface contact.
d) Collector Head: SMACNA style profile; submit detail for approval.
e) Downspouts: Rectangular profile. Seal all joints, four inches by six inches (4" x 6").
f) Support Brackets, Joint Fasteners: Profiled to suit gutters and downspouts.
g) Anchorage Devices: SMACNA requirements. Type recommended by fabricator.
h) Collector Head Support: Kynar. Color and Finish to match, as recommended by SMACNA.
i) Downspout Supports: Straps, Kynar. Color and Finish to match.
D. Field Vents:
1. Replace all field vents, such as Gooseneck vents, attic vents, heater flues, flashngs for mechanical
electrical lines extending through roof.
2. New vents shall be 24 guage, match existing in size. All joint to be pop riveted 1" oc and soldered.
END OF SECTION 076200
SHEET METAL FLASHING AND TRIM 076200 -3
SECTION 077200 - ROOF ACCESSORIES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Skylight protection screens.
B. Related Requirements:
1. Section 076200 "Sheet Metal Flashing and Trim" for shop- and field -formed metal
flashing, roof -drainage systems, roof expansion -joint covers, and miscellaneous sheet
metal trim and accessories.
1.2 COORDINATION
A. Coordinate layout and installation of roof accessories with roofing membrane and base flashing
and interfacing and adjoining construction to provide a leakproof, weathertight, secure, and
noncorrosive installation.
B. Coordinate dimensions with rough -in information or Shop Drawings of equipment to be
supported.
1.3 ACTION SUBMITTALS
A. Product Data: For each type of roof accessory.
1. Include construction details, material descriptions, dimensions of individual components
and profiles, and finishes.
B. Shop Drawings: For roof accessories.
1. Include plans, elevations, keyed details, and attachments to other work. Indicate
dimensions, loadings, and special conditions. Distinguish between plant- and field -
assembled work.
C. Samples: For each exposed product and for each color and texture specified, prepared on
Samples of size to adequately show color.
1.4 INFORMATIONAL SUBMITTALS
A. Coordination Drawings: Roof plans, drawn to scale, and coordinating penetrations and roof -
mounted items. Show the following:
ROOF ACCESSORIES 077200 - 1
1. Size and location of roof accessories specified in this Section.
2. Method of attaching roof accessories to roof or building structure.
3. Other roof -mounted items including mechanical and electrical equipment, ductwork,
piping, and conduit.
4. Required clearances.
B. Sample Warranties: For manufacturer's special warranties.
1.5 CLOSEOUT SUBMITTALS
A. Operation and Maintenance Data: For roof accessories to include in operation and maintenance
manuals.
PART 2 - PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. General Performance: Roof accessories to withstand exposure to weather and resist thermally
induced movement without failure, rattling, leaking, or fastener disengagement due to defective
manufacture, fabrication, installation, or other defects in construction.
2.2 SKYLIGHT PROTECTION SCREENS (KEE COVER)
A. Basis of Design: Model SRS - Saf-T-Screen Fall Protection for Domed Skylights as
manufactured by Kee Safety Inc.
1. A metal screen system for commercial skylights to protect against injuries or death from
accidental falls through the lens of the skylight. The screen rests on the roof surface and
is engineered to transfer an impact load directly to the roof and not to the skylight curb.
The screen is attached to the skylight frame with vinyl coated stainless steel straps
wrapped around the vertical wire grid. Self -tapping screws fasten the screen to the
skylight frame.
2. Performance: The SRS skylight screen is designed to withstand a 400 lbs (181.4 kg) load
and comply with Cal -OSHA General Industry Standard 1910.28 (b)(3)(1).
3. Screen Material: 0.312-inch (7.92 mm) diameter 304 stainless steel or galvanized carbon
steel wire in a 4 x 4-inch (102 x 102 mm) grid. The screen rests on the roof surface and is
attached to the skylight frame with vinyl coated stainless steel straps mounted on the
vertical wire grid.
2.3 MISCELLANEOUS MATERIALS
A. Provide materials and types of fasteners, protective coatings, sealants, and other miscellaneous
items required by manufacturer for a complete installation.
ROOF ACCESSORIES 077200 - 2
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, to verify actual locations,
dimensions, and other conditions affecting performance of the Work.
B. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and securely anchored.
C. Verify dimensions of roof openings for roof accessories.
D. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 INSTALLATION
A. Install roof accessories according to manufacturer's written instructions.
1. Install roof accessories level; plumb; true to line and elevation; and without warping, jogs
in alignment, buckling, or tool marks.
2. Anchor roof accessories securely in place so they are capable of resisting indicated loads.
3. Use fasteners, separators, sealants, and other miscellaneous items as required to complete
installation of roof accessories and fit them to substrates.
4. Install roof accessories to resist exposure to weather without failing, rattling, leaking, or
loosening of fasteners and seals.
B. Metal Protection: Protect metals against galvanic action by separating dissimilar metals from
contact with each other or with corrosive substrates by painting contact surfaces with
bituminous coating or by other permanent separation as recommended by manufacturer.
Coat concealed side of uncoated aluminum roof accessories with bituminous coating
where in contact with wood, ferrous metal, or cementitious construction.
C. Skylight Fall Protection Installation:
Install in accordance with manufacturer's instructions including the following:
a. Fit exposed connections accurately together to form tight joints. For all
connections with Kee Klamp fittings, each set screw is to be tightened to 29 ft-lbs
(39.3 N-m) of torque.
b. Perform cutting, drilling, and fitting required for installation of handrails. Set
handrails and accurately in location, alignment, and elevation, measured from
established lines and levels.
C. Set posts plumb within a tolerance of 1/8 inch (3 mm).
D. Seal joints with elastomeric sealant as required by roof accessory manufacturer.
ROOF ACCESSORIES 077200 - 3
3.3 REPAIR AND CLEANING
A. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair
galvanizing according to ASTM A780/A780M.
B. Clean exposed surfaces according to manufacturer's written instructions.
C. Clean off excess sealants.
D. Replace roof accessories that have been damaged or that cannot be successfully repaired by
finish touchup or similar minor repair procedures.
END OF SECTION 077200
ROOF ACCESSORIES 077200 - 4
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POST -CLOSING DOCUMENT REQUIREMENTS
The below -listed document must be received in the Purchasing and Contract Management Office
Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due.
FINAL LIST OF SUB -CONTRACTORS