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Resolution - 2001-R0191 - Contract Bid For Lubbock Fire Stations - Advantage USAA - 05/10/2001
Resolution No. 2001-RO191 May 10, 2001 Item No. 53 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract per Bid #108- 01/RS for Lubbock Fire Stations 3, 9, and 10 roof replacement, by and between the City of Lubbock and Advantage USAA of Spring Branch, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 10th day of May ,2001. WINDY SITTONJ MAY ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Advantage USAA.res April 30, 2001 B{0 NC CHECK BEST RATING 4�- LICENSED IN TEXAS DATE A&L By CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT BID #108-01/RS A City Of Planned Progress-" CITY OF LUBBOCK Lubbock, Texas 04 0 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 hftp://purchasing.ci.lubbock.tx.us a 0 ITB 108-01/RS, Addendum #2 ADDENDUM #2 ITB #108-01/RS Lubbock Fire Stations 3, 9, and 10 Roof Replacement MAILED TO VENDOR: April 19, 2001 CLOSE DATE: April 25, 2001 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In briefly analyzing (3) three compatible roofing systems submitted for pre -approval, I feel confident that the following systems are equal to the system specified. 1.1. The following systems have been submitted for pre -approval and will be allowed to be bid as equal to the specified system. They are: (a) GAF Specification 1-4-1-30FR (4 plies of GAFGLAS PLY 6) (b) US Intec BF250FR-4UT-RI (c) John Mansville 4PID (w/ DynaLastic250 FR cap sheet) Final acceptance of a substituted system will be reserved until further review upon award. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock ■^* P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK e-+ 4Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ., 108-01Rsadd2 r City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB 108-01/RS, Addendum #1 ADDENDUM #1 ITB #108-01 /RS Lubbock Fire Stations 3, 9, and 10 Roof Replacement MAILED TO VENDOR: April 18, 2001 CLOSE DATE: April 25, 2001 @ 2:00 P. M. .�, The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The Manufactures Certificate identified in Section 07540, 1.03 (F) is to be furnished along with the Contractor's Bid Submittal. 2. After further consideration, the insulation in Section 07540, 1.14 Description of Work, Assembly #1 -Fire Station #03 is to remain as specified. 3. Although indicated on the plans, Specification Section 07540, 1.14 Description of Work, Assembly #1 -Fire Station #03 lacks the following notation : Perlite Insulation - 3/4" thick set in type IV asphalt. 4. For clarification purposes, the base sheet identified in Section 07540, 2.02 Sheet Materials should read: a. Base Sheet: Fiberglass mat coated with weathering grade asphalt approved for use within an SBS Modified Bitumen, 20 year NDL roof assembly. 5. The mechanical fasteners identified in section 07540, 2.05 Accessories are to be upgraded to all metal jackets and stainless steel drive pins. 6. The sealant identified in Section 07600, 2.01 Materials (B) (5) should read: "Sealant: Equal to Sonneborn NP - 1, one component urethane, gungrade sealant. 7. Add the following to Section 07600, 2.01 Materials, (B): a. Pitch Pan Pourable Sealer: Equal to Sonneborn SL -1 one part polyurethane sealant. Sealer shall be poured to a minimum 1" depth over non -shrink grout. 8. Section 07900 - Caulking and Sealants is to be disregarded. See Section 07600 for sealant information required for this project. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 108-01 Rsadd1 ITB #099-01/RS, Addendum #1 Questions may be faxed to : (806)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 099-01/Rsaddl CITY OF LUBBOCK INVITATION TO BID TITLE: LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 108-011RS PROJECT NUMBER: 90037.8302 CONTRACT PREPARED BY: PURCHASING DEPARTMENT u-. INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS �^* 10. SPECIFICATIONS No Text NOTICE TO BIDDERS BID #108-01/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 25th day of April. 2001, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project with a budget amount of $83,000.00: "LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 25th day of April, 2001, and the City of Lubbock City Council will consider the bids on the 10th day of May, 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid ,�.. conference on 17th day of April, 2001 at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13`h Street, Lubbock, ,., Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable charge per set. Plans and specifications may be obtained through Joe D. McKay Architects, 1402 Avenue N., Lubbock, Texas 79401; Phone: (806) 744-4490. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK m._ VICTOR KILMAN PURCHASING MANAGER No Text 0 GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 25th day of April, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the ., lower left-hand corner y"ITB,#108-01/RS, LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic �., transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting will be held at 10:00 a.m., April 17th, 2001 in Purchasing Conference Room L04, Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to gid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and w adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other -� exercise of discretion concerning this bid. 9 CONTRACT DOCUMENTS r 0 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions, 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL .INFORMATION OR CLARIFICATION _CONCERNING_THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO RON SHUFFIELD, SENIOR BUYER City of Lubbock 162513 1h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: RShuffield@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents: f"* 14 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 15 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until 3 incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be _ delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES 4 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. 21 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the - Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such t^ 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. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 24 INSURANCE .•.. 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the r*� operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 5 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If M 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. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy ,. the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. The City of Lubbock reserves the right to accept the Base Bid and Bid Options in any order or the bid is submitted, by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: - 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: - (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy ,. the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. The City of Lubbock reserves the right to accept the Base Bid and Bid Options in any order or combination that serves its best interest. The low bid shall be determined on the price combination of the Total Base Bid and any accepted Bid Options, 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. No Text BID SUBMITTAL LUMP SUM BID CONTRACT DATE: `' `Z /Ic PROJECT NUMBER: #108-011RS - LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT Bid of _-2n ^ A (hereinafter called Bidder) 1 To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: ' The Bidder, in compliance with your Invitation to Bid for the construction of a LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. t� MATERIALS: -T�-� /L Y 7 -C x� /t d % ($_ (Z � , CC(r ) SERVICES:t` 6C - CCr ` ) OPTION #2: REROOF FIRE STATION #10 MATERIALS: 'T �, �L -G�_C� SCC: SERVICES: l I j�;`�'Tri� `,. 1� ll ($ TOTAL BID OPTION #2: (ADD) -T/414? z Y .O& C— (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive " calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $0 (ZERO) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. k] TOTAL BID:—( Y I C� 441 1 U S© A)Q oc rcc� ) OPTION #1: REROOF FIRE STATION #9 MATERIALS: SERVICES:L L �`� S,/) A, J ($ TOTAL BID OPTION #1`. (ADD) 1 P I+Z 7 Y' ;E c (Z+4 r C N CC • L C ) OPTION #2: REROOF FIRE STATION #10 MATERIALS: 'T �, �L -G�_C� SCC: SERVICES: l I j�;`�'Tri� `,. 1� ll ($ TOTAL BID OPTION #2: (ADD) -T/414? z Y .O& C— (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive " calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $0 (ZERO) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. k] Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with B I instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. as The undersigned Bidder hereby declares that he hered by this bid, and he further agrees to e work covvisited the to substantially complete the w on work site of the work and has carefully examined the plans, specifications and contract documents pertaining to t commence work on or before the date specified in the written notice to proceed, and which he has bid; as provided in the contract documen s or Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check able Lubbock, or a bid bond y company, certified check issued by a bank satisfactory to the f amount not less than five percents (5%) of thte total amount of the without recourse to the order of the City of Lubbock in an red ance ' ll submitted as a guarantee that bidder will enter intoaa contract, obtain fter notice of awardofthe►contractrto him of►cies, and execute a bid necessary bonds (if required) within fifteen (15) days Enclosed moth this bid is a Cashier's Check or Certified Check for Dollars Dollars ($ . 00 ) or a Bid Bond in the sum of t e Owner as liquidated damages in the ($�ebid ,which it is agreed shall be collected and retained by contract documents, with the Owner within fifteen (15) days after the date of eves accepted by the Owner bond (if any)rsigned fails to execute the bond shall be returned to the insurance certificates, and the required ( said bid; otherwise, said check or receipt of written on notification of acceptance undersigned up ll be Bidder understands and agrees that the contract to be executed ►he Bidder ddert Biddersound and include all contract documents made available to him for his inspection in accordant Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. MUSTEFORE, ANY BE MADE ON OTHE BIID (SUBMITTAL FORM ONS TO THE BID PRICE PRIOR TO BID OPENING. ;Sa?I if Bidder is ATTEST: Bidder acknowledges receipt of the following addenda: Addenda No.[)ate Addenda No. — Date Addenda No. _ Date_______ Addenda No. — Date_,_______ M/WBE Firm: (Printed or i ypeo ►va►nu) Is A Company 7 c Ad �ress City, County.., Zip Code State Sic. Sc Telephone: I Fax: 2 LIST OF SUBCONTRACTORS Minority Owned Yes No r� 1.{ r? c1R ' C 6� T l: )� 7 % a C.- �- S �� ❑ 2. ❑ ❑ 3 ❑ ❑ 4. ❑ ❑ 6. ❑ D ARMS 7. ❑ ❑ 8. 9. 0 ❑ 3 M CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If .l am awarded this contract by the City of •'^ Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, ft rnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. 0 - CONTRACTOR'S FIRM ADDRESS: (Print or Type ) 2 i �'JC�- G R'a-u C Name of Agent/Broker: G 6 Address of Agent/Broker: 4 cC �� �r `'� City/State/Zip: Agent/Broker Telephone Number: Date: 7 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. , BID #108-01/RS - LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT 4 0 Apr -19-01 12:44pm From -CITY OF LUBBOCK-PURCHASING City of'Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL. BUILDING 1625 13T^ STREET LUBBOCK, TEXAS 79401 PH: (808)775-2187 FAX:(806)775.2164 http://Pufchasing.ciJubboak.tx.us $067752164 T-351 P.01/01 F-010 ITS 108-01/RS. Addendum #2 ADDENDUM #2 ITB #108-01/RS Lubbock Fire Stations 3, 91, and 10 Roof Replacement MAILED TO VENDOR: April 19, 2001 CLOSE DATE: April 25, 2001 c@ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any F_ Rem called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In briefly analyzing (3) three compatible roofing systems submitted for pre -approval, I feel confident that the following systemsare equal to the system specified. 1.1. The following systems Have been submitted for pre -approval and will be allowed to be bid as ... equal to the specified system. They are: (a) GAF Specification 1-4-1-30FR (4 plies of GAFGLAS PLY 6) (b) US Intec BF250FR-4UT-RI °^ (c) John Mansville 4PID (w/ DynaLastic 250 FR cap sheet) Final acceptance of a substituted system will be reserved until further review upon award. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer --� City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 .. Questions may be faxed to: (806)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffteld Senior Buyer . PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 108-01Rsadd2 City of Lubbock PURCHASING DEPARTMENT ^* ROOM L04, MUNICIPAL SLI DING 1825 137% STREET LU6aOCK. TEXAS 79401 PN: (808)775-216-7 FAX(806)775.2164 ! //purcnasIn9.d.lubbock.1X.u4 V.. 106775216! P.05 T-290 A.O1/02 F-467 ITS 108-011RS. Addandum 01 ADDENDUM #1 ITB #108-01 /RS Lubbock Fire Stations 3, 9, and 10 Roof Replacement MAILED TO VENDOR: April 18, 2001 CLOSE DATE: April 25, 2001 C 2:00 P. M. The following items take preencs over speciflcatlons for the above named Invitation to Bid (ITB). Where any item called for in the ITS docL ments is supplemented here, the original requirements, not affected by this addendum, shaft remain in efl act." 1. The Manufactures Cert'ifi to idenfified in Section 07540, 1.03 (F) Is to be furnished along with the Contractor's Bid Submittal. 2. After further consideratior. the insulation in Sed3on 07540. 1.14 Description of Work, Assembly #1 -Fire Station 003 is to remain a & specified. 3. Although indicated an the plans, Specification Section 07540, 1.14 description of Work, Assembly #1 -Fire Station 003 lacks the following notation : Perlite Insulation - 314' thick set in type IV asphalt. 4. For clarification purposes the base sheet identified in Section 07540, 2.02 Sheet Materials should read: a. Base Sheet : Fiberglass mat coated with weathering grade asphalt approved for use within an SBS Modified Bitumen, 20 ear NDL roof assembly. 5. The mechanical fasteners identified in section 07540. 2.05 Accessories are to be upgraded to all metal jackets and stainless stee drive pins. S. The sealant identified in S cdon 07600, 2.01 Materials (8) (5) should read: "Sealant: Equal to Sonnebom NP - 1, one component urethar e, gungrade sealant. 7. Add the following to Sectic n 07600. 2.01 Materials, (B): a. Pitch Pan Pourable Sialar. Equal to Sonnebom SL -1 one pert polyurethane sealant. Sealer shall be poured to a minimum " depth over non -shrink grout. 8. Section 07900 - Caulking nd Sealants is to be disregarded. See Section 07600 for sealant information required for this project. All requests for additional infor rnation or clarification must be submitted in writing and directed to: Ron Shuf 6ld, Senior Buyer City of Lubbock P,O. Box 2000 Lubbock, Texas 79457 106-0111aadd1 No Text Historically Underutilized Business Certification and Compliance Program The General Services Commission (GSC) hereby certifies that AMERICAN CONTRACTING USA INC has successfully met the established requirements of the State of Texas' Historically Underutilized Business (HUB) Certification and Compliance Program to be recognized as a HUB. This certificate, printed 09130!00, supersedes any registration and certificate previously Issued ,�.., by the GSC's HUB Certification and Compliance Program. If there are any changes regarding the information (i.e., business structure, ownership, day -today management, operational control, addresses, phone and tax numbers or authorized sign atures).provided In the submission of the buainaea' application for HUB certification with the GSC, you must immediately (within 30 days of such changes) notify theGSC's HUB Certification and Compliance Program in writing. The commission reserves the right to conduct compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of Ineligibility. Certificate/YID Number: 1742837028600 ?&J A OT-laa-y-n FIIeNendor Number. 72232 _ Paul A. Gibson, Asst. Prog. Dir. Date of Approval. 09/27/00 General Services Commission Expiratlon Date: 09/27/02 (512) 305.9071 Note: In order for State agencies and Institutions of higher eduostion (universities) to be credited for utilizing this business as a HUB, they must award payment under the CertificateNID Number identified above. Agencies and universities are encouraged to validate HUB certification prior to •- issuingq a notice of award by accessing the Internet (http://www.gsc.Stat*.tx.us/) or by contacting the GSC's HUB Certification and Compliance Program at (888) 863-5881 or (512) 463.5872. T 0a ONS.1.::)WW.Liso0 "Wo IW3WW- v^1v9Z : 90 00 's0 C: r Tremco Incorporated n.0. Box 64021 Lubbock, Texas 79464-4021 -- --- :�?ffice: 800.282-4343 Fex: 806-798-0091 VoicemaiC 800-382-95fi9 _ Digital Pa�cr. 806 761 98&E .Apn-1 19.2001 Mr. Owar Galvan hstimmor American Comrsding USA, Inc. P.O. Box 523 combs. 'Texas 78535 RE: Roof Replacemclnt Firc Station # 3, 9 & 10 - City of Lubbock 111i3 letter serves to atlinn that American Contracting US& Inc. is a Trcmco Ccrtifiod Rooting Contra•.aor in good slanding and thereby a eertificd applicator ofTmncv Routing Systems since June 1992. 1'remco has reviewed the drawings, specifications, and job conditions in regards Roof Replacement for Fire Station '.3. 9 & 10 13-rojcil. All project docunxmis meet our approval to qualify for a Tremao Twenty (20) Year NAI: QA Plus Roorme System Warranty. -licnno will provide technical assistance and inspection scrvicc as required for satisfactory completion oftha roofing P , Project. We will proviJc a tninirnum of three (3) job site impecticros per week utiliiirng our local field mprescntativc (Mr. Brad Draper) in addition to the usual fivId inspections from our Technical Services Department Inspector. 1'remco does ccrtit- that all Trcmco materials meet or exceed specified standards, and do not contain asbcstes. '11ank you for allowing me the opportunity to be of service to ,you. I'm looking forward to ,-vorkirtg %4ith you on this Pruiect. Sinccroly, Brad Draper, CSI »-, Field Advisor cc: rile M Pm— Cmipany GAF MATERIALS CORPORATION 2600 Singleton Blvd Po Box 655607 Dallas TX 75265-5607 • Tei: 214 637-1060 August 2, 2000 Mr. Oscar Galvan American Contracting USA 21021 Interstate 77 Harlingen, Texas 78552 830-885-2961 fax Dear Mr. Galvan: Per your request, please be advised that American Contracting USA is approved by GAF Materials Corporation as a GAFMC Master Roofing Contractor and is therefore eligible to install GAFGLAS and RUBEROID Roof Systems liberty guarantees for terms up to Twenty Years. Projects requiring a GAFMC Liberty Guarantee must be installed in accordance with the requirements of our guarantee program and require submittal to our Guarantee Services offices for review and approval approximately two weeks prior to jab start We appreciate your interest and selection of premium GAFMC Commerical Roofing products and systems and look forward to being of service. Please let us know if we can answer any questions or be of additional assistance - Sincerely, Phillip M: Davi , CSI, CDT .�. Regional Manager Contractor Services Southern Region cc: file � J r ! 1 .- �FfAT£AIALi CiNrONAT10N 1361 Alps Road Wayne NJ 07470-3689 1-800-ROOF411 February 28, 2000 ATTN: Mr. Oscar Galvan Advantage USAA Inc. r- PMB 224 18160 Hwy 281 N. San Antonio, TX 78232 Dear Mr. Galvan, 1999 MASTER ROOFING CONTRACTOR APPOINTMENT CONGRATULATIONS AND WELMME THE TEAM! man MAS I LR _ROO.FING CONTRACTOR GAFMC is proud to recognize your firm as a MASTER ROOFING CONTRACTOR. Your demonstrated ability in the application of quality commercial roofing membranes along with your commitment to maintaining the standards set forth in our qualification procedures mark you as a leader and ►- professional in our industry. We look forward to working with you to supply our mutual customers the finest in commercial roofing systems. You have qualified to apply all types of GAFMC Commercial Roofing Materials and to purchase and provide our Liberty NDL Guarantees on projects you complete in accordance with all Application and Procedureal Requirements set forth in our literature and our MASTER ROOFING CONTRACTOR PROGRAM GUIDE. Our Territory Manager, assisted by Regional Management Personnel, will be working with you to -- develop a solid business plan to insure our mutual success in your area. Our Contractor Services Organization, Sales/Marketing Management, and Manufacturing Personnel are committed to providing you with the best in products, specifications and service. Our 1 -800 -ROOF -411 telephone line is •- available to help at any time. This MASTER ROOFING CONTRACTOR appointment is valid for a period of one year and will be renewed in accordance with your MASTER ROOFING CONTRACTOR AGREEMENT. Sin erely Mar Lundgren G! — Director of Contractor Services CC: L. Kappel 0- COMMERCIAL INDEMNITY Insurance Company BID BOND BOND NUMBER BD45556 KNOW ALL MEN BY THESE PRESENTS: THAT Advantage USAA, Inc., 13350 Rebeca Creek Road, Spring Branch, Texas 78070 as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and firmly bound unto City of Lubbock, Purchasing Manager, Municipal Building, 1625 13th Street, Rm L- 04, Lubbock, Texas 79401 as Obligee, in the full and just sum of Five (5%) percent of the amount bid lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal is hereby submitting its proposal for Lubbock Fire Stations 3, 9, and 10 Roof Replacement, Bid No. 108-01/11S. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 16th day r1nc. 2001. Advantage USA INDEMNITY INSURANCE COMPANY By Jon W. Schuler, -'ATTORNEY-IN-FACT X" Commercial Indemnity Insurance Company 1507 South IH -35 Austin, Texas 78741 COMMERCIAL INDEMNITY INSURANCE CO. BD45556 POWER OF ATTORNEY On KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7" day of April, 1999, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney - In -Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid �^ and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: John W. Schuler State of Texas its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The Obligation of the Company under this power of attorney shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. Re, State of Texas County of Travis UJohn W. Schuler. President On this 7`' day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Commission Expires 8-26-2000 CERTIFICATE p,.+. SANDRA L DENTON NOTARY PUBLIC tAA C.Vf t` t um n = State O. Texas },_ Comm. E .08DJ262000 Sandra L. Denton, Notary Public I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power ..� of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 16th day of April 12001 Joel i. Massey, secretary rK BOND CHECK, BEST RATING •. LICENSEDA TEXAS DATE 6Y PAYMENT BOND W COMMERCIAL INDEMNITY Insurance Company TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF TRAVIS BOND NUMBER BD45878 KNOW ALL MEN BY THESE PRESENTS: THAT Advantage USAA, Inc., 13350 Rebeca Creek Road, Spring Branch, Texas 78070, (hereinafter called the Principal), as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock, Purchasing Manager, Municipal Building, 1625 13th Street, Rm L-04, Lubbock, Texas 79401 (hereinafter called the Obligee) as Obligee, in the penal sum of Seventy Six Thousand and 00/100's Dollars, ($76,000.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 05/10/01, a copy of which is hereto attached and made a part hereof, for Lubbock Fire Stations 3 and 9 Roof Replacement, Bid No. 108-01/RS. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specification and contract documents, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal anc�jSurety have signed and sealed this instrument this 30th day of May, 2001. `r By INDEMNITY INSURANCE COMPANY R By SEAL Joh. chuler, ATTORNEY-IN-FACT P -W 0 COMMERCIAL INDEMNITY Insurance Company TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF TRAVIS BOND NUMBER BD45878 KNOW ALL MEN BY THESE PRESENTS: THAT Advantage USAA, Inc., 13350 Rebeca Creek Road, Spring Branch, Texas 78070 (hereinafter called the Principal), as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock, Purchasing Manager, Municipal Building, 1625 13th Street, Rm L-04, Lubbock, Texas 79401 (hereinafter called the Obligee) as Obligee, in the penal sum of Seventy Six Thousand and 00/100's Dollars, ($76,000.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 05/10/01, a copy of which is hereto attached and made a part hereof, for Lubbock Fire Stations 3 and 9 Roof Replacement, Bid No. 108-01/RS. 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 Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30th day of May, 2001. PRINCIPAL By (SEAL) CO RCI INDEMNITY INSURANCE COMPANY By V„'� �� 9(SEAL) John W. �chu4er, ATTORNEY-IN-FACT om COMMERCIAL INDEMNITY Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact John W. Schuler, President of Operations, whose direct dial number is 512-447-7773. You may also fax us information at 512-440-0989. You may also call Commercial Indemnity Insurance Company's toll-free �-► telephone number for information or to make a complaint at: 1-800-365-6065 You may also write to Commercial Indemnity Insurance Company: 1507 South I1-1-35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714-9104, Fax 512-475-1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. r» Advantage USAA, Inc. 13350 Rebecca Creek Road r Spring Branch, Tx. 78070 05/23/01 ILY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ILDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANY A COMPANY B COMPANY C COMPANY D American Equity Insurance Company Strickland Insurance Group Texas Workers Compensation Fund FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ---- --- POLICY EFFECTIVE i POLICY EXPIRATION! R TYPE OF INSURANCEPOLICY NUMBER DATE Iuum lYY) DATE (mumDrM i LIMITS GENERALUABIUTY GENERAL AGGREGATE $1,O0b,vvv.vv X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $1,000,000.00 i —CLAIMS MADE X; OCCUR ( PERSONAL a ADV INJURY - $i,U00,000 00 1 X OWNER'S a CONT PROT ACCO88090 09/01/00 ! 09/01/01 EACH OCCURRENCE $1,000,000.00 ; ! ! ! FIRE DAMAGE (Any one fire) S50,000.00I -- -- - - ------------------------------------------------------------_--- -'--------- •-------------- ------ T -------. ------ - i MED. EXP. ( one Any person ,0 _ 1. ) --------- ---------- ......... - -- -.......- - AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT �1,00�,OOO.bO X ALL OWNED AUTOS BODILY INJURY - B SCHEDULED AUTOS CAH013000019 05/11/01 05/11/02 -------- - — — !_ (PER PERSON) -r-- - - -- --- - --) X HIRED AUTOS ; BODILY INJURYi- X NON -OWNED AUTOS i - (Per accident) :: j 'PROPERTY DAMAGE �..----------.-_.-------------- •ry GARAGE LIABILITY 1 AUTO ONLY - EA. ACCIDENT r---------------------------------- ANY AUTO I OTHER THAN AUTO ONLY I 'EACH ACCIDENT AGGREGATE ' EXCESS uwBlLrrY EACH OCCURRENCE ------=------- - - ---•-----�2,0$2��.OU V ------ --, ELLA FORM X UMBER ACC088090 09/01/00 09/01/01 AGGR7E UMBRELLA FORM + --------- L--- —_ — —-------- �i .--- .,. -- WOMIC"M Compff""TIOM ANP I ! STAY s ::• ,.;;c_. ,„ EMPLorfR! uveal m j E EACH ACCIDENT THE PROPRIErORI SBP0000122710 RI 05/01/01 05/01/02 ? DISEASE - POLICY LIMIT $500,00"6 PARTNERVEXECUTNE X INCL ! DISEASE EACH EMPLOYEE $SOO,000.0�� i .- ---_ OFFICERS ARE-----._ ; EXCL -------- - ----- Y. _ _ _ _ _ _ OTH ; For completed value of work ($76,000.00). This Policy shall Builders Risk ACC089114 05/23/01 i 11/23/01 be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the Prermses. -- ---- --- —------------ ._...- - ---------------..... - --- -- - - ---------- I -- -- - -- - — -- -- -- - -- —-- ------ ----- -- -- - - ------------------ DEsCRIPTIoN OF OPERATIONSILOCATIONSIVENICLEGISPECIAL ITEMS REROOFING @ LUBBOCK FIRE STATIONS 3 & 9 advantage USAA, Inc. waives all rights, Indemnifies and holds harmless the City Of Lubbock (owner), Its Employees, The Architect & the Architect's Engineers I Consultants from any liability and shall designate the City Of Lubbock and Advantage USAA, Inc. jointly somas the named insured. CERTIFICATE N41q�£R . ..'i _ {C/1#►�rT1tF _.. 'i . _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION P-, City Of Lubbock I DATE THEREOF, THE ISSUING COMPANY WILL XXXXXXXXXXX MAIL 30 DAYS WRITTEN P.O. BOX 2000 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Lubbock, Texas 79457 XXXX DOODDDDDC �+ AUTH06IZED R SE 0 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 3 No Text Q CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 10th day of May, 2001 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Advantage USAA of the City of Spring Branch, County of Comal and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #108-01/RS - LUBBOCK FIRE STATIONS 3, 9, AND 10 ROOF REPLACEMENT - $76,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Secr6tary APP VED S TO CONTENT: w r' presentative A PROVED AS TO FORM: L Ci Attorney / j rs CeZeliilt>i��leL'� By: PRINT�D NAME:_ QS�,O� R, (o 6 t, -N/A 4) TITLE: ) ois-y -r ATTEST: _ COMPLETE ADDRESS: *-. Corporat Se etary '�- Advantage USAA =, 13350 Rebecca Creek Road Spring Branch, Texas 78070 .•. - �= ,, ,,.� -..rte' _ �J u.. r- rs-- GENERAL CONDITIONS OF THE AGREEMENT 61 GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR w, Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit ADVANTAGE USAA who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative GARY SMITH FACILITIES 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, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or +�» words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE r"* Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES ., Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless .� 1 otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to.observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract, Documents., 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the — execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 2 0 calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said -material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It 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. o-- 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the ** work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the worksite, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. -- 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or - require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner, or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. Pft 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, ' in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make •-R 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. 4. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the �-+ compensation to be paid to the Contractor for performing said extra work shall be determined by the following p methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. e-* In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." r 5 No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment _ and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, pxw I 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. The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500.000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500.000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is tote named as an additional insured on this policy for this specific job 7 and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 510 r, (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. 'r- 9. The Contractor shall contractually require each person with whom it contracts to provide services t ; on the project, to: ,. (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; _. and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; r (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance 9 Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance,requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or — cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity`. (i) a certificate of coverage, prior to that person beginning work on the project, so the _. governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10 (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: r REQUIRED WORKERS' COMPENSATION COVERAGE 0 "The law requires that each person working on this site or providing services related to this construction pr.,oject 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 512/440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and 11 (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i) -(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or - waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall,be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 12 i 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 all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, "and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of "^ beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $0Z� ERO) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall ,,. be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution ompleted as a whole and in part, in accordance with this shall be such that the work shall be substantially c contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that 13 when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner.or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, 14 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. ems+ 40. PRICE FOR WORK ,�.., In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's ,... Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. .,, Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT 15 The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence_of fraud_. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the 16 MIA written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall provided inparagraph 44 hereinabove set forth, shall be issued. A complete notified and certification of completion as have been finally completed, the Contractor and his Surety shall be so p plete 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 anymachinery, 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 17 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 forth. in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with -Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein.as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance, of the work ^ covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free e from. accumulation of debris caused by the work, and at _ . the completion of the work Contractor shall remove all such debris,and also its tools, scaffolding, and surplus 18 0 r 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. P• 19 No Text PAR 0M RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified 1 Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 e -e EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 PIN 2 Mft EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 No Text REROOFING OF FIRE STATIONS 03,09, & 10 CITY OF LUBBOCK LUBBOCK, TEXAS DIVISION 1 - GENERAL CONDITIONS Special Conditions 01010 01090 Reference Standards 01340 Shop Drawings, Product Data and Samples 01500 Construction Facilities and Temporary Controls 01600 Materials 01700 Contract Close-out DIVISION 6 - WOODS & PLASTICS Rough Carpentry 06100 DIVISION 7 07540 - THERMAL/MOIST7RF PROTF TION Modified Bitumen Roofing 07600 Sheet Metal Flashing 07900 Caulking and Sealants .OZ 1-2 1-3 1-2 1-2 1-3 1-3 1-3 1-7 1-3 1-2 AMIa e•e SECTION 01010 - SPECIAL CONDITIONS PART 1 - GENERAL 1.01 WORK COVERED BY"CONTRACT DOCUMENTS A. The work of this Contract consists of the furnishing of all labor, materials, services, equipment, and appliances required in conjunction with the reroofing of Fire Stations #03, 09, &10 for the City of Lubbock, Texas as indicated on the Drawings and Specifications herein. B. The Drawings and Specifications do not necessarily indicate or describe all work required for completion of Project. Contractor shall provide and install all incidentals reasonably inferable from the Contract Documents that are required for a complete project. C. These documents describe the essential elements sufficiently to determine the scope of the Project. D. Provide all items required for complete operating systems including items not necessarily shown in these documents, but that can be +�•• reasonably inferred as being required for the complete operating system. E. The Drawings and Specifications indicate the basic quality of materials and quality of construction required for the entire own project. F. Field measurements are required for all bidding purposes. G. Site Inspection. Contact: George Lisenbe, Building & Energy Administrator ' City of Lubbock Lubbock, Texas. Phone (806) 775-2200 Appointments must be scheduled in advance of the site inspection. 1.02 RELATED DOCUMENTS The requirements of this Section are in extension and are in addition to the requirements of the General Conditions of the Contract, Forms, Specification Sections found in Division 1 through Division 16 and all Drawings. 1.03 CONTRACT A. The Contract will be executed as a lump -sum agreement on the forms provided by the Owner. B. Employ subcontractors for the disconnect, re -connect and installation of all mechanical, electrical and gas line work in conjunction with all work required, or implied, to be performed by licenses mechanics of these disciplines: 1.04 CONTRACTOR'S USE OF PREMISES u A. Contractor shall be responsible for monitoring the use of premises by Contractor's employees and Subcontractors. B. Access routes for delivery of materials and equipment shall be as indicated by Owner. Do not use access routes other than those indicated without permission of the Owner. C. Assume full responsibility for the protection and safekeeping of Products under this Contract, stored on the site. Store materials and products only in those areas indicated for staging. D. Protect existing lawns, sidewalks, pavements, curbs and utilities subject to damage by work under this Contract. Repair or replace any FIR existing work damaged by the Contractor. E. Parking areas for Contractor's personnel shall be on the project site to the extent it does not interfere with ongoing contract work and in areas designated by the Owner. Fire SI oft tations 01010-1 1.05 WORK ON PROPERTY A. Obtain and pay all fees required applicable governing authorities, prior to commencing work on the Project. B. Post all notices and warning signs required by applicable governing authorities. C. Perform work on this Project in accordance with local codes and ordinance and utility company requirements. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION Fire Stations 01010-2 5@ r^� N 1.01 REQUIREMENTS INCLUDED A. Applicability of Reference Standards B. Provision of Reference Standards at Site C. Acronyms used in Contract Documents for Reference Standards. 1.02 RELATED REQUIREMENTS Uniform General Conditions, Supplementary General Conditions, Forms, Specification Sections found in Division 1 through Division 16 and all Drawings apply to Work specified in this Section. 1.03 QUALITY ASSURANCE A. For products or workmanship specified by association, trade or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified and are required by applicable codes. B. The date of the standards is that in effect as of the Bid date, except when a specific data is specified. C. When referenced by individual Specification Section, obtain a copy of standard. Maintain copy at job site, and make accessible to the Architect at all times during submittals, planning and progress of the specific work, until Substantial Completion. 1.04 SCHEDULE OF REFERENCES AABC Associated Air Balance council 2146 W. Sunset Blvd., Los Angeles, CA 90026 ACI American Concrete Institute Box 19150, Redford Station, Detroit, MI 48129 AFBMA Antifriction Bearing Manufacturers Association AGC Associated General Contractors of America AIB American Institute of Baking RISC American Iron and Steel Institute 1000 16th St., N.W., Washington, DC 20036 AISC American Institute of Steel Construction, Inc. 400 N. Michigan, 8th Floor, Chicago, IL 60611 AMCA Air Moving & Conditioning Association 30 W. University, Arlington Hts., IL 60004 ANSI American National Standards Institute 1430 Broadway, New York, NY 10018 APA American Plywood Association 7011 S. 19th St., Tacoma, WA 98466 ARI Air Conditioning and Refrigeration Institute 1501 Wilson, 6th Floor, Arlington, VA 22209 ASA Acoustical Society of America PI* Fire Stations 01090-1 ASC Adhesive and Sealant Council ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing & Materials AWPA American Wood Preservers' Association 7745 Old Georgetown, Bethesda, MD 20014 AWPB American Wood Preservers Bureau AWS American Welding Society, Inc. AWWA American Water Words Association, Inc. BHMA Builder's Hardware Manufacturer's Association CISCA Ceilings and Interior Systems Contraction Association CSI Construction Specifications Institute, Inc. CTI Cooling Tower Institute DHI Door and Hardware Institute EIA Electronics Industries Association FCC Federal Communications Commission FM Factory Mutual Corporation FS Federal Specifications and Federal Standards IEEE Institute of Electrical and Electronics Engineers, Inc. ISA Institute Society of America MICA Midwest Insulation Contractors Association NBS National Bureau of Standards (U.S. Department of Commerce) NEBB National Environmental Balancing Bureau NEC National Electric Code, NFPA 70-84 NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NIOSH National Institute of Occupational Safety and Health NRCA National Roofing Contractor's Association NSF National Sanitation Foundation NSPE National Society of Professional Engineers Fire Stations 01090-2 e�* f"+ OSHA Occupational Safety and Health Act PDCA Painting and Decorating Contractors of America PS Product Standards of NBS SAE Society of Automotive Engineers SBCCI Southern Building Code Congress SDI Steel Deck Institute SDI Steel Door Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSPC Steel Structures Painting Council UL Underwriter's Laboratories, Inc. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used Polk poll Fire Stations END OF SECTION. 01090-3 SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.01 GENERAL: A. Refer to General Conditions, Article 4.12. B. Submit to the Construction Manager shop drawings, product data and samples required by speficiation sections. C. Prepare and submit a list of required submittals of Shop Drawings, Product Data and Samples. List submittal items in numerical order of specification section numbers. Identify each submittal in list with an item number, specification section number, name of product and type of submittal (Shop Drawings, Product Data, Samples). Include dates for submission and need dates for each item. 1.02 SHOP DRAWINGS: A. Original drawings, prepared by Contractor, subcontractor, supplier or distributor, which illustrate some portion of the work, showing fabrication, layout, setting or erection details, prepared by a qualified detailer. B. Reproductions for Submittals:. Reproductible transparency with one opaque print. 1.03 PRODUCT DATA: A. Manufacturer's standard schematic drawings: 1. Modify drawings to delete information which is not applicable to Project. 2. Supplement standard information to provide additional information applicable to Project. B. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other standard descriptive data: 1. Clearly mark each copy to identify pertinent materials, products or models. 2. Show dimensions and clearances required. 3. Show performance characteristics and capacities. 4. Show wiring diagrams and controls. 1.04 SAMPLES: A. Physical examples to illustrate materials, equipment and workmanship, and to establish standards by which completed work is judged. B. Field samples and mock-ups: 1. Erect at Project site at location acceptable to Architect. 2. Construct each sample or mock-up complete including work of all trades required in finished work. 1.05 CONTRACTOR'S RESPONSIBILITIES: A. Review shop drawings, product data and samples prior to submission to Architect. Initial, sign, or stamp, certifying to review of submittal. B. Verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. C. Coordinate each submittal with requirements of work and contract documents. D. Contractor's responsibility for errors and omissions in submittals is not relieved by Architect's review of submittals. E. Contractor's responsibility for deviations in submittals from requirements of Contract Documents is not relieved by Architect's P" Fire Stations 01340-1 review of submittals, unless Architect gives written acceptance of specific deviations. F. Notify Architect, in writing at time of submission, of deviations in submittals from requirements of Contract Documents. G. Begin no work which requires submittals until return of submittals with Architect's stamp and initials or signature indicating review. H. After Architect's review, distribute copies. 1.06 SUBMISSION REQUIREMENTS: A. Schedule submissions at least 30 days before date reviewed submittals will be needed, in accordance with approved submittal schedule. B. Submit 1 reproducible transparency and one opaque print of shop drawings for structural steel components. C. Submit number of copies of product data which Contractor requires for distribution, plus 3 copies which will be retained by Architect. D. Submit number of samples specified in each of specification sections. E. Accompany each submittal with transmittal letter, in duplicate, containing: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. The number of each Shop Drawing, Product Data and Sample submitted. 5. Notification of deviations from Contract Documents. 6. Other pertinent data. F. Submittals shall include: 1. Date and revision dates. 2. Project title. 3. Names of Architect, Contractor, subcontractor, supplier and manufacturer. 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly identified as such. 7. Applicable reference standards. 8. Other pertinent data required by Specifications. 9. Identification of deviations from Contract Documents. 10. Construction Manager and Contractor's stamp, initialed or signed, certifying to review of submittal, verification of field measurements and compliance with Contract documents. 11. Space large enough to accept Architect's approval stamp (3" x 1-1/2"). 1.07 RESUBMISSION REQUIREMENTS: A. Shop Drawings: 1. Revise initial drawings as required and resubmit as specified for initial submittal. 2. Indicate on drawings any changes which have been made, other than those requested by Architect. B. Product Data and Samples: Submit new data and samples as required for initial submittal. 1.08 DISTRIBUTION OF SUBMITTALS AFTER REVIEW: A. Distribute copies of shop drawings and product data which carry Architect's stamp as required for construction, including Contractor's file, job site file, record documents file, other prime contractors, subcontractors, supplier and fabricator. END OF SECTION Fire Stations 01340-2 row 1.01 REQUIREMENTS INCLUDE A. Electricity, Lighting B. Heat, Ventilation C. Telephone Service D. Water E. Sanitary Facilities F. Barriers *•- G. Enclosures H. Protection I. Water Control J. Cleaning During Construction K. Field Sheds L. Field Office 1.02 RELATED REQUIREMENTS Uniform General Conditions, Supplementary General Conditions, Forms, Specification Sections found in Division 1 through Division 16 and all Drawings apply to Work specified in this Section. 1.03 ELECTRICITY, LIGHTING A. Connect to existing service, provide branch wiring and distribution boxes located to allow service and lighting by means of construction -type power cords in accordance with NEC Art. 305. B. Provide min. 30 foot candles of lighting for night time construction operations. C. Existing and permanent lighting may be used during construction. Maintain lighting and routine repairs. 1.04 HEAT, VENTILATION •+ A. Coordinate use of existing facilities with Owner, extend and supplement with temporary units as required to maintain specified conditions for construction operations, to protect materials and finishes from damage due to temperature or humidity. B. Prior to operation of permanent facilities for temporary purposes, verify that installation is approved for operations, and that filters are in place. Provide and pay for operation, maintenance, and final cleaning and adjusting. C. Provide ventilation of enclosed areas to cure materials, to disperse humidity, and to prevent accumulations of dust, fumes, vapors and gases. 1.05 TELEPHONE SERVICES The Contractor will not be allowed usage of Owner's telephones. He may at his option provide a telephone at the project site or provide his Superintendent with a mobile telephone. All n'umber(s) including a 24- hour number shall be provided to the Architect. 1.06 WATER Connect to existing facilities; extend branch piping with outlets located so water is available for use of hoses. Place a control devise on each hose in order that water will not run freely when left on. Patch all holes in lines, fittings, etc. and maintain in serviceable condition throughout the project. +'""" Fire Stations 01500-1 1.07 SANITARY FACILITIES Portable toilets will be provided by the Contractor for his use. He will keep them locked at all times and maintain them in a sanitary condition at a location designated by the Architect. 1.08 BARRIERS A. Provide as required to prevent public entry to construction areas, to provide for Owner's use of site., and to protect existing facilities and adjacent properties from damage from construction operations. B. Provide barriers around trees and plants in affected areas. Protect _ against vehicular traffic, stored materials, dumping, chemically injurious materials, and puddling or continuous running water. C. Provide six feet (6') high chain link fencing around all ground operations. Gates into the containment area will be provided with padlocks with a key provided to the Architect and other designated Owner's Representative(s). 1.09 PROTECTION OF INSTALLED WORK A. Provide temporary protection for installed products. Control traffic - in immediate area to minimize damage. B. Provide protective covering to walls, projections, jambs, sills, and soffits of openings. C. Prohibit traffic and storage on waterproofed and roofed surfaces, on lawn and landscaped areas not identified by Owner's Maintenance for those purposes. 1.10 WATER CONTROL Maintain site free of running water. 1.11 CLEANING DURING CONSTRUCTION Control accumulation of waste and debris and rubbish on a daily basis and dispose of off site. Clean interior areas prior to start of any finish work and maintain all areas free of contamination. It is imperative that construction debris will be kept to an absolute minimum @ each Fire Station concrete drive, so to avoid puncturing emergency vehicle tires. 1.12 FIELD SHEDS Storage sheds for tools, materials and equipment shall be weather tight with heat and ventilation for products requiring same. 1.14 REMOVAL A. Remove temporary materials, equipment, services and construction prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary facilities. Restore existing construction to specified or original condition. C. All grounds will be restored to a like -original condition. If the grounds are Bermuda grass,. seeding is permitted. If it is St. Augustine grass, it will be re -sodded. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION Fire Stations 01500-2 r SECTION 01600 - MATERIALS 1.01 UNAVAILABILITY OR LATE DELIVERIES: Contractor shall order and schedule delivery of materials in ample time to avoid delays in construction. If an item is found to be unavailable, Contractor shall notify Architect/Engineer immediately to permit mutual selection of suitable substitute. If Contractor fails to'order materials in ample time to avoid delays in construction, an approved material shall be. substituted at no extra cost to the Owner. Or, at the Architect/Engineer's discretion, approval of a substitute will be given only upon agreement by the Contractor to remove substituted material at a later date agreeable to Owner, and replace it at Contractor's expense with material originally specified. Such approval shall be subject to the same terms as for "Substitutions". 1.02 MATERIAL TESTING: A. Laboratory tests and inspections specified or required of material and finish articles incorporated in. the work shall be made by bureaus, laboratories or agencies approved by the Architect/Engineer. Reports will be submitted to the Architect/Engineer or distributed as established at the preconstruction conference. Cost of testing and inspections will be paid for by the Owner. B. Contractor shall furnish promptly, without additional charge, all reasonable facilities, labor, and materials necessary for safe and convenient inspection and tests required by the Architect/Engineer. Inspection and tests will be performed in manner not to delay work unnecessarily. Contractor will be charged with cost of extra inspection when material or work is not ready at time inspection is required. C. Test samples as Architect/Engineer may deem necessary shall be procured from material or equipment delivered for use in the work. If any test sample fails to meet specification requirements: 1. Previous,_ approval may be withdrawn and such material or equipment may be subject to removal and replacement by Contractor at his expense with material or equipment meeting specification requirements. 2. Architect/Engineer may refuse consideration of further samples of same brand or make for testing. In any case, Owner will pay cost of only one additional,, test of material for same usage; should second sample of same or like material also fail test, Contractor shall bear cost of all further testing until Architect/Engineer's approval is granted. 3. At Owner's discretion, defective material and equipment may be permitted to remain in place subject to adjustment of Contract price. 1.03 MATCSING MATERIALS: Materials required to match existing work and not 071 otherwise specified, shall be equal to the existing work in quality, color and finish. Workmanship and installation shall be comparable to adjacent existing work. The Owner shall be the sole authority in the determination of an acceptable match. se* 1.04 SPECIFIED ITEMS - SUBSTITUTIONS: In addition to the requirements of General Conditions Article V, 5.13 the following applies: A. Whenever catalog numbers and specified brands or trade names, followed by the designation "or equal" are used in conjunction with a designated material, product, thing or service mentioned in these ems• specifications, they are used to establish the standards of quality Fire Stations 01600-1 and utility required. Substitutions which are equal in quality and utility to those specified will be approved, subject to the following provisions: All substitutions must be approved by the Architect/Engineer and Owner in writing. For this purpose the Contractor shall submit to the Architect/Engineer within 35 calendar days after recording of the Contract, a typewritten list containing a description of each proposed substitute item or material. Sufficient data, drawings, samples, literature or other detailed information as will demonstrate to the Architect/Engineer that the proposed substitute is equal in quality and utility to the material specified shall be appended to this list. The Architect/Engineer will approve after receiving written concurrence from the Owner, in writing, such proposed substitutions as are, in his opinion, equal in quality and utility to the times or materials specified. Such approval shall not relieve the Contractor from complying with the requirements of the Drawings and Specifications, and the Contractor shall be responsible at his own expense for any changes resulting from his proposed substitutions which affect other parts of the work. B. Failure of the Contractor to submit proposed substitutions for approval' in the manner described and within the time prescribed shall be sufficient cause for disapproval by the Architect/Engineer or any substitutions otherwise proposed. C. Whenever catalog numbers and specific brands or trade names are not followed by the designation "or equal" or used in conjunction with a designated material, product, thing or service mentioned in these specifications, no substitutions will be approved. 1.05 SUBSTITUTIONS: Substitutions of any materials other than those specifically called for shall be submitted to the Architect/Engineer for approval. 1.06 ITEMS SPECIFIED BY TRADE NAME: Reference to items by specific trade name is made as a basis of quality and function. Equivalent items may be used in their stead; however, the right of determining such quality shall remain with the Owner's Representative. The terms "similar to", "approved", or "or equal" or similar phrases shall be interpreted similarly. 1.07 LABELS: Manufacturer's or trade names together with model or serial designations, grade markings, fire ratings, etc. will be permitted and are required on certain components of the work. These items shall be placed in concealed, but accessible locations, and absolutely no labels advertising any manufacturer or trade name will be permitted on exposed portions of components without written authorization from Architect/Engineer. 1.08 MATERIALS STORAGE: A. The Contractor will be allowed space on the grounds for the storage of his materials, but he shall provide all necessary enclosures, doors, and locks, and he shall be solely responsible for the safekeeping of all materials, tools, etc., stored therein. B. Such storage facilities shall be moved when so directed by the Architect/Engineer at the Contractor's expense. After completion of the work, they shall be completely removed and all materials taken from the premises. Fire Stations 01600-2 r'► 1.09 MANUFACTURER'S DIRECTIONS: A. All manufactured articles, materials and equipment shall be applied, installed, connected, erected, secured, used, cleaned and put in operation as recommended, directed or specified by the manufacturer, for the type of installation called for. B. where work is specified to be in accordance with product manufacturer's directions, Contractor shall procure such information in sufficient quantities to supply interested parties. 1.10 TEST REPORT COPIES: A. The testing laboratory agency shall supply copies of all tests, reports, and inspections to the following: Owner - 2 copies Architect - 1 copy .. General Contractor - 2 copies Consulting Structural Engineers --1 copy. END OF SECTION row Fire Stations 01600-3 SECTION 01700 - CONTRACT CLOSEOUT PART 1 ---GENERAL 1.01 REQUIREMENTS INCLUDE A. Closeout Procedures B. Final Cleaning C. Project Record Documents D. Operation and Maintenance Data E. Warranties and Bonds F. Spare Parts and Maintenance Materials 1.02 RELATED REQUIREMENTS Uniform General Conditions, Supplementary General Conditions, Forms, Specification Sections found in Division 1 through Division 16 and all Drawings apply to Work specified in this Section. 1.03 DESCRIPTION OF REQUIREMENTS Definitions: Closeout- is, hereby defined to include general requirements near end of Contract Time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in sections of Division 2 through 16. Time of closeout is directly related to "Substantial Completion", and therefore may be either a single time period for the entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. That time variation (if any) shall be applicable to other provisions of 'this Section. 1.04 PREREQUISITES TO SUBSTANTIAL COMPLETION General: Prior to requesting Owner's inspection for Certification of Substantial Completion list known exceptions in the Work. Include �••. supporting documentation for completion as indicated in these Contract Documents. Submit specific warranties, workmanship/maintenance documents, maintenance agreements, final certifications and similar documents. Submit record drawings, maintenance manuals, and similar documents. Deliver tools, spare parts, extra stocks of materials, and similar physical items to Owner. r, Make final change -over of locks and transmit keys to Owner, and advise Owner's personnel of change -over in security provisions. Complete start-up testing of systems, and instructions of Owner's operating/maintenance personnel. Discontinue (or change over) and remove from project site temporary facilities and services, along with construction tools and facilities, mock-ups, and similar elements. Complete final cleaning requirements, including touch-up of marred surfaces. �** Inspection Procedures: Upon receipt of Contractor's request, Owner will either proceed with inspection or advise Contractor of pre- requisites not fulfilled. Following initial inspection, Owner will either prepare Certificate of Substantial Completion, or advise Contractor of work which must be performed prior to issuance of certificates; and repeat inspection when requested and assured that work �'"" Fire Stations 01700-1 has been substantially completed. Results of completed inspection will form initial "punch -list" for final acceptance. 1.05 PREREQUISITES TO FINAL ACCEPTANCE General: Prior to requesting Owner's final inspection for certification of final acceptance and final payment, as required by General Conditions, complete the following and list known exceptions (if any) in request: Submit final payment request with final releases and supporting documentation not previously submitted and accepted. Owner's required "Contractor's Affidavit of Bills Paid" will be a final item. Contractor will provide two (2) copies of all as -built drawings. All closeout documents must be submitted in triplicate. Submit copy of Owner's final punchlist of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance. Submit Consent of Surety. Submit final liquidated damages settlement statement, if any, acceptable to Owner. Re -inspection Procedure: Upon receipt of Contractor's notice that work has been complete, including punchlist.items resulting from earlier inspections, and excepting incomplete items because of acceptable circumstances, Owner will re -inspect work. Upon completion of re- inspection, Owner will either prepare certificate of final acceptance or advise Contractor of work not completed or obligations not fulfilled as required for final acceptance. If necessary, procedure will be repeated. 1.06 RECORD DOCUMENTS SUBMITTALS General: Specific requirements for record documents are indicated in sections of these specifications. Other requirements are indicated in General Conditions. General submittal requirements are indicated in "Submittals" section. Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire - resistive location; provide access to record documents for Owner's reference during normal working hours. Record Drawings: Maintain a white -print set (blue -line or black - line) of Contract Drawings and shop drawings in clean, undamaged condition, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whichever drawing is most capable of showing "field conditions fully and accurately; however, where shop drawings are used for mark-up, record a cross-reference at corresponding location on working drawings. Mark with red erasable pencil and, where feasible, use other colors to distinguish between variations in separate categories of work. Mark-up new information which is recognized to be of importance to Owner, but was for some reason not shown on either contract drawings or shop drawings. Give particular attention to concealed work, which would be difficult to measures and record at a later date. Note related change order numbers where applicable. Organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on cover of each set. Fire Stations 01700-2 GQ �•• Record Specifications: Maintain one copy of specifications, including addenda, change orders and similar modifications issued in printed form during construction, and mark-up variations (of substance) in actual work in comparison with text of specifications and modifications as issued. Give particular attention to substitutions, selection of options, and similar information on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data, where applicable. Upon completion of mark-up, submit to Architect for Owner's records. 1.07 FINAL CLEANING General: Special cleaning for specific units of Work is specified in sections of Divisions 2 through 16. General cleaning during progress of Work is specified in General Conditions and as temporary services in "Temporary Facilities" section of this Division. Provide final cleaning of the Work, at time indicated, consisting of cleaning each surface or unit of work to normal "clean" condition expected for a first-class building cleaning and maintenance program. Clean project site (yard and grounds), including landscape development areas, of litter and foreign substances. Sweep paved areas to a broom -clean condition; remove stains, petro -chemical spills and other foreign deposits. Rake grounds which are neither planted or paved, to a smooth, even -textures surface. Removal of Protection: Except as otherwise indicated or requested by Architect, remove temporary protection devices and facilities which were installed during course of the Work to protect previously completed work during remainder of construction period. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, or bury debris or excess materials on Owner's property, or discharge volatile or other harmful or dangerous materials into drainage systems; remove waste ,., materials from site and dispose of in a lawful manner. Where extra materials of value remain after completion of associated work have become Owner's property, dispose of these to Owner's best advantage as directed. 1.08 WARRANTIES AND BONDS A. Provide triplicate, notarized copies. Execute Contractor's submittals and assemble documents by subcontractors, suppliers and manufacturers. Provide table of contents and assemble in binder with durable plastic cover. B. Submit material prior to final application for payment. For equipment put into use with Owner's permission during construction, submit within ten days after first operation. For items of work delayed materially beyond Date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. PART 2 - PRODUCTS NOT USED NOT USED END OF SECTION "' Fire Stations 01700-3 SECTION 06100 - ROUGH CARPENTRY PART 1 - GENERAL 1.01 DESCRIPTION: A. Covers lumberyard items including wood battens, plywood decking, and wood treatment. 1.02 RELATED DOCUMENTS Applicable requirements of the General Conditions, Supplementary General Conditions, and General Requirements apply to the work specified in this section. 1.03 RELATED WORK SPECIFIED ELSEWHERE: Modified Bitumen Membrane Roofing - Section 07540 Sheet Metal Flashings - Section 07600 1.04 QUALITY ASSURANCE: A. Lumber Standard: For each use, provide lumber complying with Product Standard PS 20 "American Softwood Lumber Standard". Nominal sizes are indicated; provide actual sizes complying with minimum size requirements of PS 20 for moisture content specified for each use. +�*» B. Plywood Standard: For each use specified under this section, provide plywood complying with Product Standard PS 1 "Softwood Plywood/Construction and Industrial C. Factory -mark each piece of lumber and plywood with type, grade, mill and grading agency identification; except omit marking from surfaces to receive transparent finish, and submit mill certificate that material has been inspected and graded in accordance with requirements if it cannot be marked on a concealed surface. D. Certificate of inspection and grading by a recognized grading agency, approved by American Lumber Standards Committee, may be submitted with each shipment, in lieu of factory -marking, at Contractor's option. 1.05 SUBMITTALS: Submit in accordance with Section 01340. A. Wood Treatment Data, Carpentry, General: For information only, submit of chemical treatment manufacturer's instructions for proper use of each type of treated material. B. Pressure Treatment: For each type specified, include certification by treating plant stating chemicals and process used, net amount of salts retained and conformance with applicable standards. Treatment required only where noted on the plans. C. For water -borne preservatives, include statement that moisture content of treated materials, was reduced to a maximum of 15% prior to shipment to project site. D. Fire -Retardant Treatment: Include certification by treating plant that treatment material complies with governing regulations, and treatment will not bleed through finished surfaces. E. Wood Framing and Decking: Submit complete information on all materials. 1.06 PRODUCT HANDLING: A. Keep carpentry materials dry during delivery, storage and handling. Store lumber and plywood in stacks with provisions for air circulation within stacks. Protect bottom of stacks against contact with damp surfaces. Protect exposed materials against weather. "" Fire Stations 06100-1 1.07 JOB CONDITIONS: A. Time delivery and installation of carpentry work to avoid delaying other trades whose work is dependent on or affected by carpentry work, and to comply with protection and storage requirements. _ B. Advise Contractor of heating or cooling requirements for installation areas, and for maintaining required ambient conditions during and after installation. C. Correlate location of furring, nailers, blocking, grounds and similar supports so that attached work will comply with design requirements. PART 2 - PRODUCTS 2.01 DIMENSION LUMBER: A. General: Where wood framing from 2" through 4" in nominal thickness is indicated, provide lumber complying with lumber producer's inspection agency grading rules certified as conforming to the "National Grading Rule for Dimension Lumber" by the Board of Review of the American Lumber Standards Committee (ALSC). B. Dress dimension lumber S4S unless otherwise indicated. - C. Provide kiln -dried dimension lumber with 15% maximum moisture content at time of dressing complying with DK size requirements of PS 20. Mark lumber "KD". D. Framing: 1. All Framing Material: Southern Yellow Pine: No. 2 Grade, Kiln Dried, 1200 F. West Coast Douglas Fir: No. 2 Grade, Kiln Dried, 1200 F. E. Boards: Southern Pine: B & BTR Grade, S4S, Kiln Dried. West Coast Douglas Fir: C Select Grade, S4S, Kiln Dried. F. Grounds and Nailers: Yellow Pine, No. 1 Grade, Kiln Dried. 2.02 PLYWOOD: A. Exterior: 1. Not Exposed: APA, EXT, C -D, Group 1, of thickness noted on the drawings. B. Interior: 1. Not Exposed: APA, INT, B -D, Group 1. 2. One Side Exposed: APA, INT, A -D, Group 1. 3. Both Sides Exposed: APA, INT, A -A, Group 1. 2.03 ANCHORAGE AND FASTENING MATERIALS: A. Select proper type, size, material and finish for each application. Comply with the following: 1. Nails and Staples: FS FF -N-105. 2. Wood Screws: FS FF -S-111. 3. Bolts and Studs: FS FF -B-575. 4. Nuts: FS FF -N-836. 5. Washers: FS FF -W-92. 6. Lag Screws or Lag Bolts: FS FF -B-561. 7. Masonry Anchoring Devices: For expansion shields, nails and drive screws, comply with FS FF -S-325. 8. Toggle Bolts: FS FF -B-588. 9. Bar or Strap Anchors: ASTM A 575 carbon steel bars. 2.04 PRESERVATIVE TREATMENT: A. Vacuum Treatment: Treatment shall be in accordance with the Vacuum Wood Preservers Institute (VWPI) standards and shall conform to Federal Specification TT -W-572. The treatment shall be with a water repellent preservative containing 5% by weight of pentachlorophenol, Fire Stations 06100-2 ... with a 2 lb. retention per cu. ft. using the Dri-Vac process of controlled vacuum. Use this treatment for all wood in connection with roofs and elsewhere wood treatment is called for on the Drawings. B. Retreat, regardless of type of preservative or method of treatment, ^ all surfaces exposed by sawing, planing, boring or cutting with a liberal brush application or by immersing in the preservative initially used. wit PART 3 - F RRICATION AND ERECTION 3.01 ANCHORS: A. Anchors shall be installed where specified or shown on the drawings to anchor carpentry to masonry or concrete. 3.02 MOISTURE SEAL: fool A. A moisture seal or barrier shall be placed under or around wood members which bear on or are embedded in concrete or masonry. Seal shall be asphalt mastic, or an approved type. 3.03 ROUGH HARDWARE: A. Provide and install all rough hardware and metal fastenings as shown on drawings, specified herein, or required for proper installation of carpentry. Nails, spikes, screws, bolts and similar items shall be of sizes and types to rigidly secure member in place. See the following headings specific sizes and types of rough hardware required. 3.04 WOOD GROUNDS: A. Provide wood grounds and blocking of size and shape required. for plaster work, for securing toilet accessories, door stops, and trim for, etc. Install true to line level plumb, and well secured in place. Wood blocking or nailers on drywall metal framing systems shall be anchored in place with screws. 3.05 TRIM: A. Exterior and interior trim shall conform to design and details shown when practicable, work shall be fabricated and assembled at the mill. All trim shall be finished smooth and free of machine or tool marks with all exposed surfaces thoroughly sanded. All nail heads shall be set and filled with an approved type filler. B. All joints shall be tight and accurately formed. Field miters more than 4" from heel to point or more than 4" long shall be glued and locked. C. Provide blocking as required to secure work in place. Do not install any trim or other woodwork until all surfaces have been primed and backprimed. Where required, carefully scribe woodwork to plaster and/or adjacent work. D. Plywood with exposed edges shall be banded with white pine or matching wood glued to the plywood. 3.06 INSTALLATION OF PLYWOOD: A. Comply with recommendations of the American Plywood Association (APA), for the installation of plywood. END OF SECTION '"^" Fire Stations 06100-3 r1% �\ I ,I y61 4 \ a +09 \ Lei 1.01 RELATED DOCUMENTS: The requirements of this Section are an extension and are in addition to the requirements of the Uniform General Conditions, Supplementary General Conditions, Forms, Specification Sections found in Division 1 through Division 16 and all Drawings. 1.02 WORK INCLUDED: Install new SBS modified bitumen roofing with flashings in hot Type IV asphalt. 1.03 SUBMITTALS A. Submit under provisions of Section 01340. B. Shop Drawings: Provide sheet layout indicating slope of roof surface and/or insulation along with locations of all scuppers and roof penetrations within the Work area(s). C. Product Data: Indicate membrane and bitumen materials (including Equiviscous temperatures for manual and machine applications), base flashing materials, mechanical fasteners and other proposed materials and accessories as required for materials in this Work. D. Test Reports: Provide delivery tickets for each batch of bitumen, stating type, equiviscous temperature (EVT), Flashpoint (FP), and finished blowing temperature '(FBT. E. Manufacturer's Installation Instructions: Include installation sequence, special instructions, and Material Safety Date Sheets (MSDS) for all materials. F. Manufacturer's Certificate: Certifying that products meet or exceed specified requirements. Certification letter shall be on the manufacturer's letterhead and be signed by a duly authorized employee of the corporation. The letter shall further certify that all materials used in the system, whether manufactured by that company or not, ,are acceptable to the manufacturer for use in the system. The letter will also state that the proposed system meets all criteria for the issurance of the required twenty-year no -dollar -limit warranty. G. Project Record Documents: Record exact _location of all roof penetrations. 1.03 RELATED WORK SPECIFIED ELSEWHERE A. Section 06100 - Rough Carpentry B. Section 07600 - Flashing and Sheetmetal 1.04 PRODUCT DELIVERY A. Delivery. Materials shall be delivered in the Manufacturer's original sealed and labeled shrouds, on pallets and in quantities to allow continuity of application throughout the Project. Coordinate shipment receipt as necessary to cause occupant the least amount of interference. Do not expect or anticipate Owner to take responsibility for signing for or unloading any delivery. B. Storage. Materials shall be stored out of direct exposure to the elements and on pallets. All roll goods shall be stored vertically. All goods which are susceptible to water damage will be stored in fully enclosed watertight trailers. No materials will be stored on the roof overnight. C. Handling. All materials shall be handled in a manner which will preclude damage and contamination with moisture _ or other harmful/foreign matter. D. Roof Loading. Evenly distribute roll goods on roof surface so as to not exceed 25 lbs per square foot. AN* Fire Stations 07540-1 1.05 JOB CONDITIONS A. Any portion of the roofing system or its accessories shall not be applied during precipitation or started in the event precipitation is threatening, unless precautions are taken for same. The Contractor shall have the final decision as to whether to chance roofing operations in the event of the likelihood of rain. The Contractor shall also consider wind speed as a determinate factor as to whether roofing operations can be safely accomplished under those conditions. He shall suspend work if in his opinion the wind speed will impede the proper installation of the roofing work or cause a danger to his personnel or to the building's occupants or the Owner's property. B. Do not tear -off the membrane and leave overnight without the application of the complete insulation and modified bitumen base sheet. C. Roofing membrane and flashings shall prevent water migration into building. At no time shall the building be left in an open state that would allow water penetration. 1.06 REFERENCES A. ASTM D41 - Asphalt Primer Used in Roofing. B. ASTM D312 - Asphalt Used in Roofing. C. ASTM D2178 - Asphalt Glass Felt Used in Roofing. D. ASTM D4586 - Asphalt Roof Cement (asbestos free). E. FM - roof Assembly Classifications F. NRCA - Manual of Roof Maintenance and roof Repair. G. NRCA - Roofing and Waterproofing Manual. H. UL - Fire Hazard Classifications. 1.07 QUALITY ASSURANCE A. Work of this Section shall conform to the NRCA Roofing and Waterproofing Manual, latest edition, Manufacturer's Installation Instructions and these Construction Documents. Maintain one copy of each document on site during operations. B. The Manufacturer's Representative shall make two (2) site visits to the project per month at critical stages of the roof installation, and forward written reports of the visits to the Architect. C. The Contractor shall keep a daily log with the minimum following information: 1. Nature of operation and quantity of work and materials installed. 2. Personnel on site by job function and task. Also a list of all site visitors. 3. Kettle temperatures taken three (3) times average per eight (8) hour shift. 4. Material deliveries identifying quantity and type. 5. Daily weather conditions including percentages of rain forecast, wind conditions and daily temperatures. 1.08 QUALIFICATIONS A. Manufacturer. Company specializing in the manufacture of products in this Section with a minimum five (5) years documented experience and at least three (3) jobs within the State of Texas of the same type system installed and size of project within that five-year period. B. Applicator. Company specializing in applying the Work of this Section with a minimum of three. (3) years documented experience in the application of the specified system, and certified by the roofing material manufacturer as an approved no -dollar -limit warranty applicator of the specified material. The Manufacturer Fire Stations 07540-2 r- t"' the application of the specified system, and certified by the roofing material manufacturer as an approved no -dollar -limit warranty applicator of the specified material. The Manufacturer approval shall have been in effect no later than December spa 31, 1997. Also provide evidence of the successful completion of at least three (3) projects of the same type system installed and size of the project within that three-year period. 1.09 REGULATORY REQUIREMENTS A. Provide certification of inspection confirming approval of design and installation by the Authority Having Jurisdiction (AHJ). B. Fire Hazard Classification: UL_Class A. C. Roof Assembly Classification: FM Class I-90 construction, in accordance with FM Construction Bulletin 1-28. 1.10 PRE -INSTALLATION CONFERENCE A. Attend a pre -installation conference among the parties directly affecting the Work of this Section a minimum of three days prior to commencing Work. B. Those in attendance shall be the Contractor's Project Manager and Superintendent, Manufacturer's Representative, Owner and Owner's Maintenance and Security Staff Representatives, Architect and his designated representative. C. The agenda shall cover a review of demolition and installation, installation procedures, and coordination with related work. 1.11 ENVIRONMENTAL REQUIREMENTS A. Do not apply roofing during inclement weather. Temperatures must be a minimum of forty degrees Fahrenheit and rising. B. Do not apply roofing material to damp or frozen deck or substrate. C. Do not undertake roofing operations' when the wind is determined to be detrimental to safe installation practices. 1.12 SEQUENCING AND SCHEDULING A. Coordinate Work under provision of Section 01010. B. Coordinate installation of associated metal flashings and roof - related items as Work of this Section proceeds. 1.13 WARRANTY A. The roofing material Manufacturer shall provide a 20 -year No -Dollar - Limit (NDL) type warranty covering all materials and workmanship. The warranty shall include all membrane roofing, base flashings and insulation. B. The Contractor shall provide a two-year written warranty covering defects in the roofing materials and/or labor. AM Fire Stations 07540-3 1.14 DESCRIPTION OF WORK ASSEMBLY #1 - FIRE STATION #03 Project Type: Reroofing of existing structure. Deck: Sloping metal deck. Insulation: 2 layers of 1.3" Polyisocianurate, first layer mechanically fastened as per FM I-90. Tapered Insulation: Tapered perlite, set in Type IV asphalt with sufficient slope to produce positive drainage. Base Sheets: Modified bitumen, fiberglass mat coated with SBS modified asphalt. Applied in Type IV asphalt. Cap Sheet: Modified Bitumen, fiberglass and/or polyester reinforced, SBS with white granular surfacing. Applied in Type IV asphalt. Flexible Flashings: Same as Cap Sheet. ASSEMBLY 12 - FIRE STATION #M Project Type: Same as Assembly #1. Deck: 2-1/2" Gypsum deck with no slope. 28 lb. Base Sheet: Fiberglass base sheet mechanically fastened to gypsum deck as per FM I-90 Insulation: 1.8" Polyisocianurate set in Type IV asphalt. Tapered Insulation: 1/8" per foot tapered perlite, set in Type IV asphalt. Base Sheets: Same as Assembly #1. Cap Sheet: Same as Assembly #1. Flexible Flashings: Same as Cap Sheet. ASSEMBLY #3 - FIRE STATION #-1-Q Project Type: Same as Assembly #1. Deck: Same as Assembly #2 28 lb. Base Sheet: Same as Assembly #2 Insulation: Same as Assembly #2. Base Sheets: Same as Assembly #2. Cap Sheet: Same as Assembly #2. Flexible Flashings: Same as Cap Sheet. 2.01 MANUFACTURERS - MEMBRANE SYSTEMS A. Tamko Asphalt Products - System 108FR or equal. 2.02 SHEET MATERIALS A. Modified Bitumen Base Sheet: Fiberglass matt coated with SBS modified asphalt. 1. Tamko - Tam -Ply IV. B. Modified Bitumen Cap Sheet: Fiberglass and/or polyester reinforced, SBS modified bitumen with granular surfacing. 1. Tamko - Awaplan Premium FR. C. Fiberglass Base Sheet: Produced or approved by the modified bitumen membrane manufacturer and equal to ASTM D-4601, Type II. 2.03 BITUMINOUS MATERIALS A. Asphalt Bitumen: ASTM D312, Type IV, Special Steep. B. Asphalt Primer: ASTM D41. C. Plastic Cement: ASTM D4586, Type I, asbestos free. D. Flashing Cement: MBR type only, compatible for use with SBS modified bitumen roof system. Fire Stations 07540-4 5a 2.04 FLEXIBLE FLASHINGS A. Sheet Flashing: Fiberglass or polyester mat coated with modified bitumen and granular or metal foil surface. The flashing system is to be approved by the membrane manufacturer for use with his respective system and be equal to: 1. Tamko - Awaplan Premium FR. B. Backer Sheet: Sheet flashings shall be installed in all cases with fiberglass felt or fiberglass base sheet. 2.05 ACCESSORIES A. Roofing Nails: Hot -dipped galvanized 11 -gauge wire nails with 3/8" diameter heads, length as required to penetrate substrate a minimum of 3/4". B. Mechanical Fasteners for Flexible Flashing: • 1. Masonry or Concrete: 1/4" x 1-1/2" nylon -jacketed stainless steel masonry drive pin equal to Rawl Zamac Nailin #2543. 2. Wood Blocking: High carbon, zinc -coated steel, annular threaded, 1" shank nails with minimum 1" x 1" x 16 -gauge metal disk cap nail as manufactured by Simplex Nails, Inc. or approved equal. C. Wood Framing Nails: Hot -dipped galvanized box nails in lengths as required to penetrate substrate a minimum of 1 D. Termination Bar: 1/8" x 1" hot -dipped galvanized steel bar stock. E. Substitutions: Under provisions of Section 01600. F. Mechanical Fasteners for Insulation: As recommended and approved by insulation board manufacturer. Fastening frequency shall be as per FM I-90. Perimeter boards will require additional fasteners than boards in the field. G. Roof Insulation: 48" x 48" Ultra Guard high thermal roof insulation as manufactured by Schuller Roofing Systems. H. Tapered Insulation: 1/8" per foot Tapered Fesco Board as manufactured by Schuller Roofing Systems for Fire Stations #09 & 10. Fire Station #03: Sufficient to provide positive slope back to roof drains. I. Gypsum deck fasteners: Self-locking one piece fastener and disks as manufactured by ES Products. 2.06 SOURCE QUALITY CONTROL A. Require asphalt bitumen supplier to provide source, batch and test data on each shipment and submit for Architect's approval. B. Include EVT for all 'asphalt. 1 Individual Containers: Label legibly marked with EVT temperature range, batch number and asphalt type. 2. Bulk Shipment: Provide duplicate delivery ticket with data at time of delivery. C. Deliver asphalt to site ten (10) days prior to beginning of installation. Testing may be performed at the Owner's option to confirm compliance. PART 3 - EXECUTION p.. 3.01 INSPECTION A. Verify that site conditions and surfaces are ready to receive the work. B. Verify that deck is clean and smooth, free of depressions, waves, or other projections, and is properly sloped to drains or eaves. C. Verify that deck surfaces are dry and free of moisture. Utilize NRCA Deck Dryness Test as follows: Fire Stations 07540-5 2. Pour bitumen on deck surface. If bitumen foams, the deck is not dry enough to roof. 3. After bitumen has cooled, an attempt shall be made to strip the bitumen from the deck surface. If the bitumen strips clean from the deck, the deck is not dry enough to roof. D. Verify that roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly anchored and wood_nailers are in place. E. Start of installation shall constitute acceptance of existing conditions by the Contractor. 3.02 PREPARATION A. Prevent debris and bitumen from entering scuppers, downspouts, drains, underside of roof deck or other openings. Remove temporary closures in drainage devices prior to leaving the job each day. B. Clean surfaces of roof deck and maintain dust and debris free during roofing operations. 3.03 MEMBRANE APPLICATION (MOPPING APPLICATION) A. Equiviscous Temperature (EVT) at point of application shall not exceed 25 degrees F., high or low, from bitumen temperature rating indicated on container label for application method used (either manual mopping or mechanical spreading.) B. Roll out base ply and cap sheets approximately 30 minutes prior to application and allow rolls to relax. Re -roll sheets, just prior to application. Weight the rolled out sheet on the roof to prevent winds from blowing them across or off the roof. C. Starting at low point of roof (eaves or roof drains), lay modified bitumen base ply perpendicular to roof slope in uniform and solid moppings of hot asphalt applied at a rate of 20 to 25 lbs/square, providing 4" side and end laps. D. Apply cap sheet parallel to - base ply in accordance with manufacturer's instructions. Embed sheet into uniform and solid moppings of hot asphalt applied at a rate of 20 to 25 lbs/square, providing 4" side and end laps. Stagger lap joints between base ply and cap sheet. Stagger lap joints between adjacent plies of cap sheet by a minimum of 12". Where cap sheet must be applied over granule surface of previously installed sheet apply asphalt primer to surface of granular sheet and allow to dry prior to mopping. Use dry laid sheets or other approved bleed containment system to control overmoppings at end laps and sides as required. Bleed out at sheet edges shall be kept to the barest minimum by the use of the approved containment. E. Apply sheets smooth, free of air pockets, wrinkles, fishmouths, or tears. Install sheets so as to not "buck" or impede the flow of water. F. Extend membrane felts above top edge of cant strips a minimum of 2" onto the vertical surfaces. Mop one additional base ply as initial base flashing ply over roofing membrane at cant, extending onto flat membrane surface a minimum of 4". G. Install two (2) plies of fiberglass felt set in hot asphalt and glaze coat with hot asphalt for temporary water cut-off at end of each day's operation. Completely remove cut-off before resuming roofing. Seal top of base flashings with plastic cement each day. H. Mop and seal additional ply of base sheet around roof penetrations prior to installation of cap sheet. I. Immediately cover all asphalt spills or overmopped areas on granular surfaced cap sheet with matching granules. Limit overmopping to no more than 1/2" outside of line of felt. Fire Stations 07540-6 a"* J. Prohibit foot and cart traffic over newly applied roof membrane until asphalt has sufficiently cooled. Do not stack or store materials on finished membrane. 3.04 FLASHINGS A. Apply flexible base flashings over fiberglass backer felt to seal membrane to vertical elements. Embed both backer felt and flashing sheet into a uniform mopping of hot Type IV asphalt at a rate of not less than 25 lbs/square or torch apply as required. Secure top of flashing assembly to wood substrate with specified cap nails spaced at 4" on center. Secure top of flashing assembly to masonry or concrete substrates with specified termination bar and masonry drive pins spaced at 8' on center. B. Apply base flashing cap sheet in a manner to prevent bleed in excess of that specified for the field sheets by back -mopping or other manufacturer approved techniques. 3.05 FIELD QUALITY CONTROL A. Field inspection and testing will be performed under provisions of Section 01400. B. At any point during application or upon Substantial Completion the Architect with Owner's approval may have Work inspected and tested using applicable methods to establish conditions in the new roof assembly. Roof cuts may be taken at the rate of one per fifty (50) roofing squares. The Contractor will assist in securing the roof cuts and will patch the roof as required to finished condition at no cost to the Owner. C. The Contractor will promptly correct all identified defects and irregularities. All membrane defects called to the attention of the Roofing Superintendent will be repaired prior.to the end of each day unless directed otherwise. D. Demolition operations will not be performed during application of the new roofing system. 3.06 MANUFACTURER'S FIELD SERVICES The Contractor will arrange to provide Manufacturer's field services under provisions of Article 1.07.B. 3.07 CLEANING A. Remove bituminous markings from all finished surfaces. B. In areas where finished surfaces are soiled by asphalt or any other source of soiling caused by work of this Section, consult Manufacturer of surfaces for cleaning advise and conform to their documented instructions. Replace any materials or surface finishes which cannot be cleaned to the satisfaction of the Owner. 3.08 PROTECTION OF FINISHED WORK A. Protect finished Work under Section 01500. B. Where traffic must continue over finished roof installation protect the membrane with plywood sheets secured to a layer of 1/2" wood fiber insulation board and laid loose over the membrane with the insulation board side to the roof surface. 3.08 SPECIAL PROVISION Polyester matt products are allowed in this Specification with the «* special provision that shrinkage will not be permitted. Any system exhibiting cap sheet shrinkage in excess of 1/2" at any end or side lap will be remedied in a manner acceptable to the Owner. END OF SECTION. Fire Stations 07540-7 r SECTION 07600 - SHEET METAL FLASHINGS PART 1 - GENERAL 1.01 DESCRIPTION: See drawings and details for location and quantity of sheet metal flashings, parapet wall copings, and gutter and downspouts. 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions, Supplementary Conditions and General Requirements apply to the work specified in this section. 1.03 RELATED WORK SPECIFIED ELSEWHERE: Rough Carpentry - Section 06100 Modified Bitumen Membrane Roofing - Section 07540 1.04 SUBMITTALS: A. Product Data: Submit copies of specifications and installation instructions from the manufacturer for each major product or system required. Include certification or other data substantiating compliance with the requirements. Submittal shall be in accordance with Section 01300. B. Shop Drawings: Submit shop drawings for each fabricated item. Before any fabrication is begun, shop drawings of all flashing shall be submitted to the Architect for approval. The drawings shall show guages and types of metal, method of assembly and/or anchorage, shapes, dimensions and finishes. Submittal shall be in accordance with Section 01300. 1.05 JOB CONDITIONS: Proceed with Sheet Metal work only after substrate construction and penetrating work have been completed. The Installer must examine the substrate and the conditions under which work is to be performed, and notify the Contractor in writing of unsatisfactory conditions. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. PART 2 - PRODUCTS 2.01 MATERIALS: A. Sheet Metals: 1. Pre -finished Coping & Cap Flashing: Material to be pre -finished steel of not less than 24 guage, color as selected by Architect from MBCI Kynar 500 line. 2. Roof to Wall Flashing: 24 gauge galvalume. B. Accessx-y Materials and Components: 1. Fasteners: Concealed hook, strip, or clip type 22 ga of same material as coping; sized to suit application. 2. Solder and Flux: Type recommended for materials being used. 3. Plastic Cement: Cutback asphaltic type, FS SS -0000 153a. 4. Bituminous Paint: Acid and alkali resistant type; black color. 5. Sealant: One component acrylic, conforming to requirements to FS TT -S-00230; non -staining; non-bleeding; non -sagging; of color selected by Architect. 2.02 FABRICATION: A. Flashing,— Counter Flashing, and Valley 1. Form sections square, true and accurate to size, free rom distortion and other defects detrimental to appearance or performance, in conformance with details shown on the drawings. "� Fire Stations 07600-1 2. Form sections in 8 foot lengths. Make allowances for expansion at joints. 3. Seams are to be flat lock type except corners. Fabricate corners minimum 18" x 18" mitered, soldered or welded, and sealed as one piece. 4. wipe and wash clean, solder joints to remove traces or flux immediately after soldering. 5. Hem exposed edges of flashings on underside 1/2". 6. Fabricate flashings to allow it to etend minimum of 2" horizontally over roofing and return brake edge. 7. Backpaint flashings with bituminous paint where expected to be in contact with cementitious materials or dissimilar metals. B. Gutters & Downspouts: 1. Conform to SMACNA Manual requirements. 2. Size & profile to be shown on plans. 3. Submit drawings for review before fabrication. 3.01 INSPECTION: A. Verify that substrates, curbs, blockings, cants and other construction to receive sheet metal work are completed, securely fastened, clean and smooth, thoroughly dry and free of defects that could affect application. B. Beginning installation means acceptance of substrate. 3.02 INSTALLATION: A. Flashings , Counter Flashing -s - and Valleys 1. Nailing a. Not over 8" on center and not less than 1/2" from edge. b. Do not nail through exposed face of flashings. 2. Cleating a. Provide cleats as required for attachment of appurtenant sheet metal items. b. Make cleats continuous where indicated. C. Space cleats as recommended in the SMACNA Manual. 3. Jointing a. Overlap seams in direction of flow. b. Make joint with flat -lock seams, 3/4" wide minimum or soldered lap seams 1" wide minimum. C. Make corner seams double locked. d. Provide expansion and contraction joints where indicated or at 32 ft. maximum intervals. Expansion joints shall be loose lock slip joints, sealed with plastic cement. e. Comply with SMACNA Manual, Plate 131, and other plates applicable to installations for specific seams and joints. 4. Soldering a. Thoroughly clean and treat metals in accordance with metal producer's recommendations prior to soldering. b. Apply flux compatible with sheet metal prior to soldering. c. Solder full width and length of seam or joint. d. Remove acid flux residue by neutralizing with ammonia or - baking soda and rinsing with clear water. B. Pitch Pockets: Install in accordance Manville Corporation's Industrial/Commercial Product & Specification Manual. C. Contact Surfaces: Apply bituminous paint on surfaces to be in contact with dis-similar metals, masonry or concrete. D. Gutters & Downspp_Uts: 1. Install downspout leader into gutter as required by SMACNA Manual details. Fire Stations 07600-2 2. Provide metal anchor straps at 1/4 points of length of downspout. 3. Coordinate termination of downspout into downspout boot with General Contractor. Verify length of downspout with mounting height of cast iron boot. Fire Stations END OF SECTION 07600-3 go a 1.01 DESCRIPTION: A. Exterior sealants shall be provided as required to seal all joints occuring between dissimilar materials and at all control and expansion joints in masonry or concrete construction where shown or noted on the plans. Seal the exterior and interior side of exterior joints with a sealant rather than a caulking compound. Air tightness of this structure is critical and must be maintained. Proper installation of sealants is important. Follow all manufacturer's recommendations of proper installation of sealants. 1.02 RELATED WORK SPECIFIED ELSEWHERE: Modified Bitumen Roofing - Section 07540 1.03 SUBMITTALS: A. Manufacturer's Literature: Submit manufacturer's name and product proposed for use, and manufacturer's color charts for Architect's selections and approval. Submittal shall be in accordance with Section 01300. B. ;,aMplPs and Test Re or For materials other than those specified, furnish a unit sample of each material proposed (Include primer), accompanied by certified independent laboratory test reports showing that materials to be furnished have been tested and meet requirements of applicable contract documents and manufacturer's certification that no major formula change has taken place since date of test. Sample containers shall be labeled as to supplier, name of material, specifications numbers, colors. Include letters or published recommendations by manufacturer to support selection and compatibility of various related materials with respect to type of joints for which each material is intended. r-• 1.04 QUALITY ASSURANCE: A. Acceptable Manufacturers: 1. Sonneborn Division of Contech 2. Pecora Chemical Corp. 3. Tremco Mfg. Co. 1.05 DELIVERY AND STORAGE: Deliver materials in unopened containers as packaged by manufacturer. Store in a manner to protect materials from weather. 1.06 GUARANTEE: Provide Owner a written guarantee which shall guarantee sealant operations to be free of leaks and defects in material and workmanship for a period of two years from date of acceptance. .+eA 2.01 MATERIALS: A. Z_e : (Exterior and Interior Joints Subject to Movement) 1. QUaJj_tj_ea: One or two-part non -sag polysulfide base synthetic rubber sealant. Manufacturer's standard color as selected by ^ Architect. 2. Standards: FS TT -S -0027E, Type II, Non -sag Class B; FS TT -S - 00230C, Type II, Class A, Gun Grade. P" Fire Stations 07900-1 B. Joint Baking; Closed cell polyethylene joint backing material as recommended by sealant manufacturer. Select a size that will cause about 30% compression in joint. C. Bond -Preventive Materials: Polyethylene tape, pressure -sensitive adhesive or masking tape, FS UU-T-106. D. Primer: As recommeded by sealant manufacturer for eacht ype of working surface. 2.02 MIXING: Mix two-componet sealants in accordance with directions printed on container labels. 3.01 SURFACE PREPARATION: A. Concrete and masonry surfaces shall be smooth, dry, sound. Brush and wipe surfaces dust free. Remove oil, grease, release agents, coatings, or other contaminates from surface. B. Remove loose mill scale from steel surfaces. Remove dirt, oil or grease by solvent cleaning and wipe surfaces. C. Report unsatisfactory surfaces to Architect. D. Prime and prepare surfaces in strict accordance with sealant manufacturer's written recommendations. 3.02 JOINT SIZES AND BACKING: A. Sealant: Minimum and maximum joint sizes shall be as recommended by sealant manufacturer and as shown on drawings. Use joint backing material to control depth of joints. In joints 1/2" and wider, depth equal to 1/2 width with minimum depth of 1/411. B. Caulking: Depth equal to 3 times joint width. 3.03 APPLICATION: A. Joint Backer: Install joint backer to achieve required depth of joints. Where not used, install a bond -preventive material in joint. B. Sealant: Apply sealant to joints prior to water repellant or clear coating operations. Apply sealant within 8 hours after primer has dried. Gun -apply sealant, completely filling joint. Tool joints smooth and wrinkle free. 3.04 USE LOCATIONS: A. Use Exterior Joint Sealant where indicated on drawings and — following: 1. Around perimeter of all exterior door and window frames. 2. Around perimeter of all pipes, conduit, mechanical or electrical devices, and other items built into or penetrating exterior walls. 3. At thresholds: Provide full bed for exterior thresholds. 4. As otherwise required to make building airtight and weathertight. 5. At control joints in unit masonry walls. 3.05 CLEANING: Remove excess sealant and caulking materials and smears from adjacent surfaces as work progresses. Solvent recommended by manufacturer may be used to remove sealant. Remove debris from site. END OF SECTION Fire Stations 07900-2 -