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HomeMy WebLinkAboutResolution - 5983 - Contract - Hamilton Roofing Company - Roof Renovations, Maggie Trejo Supercenter - 08/27/1998Resolution No. 5983 Item No. 24 August 27, 1998 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 with Hamilton Roofing Company of Lubbock, TX to install and furnish all materials and services as bid for the Roof Renovations of West Section at Maggie Trejo Supercenter. 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 Council. Passed by the City Council this .22 ATfEST: aDarnell,-My Secretary APPROVED AS -TO CONTENT: Victor Kilmab, Purchasing Manager APPROVED AS TO FORM,:/ William de Haas Competition and Contracts Manager WdAuHamiltm Roof.M.doo ccdoWAugust 17.1998 ire CITY O tUBBOCK SPECIFICATIONS FOR ROOF RENOVATIONS OF WEST SECTION AT MAGGIE TREJO SUPERCENTER BID #98149 ♦ T : o (l 11 CITY OF LT -JB --BOCK Lubbock, Texas P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB #98149, Addendum #1 ADDENDUM #2 ITB #98149 ROOF RENOVATIONS OF WEST SECTION AT MAGGIE TREJO SUPERCENTER Office of Purchasing MAILED TO VENDOR: July 23, 1998 CLOSE DATE: August 4,1998 @ 2:00 PM 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. See attached Addendum #2 from Green Harvey Architects, Inc. 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 T K YOU Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 98149adi.doc Member American Institute of Architects American Institute of Certified Planner American Soaety of Civil Engineers Green Harvey Architects, Inc. Addendum #2 City of Lubbock ITB #98149 Roof Renovations of West Section of Maggie Trejo Supercenter Close Date: August 4,1998 @ 2:00PM July 23,1998 The following items take precedence over specifications for 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. Specification Section 07536, paragraph 1.7C, Warranty, shall be revised. The upper roof shall have a minimum NOL warranty of twenty (20) years. The lower roof shall have a minimum NOL warranty often (10) years. Warranty paper work shall clearly identify the number of years for coverage and to which roof level the warranty years apply. The existing hollow metal window system between the upper and lower roofs is not to be altered. 2. Specification Section 07536, paragraph 2.1, Materials, shall be revised. a. The upper roof shall remain as specified: modified bitumen on tapered insulation board. b. The lower roof shall be changed to be equal to Carlisle, Sure -Weld EPOM roof system over suitable substrate. Membrane material is to be at least .045 inches thick with reinforcement fibers, white exposed color, welded seams, UL Class A and FM•9O ratings, and compatible roof penetration and flashing accessories. C. Metal flashings and trim are to be either galvalume finish or paint grip finish, depending upon location. Installations that will be visible when viewed from anywhere on the ground shall be paint grip, painted to match the existing blue color scheme, unless instructed otherwise. All other installations shall be galvalume. 3. Drawing Sheet 2. a. The existing hollow metal window system between the upper and lower roofs, shown on the plan, is not to be altered. The new EPOM roof membrane system is to be installed and sealed so as to be water tight with maximum slope possible. Slope is to be away from the hollow metal window frames, the back of parapets and building walls, and light well opening. Slope is to be toward the roof edges. b. The new galvalume coping is to be set near the outside edge of the parapet as shown in the details. The coping is to be set in a continuous bead of sealant. Sealant is to maintain a uniform elevation measured along the top face of bricks. Additional sealant is to be installed at each masonry joint to fill the gap below the continuous bead of sealant under the coping. Tool sealant so as to provide a smooth surface sloped toward the exterior face of the wall. Sealant is to be fully bonded to the masonry, mortar, and metal coping. Sealant is not to be visible when viewed from anywhere on the ground. ,r C. The upper roof shall have slopes built as shown on the plan. End of Addendum S:1wpdats19803W&ndun.02 I Architects Planners Engineers 612 Broadway Lubbock, Texas f 79401 n 806.749.1153 fax 749. 1866 info®greenharvey.com rwww.greenharvey.com I Green Harvey Architects, Inc. Addendum #2 City of Lubbock ITB #98149 Roof Renovations of West Section of Maggie Trejo Supercenter Close Date: August 4,1998 @ 2:00PM July 23,1998 The following items take precedence over specifications for 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. Specification Section 07536, paragraph 1.7C, Warranty, shall be revised. The upper roof shall have a minimum NOL warranty of twenty (20) years. The lower roof shall have a minimum NOL warranty often (10) years. Warranty paper work shall clearly identify the number of years for coverage and to which roof level the warranty years apply. The existing hollow metal window system between the upper and lower roofs is not to be altered. 2. Specification Section 07536, paragraph 2.1, Materials, shall be revised. a. The upper roof shall remain as specified: modified bitumen on tapered insulation board. b. The lower roof shall be changed to be equal to Carlisle, Sure -Weld EPOM roof system over suitable substrate. Membrane material is to be at least .045 inches thick with reinforcement fibers, white exposed color, welded seams, UL Class A and FM•9O ratings, and compatible roof penetration and flashing accessories. C. Metal flashings and trim are to be either galvalume finish or paint grip finish, depending upon location. Installations that will be visible when viewed from anywhere on the ground shall be paint grip, painted to match the existing blue color scheme, unless instructed otherwise. All other installations shall be galvalume. 3. Drawing Sheet 2. a. The existing hollow metal window system between the upper and lower roofs, shown on the plan, is not to be altered. The new EPOM roof membrane system is to be installed and sealed so as to be water tight with maximum slope possible. Slope is to be away from the hollow metal window frames, the back of parapets and building walls, and light well opening. Slope is to be toward the roof edges. b. The new galvalume coping is to be set near the outside edge of the parapet as shown in the details. The coping is to be set in a continuous bead of sealant. Sealant is to maintain a uniform elevation measured along the top face of bricks. Additional sealant is to be installed at each masonry joint to fill the gap below the continuous bead of sealant under the coping. Tool sealant so as to provide a smooth surface sloped toward the exterior face of the wall. Sealant is to be fully bonded to the masonry, mortar, and metal coping. Sealant is not to be visible when viewed from anywhere on the ground. ,r C. The upper roof shall have slopes built as shown on the plan. End of Addendum S:1wpdats19803W&ndun.02 I P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB 998140, Addendum #1 ADDENDUM 0 ITB #98149 ROOF RENOVATIONS OF WEST SECTION OF MAGGIE TREJO SUPERCENTER Office of Purchasing MAILED TO VENDOR: July 21, 1998 OLD CLOSE DATE: July 21,1998 @ 2:00 PM NEW CLOSE DATE: August 4,1998 @ 2:00 PM The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has been changed from July 21, 1998, at 2:00 PM to the new closincl date of August 4.1998 at 2:00 PM. 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: or Email to: (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us 4THAK YOU,huffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 98149ad1.doc CITY OF LUBBOCK INVITATION TO BID FOR TITLE: ROOF RENOVATIONS OF WEST SECTION AT MAGGIE TREJO SUPERCENTER ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98149 PROJECT NUMBER: 9528.9211.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS . BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS 1 No Text i NOTICE TO BIDDERS BID #98149 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 21st day of July, 1998, or as changed by the issuance of formal addenda to all planholders, to urnish all labor and materials and perform all work for the construction of the following described project: "ROOF RENOVATIONS OF WEST SECTION AT MAGGIE TREJO SUPERCENTER" 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 insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 13th day of August, 1998 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 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 pre-bid conference on 9th day of July. at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas 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) 767- 2281 at least 48 hours in advance of the meeting. CITY QFLUBBOCK A4 1�� VICTOR ILMAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 162513th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167/Fax (806)775-2164. r r^ t GENERAL INSTRUCTIONS TO BIDDERS ,. 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the ROOF RENOVATIONS OF WEST SECTION AT MAGGIE TREJO SUPERCENTER. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. r 3. PLANS FOR USE BY BIDDERS �+ It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. i 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: 1 ' RON SHUFFIELD t SENIOR BUYER `. CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 5. TIME AND ORDER FOR COMPLETION r� The construction covered by the contract documents shall be fully completed within 45 (FORTY FIVE) consecutive i calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful r bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may t direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. j 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. r AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all 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). 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 the year 2000 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. 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. 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. 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. -- r 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES 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. R 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life ror property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or t corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. L {Y� k is In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. 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 contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS 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 which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, Cregardless 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. r19. PAYMENT OF EMPLOYEES -AND FILING OF PAYROLLS "y 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 h particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES (" Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly j authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 19 r 1; 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. 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 in regard to 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: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 6 No Text r' BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: Lubbock, Texas DATE: August 4, 1998 ?l. PROJECT NUMBER: #98149 - ROOF RENOVATIONS OF WEST SECTION AT MAGGIE TREJO SUPERCENTER H Construction Systems, Inc. d.b.a. Hamilton Roofing Company Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a Roof Renovations of West Section at Maggie Trejo Supercenter having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: `twenty Eight Thousand Dollars ($ 28,000.00 ) higfit Doliars SERVICES: Thirty Eight Thousand Three Hundred Thirty' - 38,338.00 ) o ars TOTALBID:Sixty Six Thousand Three Hundred Thirty Eight ($ 66,338.00 (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 45 (FORTY FIVE) 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 $300.00 (THREE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. UBidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. 71 The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for N/A Dollars ($ N/A ) or a Bid Bond in the sum of Fi vpPArren t- Dollars ($ 5 ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Sea[ if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. on P Date L_ 2 i_ g R Addenda No. Two Date 7 _ ?,i -gtt Addenda No. Date Addenda No. Date &4 V, T Lre ouisdW. Howell, II (Printed or Typed Name) H Construction Systems, Inc. d,b.a. Hamilton Roofing C'ampnn�_ Company P.O. Box 2703 Address LubbockLt�hhnrk City, County Texas _7,9408 State Zip Code Telephone: 806 - 763-9375 Fax: 806 .7-744-0640 11. 2. ♦� 3. 4. 5. 6. 7. _ 8. — 9. 10. LIST OF SUBCONTRACTORS Minority Owned Yes No Anthony Mechanical, Inc. X Berryhill Sewer Service X Dent Electric X 3 10 yf f ® Green Harvey Architects, h1c. July 23, 1998 f*m Addendum #2 " "'""n°`"�°'"rduwu City of Lubbock Affwn n lMbftde of cemfied M^^wm ITB #98149 Affw nSoOe` Of Roof Renovations of West Section of civil rmgu mrs Maggie Trejo Supercenter Close Date: August 4, 1998 @ 2:00PM The following items take precedence over specifications for 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. Specification Section 07536, paragraph 1.7C, Warranty, shall be revised. The upper roof shall have a minimum NOL warranty of twenty (20) years. The lower roof shall have a minimum NOL warranty of ten (10) years. Warranty paper work shall clearly identify the number of years for coverage and to which roof level the warranty years apply. The existing hollow metal window system between the upper and lower roofs is not to be altered. ` 2. Specification Section 07536, paragraph 2.1, Materials, shall be revised. a. The upper roof shall remain as specified: modified bitumen on tapered insulation board. b. The lower roof shall be changed to be equal to Carlisle, Sure -Weld EPOM roof system over suitable substrate. r i Membrane material is to be at least .045 inches thick with reinforcement fibers, white exposed color, welded - seams, UL Class A and FM -90 ratings, and compatible roof penetration and flashing accessories. C. Metal flashings and trim are to be either galvalume finish or paint grip finish, depending upon location. Installations that will be visible when viewed from anywhere on the ground shall be paint gripe.painted to match the existing blue color scheme, unless instructed otherwise. All other installations shall be galvalume. ff i Architects 3. Drawing Sheet 2. Planners a. The existing hollow metal window system between the upper and lower roofs, shown on the plan, is not to be Engineers altered. The new EPDM roof membrane system is to be installed and sealed so as to be water tight with maximum slope possible. Slope is to be away from the hollow metal window frames, the back of parapets and building walls, and light well opening. Slope is to be toward the roof edges. 612 Broadway b. The new galvalume coping is to be set near the outside edge of the parapet as shown in the details. The Lubbock, Texas coping is to be set in a continuous bead of sealant. Sealant is to maintain a uniform elevation measured along the top face of bricks. Additional sealant is to be installed at each masonry joint to fill the pap below the 79401 continuous bead of sealant under the coping. Tool sealant so as to provide a smooth surface sloped toward 806.749.1153 the exterior face of the wall. Sealant is to be fully bonded to the masonry, mortar, and metal coping. Sealant is not to be visible when viewed from anywhere on the ground. fax 749. 1866 info@greenharvey.com C. The upper roof shall have slopes built as shown on the plan. J7 4GHaIA End of Addendum www.greenharvey.com s.Awvae wemle"O&MM P" or_ -m American Economy Insurance Company INDIANAPOLIS, INDIANA That we, Bid Bond Know all Men by these Presents H. Construction Systems, Inc. DBA Hamilton Roofing Company P.O. Box 2703 Lubbock, TX 79408 Of (hereinafter called the Principal). as Principal. and AMERICAN ECONOMY INSURANCE COMPANY (hereinafter called the Surety). as Surety. are held and firmly bound unto City of Lubbock (hereinafter called the Obligee) in the penal sum of Five percent of the .maximum amount of bid. Dollars ($ 51 ) for the payment of which the Principal and the Surety bind themselves. their heirs. executors, administrators, successors and assigns. jointly and severally. firmly by these presents. WHEREAS. the Principal has submitted a bid for Roof Renovations Of West Section At Maggie Trevo Super Center Bid #98149 NOW. THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract. or in the event of the failure of the Principal to enter such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid. then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and Sealed this 21st day of July 19 98 H. Construction Systems, Inc. DBA Hamilton Roofing Company Principal Pry. . c Witness t3y. Title AMERI AN ECONOMY INSURANCE COMPANY as� ,(l Witness y Shirley Couch' Attorney -in -Fact 39-1027 (10-89) I; err t i ,1 1 i PAYMENT BOND 1= i lift BOND CHECK BEST RpTII� u ucp4SED I!g TEMS �BY D kTE — STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) a OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) H. Construction Systems, Iuc. DBA KNOW ALL MEN BY THESE PRESENTS, that Hamiltou Roof iug Company (hereinafter called the Principal(s), as Principal(s), and American Ecouomy Insurance Compauy (hereinafter called the Surety(s), as Surety(s), are held and firmly bound ri gijy R Lubbock hereinafter called the Obligee), in the amount of Sixty—six thousand three hundred iiars' $ g 66, ( 33$ 4&f?ful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into certain w 'tten c ntr t with he abli ee, t 11th he of September 19 98 to Roof Renovations of {Fest gec �on A 1�Iaggie 7� �� Supe 4M Bid ;'98149 and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. j NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 11thday of September 19 98 H. Construction Systems, Inc. DBA American Economy Insurance Company Hamilton Roofing Company Surety Principal (Title) ttori ey=1n— rac (Title) By: (Title) By: (Title) G I� IE Ip !� JIM ` ' � thotdduly Texas, . and hereby | C�r���o o�n�uis�n��o / be delivered dos�no��o�--- .-_�--_--- ______�� Lubbock and on whom service of process may be had inmatters arising out ofsuch suretyship. American Economy Insurance Cxmupa ijk ' ---------�� Surety 01 X °By: Approved amtoform: ! City ofLubbock ' By: � City Attorney | °Note: Yfo' gnedbvanof5oorofthe ��urah/Con1ponythere mnuetbeonfile oma��edext�/ct�onnthe bv'bmvoshovvn8 , thotth�spaonh-^ authohh/bosign such ^ obligation. \fsigned byanAttorney inFact, xvemust have copy ofpower cf attorney for our files. ICMERICAN STATES GENERAL POWER OF ATTORNEY INSURANCE -•�"Nom NA^` American Economy Insurance company INDIANAPOLIS, INDIANA inUji ZQQ Y Z W 0� ,cc Z Z Q ZW Q cn W W a¢ 0- 00 00 ZZ r 111 OI oW t— U Z W Z<Z �cf)O LLZ LL U W ZQ a:U 0 W ¢Q OI CC ~ Z a s o t QQ <Z I"•" Q 0 s OD Z.0 111 — Q U) ULI H � 39-1459 (2.92) 4 KNOW ALL MEN BY THESE PRESENTS, that American Economy Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office In the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint ------------------------ MAX L. INCE OR SHIRLEY COUCH ------------------------- of Lubbock and State of Texas Its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute. acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, provided. however, that the penal sutra of any one such instrument executed hereundershall not exceed - FIVE MILLION AND N0/100 ($5.000,000,00) DOLLARS---------------- --- and to bind the Corporation thereby as fully and to the same extent as 9 such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s}in-Fact may do In the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Article VI, Section 7 of the By -Laws of the Amerio n Economy Insurance Company, which reads as follows: "The Chairman, the President or any Vice -President (including any Executive Vice -President, Senior Vice -President, Second Vice -President or Assistant Vice -President) shall have power, by and with the concurrence with any other officer of the Corporation, to appoint Attorneys -in -fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, American Economy Insurance Company has caused these presents to be signed by its Second Vice -President, attested by its Assistant Vice -President and its corporate seal to be hereto affixed this 20th day of June A.D. 199_. AMERICAN ECONOMY INSURANCE COMPANY ATTEST:— Ayte� IL.Adistant Vice -President STATE OF INDIANA SS COUNTY OF MARION By Second Vice- esident � ,C4° ``a, a Yc C. coS• On this 20th day of June , A.D., 19 95 , before me personally came Joseph F. _Heim , to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Second Vice -President of American Economy Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Helm further said that he is acquainted with John J. ROsich and knows him to be the Assistant Vice -President of said Corporation; and that he executed the a IRITA BROWN, Notary Publir. My Commission Expires: 12,,4195: Resident of Msrion County STATE OF INDIANA SS COUNTY OF MARION I. John J. Rosich the Assistant Vice -President of AMERICAN ECONOMY INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN ECONOMY INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Article VI, Section 7 of the By -Laws of AMERICAN ECONOMY INSURANCE COMPANY which reads as follows: "All policies and other instruments of Insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice -President, Senior Vice -President, Vice -President, Second Vice -President. or Assistant Vice -President) and the secretary, assistant secretary, or other officer, whose signatures, It the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." In witness whereof, 1 have hereunto set my hand and affixed the seal of said Corporation, this /_/27K- K- day of A.D., 194. tpc"" ccCy s � Assistant Vice -President THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN HEREOF IN RED INK, WITH A RED DIAGONAL IMPRINT — AMERICAN ECONOMY INSURANCE — PRESENT IN ITS ENTIRETY. IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL 317-262-6262 OR WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. t k i PERFORMANCEBOND i Job BOND CHECK BEST RATING ` LICENSED IN TEXAS DAT1=L�BY :v4 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) H. Construction Systems, Inc. DBA KNOW ALL MEN BY THESE PRESENTSHff*lton Roofin e9�RflFcalled the Principal(s), as Principal(s), and American Economy Insurance Company. (hereinafter called the Suretv(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of SSix�ty—six thousand three hundred�tsy($eight 66, 314awful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 11thay of September 1c398 to Roof Renovations of West Section At Maggie Trejo Supercenter Bid #98149 and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IS September ga SS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 11th day of American Economy Insurance Company Surety • By: (Title) or ey-'fn Fact H. Construction Systems, Inc. I Hamilton Roofing Company Princip , LeAl By: r (title) Pl�s: JAXA.•.- By. (Title) By: (Title) The under i ned suretWky4s&Rt any rresents that it is duly qualified to do business in Texas, and hereby designates Ince tisuranc�in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. American Economy Insurance Compal Surety *By:, (Title) Shirley Couch Approved as to Form City of Lubbock By: City Attorney " Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. a . AMEERIGAIL STATES GENERAL POWER OF ATTORNEY INSURANCE 'imeLIF011'"T10 &=PMT10N American Economy Insurance. Company 1NDIANAPbL18, INDIANA ?H �Z QW W Co a- Uj a¢ Qa ~O OZ Z co N UJII HU W=) Z<Z Z cn } 'rcl)� a�Z ILL 0 y, W ZQ cc 0 O Q W Qa �., 01 t W Z Z a °` J Q >Z Q C7 Q OD Z0 Q C0 UJ 2 = f- � 7rP9-1459 .92) KNOW ALL MEN BY THESE PRESENTS, that American Economy Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office In the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint ------------------------ MAX L. INCE OR SHIRLEY COUCH ------------------------- of Lubbock and State of Texas its true and lawful Attomey(sHn-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, Rrovided , however, that the penal sum of any one such instrument executed hereunder shall not exceed FIVE MILLION AND N0/100 ($5,000,000,00) DOLLARS ----------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)in-Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Article VI, Section 7 of the By -Laws of the American Economy Insurance Company, which reads as follows: "The Chairman, the President or any Vice -President (including any Executive Vice -President. Senior Vice -President, Second Vice -President or Assistant Vice -President) shall have power, by and with the concurrence with any other officer of the Corporation, to appoint Attorneys -in -fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, American Economy Insurance Company has caused these presents to be signed by its Second Vice -President, attested by its Assistant Vice -President and Its corporate seal to be hereto affixed this 20th day of. June A.D. 19_- 9 5 AMERICAN ECONOMY INSURANCE COMPANY AATTEST: By istant Vice -President Secon�sident Z,2=y4afc STATE OF INDIANA afy►�../,f COUNTY OF MARION } SS '+cE Co On this 20th day of June , A.D., 19--2-5 , before me personally came Joseph F. Heim , to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Second Vice -President of American Economy Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Heim further said that he is acquainted with John J. Rosich and knows him to be the Assistant Vice -President of said Corporation; and that he executed the above instrument. IRcITA BROWN, Notary Public My Commission Expires, Resident of Marion County Notary Public STATE OF INDIANAas �,tOtAN COUNTY OF MARION } I, John J. Rosich- theAssistantVice-President of AMERICAN ECONOMY INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN ECONOMY INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Article VI, Section 7 of the By -Laws of AMERICAN ECONOMY INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman. the president or any vice-president (including any Executive Vice -President, Senior Vice -President, Vice -President, Second Vice -President, or Assistant Vice -President) and the secretary, assistant secretary, or other officer, whose signatures, it the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this �r day of el A.D., 119 -IL CC Assistant Vice -President THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN HEREOF IN RED INK, WITH A RED DIAGONAL IMPRINT — AMERICAN ECONOMY INSURANCE — PRESENT IN ITS ENTIRETY. IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL 317.262-6262 OR WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. 41, N W No Text CUSTOMER 4, 10638 C E R T I F I C A T E O F I N S U R A N C E ISSUE DATE: 09/11/98 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS INCE INSURANCE AGCY INC I NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, PO BOX 64850 1 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LUBBOGK, TEXAS j COMPANIES AFFORDING COVERAGE ZIP CODE 79464 I 1 COMPANY LETTER A BITUMINOUS ---------------------------------------I I COMPANY LETTER B TWCI FUND I.CONSTR,UCTION SYSTEMS i COMPANY LETTER C P.Q. BOX 2703 1 COMPANY LETTER D LUBBOCK, TEXAS I ZIP CODE 79408 1 COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO;OITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co POLICY POLICY LTR TYPE OF INSURANCE POLICY NUMBER EFF. DATE LXP. DATE LIMITS [GENERAL LIABILITY Al (X) COMMERCIAL GENERAL LIABILITY 1 I CLP2299614 12/01/97 I 12/01/98 1 GENERAL AGGREGATE PRODUCTS—COMP/OP AGG. $ $ 2,000,000 2,000,000 1 ( ) CLAIMS MADE (X) OCCUR. I I PERSONAL 6 ADV. INJURY $ 11000,000 Al (X) OWNER'S A CONTRACTOR'S PROT. 1 CLP2299614 09/11/98 12/01/98 1 EACH OCCURRENCE 3 1,000,000 Al (X) CONTRACTUAL I I FIRE DAMAGE (ANY ONE FIRE) $ 50,000 1 (X) BROAD FORM PD ! I MED. EXPENSE (ANY ONE PERS) $ 51000 -------------------------------------------------------------------------•------------•---------------------------------- IAUTOMOBILE LIABILITY XI (X) ANY AUTO i I CAP2506722 12/01/97 I 12/01/98 1 COMBINED SINGLE LIMIT $ 11000,000 I ( ) ALL OWNED AUTOS I (X) SCHEDULED AUTOS I I BODILY INJURY (PER PERSON) $ 1 (X) HIRED AUTOS I (X) NON—OWNED AUTOS I I i I BODILY INJURY (PER ACC) $ 1 () GARAGE LIABILITY I ( ) ! f I I PROPERTY DAMAGE 1EXCESS LIABILITY Al (X) UMBRELLA FORM I I CUP1887632 12/01/97 I 12/01/98 1 EACH OCCURRENCE $ 11000100C I () OTHER THAN UMBRELLA FORM 1 I AGGREGATE $ --------------------------------------------------------------------------------------------------------- — — I I I ( ) STATUTORY LIMITS 81 WORKER'S COMPENSATION I TSFOO10588202 12/01/97 12/01/98 1 EACH ACCIDENT $ 500,00( B1 1 DISEASE—POLICY LIMIT $ 500,00( EMPLOYER'S LIABILITY i i DISEASE—EACH EMPLOYEE $ 500,00( --I ------------------------------------ A10BUILDERS RISK --------------------------------------- i CLP2299614 09/01/98 ----------------------------------------- 12/01/98 1 $66,338.00 NAMED INSURED I $`00 DED "ALL RISK" I I CITY OF LUBBOCK *98149. a ----------------------------------------------------------------------------------------------------------------------- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS NAMED INSURED., H CU14STRUCTION SYSTEMS, INC DBA HAMILTON ROOFING COMPANY AND HAMILTON ACOUSTICAL COMPANY.CERT HOLDER IS ADD'L INSURED ON G.L. 6 AUTO, ALSO WAIVER APPLIES ON G.L., AUTO, & W.COMP FOR JOB $66,538 BID Y98149. ! CERTIFICATE HOLDER = -----------=—=====I CANCELLATION I CITY OF LUBBOCK I SHOULD ANY 017 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN: PURCHASING DEPT. I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 7 PO BOX 2000 1 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, LUBBOCK, TX I BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ZIP CODE 79457 1 OF ANY KIND UPON EHE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1 AUTHORIZED REPRESENTATIVE/M43C 7 `ACORD 25—S ACORD CORPORATION 198 r d i r CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Agent (Signature) Name of Agent/Broker: i". f Address of Agent/Broker: City/State/Zip: r Agent/Broker Telephone Number: Date: CONTRACTOR'S NAME: Agent (Print) (Print or Type ) E CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)775-2165. 6!D #98149 - ROOF RENOVATIONS OF WEST SECTION AT MAGGIE TREJO SUPERCENTER r r CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental f., entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6 notify the governmental entity in writing b certified mail or personal delivery, within ten (10) days after the () fY 9 h' 9 Y r contractor knew or should have known, of any change that materially affects the provision of coverage of I any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 0 7 7, 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. 7 (: N No Text r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 27th day of August. 1998 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Hamilton Roofing Company of the City of Lubbock. County of Lubbock and the State of Lubbock hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 98149 - ROOF RENOVATIONS OF WEST SECTION AT MAGGIE TREJO SUPERCENTER - $66,338.00 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 fumish 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. C 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. APPROVED AS TO FORM: City Attorney ATTEST: Corporate Secretary s f CONTRACTOR: HAMILTON ROOFING COMPANY �j' By: W • L PRINTED NAME: LOU16 V'✓- TITLE: Vier— PXis I DAu^' COMPLETE ADDRESS: Hamilton Roofing Company PO Box 2703 Lubbock, Texas 79408 i ;� � i; M� �, } � i _ �,, s i,.. _ ft GENERAL CONDITIONS OF THE AGREEMENT 7 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. r 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co - r• partnership or corporation, to wit HAMILTON ROOFING COMPANY 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. i 4. CONTRACT DOCUMENTS a 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 j 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," t^ "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. B. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished 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. FM r I _ ti 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 insure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor, shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE ` The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance �- of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. i. 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. i The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING ,.• It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature'; and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of 'the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's' Representative and Contractor. 3 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 WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject -' any 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. u 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. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. I 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 r, the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, r" 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 r 5 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°/x, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making Written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement 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 prior to 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. 6 Z r r� 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, ' 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 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 $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Ilk 7 Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $1,000,000 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, $300,000 Combined Single Limit, _ to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. r E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of Jq.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. _ F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: _ Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (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 8 r I"" 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 (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. c. 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, r within 10 days after the Contractor knew or should have known, of any change that materially k 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 Poo I 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. to 9. The Contractor shall contractually require each person with whom it contracts provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; i (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; 9 (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance �. 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 entities 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. 10 t t(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. >I l (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; i (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 t� (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; �.. (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: >I l REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: ,1 (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage _. showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; -- 12 Pm (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 row individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee tcompensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATER.IALMEN, 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 i" indebtedness. P 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 r 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 4 that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular w• 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 4 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. i i 13 t: 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 $300.00 (THREE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly, understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 i t. 7 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the E 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 t•.. 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 grat 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 r" 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 r� agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ g 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. 15 4 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 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 Owners 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. 16 I 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 certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete I the work within the time provided in this contract. + 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. { 45. CORRECTION OF WORK i 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. r 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. j 17 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the -- written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or - credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of 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 18 i t would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would d 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 1 Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, ,.� however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of I such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than r the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The 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. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 19 I 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. _ 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form; in the construction of, or incorporation into, the — Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or , asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum -� products or byproducts and/or asbestos. 20 No Text Resolution No. 5121 March 14, 1996 Item #19 r l RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8. 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: j Exhibit A: Building Construction Trades f Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate i Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Polk f ' i i r r - j 0 Passed by the City Council this 14th ATTEST: i&e;:7La 4� Betty M. Mmon. City Secretary APPROVED AS TO CONTENT: Mary AndrWws, Managing Director of Human Resources APPROVED AS TO FORM: Rafold Willard. Assistant City Attorney H W :dalccdocs/pubworks. res February 14, 1996 a 6 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 IW4'11: ' Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Simper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 r r11a1DIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. No Text Project Book City of Lubbock Reroof West Portion Maggie Trejo Supercenter 3200 Amherst Lubbock, Texas E ` GHA, Inc. Project 9803 k d W. I June 1998 1. Flo Green Harvey Architects, Inc. 612 Broadway Lubbock, Texas 79401 806-749-1153 fax 749-1866 www.greenharvey.com Set No. C r City of Lubbock Reroof West Portion: Maggie Trejo Supercenter Lubbock, Texas June 1998 Green Harvey Architects, Inc. Architects -Planners -Engineers GHA, Inc. Project 9803 Table of Contents Bidding Requirements and Conditions of the Contract Provided by the City of Lubbock Purchasing Department Division 1 General Reauirements 01010 Summary of Work 01040 Coordination and Meetings 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Facilities 01600 Material and Equipment 01700 Contract Closeout Division 2 Site Work 02050 Demolition NOT USED OTTWI MI, SAWPDATM9803WOC TABLE OF CONTENTS TC - 1 F Division 5 Metals 7 NOT USED Division 6 Wood and Plastic r - i t NOT USED Division 7 Thermal and Moisture Protection �., 07536 Modified Bitumen Roofmg 07900 Joint Sealers Division 8 Doors and Windows NOT USED Division 9 Finishes 09900 Painting Division 10 Specialties k NOT USED Division 11 Equipment NOT USED Division 12 Furnishing l : NOT USED r Division 13 Special Construction r NOT USED Division 14 Conveying Systems ! NOT USED r" SAWPDATAMR7W TABLE OF CONTENTS TC - 2 i t Division 15 Mechanical NOT USED Division 16 Electrical NOT USED SAWPDATA\9803\TOC TABLE OF CONTENTS TC -3 7 r�i Im SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Work covered by Contract Documents. B. Coordination of hazardous material. C. Owner's responsibilities. D. Contractor's use of site and premises. E. Owner occupancy of the facility.. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Work of this project includes all items shown and/or described in the bid documents for this facility renovation project. B. Work includes the removal and proper disposal of existing built-up roof system and related flashings. C. The scope of work includes the installation of a modified bitumen roof system to the limits shown. 1.4 OWNER'S RESPONSIBILITIES A. Assist the contractor in maintaining job site safety by instructing employees of the potential dangers at the site. B. Provide access for the contractor to portions of the existing site as may be required for this project. C. Provide parking and storage space for contractor's employees, equipment, and materials. 1.5 CONTRACTOR'S USE OF SITE AND PREMISES A. Limit the use of site and premises to allow: 1. Owner occupancy. 2. Work by others. 3. Use of site and adjacent building premises. SUMMARY OF WORK 01010-1 1.6 OWNER OCCUPANCY A. The owner will occupy the site and adjacent buildings during entire period of construction for the conduct of normal operations. Occupants include children and special precautions should be taken to insure their safety. B. Cooperate with owner to minimize conflict, and to facilitate owner's operations. 1. Temporary interruptions must be scheduled at least 48 hours in advance. 2. The facility is not to be closed due to utilities for any period of time. 3. Maintain a clear path for emergency vehicles at all times. C. Schedule the work to accommodate these requirements. D. Contractor is responsible for the safety of visitors to the job site. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION SUMMARY OF WORK 01010-2 SECTION 01090 REFERENCE STANDARDS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance. B. Schedule of references. C. Adherence to accessibility standards. 1.3 RELATED SECTIONS A. General Conditions: Reference Standards. 1.4 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of contract documents. C. Obtain copies of standards when required by contract documents. . D. Should specified reference standards conflict with contract documents, request clarification from architect before proceeding. E. The contractual relationship of the parties to the contract shall not be altered from the contract documents by mention or inference otherwise in any reference document. 1.5 SCHEDULE OF REFERENCES AA Aluminum Association AABC Associated Air Balance Council AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADA Americans with Disabilities Act C 1998 Gran Harvey Architects, Inc. Unauthorized duplication prohibited. REFERENCE STANDARDS 01090-1 ADC Air Diffusion Council AGC Associated General Contractors of America AIA American Institute of Architects Al Asphalt Institute AISC American Institute of Steel Construction AISI American Iron and Steel Institute AMCA Air Movement and Control Association ANSI American National Standards Institute APA American Plywood Association ARI Air -Conditioning and Refrigeration Institute ARMA Asphalt Roofing Manufacturers Association ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood -Preservers' Association AWS American Welding Society AWWA American Water Works Association BIA Brick Institute of America CRSI Concrete Reinforcing Steel Institute DHI Door and Hardware Institute FGMA Flat Glass Marketing Association FM Factory Mutual System FS Federal Specification GA Gypsum Association IRWC Institute of Roofing & Weatherproofing Consultants REFERENCE STANDARDS 01090-2 C. Where new work abuts or aligns with existing, perform a smooth and even transition. Patched work to match existing adjacent work in texture and appearance. Notify owner's representative € if conditions will not allow an acceptable transition. D. When finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to the owner's representative. 1.5 EXISTING CONDITIONS A. Damage to existing systems: Whether exposed or concealed, any piping (such as piping for gas, water, waste, vent, drainage, sewer, heating, or cooling systems, etc.) or wiring (such as wiring for electric lighting, power, public address, telephone; or signalling systems, etc.) which is encountered during the construction period and becomes damaged shall be repaired or replaced at a mutually agreed price. Only life and property threatening conditions may be repaired prior to a fully executed field order. 1.6 PRE -CONSTRUCTION CONFERENCE A. Attendance: After award of contract and prior to start of construction, contractor's direct representative, major subcontractors, owner's employees responsible for project, architects and engineers shall attend conference. Time and location as scheduled by owner's representative. B. Agenda: 1. Execution of Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of subcontractors, list of products, Schedule of Values, and progress schedule. 5. Designation of personnel representing the parties in contract. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Use of premises by owner and contractor. 8. Owner's requirements. 9. Security and housekeeping procedures. 10. Project Schedules. 11. Procedures for maintaining record documents. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED 7 END OF SECTION COORDINATION AND MEETINGS 01040-2 SECTION 01040 COORDINATION AND MEETINGS PART GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Coordination. B. Renovation project procedures. C. Existing conditions. D. Pre -Construction conference. 1.3 COORDINATION A. Contractor shall coordinate scheduling, submittals, and work of the various sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Do not commence work at the site until all of the materials and equipment to be incorporated into the project are on the site or within one day of delivery to the site. �. C. The contractor shall schedule and coordinate the work so that once Notice to Proceed is given and work commences, the work will progress continually without interruption until the work at the site is substantially completed. D. Contractor shall coordinate completion and clean up of work in preparation for substantial completion. E. Contractor shall coordinate all construction activities and storage of materials with the City of Lubbock representative so as to minimize disruption of activities at the sites. The facilities shall continue their daily activities throughout the life of this contract. 1.4 RENOVATION PROJECT PROCEDURES A. Materials: As specified in product sections; where aesthetics are concerned, match existing products and work for patching and extending work. B. Remove, cut, and patch work in a manner to minimize damage and to provide a means of restoring products and finishes to original condition. COORDINATION AND MEETINGS 01040-1 ° 1998 Green Harvey Architects, Inc. Unauthorized duplication prohibited. r MBMA Metal Building Manufacturers Association. ML/SFA Metal Lath/Steel Framing Association NAAMM National Association of Architectural Metal Manufacturers NCMA National Concrete Masonry Association NEMA National Electrical Manufacturers' Association NFPA National Fire Protection Association NWMA National Woodwork Manufacturers Association PIMA Polyisocyanuate Insulation Manufacturers Association PCA Portland Cement Association PS Product Standard SDI Steel Deck Institute SDI Steel Door Institute SJI Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractors' Association TAS Texas Accessibility Standards UL Underwriters' Laboratories, Inc. WCLIB West Coast Lumber Inspection Bureau WWPA Western Wood Products Association PART 2 PRODUCTS NOT USED PART 3 EXECUTION A. The general contractor and all sub -contractors constructing, installing, or providing materials for this project shall provide and/or install building components that comply with these standards. . END OF SECTION REFERENCE STANDARDS 01090-3 SECTION 01300 �* SUBMITTALS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Submittal procedures. B. Construction Progress Schedules. C. Shop drawings. D. Samples. E. Manufacturer's instructions. F. Manufacturer's certificates. G. Submittal Schedule. H. AIA Form G702 - Application and Certificate for Payment. I. AIA Form G703 - Continuation Sheet. 1.3 RELATED SECTIONS A. Section 01700 - Contract Closeout: Contract warranty and closeout submittals. 1.4 SUBMITTAL PROCEDURES A. Transmit each submittal with AIA Form G810 or contractor's standard preprinted transmittal form. Identify the project title, project number, numbers of copies submitted, notice of deviation from contract documents and any other pertinent data. B. Sequentially number the transmittal forms. C. Identify project, contractor, subcontractors or supplier; pertinent drawing sheet and detail number(s), and specification section number, as appropriate. D. Coordinate and schedule submittals to expedite the project. E. Green Harvey Architects, Inc. shall receive, review, and approve all submittals. Submittals are to be delivered to the architect's business address, 612 Broadway, Lubbock, Texas. 1998 Green Harvey Architects. Ina 01300-1 unauthorized duplication prohibited. SUBMITTALS t . 1.5 CONSTRUCTION PROGRESS SCHEDULES None required for this project. 1.6 SHOP DRAWINGS A. Submit shop drawings with all product literature, cut sheets, and photographs in a bound format. B. Submit the number of copies which the contractor requires, plus three copies which will be retained by the architect and owner. C. Mark in GREEN INK each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this project. The architect's review comments will be in RED INK. D. Apply contractor's stamp, signed, or initialed certifying that review, verification of products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the work and contract documents. Submittals delivered to the architect for review that have not been stamped and initialed will be returned without review. E. Identify variations from contract documents and product or system limitations which may be detrimental to successful performance of the completed work. F. Provide space for architect's review stamps. G. Revise and resubmit shop drawings as required, identify all changes made since previous submittal. H. Distribute copies of reviewed shop drawings to concerned parties. Instruct parties to promptly report any inability to comply with provisions. I. Provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.7 SHOP DRAWING REVIEW ' A. The architect shall affix a stamp upon the submittal with appropriate wording stating if submittal is accepted, accepted with noted revisions, revise and re -submit, or rejected. Rejected submittals are to be completely re -worked and submitted as a new submittal. B. The contractor shall not begin work or order material for which a submittal is required until a submittal has been stamped accepted or accepted with noted revisions and returned to the contractor. C. Schedule submissions at least 14 working days before date reviewed submittal will be needed. The r— architect shall be allowed 14 working days for each submittal review. D. The architect shall notify the contractor when submittals are reviewed and ready for inclusion into the project. E. The architect shall review the same shop drawing submittal no more than two times. If more than two submittals are required in order to achieve an accepted submittal, the contractor shall be charged $100.00 per hour for each review beyond the initial two. The architect's review fee shall be paid by the contractor in full prior to the release of the accepted shop drawings. SUBMITTALS 01300-2 6, r F1.8 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing with work. B. Submit samples of finishes from the full range of manufacturers' standard colors or in custom colors selected, textures, and patterns for architect's selection. C. Include identification on each sample, with full project information. D. Submit the number or samples specified in individual specification sections. Provide at least two copies of each item being submitted for review and selection. These copies will not be returned. E. Reviewed samples which may be used in the work are indicated in individual specification sections. 1.9 MANUFACTURERS INSTRUCTIONS A. When specified in individual specification sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for product data. B. Identify conflicts between manufacturers' instructions and contract documents. 1.10 MANUFACTURER'S CERTIFICATES A. When specified in individual specification sections, submit manufacturers' certificate to architect for review, in quantities specified for product data. B. Indicate that material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or product, but must be acceptable to architect. PART PRODUCTS NOT USED PART 3 EXECUTION 3.1 SUBMITTAL SCHEDULE Section No. Section Title Paragraph 01700 .................... Contract Closeout ..................... 1.3 ...........................................................1.6 ...........................................................1.7 .........................................................1.8 ........................................... ..............1.9 02050 .................... Demolition .......................... 1.3 07536 .................... Modified Bitumen Roofing ................ 1.7 END OF SECTION r SUBMITTALS 01300-3 r SECTION 01400 ANNE QUALITY CONTROL C PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance and control of installation. B. References. C. Field samples. D. Inspection and testing laboratory services. 1.3 RELATED SECTIONS A. Section 01090 - Reference Standards. B. Section 01300 - Submittals: Submission of Manufacturers' Instructions and Certificates. C. Section 01600 - Material and Equipment: Requirements for material and product quality. D. Individual Specification Sections: Inspections and tests required and standards for testing. 1.4 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with contract documents, request clarification from architect before proceeding. D. Comply with specified standards as a minimum quality for the work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. ° 1998 Gran Harvey Architects, Inc. QUALITY CONTROL 01400 - 1 Unauthorized duplication prohibited.. 1.5 REFERENCES A. Conform to reference standard by date of issue current on date of contract documents. B. Obtain copies of standards when required by contract documents. C. Should specified reference standards conflict with contract documents, request clarification from architect before proceeding. D. The contractual relationship of the parties to the contract shall not be altered- from the contract documents by mention or inference otherwise in any reference document. E. ANSI/ASTM E329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials Used in Construction. 1.6 FIELD SAMPLES A. Install field samples at the site as required by individual specifications sections for review. B. Acceptable samples represent a quality level for the work. C. Where field sample is specified in individual sections to be removed, clear area after field sample has been accepted by architect. 1.7 OWNER'S INSPECTION AND TESTING LABORATORY SERVICES A. Owner may employ and pay for services of an independent testing laboratory or owner may use its own personnel and facilities to perform inspection and testing laboratory services. B. If the results provided by the Owner's laboratory differ from the contractor's laboratory report, the owner's laboratory shall be final. C. Work found to be unsatisfactory according to test results, shall be removed from the project and re -constructed at contractor's expense. 1.8 CONTRACTOR'S INSPECTION AND TESTING LABORATORY SERVICES A. The contractor shall employ and pay for a reputable testing laboratory to perform inspections, tests, and other services specified in individual specification sections and as required by the architect. B. The testing laboratory shall be submitted to the architect for review and acceptance two weeks prior to the first sampling of construction materials. i . Submittal shall provide years of experience qualifications and certificates of owners, and name lab representative who will be responsible for this project. C. Reports will be submitted directly to the architect from laboratory, in duplicate, indicating observations and results of test and indicating compliance or non-compliance with contract documents. Copies of reports shall also be sent to the contractor for his use. QUALITY CONTROL 01400-2 r� D. Cooperate with testing laboratory: furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. 1. Notify testing laboratory 24 hours prior to expected time for operations requiring services. 2. Make arrangements with testing laboratory and pay for additional samples and tests required for contractor's use. E. Retesting required because of non-conformance to specified requirements shall be performed by the same testing laboratory on instructions by the architect. Payment for retesting will be charged to the contractor by deducting inspection or testing charges from the contract sum. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION QUALITY CONTROL 01400-3 r SECTION 01500 CONSTRUCTION FACILITIES CONSTRUCTION FACILITIES 01500-1 PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this r Section. ` 1.2 SECTION INCLUDES A. Sanitary Facilities: Contractor's employees, state employees and public. C. B. Temporary Utilities: Electrical, water, sewer, gas and telephone. C. Field Offices: Services and size. l D. Temporary Controls: Barriers, enclosures and fencing, protection of the work, and water control. E. Construction Facilities: Parking and progress cleaning. 1.3 RELATED SECTIONS A. Section 01700 - Contract Closeout: Final cleaning. 1.4 TEMPORARY SANITARY FACILITIES r A. Provide and maintain required facilities and enclosures. Contractor shall provide portable toilets for workers. 1.5 TEMPORARY UTILITIES A. Contractor shall, within reason, use the facility's water and power. ! B. All temporary utility connections and distribution shall be approved by owner and respective local utility companies, and shall be removed by contractor at completion of construction. r- 1.6 TEMPORARY FIELD OFFICES A. At Contractor's option, provide weather tight enclosure with lights, telephone, and layout table for drawings. B. Facility shall be large enough to allow for at least three people to stand and meet comfortably. E 1.7 BARRIERS I A. Provide suitable barriers to prevent unauthorized entry to construction areas while still allowing access for owner's use of site. Protect existing facilities and adjacent properties from damage during construction operation and demolition. Type of barrier to be used will be at the discretion of the contractor and the circumstance involved. The contractor to submit proposed barrier for review and approval by owner. '. B. Protect vehicular traffic, stored materials, site, and structures from damage. CONSTRUCTION FACILITIES 01500-1 N C. Clearly post warning signs all around the work sites. Signs are to be secured to the barriers. D. Suitable barriers include durable solid partitions, chain-link fences, temporary dust and acoustic partitions and woven fabric. Suitable barriers do not include ropes or warning tape tied to saw horses or similar devices. E. Prohibit traffic through landscaped areas. 1.8 PROTECTION OF INSTALLED WORK A. Protect installed work and provide special protection where specified in individual specification sections. B. Provide temporary and removable protection for installed products. Control activity in the -- immediate work area so as to minimize damage of installed work. 1.9 SECURITY A. Contractor shall provide security and facilities to protect work, existing facilities, and owner's operations directly adjacent to new construction from unauthorized entry, vandalism, or theft. B. The loss of building materials and/or equipment from the job site will be replaced with same at contractor's expense. C. Coordinate with owner's security program. _ 1.10 PARKING A. Arrange for temporary parking areas to accommodate construction personnel. _ B. Coordinate with owner for owner's employee parking. C. When site space is not adequate, provide additional off-site parking. -- 1.11 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean, orderly condition. B. Remove waste materials, debris, and rubbish from site weekly and dispose off-site. C. Do not allow hazardous conditions to develop or continue. This shall include lumber with un -pulled nails and concrete with projecting rebars. 1.12 REMOVAL OF TEMPORARY UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to substantial completion inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. D. Remove all job signs, barriers, fences, controls and repair holes dug for posts. CONSTRUCTION FACILITIES 01500-2 1.13 HAUL ROUTE A. All materials, tools, equipment, etc. shall be transported the shortest route possible. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION CONSTRUCTION FACILITIES 01500-3 r fall SECTION 01600 r" MATERIAL AND EQUIPMENT PART GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 1.3 RELATED SECTIONS A. Instruction to Bidders: Product options and substitution procedures. 1.4 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the work. Does not include machinery and equipment used for preparation, fabrication, conveying, and erection of the work. Products may also include existing materials or components required for salvage and reuse. B. Do not reuse materials and equipment removed from existing premises, except as specifically permitted by the contract documents or as approved by the architect. C. For similar components provide interchangeable components of the same manufacturer. D. All materials shall be asbestos -free. 1.5 TRANSPORTATION AND HANDLING A. Transport and handle products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. rr" ° 1998 Green Harvey Architects, Inc. IiUnauthorized duplication Prohibited. MATERIAL AND EQUIPMENT 01600 - 1 r I 1.6 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery: -- 1. Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original unopened containers or packaging with identify labels intact and legible. 2. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation in order to avoid unnecessary delays in the construction process. B. Storage: 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off-site storage and protection when site does not permit on-site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide mixing -r with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. -- 7. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions. C. Handling: 1. Handle materials, products and equipment in a manner prescribed by the manufacturer or as required to protect from damage during storage and installation. _ 2. Do not handle material in such a way that may leave permanent scars, dents, impressions, cracks, or blemishes. 1.7 PRODUCT OPTIONS A. Products specified by reference standards or by description only: Any product meeting those standards or description. B. Products specified by naming one or more manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products specified by naming one or more manufacturers with a provision for substitutions: Submit a request for substitution for any manufacturer not named. 1.8 SUBSTITUTIONS A. Instructions to bidders specify time restrictions for submitting requests for substitutions during the bidding period to requirements specified in this section. B. Substitutions may be considered after the bid date only when a product becomes unavailable through no fault to the contractor. �— MATERIAL AND EQUIPMENT 01600-2 a , C. Document each request with complete data substantiating compliance of proposed substitution with contract documents. D. A request constitutes a representation that the contractor: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the substitution as for the specified product. 3. Will coordinate installation and make changes to other work which may be required for the work to be complete with no additional cost to owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse for review or redesign services associated with re -approval by authorities. E. Will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the contract documents. F. Substitution Submittal Procedure: 1. Submit three copies of request for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product's equivalence. 3. The architect will notify contractor, in writing, of decision to accept or reject request. 1.9 CONTRACTOR'S CONSTRUCTION METHODS OPTIONS A. Where contract documents indicate no specific method of construction, the contractor shall employ standard industry practices. B. Where contract documents indicate a specific method of construction, the contractor shall employ the method indicated or, at his option, may submit a written request for an alternate method of construction. C. Architect/engineer will consider written requests for alternate construction methods, if received in time as to allow for review and return of such requests and for alternation to be made with no delay to total construction methods. See contract for total working days allowed. D. Submit separate requests for each alternate. Support each request with three copes of complete details and/or documentation for alteration. 1. Indicate changes of materials to be used. 2. Show significant effects of alterations to other affects of alterations to other affected areas. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED FEND OF SECTION MATERIAL AND EQUIPMENT 01600-3- I 1600-3 e SECTION 01700 CONTRACT CLOSEOUT PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. G. Spare pans and maintenance materials. H. Starting of systems. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that contract documents have been reviewed, work has been inspected, and that work is complete in accordance with contract documents and ready for architect's inspection. B. Final payment will be authorized only after all requirements of this section have been met, all punch list items have been completed and verified by the architect, updated record documents have been delivered to the architect, and complete operation and maintenance manuals have been delivered to the architect. Submit final application for payment identifying total adjusted contract sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a sanitary condition. 1998 Green Harvey Architects, Inc. unauthorized duplication prohibited. CONTRACT CLOSEOUT 01700- 1 D. Replace filters of operating equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. F. Clean site; sweep paved areas and rake clean landscaped surfaces. G. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. B. Demonstrate operation to owner and architect. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the work: 1. Contract drawings. 2. Specifications. 3. Addenda. -- 4. Change orders and other modifications to the contract. 5. Reviewed shop drawings, product data, and samples. Record all actual revisions to the work. B. Store record documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: — 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by addenda and modifications. E. Record documents and shop drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish main floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, -- referenced to visible and accessible features of the work. 4. Field changes of dimension and detail. 5. Details not on original contract drawings. F. Submit documents to architect with claim for final application for payment. 1.7 OPERATION AND MAINTENANCE DATA A. Submit two complete sets of operation and maintenance data prior to final payment. Information is to be organized on 8-1/2 x 11 inch pages, bound in three ring binders with durable plastic ... covers. CONTRACT CLOSEOUT 01700-2 0 C B. Prepare binder covers with printed title "Operation and Maintenance Instructions", title of project, and subject matter of binder when multiple binders are required. t., 1. Label multiple binders as "Volume I of II" and Volume II of II", as appropriate. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified. E. Part 1: Directory, listing names, addresses, and telephone numbers of architect, contractor, subcontractors, and major equipment suppliers. F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. . 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for special finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. G. Part 3: Project documents and certificates, including the following: 1. All approved shop drawings and product data. 2. Hauling and dumping permits, receipts, and/or manifest. 3. Air and water balance reports. 4. Written statement certifying that all building materials installed in project are asbestos free. 5. Natural gas pressure test and certification. 6. Contractors' Affidavit of Payment of Debts and Claims. Use latest version of AIA Documents G706 and G706A. 7. Certificates issued by the architect; change orders, addenda, field reports, etc. 8. Photocopies of manufacturers' warranties and bonds. 9. General Contractor's and Sub -Contractors' warranties. 1.8 WARRANTIES A. Provide a written warranty on contractor's business letterhead stating that the building is warranted against defects in material and labor for a period of one year from date of final acceptance. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION CONTRACT CLOSEOUT 01700-3 It SECTION 02050 ,... DEMOLITION PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Dust control. B. Protection. C. Availability of work areas. 1.3 RELATED SECTIONS A. Section 01500 - Construction Facilities. 1.4 SUBMITTALS A. The procedures proposed for the accomplishment of salvage and demolition work shall be submitted for approval. The procedures shall provide for safe conduct of the work, careful removal and disposition of materials specified to be salvaged, protection of property which is to remain undisturbed, and coordination with other work in progress. The procedures shall include detailed description of the methods and equipment to be used for each operation, and the sequence of operations. 1.5 GENERAL REQUIREMENTS A. The work includes demolition or removal of existing construction indicated or specified. All materials resulting from demolition work, except as indicated or specified otherwise, shall become the property of the contractor and shall be removed from the limits of owner's property within five working days of dismantling. B. Maintain a clean and organized job site throughout the demolition phase of the work. C. Coordinate the removal of any security devices with the owner's security representative. D. Coordinate construction routes through existing, undisturbed portions of the facility with the architect prior to beginning demolition. 1998 Gran Harvey Architects, Inc. unauthorized duplication prohibited. d u DEMOLITION 02050- 1 1.6 DUST CONTROL A. The amount of dust resulting from demolition shall be controlled to prevent the spread of dust to occupied portions of the building and to avoid creation of a nuisance in the surrounding area. Use of water will not be permitted when it will result in, or create, hazardous or objectionable conditions such as ice, flooding and pollution. B. Maintain barriers until that portion of the project is complete. 1.7 PROTECTION A. Protection of Existing Work: Before beginning any demolition work, the contractor shall carefully survey the existing work and examine the drawings and specifications to determine the extent of the work. The contractor shall take all necessary precautions to ensure against damage to existing work to remain in place, any damage to such work shall be repaired or replaced at no additional cost to the owner. The contractor shall carefully coordinate the work of this section with all other work and construct and maintain shoring, bracing and supports, as required. B. Isolate demolition areas from occupied portions of the building with suitable barriers. Suitable barriers include those described in Section 01500, 1.7 Barriers and Part 2 of this section. 1.8 AVAILABILITY OF WORK AREAS A. Areas in which demolition work is to be accomplished will be available in accordance with the provisions of these specifications. Coordinate work with owner's activities. Restrict unauthorized access to the project site, unless other wise instructed by the architect. PART 2 PRODUCTS 2.1 DUST BARRIERS A. Minimum of 12 mil polyethelene sheets adequately secured to supports with duct tapes, staples, cleats, nails, etc. Replace sheet if tears or holes can not be closed satisfactory. B. Provide an access door in dust barrier that can be locked or secured close. C. Brightly colored warning signs are to be attached to barrier and continually maintained throughout the life of the barrier. PART 3 EXECUTION 3.1 EXISTING FACILITIES A. Existing Surfacing: Existing walks and wall surfaces are not to be damaged during demolition. Protect from damage with suitable measures. B. Other Facilities: Remove within the limits shown to a logical and straight termination as noted on the drawings. C. Temporary: Those materials noted to be temporarily removed, to allow access to areas affected by this work and then re -installed to match existing adjacent materials, shall be protected from damage and stored on site as directed. DEMOLITION 02050-2 i END OF SECTION DEMOLITION 02050-3 k 3.2 DISPOSITION OF MATERIALS A. Title to Materials: Title to all materials and equipment to be demolished is vested in the contractor upon receipt of notice to proceed. Items noted to be salvaged shall be returned to the owner and stored as directed. B. Disposition: All materials resulting from demolition shall be disposed by the contractor in accordance with all applicable laws, codes, and ordinances. 3.3 CLEAN-UP E A. Debris and Rubbish: Debris and rubbish shall be removed from work sites on a regular basis. Only by prior approval of the architect will debris and rubbish be allowed to accumulate on the 44 site for more than a week. B. Debris Control: Debris shall be removed and transported in a manner as to prevent spillage on streets or adjacent areas. C. The contractor is not permitted to use owner's refuse containers. D. Regulations: Applicable federal, state and local regulations regarding hauling and disposal apply. Provide copies of hauling and dumping permits, receipts, or manifest to architect. Include copies in operations and maintenance manual. E. Cleanliness of Site: Due to the high visibility of the site and potential danger to the public, maintaining a clean and safe site will be critical. i END OF SECTION DEMOLITION 02050-3 gPOO { II SECTION 07536 MODIFIED BITUMEN ROOFING PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 GENERAL NOTES A. This contract shall include all roofing, rigid roof insulation, sheetmetal flashings required to complete the work as specified herein and called for on the drawings. B. For the purpose of establishing a standard, the products of the Manville Company of Denver, Colorado, and the GAF Building Materials Corp. of Wayne, New Jersey, are used herein. Alternate products of equal quality will be considered subject to the final approval of the architect. C. This contract shall provide a warranty as called for to cover the entire roofing system. 1.3 RELATED SECTIONS A. Section 07900 - Joint Sealers. B. Division 15 - Mechanical. 1.4 JOBSITE STORAGE OF FELTS A. Roofing felts shall be delivered to the job site in a dry condition from the contractor's warehouse and shall be stockpiled on pallets in a vertical position. Felts shall then be covered with plastic sheets securely tied in place to protect felt rolls from rain or other moisture penetration. B. Where felts are temporarily stockpiled on the roof, wood pallets shall be used to elevate rolls from the deck. Felts shall be kept covered until incorporated into the roofing system. C. Care shall be maintained throughout the work to prevent overloading of the existing structure with concentrated piles of roofing materials. Such materials shall be distributed over the roof such that excessive loading of the structure does not occur. 1.5 NOTIFICATION A. The architect shall set a date and time for a pre -roofing conference. Notify the architect at least five working days in advance of the date desired to start roofing operations in order to schedule conference. B. Roofing materials shall be reviewed by the architect at the job site during the pre -roofing conference. The roofing contractor shall have at least a portion of all materials to be used on the project available at the job site during the conference. 1998 Green Harvey Architects, Inc. Unauthorized duplication prohibited. S 1 MODIFIED BITUMEN ROOFING 07536-1 1.6 CLEAN UP A. Roofing contractor shall exercise care to prevent scattering of debris during roofing operations. Paper wrappers, scrap felt, etc., shall be weighted to prevent blowing. B. No burning of debris will be permitted on the job site. Remove such debris from the site and haul to the public landfill area. C. Measures shall be taken to protect adjacent areas and surfaces from being stained by over mopping of hot asphalt. All over mopping shall be removed from the surface as soon as possible, not at the completion of the project. 1.7 WARRANTY A. Roofing contractor shall be approved by the accepted roofing manufacturer prior to commencement of roofing installation. _ B. Contractor shall arrange for such inspections as may be required by the roofing manufacturer as the work progresses. C. Upon completion, furnish to the owner a ten year no dollar limit (NDL) warranty issued by the accepted roofing manufacturer. The contractor shall include in his bid the cost of such warranty. 1. Twenty year NDL is desired for all new roofs. The vertical dimension limitations along the clerestory windows shown at the lower roof may affect total thickness of insulation allowed. The existing height between top of roof deck and bottom of hollow metal window frame is about 1 1/4". 2. If roofing manufacturer requires, contractor shall provide to owner acceptable alternate installation details which meet warranty requirements. 3. Upon request, sample removed from the existing roof is available from architect. D. Provide manufacturer's written roof maintenance instructions to the owner. 1.8 CLIMATIC CONDITIONS A. When weather reports indicate that the job site is within an area forecast to have greater than a 30 % chance of rain, there is not to be any roof work performed. B. Air temperature is to be at least 40°F and rising. Do not perform roof -related work when air temperature is below 40°F. 1.9 SUBMITTAL A. Furnish for approval by the architect four sets of manufacturer's brochures describing in detail the exact system proposed for the project. Submit in accordance with Section 01300. B. Furnish representative samples of proposed roofing material, thermal insulation, fastening device, and required accessories. MODIFIED BITUMEN ROOFING 07536-2 r 1. 10 UNIT PRICE A. Where requested on City of Lubbock's bid proposal form, provide unit price for roof deck repair. If, after tear -off, roof deck repair is necessary, work will be accomplished per unit price. PART 2 PRODUCT• 2.1 MATERIALS A. All roll type roofing materials shall be equal to first quality products of the Schuller Company of Denver, Colorado. Roof system to be equal to Schuller Company specification SCID (alternate), Styrene Bertadiene Styrene (SBS) system. B. Ply sheets shall be Dynabase weighing not less than 36 pounds per square. Apply ply sheets over rigid insulation board by mopping. C. Elastomeric cap sheet shall be Dynakap FR and shall weigh not less than 105 pounds per square. The UL Classification shall be equal to Class A. The covering layer shall be white ceramic granular surfacing. Maximum shrinkage allowed is not to exceed 5%. Embed matching white r- granules in exposed asphalt along laps, overflow areas, etc.; after thirty days, check laps to see if j additional granul application is required. a"- D. Provide a wind resistance rating equal to UL 90 or greater. 7 t l E. Asphalt shall be Type III of first quality and shall have flow point not exceeding 190 degrees F. It shall be shipped to the job site in heavy paper barrels and each container shall be labeled. Asphalt shall conform to the requirements of the Roofing Systems Technical Committee, a joint committee of the ARMA and the NRCA. F. Plastic cement shall be an elastic waterproof material that will not stain stone, corrode copper, or be affected by long exposure to extreme outside temperature. It shall form a thin, tough skin on exposed surfaces, but remain'soft and plastic underneath. Cement shall adhere to metal and masonry and be mixed to proper consistency. G. Where metal counterflashing are indicated, use 24 gauge galvanized sheetmetal. Use similar material for miscellaneous metal flashings required throughout the project. H. Sheetmetal for fascia, gravel guard, rain diverters, and exposed metal covers shall be 26 gauge pre - finished metal. I. Cant strips shall be 2 inches thick of 45 degree type and of asphalt impregnated cane fiber, minimum 4 inches high. J. Base flashing material for curbs shall be DynaFlex or manufacturer's recommended base flashing material. K. Provide moisture resistant pressure treated 2x wood edging along roof edges meeting manufacturer's recommended anchoring. MODIFIED BITUMEN ROOFING 07536-3 2.2 THERMAL ROOF INSULATION A. Thermal roof insulation called for herein shall be installed over metal roof deck as hereinbefore specified. B. Base layer of insulation shall be Ultragard Gold as manufactured by the Schuller Corp. or equal. ^ The insulation shall consist of a polyisocyanurate foam core between two layers of non -asphaltic fiberglass. Sheet size shall be 36 x 48 or 48 x 96 inches not less than 0.75 inches thick at shallowest points. I The lower roof level and the base of existing clerestory windows may restrict thickness of insulation. The intent is to provide maximum R -value, suitable slope for water run off, and not minimize twenty year warranty or aesthetics. C. Tapered roof insulation shall be equal to Tapered Fesco roof insulation as manufactured by the Schuller Corp. The roof shall have a minimum of 1/4 inch per foot of slope. D. Combined R -factor of tapered Fesco and Ultragard Gold shall be at least 25.0. E. The first layer of insulation board shall be mechanically fastened to the roof deck with U1traFast Fasteners using metal plates meeting FM 4470 requirements. The succeeding layers to be applied over the first layer with a mopping of hot asphalt applied in strict compliance with the manufacturer's directions. No more insulation may be placed than can be covered with roofing felts by the end of the day. F. Insulation board shall be stored above the ground and covered with plastic sheets to prevent absorption of moisture. G. Insulation assembly shall meet the same warranty as the roof system and become a part of the same. PART 3 EXECUTION 3.1 INSTALLATION OF FLASHINGS A. This contract shall include the installation of vent flashings, pitch pans, heater vents, fresh air intake vents and related items as called for on the drawings. B. Set flashings in a mopping of hot asphalt and strip in with one ply of glass base, 36 inches wide, mopped solid to underlayment sheet. C. Set cant strips by mopping of hot asphalt or dry. Refer to manufacturer's recommendations. Review preferred installation with architect. D. Where curbed openings occur, furnish a fiber cant, neatly mitered at corners, mopped into place over roofing felt. E. Extend weathering sheet up cant boards and cut at top of cant. F. Cap sheet for cants, curbs and wall flashings shall be one layer of weathering sheet, mopped into place over previously described roofing layers. MODIFIED BITUMEN ROOFING' 07536-4 3.2 3.3 G. Install all flashing systems in strict accordance with manufacturer's specifications DFE-1 (LB) and DFE4 as they may be applicable. Installations must comply with specified manufacturer's warranty guidelines. MISCELLANEOUS FLASHINGS AND DETAILS A. Miscellaneous roofing details not specifically mentioned in these specifications such as pitch pans, expansion joints, flashings at projections through roofs, etc., shall be in strict compliance with recommended procedures outlined by the roofing manufacturer and subject to architect's approval. B. All flashing applications are to be reviewed during the pre -roofing conference. C. Carefully review wall and roof details to insure that all potential water entry points are addressed during the roofmg operations. CLEANING A. Remove all roof mastic from adjacent surfaces of roof -mounted equipment or accessories. B. Remove all excess materials from the roof when work is complete. C. Clean all debris from roof drains. END OF SECTION MODIFIED BITUMEN ROOFING 07536-5 ti r� a SECTION 07900 r JOINT SEALERS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 WORK INCLUDED A. Provide caulking in conjunction with interior painting operations and as otherwise indicated on drawings for interior caulking. B. Provide sealant where indicated on the drawings in conjunction with weather seals, and as otherwise noted. C. Perform all work required to complete the joint preparation, joint packing or filler, priming, caulking and sealing indicated by the drawings and specified herein. Furnish all supplementary items necessary. D. In fire ratedpartitions, install only fire resistant sealants. 1.3 RELATED SECTIONS A. Section 09900 - Painting. 1.4 QUALITY ASSURANCE A. Applicator Qualifications: 1. Minimum two year's experience in applying sealants and approved by manufacturer. B. Manufacturer's Representative: 1. Arrange for technical representative to be on project site to advise installer of proper procedures and precautions for use of materials and to check installation. 1.5 REFERENCE STANDARDS A. FS TT -S -00230C, Type II Sealing Compound: Elastomeric Type, Single Component. B. FS TT -S -001543A Sealing compound: Silicone Rubber Base. C. FS TT -S -00227E, Type I, Class A Joint Sealant: Self Levelling. D. ASTM C834 Standard Specification for latex sealing compounds. 1.6 SUBMITTALS A. Submit the following: JOINT SEALERS 07900- 1 JOINT SEALERS 07900-2 1. Product Data: a. Manufacturer's specifications, recommendations and installation instructions for sealant, backing, and related materials. '- 2. Samples: a. Color charts for selection by architect. b. Furnish samples of custom colors. .- 3. Certification: a. Letter of certification from manufacturer or certified test laboratory report that materials are chemically compatible with each .other and with substrate. _ b. Letter from manufacture that certifies material's fire resistant qualities. 4. When requested by the architect, submit samples of cured sealants and a 6 inch long sample of each type of joint backup. 1.7 DELIVERY AND STORAGE A. Deliver materials in unopened containers as packaged by the manufacturer. Store in a manner to protect materials from the weather. 1.8 WARRANTY A. Warrant, in writing, materials and workmanship against air and water leakage for a five-year period. PART 2 PRODUCTS 2.1 PRODUCTS A. Pecora Chemical corporation. B. Sonneborn Building Products. C. W.R. Grace and Company. D. General Electric Company. E. Products Research and Chemical Corporation. F. Substitutions: In accordance with Section 01600. 2.2 MATERIALS .— A. Polysulfide (Type n: 1. Two-part conforming to FS TT -S -00227E, Class A, Type I (self -leveling) or Type 2 _ (nonsag) as recommended by manufacturer. 2. Color: As selected by architect. 3. Acceptable products: a. Synthacalk GC -5, Pecora Corp. b. 350, PRC. C. Sonolastic, Sonneborn-Contech, Inc. B. Chlorosulfonated Polyurethane (Type 2) 1. One part conforming to FS TT -S -230C. JOINT SEALERS 07900-2 2. As selected by architect. 3. Acceptable products: r"• a. Synthacalk, Pecora. C. Polyurethane (Type 3): 1. Two-part conforming to FS TT -S -0000227E, Class A, Type I or II. 2. Color: As selected by architect. 3. Acceptable products: a. NR -200, Pecora. b. No. 200, PRG C. Sonolastic Paving Joint Sealant, Sonnebom-Contech. d. THC -900/901, Tremco. D. Polyurethane (Type 4): 1. One -part conforming to FS TT -S -000230C, Class A, Type II. 2. Color: Custom color as selected by architect. 3. Acceptable products: a. No. 6000, PRC. b. NP 1, Sonnebom - Contech. C. Dymonic, Tremco. E. Silicone (Type 5): 1. One part rubber based silicone conforming to FS TT -S-001543, Class A, Type I. 2. Color: Custom color as selected by architect. 3. Acceptable products: a. 790 Building Sealant, Dow Corning. b. Silproof, General Electric. C. Proglaze, Tremco. F. Acrylic, Solvent Cure (Type 6): 1. One -part, FS TT -S-00230. 2. Acceptable products: a. Unicrylic, Pecora. b. Permacryl, Schnee -Moorhead Chemicals, Inc. L : C. Mono, Tremco Manufacturing Company. G. Nondrying, Nonskinning (Type 7): 1. One -part sealing compound. 2. Acceptable products: a. GC -55, Noncuring, Goal Chemical. b. BR -96, Pecora. C. Curtain Wall Sealant, Tremco. H. Bitumen Impregnated Sealant (Type 8): 1. Precompressed bitumen impregnated foam joint sealant. 2. Size: As recommended by manufacturer for joint condition as rain seal. 3. Acceptable product: Emseal compressed, Emseal Corporation. I. Backer Rod: Closed cell expanded polyurethane or polyethylene "Denver" foam, compatible with sealant; sized and shaped to control depth of sealant; and to maintain 20% to 50% compression of material. JOINT SEALERS 7 07900-3 J. Joint Cleaners and Primers: As recommended by sealant manufacturer. K. Bond Breaker: Pressure sensitive adhesive polyethylene tape. L. Masking Tape: Pressure sensitive adhesive paper tape. M. Sealant Tape: 1. Compressible adhesive -cohesive tape of cross-linked butyl polyisobutylene rubber that accommodates variations and movement, sized as necessary to allow for joint movement of + or - 25%. 2. Acceptable product: PTI 606, Protective Treatments, Inc. N. Expansion Joint Filler: 1. Closed cell polyethylene compatible with sealant. 2. Acceptable product: Sonoflex F, Sonneborn. 3. Fire resistant to be used in at least a one hour fire rating classification. 2.3 MIXING A. Mix components in accordance with manufacturer's recommendations. PART 3 EXECUTION 3.1 INSPECTION A. Examine all surfaces to receive sealant and report all conditions not acceptable. Installation shall be deemed as acceptance of the surface. 3.2 PREPARATION A. Clean all surfaces and joints thoroughly, removing all foreign matter, dust, oil, grease, water surface, dirt, frost, old caulking material, and previously applied paint or primer. B. Prime and prepare surfaces in strict accordance with sealant or caulk manufacturer's written instructions and recommendations. C. Remove loose mill scale from steel surfaces. Remove dirt, oil, or grease by solvent cleaning and wipe surfaces. All surfaces must be clean and dry. Any protective coating on building materials that will impair sealant bond shall be removed. 3.3 APPLICATION A. Sealants: 1. Follow sealant manufacturer's instructions regarding preparation, priming, application life, and application procedure. 2. Apply masking tape where required in continuous strips in alignment with joint edge. Remove tape immediately after joints have been sealed and tooled as directed. 3. apply sealant under pressure with gun having nozzle of proper size or other appropriate means. Provide sufficient pressure to completely fill joints. 4. Neatly point or tool sealant to provide proper contour. Use clean water -wet tool or tooling solution recommended by manufacturer when tooling white or light colored sealant. B. Caulking: 1. Caulking: Apply caulking joints before final coat of paint is applied to adjacent surface. Apply caulking with a pressure gun having a nozzle of proper size to fit joint. JOINT SEALERS 07900-4 Completely fill joint and firmly tool against backing to make a smooth, convex bed, and assure good adhesion. Caulking shall develop a firm skin before paint is allowed. C. Joint Size: 1. Sealant and Caulking: Depth equal to 1/3 times joint width or as recommended by manufacturer. .. 3.4 CLEANING f A. Remove excess caulking or sealant materials and smears from adjacent surfaces as work progresses. , B. On non -porous surfaces excess uncured sealant shall be removed with a solvent moistened cloth immediately. On porous surfaces excess sealant should be allowed to cure overnight, then I^ removed by lightly wirebrushing or sanding. All adjacent surfaces shall be clean and free from stains. C. Remove all debris resulting from these operations from the site. 3.5 SCHEDULE A. i Interior and Exterior Joints Subject to Movement (Not Including Traffic): Type 1, 2, 4, or 5 at Contractor's option and as recommended by manufacturer for joint condition and sealant color. B. Interior and Exterior Horizontal Joints Subject to foot and Vehicular Traffic: Type 2, self -leveling. C. Interior Horizontal and Vertical Joint Not Subject to Movement (Not Including Traffic): Type 6. D. In contact with roofing and waterproofing materials: Type 3 or 4, low modulus, unmodified. E. Unexposed window joints: Type 7. F. Interior fire resistant rating of at least a one hour rated assembly subjected to minimal movement: Type 2. G. Secondary seal and exterior brick expansion joint secondary seals: Type 8. END OF SECTION JOINT SEALERS 07900-5 SECTION 09900 PAINTING PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 WORK INCLUDED A. Surface preparation. B. Surface finish schedule. 1.3 RELATED SECTIONS A. Section 07536 - Modified Bitumen Roofing 1.4 REFERENCES A. ANSI/ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related Products. B. ASTM D2016 - Test Method for Moisture Content of Wood. 1.5 DEFINITIONS A. Conform to ANSI/ASTM D16 for interpretation of terms used in this section. 1.6 QUALITY ASSURANCE A. Product Manufacturer: Company specializing in manufacturing quality. paint and finish products with five years experience. B. Applicator: Company specializing in commercial painting and finishing with three years documented experience. 1.7 SUBMITTALS A. Provide product data on all finishing products. B. Submit samples under provisions of Section 01300. C. Submit two samples 6 x 6 inch in size illustrating range of colors and textures available for each surface finishing product scheduled, after color selection. D. Submit manufacturer's application instructions under provisions of Section 01300. PAINTING 09900- 1 1.8 FIELD SAMPLES A. Provide one field sample panel, 12 inches long by 12 inches wide, illustrating special texture, and finish. B. Accepted sample may not remain as part of the work. 1.9 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01600. B. Store and protect products under provisions of Section 01600. C. Deliver products to site in sealed and labelled containers; inspect to verify acceptance. D. Container labelling to include manufacturer's name, type of. paint, brand name, brand code, .. coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. E. Store paint materials at minimum ambient temperature of 45' F and a maximum of 90' F, in well ventilated area, unless required otherwise by manufacturer's instructions. F. Take precautionary measures to prevent fire hazards and spontaneous combustion. 1.10 ENVIRONMENTAL REQUIREMENTS A. Provide continuous ventilation and heating facilities to maintain surface and ambient temperatures above 55' F for 24 hours before, during, and 48 hours after application of finishes, unless required otherwise by manufacturer's instructions. B. Do not apply exterior coatings during rain or snow, or when relative humidity is above 50 percent, unless required otherwise by manufacturer's instructions. C. Minimum Application Temperatures for Latex Paints: 55' F for interiors; 65' F for exterior; unless required otherwise by manufacturer's instructions. D. Minimum Application Temperature for Varnish Finishes: 65' F for interior or exterior, unless required otherwise by manufacturer's instructions. E. Provide lighting level of 50 footcandles measured mid -height at substrate surface. -- 1.11 EXTRA STOCK A. Provide two gallon containers of each color and surface texture to owner. B. Label each container with color, texture, and room locations in addition to the manufacturer's label. PART 2 PRODUCTS PAINTING 09900-2 e 2.1 ACCEPTABLE MANUFACTURERS - PAINT rA. Glidden Coatings and Resins Division of SCM Corporation. ` B. PPG Industries, Inc. Coatings and Resins Division. i C. Kelly -Moore Paint Co., Inc. D. Sherwin Williams Company. E. Monarch Paint Company. F. Substitutions: Under provisions of Section 01600. r 2.2 MATERIALS A. Coatings: Ready mixed, except field catalysed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating. B. Coatings: Good flow and brushing properties; capable of drying or curing free of streaks or sags. C. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners, and other materials not specifically indicated but. required to achieve the finishes specified, of commercial quality. 2.3 FINISHES A. Refer to schedule at end of section for surface finish schedule. PART 3 EXECUTION 3.1 INSPECTION A. Verify that surfaces are ready to receive work as instructed by the product manufacturer. B. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially affect proper application. C. Measure moisture content of surfaces using an electronic moisture meter. Report any condition !!! that may potentially affect proper application. 1. Plaster and Gypsum Wallboard: 12 percent. 2. Masonry, Concrete, and Concrete Unit Masonry: 12 percent. 3. Interior Located Wood: 15 percent, measured in accordance with ASTM D2016. D. Beginning of installation means acceptance of existing surfaces. 3.2 PREPARATION A. Remove electrical plates, hardware, light fixture trim, and fittings prior to preparing surfaces or finishing. B. Correct minor defects and clean surfaces which affect work of this section. PAINTING 09900-3 C. Impervious Surfaces: Remove mildew by scrubbing with solution of tri -sodium phosphate and bleach. Rinse with clean water and allow surface to dry. D. Galvanized Surfaces: Remove surface contamination and oils and wash with solvent. Apply coat of etching primer. E. Uncoated Steel and Iron Surfaces: Remove grease, scale, dirt and rust. Where heavy coatings of scale are evident, remove by wire brushing or sandblasting; clean by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned. Spot prime paint after repairs. F. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces. Prime metal items including shop primed items. G. Hollow Metal Doors Scheduled for Painting: Seal top and bottom edges with primer. 3.3 PROTECTION A. Protect elements surrounding the work of this section from damage or disfiguration. B. Repair damage to other surfaces caused by work of this section. C. Furnish drop cloths, shields and protective methods to prevent spray or droppings from disfiguring other surfaces. D. Remove empty paint containers from site. 3.4 APPLICATION A. Apply products in accordance with manufacturer's instructions. B. Do not apply finishes to surfaces that are not dry. C. Apply each coat to uniform finish. D. Apply each coat of paint slightly darker than proceeding coat unless otherwise approved. E. Sand lightly between coats to achieve required finish. F. Allow applied coat to dry before next coat is applied. G. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface. H. Prime back surfaces of interior and exterior woodwork with primer paint. I. Prime back surfaces of interior woodwork scheduled to receive stain or varnish finish with gloss varnish reduced 25 percent with mineral spirits. _ J. Apply new paint as specified on new and renovated existing surfaces. The entire renovated PAINTING 09900-4 r END OF SECTION PAINTING 09900-5 surface shall be painted, not just the repaired portion. Renovated surfaces shall be painted from floor to ceiling, corner to comer, or break in surface plane. K. Repainting the entire surface (new, renovated, or existing): shall be required if the surface is damaged by construction activities. The architect will make the final determination. 3.5 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT A. Replace electrical plates, hardware, light fixture trim, and fittings removed prior to finishing. 3.6 CLEANING A. As work proceeds, promptly remove paint where spilled, splashed, or spattered. P B. During progress of work, maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris. F.. 4 C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers, and remove daily from site. 4 3.7 SCHEDULE OF PAINTING A. The kinds and brands of paint and number of coats required on the various surfaces shall be those PM listed below. The types of paint are identified with Pittsburg Paint or Sherwin Williams numbers. B. The owner and architect shall select color, tint, and sheen from manufacturer's standard color chart. C. Exterior and Interior Metal: 1. First Coat: PPG 6-6 Speedhide enamel undercoat g 2. Second Coat: PPG 6-252 Series Speedhide enamel 3. Third Coat: PPG 6-252 Series Speedhide enamel D. Galvanized Metal 1. First Coat: PPG 6-209 galvanized steel primer 2. Second Coat: PPG 6-252 Series Speedhide enamel r., 3. Third Coat: PPG 6-252 Speedhide enamel END OF SECTION PAINTING 09900-5