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Resolution - 2013-R0084 - Contract - Centennial Moisture Control Inc.- Civil Center Walkway Repairs - 02/28/2013
Resolution No. 2013-ROO84 February 28, 2013 Item No. 5.9 RESOLUTION 131- IT RESOLVED BY T1ll: CITY COUNCIL OF T11F C1TY OF LUBBOCK: THAT the Mayor of llie City of ].ubbock is herebN' autlhoriACCI and direcled to execute for and on behal i' of the City of Lubbock. Contract No. 10004 004 for pedestrian walkway repairs at the Lubbock Memorial Civic Center, by and between the City of Lubbock and Centennial Moisture Control. Inc... of Irving, 'Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if' fully set ]Orth herein and shall be included in the minutes of the Cite Council. Passed by the City COLInC'il oil -_February _28,-2013 Cal. R011FR SO N. MAYOR ATTEST: I:cb�c a Ciar�tt. City Secretary APP ROVI-I) AS TO C0NTFXr: Scott Snider. Assistant City Manager Community Ser% ices APPROVED AS TO FOWM: Chad Weaver, Assistant City Attornev v%�:ccdocs:'itF.S.C'ontract-('eiiteiiiiii31 Moisture Nel)nmty 8, 2013 Resolution NO. 2013—R0084 LUMP SUNI BID SUBLNUTTAL FORNI BID CONTRACT DATE. February 6, 2013 BID — 1210604-DT Lubbock Memorial Civic Center Pedestrian Walkway Repairs Bid of Centennial Moisture Control, Inc. (hereinatler called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Lubbock Memorial Civic Center Pedestrian Walkway Repairs, having carefully examined die 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 bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accomoanving forms. for Derformin>t and comaletintr the said work within the time stated and for the prices stated below. ITEM J DESCRI PTION UNIT AMOUNT NO. Base Bid I Primary Work includes demolition and repair of bad and spalling concrete from walkway support slabs, beams, columns, and retaining LS walls. Additional Work includes demolition and removal of the existing electrical conduit and light fixtures at the ceiling, all stucco plaster soffits, and indicated louvers, doors & frames, as well as installation of new louvers, doors & frames, new soffits and access panels for existing light ballasts. new lights, and new elastomeric finish coatings. The following quantities shall be used to determine the Base Bid: A. Concrete Crack Repair— 130 LF B. Overhead Concrete Repair at Soffits and Beams — 350 CF C. Vertical Concrete Repair at Beams and Columns — 20 CF D. Placement of New Reinforcing Bars — 25 LF E. Masonry Rcpointing — 15 LF Work shall be completed in accordance with the drawings and S 219,200.00 specifications. 2 Allowance No. l: Contingency Allowance for the use of Owner's LS written instructions. $ IS 000.00 3 allowance No. 2: Concrete testing to be provided by Owner. LS S + 2,500.00 4 TOTAL BID for Base Bid, Allowance No. 1, and Allowance No. 2 LS The sum of Items I and 3) S 236,700.00 Alternate No.1 1 Elastomeric Coating over concrete ceiling surface under the walkway structureas shown in the Drawings and S ifications. LS S 7.900.00 Z/Bidder's Initials Unit Prices shall be used to determine additions or deductions (add/deduct) to based bid: ITEM No. DESCRIPTION U/M UNIT PRICE LF I Concrete Crack Repair 2 Overhead Concrete Repair at Soffits and Beans CIF 360.00 3 Vertical Concrete Repair at Beans and Columns CF 210.00 3 Placement of new reinforcing bars LF 25.00 5 I'vlasonry Repointing,LF Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ONE HUNDRED AND TWENTY (120) 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 S25 (TWENTY FIVE) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SEVENTY (70) 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 (S%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies. and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him —J—� ET-10 Bidder's Initials Enclosed with this bid is a Cashier's Check or Certified Check for Dollars _ (S ) or a Bid Bond in the sum of 5% Dollars (S ), which It is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to'rexas Local Government Code 252.043(a), a competitive sealed hid that has been opened may not be changed for the purpose of correcting an error in the bid pri THEREFORE, ANY CORRECTIONS TO THE BID PRIG ,MUST BE MADE ON THE BID St1BIMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) T: Secret Bidder acknowledges receipt of the following addenda: February 6, 2013 Authoriicd Signature Joseph C. Tamer (Printed or Typed Name) Centennial Moisture Control, Inc. Company 1780 Hurd Drive Address Irving Dallas City. County Texas 75038 State Zip Code Telephone: 214 - 350-7689 Fax: 214 352-1306 Addenda No. 1 Date 1/18/13 FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date_ 75-2169953 Addenda No. ^ Date Addenda No. Date EMAIL: itamer0centennialmc.com SI/WBE Firm: I Woman Black American I I Native American Hispanic American Asian Pacing American I I Other S ci BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE 0 2/ 2 8/ 2 013 CITY OF LUBBOCK SPECIFICATIONS FOR Lubbock Memorial Civic Center Pedestrian Walkway Repairs ITB 12-10604-DT CONTRACT 10604 PROJECT NUMBER 91195 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY www.thereproductionco=gLny.com Phone: (806) 763-7770 city of u bock CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE 1 PAGE INTENTIONALLY LEFT BLANK Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original unbound copy of every item listed. 1. X_ Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. X Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. X Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. X Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. X Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. X Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. X Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include flrm's FEDERAL TAX ID number or Owners SOCIAL SECURITY number. 8. X Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. CENTENNIAL MOISTURE CONTROL INC (Type or Print Company Name) PAGE INTENTIONALLY LEFT BLANK _¢ 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND Y 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS �Ys � 3 PAGE INTENTIONALLY LEFT BLANK NOTICE TO BIDDERS IIIIrZ "a1011 1 Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. on the 7cn February, 2013 , or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "Lubbock Memorial Civic Center Pedestrian Walkway Repairs" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 p.m. on the 7th, February, 2013 , and the City of Lubbock City Council will consider the bids on 28h February, 2013 , at the City Hall, 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 $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. The estimated budget for this project is $250,000 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on January 23rd at 10:00 a.m., in Terrace Suite,1501 Mac David Lane, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.thgEeproductioncompaLiy.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, t _. FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, �- } Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty 60' days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall 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.Fill 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 require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK 'Marta AC arez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Lubbock Memorial Civic Center Pedestrian Walkway Repairs per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. , on the 7th, February , 2013 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 12-10604-DT, Lubbock Memorial Civic Center Pedestrian Walkway Repairs" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: �- • Marta Alvarez, Director of Purchasing City of Lubbock 1625 13th Street, Room 204 _3 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract 1 n Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. X' 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. �- 2 PRE -BID MEETING For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting on January 23`d at 10:00 a.m., in Terrace Suite 1501 Mac David Lane, Lubbock, Texas. r- 2.1 All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most up blic libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to _. have a request for interpretation considered, the request must be submitted in writing and must be 4 received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 6.4 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS' FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS ' INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: �i D'Ana Torres, Senior Buyer 13 14 15 17 City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: dtorres@a mylubbock.us Bidsync: www.bidsync.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED AND TWENTY (120) CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. 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. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third parry 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. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in --r this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR b! The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK 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. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES 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. 10 MA BARRICADES AND SAFETY MEASURES 23 24 25 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. EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 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. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED TO ON AUTO/GENERAL LIABILITY ON A PRIMARYAND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A 11 tSTATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLs PRODUCTS -. `,' , a, COMPLETEND OPERATIONS. 7 , 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sunday or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars ($60) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES 12 j' 29 30 31 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. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name 29.3.2 Bid for 12-10604-DT Lubbock Memorial Civic Center Pedestrian Walkway Repairs" Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 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. 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 13 .' references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder toperform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. -, (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Item 1 through 4 plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 32.7 The estimated budget for this project is $250,000 14 33 34 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.gov/dba.aspx 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 15 BID SUBMITTAL FORM PAGE INTENTIONALLY LEFT BLANK LUMP SUM BID SUBMITTAL FORM BID CONTRACT DATE. February 6, 2013 BID — 1210604-DT Lubbock Memorial Civic Center Pedestrian Walkway Repairs Bid of Centennial Moisture Control, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Lubbock Memorial Civic Center Pedestrian Walkway Repairs. having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor. materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accmmnanving forms_ fnr nerfnrming and comnleting the Said work within the time stated and for the prices stated helow_ ITEM DESCRIPTION UNIT AMOUNT NO. Base Bid 1 Primary Work includes demolition and repair of bad and spalling concrete from walkway support stabs, beams, columns, and retaining LS walls. Additional Work includes demolition and removal of the existing electrical conduit and light fixtures at the ceiling, all stucco plaster soffits, and indicated louvers, doors & frames, as well as installation of new louvers, doors & fratnes, new soffits and access panels for existing light ballasts, new lights, and new elastomerie finish coatings. The following quantities shall be used to determine the Base Bid: A. Concrete Crack Repair — 130 LF B. Overhead Concrete Repair at Sous and Beams — 350 CF C. Vertical Concrete Repair at Beams and Columns — 20 CF D. Placement of New Reinforcing Bars — 25 LF E. Masonry Repointing— IS LF Work shall be completed in accordance with the drawings and $ 219,200.00 specifications. 2 Allowance No. I: Contingency Allowance for the use of Owner's LS written instructions. $ + 15,000.00 3 Allowance No. 2: Concrete testing to be provided by Owner. LS + 2,500.00 4 TOTAL BID for Base Bid, Allowance No. 1, and Allowance No. 2 LS The sum of Items 1, 2, and 3! 236,700.00 Alternate No. I I Coating over concrete ceiling surface under the walkway IElastomeric structure, as shown in the Drawin and S ifications. LS $ 7,900.00 f Bidder's Initials 2 Unit Prices shall be used to determine additions or deductions (add/deduct) to based bid: ITEM No. DESCRIPTION U/M UNIT PRICE 3 I Concrete Crack Repair LF 2 Overhead Concrete Ptepair at Soffits and Beams ! CF 360.00 3 Vertical Concrete Re air at Beams and Columns CF 210.00 4 Placement of new reinforcing bars } LF 25-00 5 Masonry Repointing LF Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ONE HUNDRED AND TWENTY (I20) 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 S25 tTWENTY I CYE) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shalt be good and may not be withdrawn for a period of SEVENTY (70) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid, as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute al necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials Enclosed with this bid is a Cashier's Check or Certified Check for Dollars f or a Bid Bond in the sum of 5% Dollars (S _ ), which it is agreed shall be collected and retained by the fawner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be. executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a i7 te: February 6, 2013 competitive sealed bid that has been opened may not be �---- changed for the purpose of correcting an error in the bid pri THEREFORE, ANY CORRECTIONS TO THE BID PRICE Authorized Signature MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR Joseph C. Tamer TO BID OPENING. (Printed or Typed Name) s (Seal if Bidder is a Corporation) _ Secre#�u��----_ _ 3 Bidder acknowledges receipt of the following addenda: Centennial Moisture Control, Inc. Company 1780 i-lurd Drive Address Irving Dallas City, County Texas 75038 State Zip Code Telephone: 214 - 350-7689 Fax: 214 352-1306 Addenda No. 1 Date 1/18/13 FEDERAL TAX tD or SOCIAL SECURITY No. Addenda No. Date__— 75-2169953 Addenda No. Date Addends No. Date - EMAIL: itamer centenniaimc.com N- I/ i`BE Firm: woman Black American Native American His c America Asian Pacific American Other S ci PAGE INTENTIONALLY LEFT BLANK PHILADELPHIAPhiladelphia Indemnity Insurance Company One Bala Plaza, Suite 100 INSURANCE COMPANIES Bala Cynwyd, PA 19004 A XkiqtmsoftieUkiokh a.tfarup BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, Centennial Moisture Control, Inc. Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of Texas, as Surety, are held an firmly bound unto City of Lubbock, 1625 13th Street, Lubbock, TX 79401 (hereinafter called the Obligee)in the full and just sum of Five Percent of Greatest Amount Bid ($ 5% G.A.B. I for the payment whereof in lawful money of the United States , we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIAL has submitted the accompanying bid for: ITB 12-10604-DT, Contract No. 10604, Project No. '91195 - Lubbock Memorial Civic Center Pedestrian Walkway Repairs, 1501 Mac David Lane, Lubbock, TX 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, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 7th day of February Centennial Moisture Control, Inc. 20 13 Principal (Sell) PHILADELPHIA INDEMNITY INSURANCE COMPANY Charles K. '&7iller Attorney -In -Fact (Seal) PAGE INTENTIONALLY LEFT BLANK PHILADELPHIA INSURANCE COMPANIES A Member o£ihe Tokio Marfne Group 438 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint_ Steve Rickenbacher, Sophinie Hunter, Sherrel Breazeale, Clint Norris, David C. Oxford, Steven Lott, Sheri Renee Allen, Tommy Bret Tomlinson, Steven J. Zinecker, Jessica Luna Montgomery, Charles K. Miller, Shannon Lewis of Southwest Assurance Group, Inc. -= Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings g obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $7,500,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I l", day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (I) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS l8T" DAY OF JULY, 2011. Presiden Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seat of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notarial Seal KlmbedyA. Kessteakl, Notary Publlo Lower Madon Twp., Montgomery County MyGommisslontixptres Dec.18, 2012 Member, Pennaylvenla AseWstton o1 ota a do[ I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18Tu day of July 2011 are true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 7th _ day of _Fgbruary 2013. Craig P. Keller Executive Vice President, Chief Financial Officer & Secretary �__ PHILADELPHIA INDEMNITY INSURANCE COMPANY PAGE INTENTIONALLY LEFT BLANK CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. ��1..� Joseph C. T r� a� Contractor (Original Signature) Cont ch for (Print) CONTRACTOR'S BUSINESS NAME: Centennial Moisture Control Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 1780 Hurd Drive Irving, Texas 75038 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management Office for the City of Lubbock at (806) 775-2572. BID 12-10604-DT - Lubbock Memorial Civic Center Pedestrian Walkway Repairs PAGE INTENTIONALLY LEFT BLANK F-1 SAFETY RECORD QUESTIONNAIRE 5 ' The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past live (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspensionirevocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within,the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, ration of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. ' Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspensionr'revocations of state or federal licenses, or registrations, tines assessed, pending criminal complaints, indictments, or convictions, administrative orders. draft orders, final orders. and judicial final judgments. YES NO X If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation. partnership, or institution, ever been convicted, within the past ten (10) years, of a eruninal offense which resulted from serious bodily injury or death? YES - - -- NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock. with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature President Title 2 SUSPENSION AND DEBARINIENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of S30.000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of S50.000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of S50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Centennial Moisture Control, Inc. FEDERAL TAX ID or SOCIAL S CURITY No. 75-2169953 Signature of Company Printed name of company official signing above: Joseph C. Tamer Date Signed: February 6, 2013 3 PAGE INTENTIONALLY LEFT BLANK LIST OF SUB -CONTRACTORS PAGE INTENTIONALLY LEFT BLANK 1,; BID 12-10604-DT - Lubbock Memorial Civic Center Pedestrian Walkway Repairs Company Name 1. Russell Woerner Electrical 2. 3. 4. 5. 6. 7. 8. 9. 10. It. 12. 13. 14. 15. 16. LIST OF SUB CONTRACTORS Location Services Provided Lubbock, TX Electrical Company Centennial Moisture Control, Inc. Address 1780 Hurd Drive Dallas City, County Irving 75038 State TX Zip Code Telephone: 214 - 350-7689 Fax: 214 352-1306 Minority Owned Yes No 0, 0 n 0 0 0 C2 0 7i C C3 C 0 0 0 13 C THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL r IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO 2 PAGE INTENTIONALLY LEFT BLANK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. BID 12-10604-DT - Lubbock Memorial Civic Center Pedestrian Walkway Repairs Company Name Valgilder Plastering Russell Woerner Electric FINAL LIST OF SUB CONTRACTORS Minority Owned Location Services Provided yes No 1917 No. Genoa Ave., Lubbock, -rx Cement Plaster 092400 0 Ex 2714 109th St., Lubbock, TX Electrical 01600 0 IN 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 13 0 0 0 0 0 0 0 11 0 0 Company Centennial Moisture Control. Inc. Address 1780 Hurd Drive City, County Irving Jarrant State Tx Zip Code 75038 Telephone: 214 - 350-7689 Fax: 214 - 352-1306 THIS FORM SELUX BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO. 3 PAGE INTENTIONALLY LEFT BLANK PAYMENT BOND PAGE INTENTIONALLY LEFT BLANK PERFORMANCE BOND PAGE INTENTIONALLY LEFT BLANK Bond #PB-02253100090 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Centennial Moisture Control, Inc. (hereinafter called the Principal(s), as Principal(s), and Philadelphia Indemnity Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Two Hundred Forty Four Thousand Six Hundred Dollars ($ 244,600 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 2 8 th day of February 2013. BID 12-10604-DT - Lubbock Memorial Civic Center Pedestrain Walkway Repairs. and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal -- shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 11th day of March 2013. Philadelphia Indemnity Insurance Company Centennial Moisture Control, Inc. Surety *By: jj rf' (Title) Charles K. Miller, Attorney -In -Fact (Company Name) By: Joseph C. Tamer (Printed Name) (Signature) President (Title) E The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Charles K. Miller an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Philadelphia Indemnity Insurance Company Surety * By. 6"/A (Title)Charies K. Miller, Attorney -In -Fact Approved as to form: City of ck By: Ci Attorney * Note: If signed by an Office 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. 6 Bond #PB-02253100090 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Centennial Moisture Control, Inc. (hereinafter called the Principals(s), as Princi-pal(s), and Philadelphia Indemnity Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount ofTwo Hundred Forty Four Thousand Six Hundred Dollars ($244,600 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of February 2013 to commence and complete the construction of BID 12-10604-DT - Lubbock Memorial Civic Center Pedestrian Walkway Repairs 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. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 11th day of March , 2013. Philadelphia Indemnity Insurance Company .Centennial Moisture Control, Inc. Surety * By: dAlt" (Title) Charles K. Miller, Attorney -In -Fact (Company Name) By: Joseph C. Tamer (Printed Name) (Signature) President (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Charles K. Miller an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Philadelphia Indemnity Insurance Company Surety *By:-( e. A., (Title) Charles K. Miller, Attorney -In -Fact Approved as to Form City of ock By: City Attorney * Note: If signed by an Office 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. 3 523 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Steve Rickenbacher, Sophinie Hunter, Sherrel Breazeale, Clint Norris, David C. Oxford, Steven Lott, Sheri Renee Allen, Tommy Bret Tomlinson, Steven J. Zinecker, Jessica Luna Montgomery, Charles K. Miller, Shannon Lewis of Southwest Assurance Group, Inc. its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $7,500,000.00: This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFDXED BY ITS AUTHORIZED OFFICE THIS 15TH DAY OF NOVEMBER 2012. y _ •p r. (Seal) " ........ , •"' President Sean S. Sweeney, President Philadelphia Indemnity Insurance Company On this 15d day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. cob]MOAWvenL OFPENN5YL1fJitltA NOTRRIA WAL- _ DANIRLE PORATH. Notary Nft Lowar(NelionT Cai* Cawnissiat Notary Public: residing at: Bala Cynwyd. PA (Notary Seal) My commission expires: March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Sean S. Sweeney, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected ' President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this - llth day of March 2013 m� .+`aaal.4t:l7y"r� �i Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY j- .«...aVassaaa IMPORTANT NOTICE To obtain information .or make o complaint: You may call the Surety's toll free telephone number for information or to .make a complaint at: 1-�877-438-7459 You may also write Philadelphia Indemnity Insurance Company -at - a, 8 u ite 100 One Bala Plaza, Bala Cynwyd, PA 19004 Attention.- Senior Vice Presideniand Dire6tor of Surety You may -,conta.dt the Texas Department of Insurance'tDobtain :information on cormpa nie.s,:`bove--rage, rig.lits �r cornplalnfs ;at- 1B.00-252-U3-9_ You -may -write the Texas Department of 1. _nsurance.ot: - P-0- Box -14DI 04 Austin, TX '18714-'9104 Fox;W -51 �-475--1771 VVeb-..htitp:flwwvv.-tdi-state.lx,us J ) E-mail: CDnsumeTProiectionCatdi.si2-te.-ix.-Li-q PREMIUM OR CLAIM DISPUTES- Should -y.ov have a dis:pute concerning 'your premium or about a .clairn, you shDuld intact -the *Surety first. -If the -dispute is not �re- solve4, wv M- ay -Qntattlhe Texas Deparfinent of In-aut-ance. ATTACH THIS NOTICE TO YOURPOLICY: This -notice is for'inform'ation .only and does n-ot become a part ..emondition of the attached document. ADVISO ITOPORTAI'vITE Para obener informariDn o para someter una quQja- Usted puede Jlarnar al numero .de telefono gratis de para informacion o para someter una quej a a], 1�877_438-745S 01sted tanbien.puede escrib.ir a Philadelphia Indemnity Insurance Company at: One .Bala Plaza, Suite 1,00 Bala Cynwyd, PA -100"04 Attention- Senior Vice Pr-esideT)tand Director of Surety .Ruede QomuniGarse.wnej Departamento �de,.SQguros de Texas para obten-er information aro-erca de sampan as, .coberturas, dereQbos 0 -queja.s'al: 1 _�8_00-2823439- Puede escribiral Departmento de Segams .4e Texqs' .p,-.0. j3ox 14.9104. .Austin, TX 7.8714-9164 Fae,51.2475-1771 Web.- hftp://W)hl'vq.j:--4i-st;ate.tx.us Email.- Con_sumerprotectiiDnf:.tdl.state.tx,..us ,f).jS.PUTAS SOBRE PRWAS 0 -RE-c-LAMOS. Si be.ne -una disputa ooncerniente a ---jj prima o a v. fl reclarno, deice cominicarse cbn.el Surety.primero. Si no _se,resaelve 4a djS-Puta,:puede'0,nto0ces com unir-arfse con el departamentD (TDI). UNA ESTEAVISO A SU POLIZA, Este aviso es sdlo para proposito de informacion y no -se convierte en paste 0 GOndicion d6l documeTito.'adjunto. CERTIFICATE OF INSURANCE PAGE INTENTIONALLY LEFT BLANK ACoRtf CERTIFICATE OF LIABILITY INSURANCE sAiii2ols ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Southwest Assurance Group, Inc. a member of K&S Group, Inc. 2350 Airport F rwy, Ste 202 Bedford TX 76022 CONTACT Shannon Lewis NAME: PHONE (817)329-7007 AICNo:(817)329-7011 AODRes:slewis@southwestassurance.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Zurich American Insurance Co. INSURED Centennial Moisture Control, Inc. 1780 Hurd Drive ,Irving TX 75038 INSURER B :Commerce & Industry Insurance INSURERC:Travelers Lloyds Insurance Co. INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:12/13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AD BR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY AG TO RENT PREMISES Ea occurrence $ A CLAIMS -MADE a OCCUR GLO5962904 11/30/2012 1/30/2013 MED EXP (Any one person) _100,000 $ 5,000 X Contractual Liability PERSONAL & ADV INJURY $ 1,000,000 X XCU Included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY Ea COMBINEDSINGLELIMIT $ 11000,000 X BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS BAP5962905 11/30/2012 1/30/2013 HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 B EXCESS LIAR CLAIMS -MADE BE041131309 11/30/2012 1/30/2013 DED RETENTION $ WORKERS COMPENSATION X I WC STATU- OTH- IIL$I ER AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT -• $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A --,••.- E.L. DISEASE- EA EMPLOYE $ 1,000,000 A (Mandatory In in NH) C5962906 11/30/2012 1/30/2013 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C Contractors Equipment QT6606554P472 11/30/201211/30/2013 Leased/RentedEquipment: $100r 000 Floater Actual Cash Value; Deductible: $1 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project 91195 - ITB 12-10604-DT Lubbock Memorial Civic Center Pedestrian Walkway Repairs; City of Lubbock, its officers, agents and employees are named as additional insured on the general liability and auto policies on a primary & non-contributory basis as required by written contract or agreement. City of Lubbock is granted a waiver of subrogation. Additional insured endorsement includes ongoing and completed operations. CERTIFICATE HOLDER CANCELLATION y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN t.- City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. c/o City of Lubbock Purchasing Department AUTHORIZED REPRESENTATIVE 1 1625 13th Street, Suite 204 Lubbock, TX 79401 Charlie Miller/SHANON %• %��2. ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 t9ninnsi ni Tha A(InDn nnma anrf Inn^ nra raniefarar) marlea ^f At r1Rr1 Additional Insured - Automatic - Owners, Lessees Or Contractors VINT ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. J Add'I. Prem Return Prem. GLO5962904 11 /30/2012 11 /30/2013 11 /30/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY. Named Insured: CENTENNIAL MOISTURE CONTROL, INC. Address (including ZIP Code): :i.ill W. IRVING, TX 75038 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11 —Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. However, if you have entered into a construction contract or construction agreement with an additional insured person or organization, the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured person or organization applies only to 'bodily injury", "property damage" or "personal and advertising injury" covered under Section 1 — Coverage A — Bodily Injury And Property Damage Liability and Section I — Coverage B — Personal And Advertising Injury Liability, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or'your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-E CW (04/ 12) Page 1 of 2 Agent Copy E. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV --- Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV —Commercial General Liability Conditions. This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U-GL-1175-E Cw (04/ 12) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Agent Copy No Text y - e Automatic — Owners, Lessees Or �olrl ractors 0 ZURICH Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem. GLOS962904 11/30/2013 11/30/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Centennial Moisture Control, Inc. Address (including ZIP Code): 1780 Hurd Dr., Irving, TX 75038 1J 6,is e rse pent �,,�difi,;�si;surance provided under the: q ri rf A. Section II — Who Is An Insured is amended to include as an insured any person or organization who you are re- ciuired to add as an additional insured on this nolicv under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under SECTION I - Coverage A - Bodily Injury And Property Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from: a. Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or b, "Vnnr wnrk" completed as included in the "products -completed operations hazard", performed for the ad- ditional insured, which. is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organiza- tion in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. Includes copyrighted material of Insurance Services Office, Inc., with its permission, U-GIr1175-B CW (3/2007) Page 1 of 2 D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. L. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. l'. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Com- mercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Com- mercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured oil a primary and non-contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. Includes copyrighted material of Insumnee Services Office, Inc., with its permission. U-GL-1175 B CW (3/2007) Page 2 of 2 POLICY NUMBER: GLO 5962904• COMMERCIAL GENERAL LIABILITY CG24040509 WAIWER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: �MMERi IA[KGEN" t�l l {A UII COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS. will The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -- Conditions: We waive. any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'Your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 13 POLICYNUMBER:BAP 5962905• COMMERCIAL AUTO CA04030604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: @ , s COVERAGE FORM GE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Representative) SCHEDULE Name and Address of Additional Insured: ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT ADDITIONAL INSURED COVERAGE BE PROVIDED UNDER THIS POLICY.. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section II) is amended to in- clude as an 'Insured" the person(s) or organiza- tions) shown in the Schedule, but only with respect to their legal liability for acts or omissions of a per- son for whom Liability Coverage is afforded under this policy. B. The additional insured named in the Schedule or Declarations Is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, de- clared by us shall be paid to you. C. You are authorized to act for the additional Insured named In the Schedule or Declarations in all matters pertaining to this insurance. D. We will mail the additional insured named in the Schedule or Declarations notice of any cancellation of this policy. If we cancel, we will give 10 days no- tice to the additional insured. E. The additional Insured named In the Schedule or Declarations will retain any right of recovery as a claimant under this policy. CA 04 03 06 04 0 ISO Properties, Inc., 2003 Page 1 of 1 0 POLICY NUMBER: BAP 5962905 COMMERCIAL AUTO CA 20 89 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US �Ul>DAGAT This endorsement modifies insurance provided under the following: , o COVERAGE FORM I " AU O PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Representative) SCHEDULE Name Of Person(s) Or Organization(s)- ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. Additional Premium I INCL (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others Tb Us Condition does not apply to the person(s) or organiza- tions) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termi- nation of this endorsement or the policy. CA 20 89 06 04 0 ISO Properties, Inc., 2003 Page 1 of 1 0 E3if�N AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A POLICY NUMBER: WC5962906 (Ed. 1-00) COMMON, =a.OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described In the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. The premium for this endorsement Is shown In the Schedule. Schedule Specific Waiver Name of person or organization (X ) Blanket Waiver Any pens ii or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll In connection with work performed for the above persons) or organization(s) arising out of the operations described. 4. Advance Premium: WC420304A (Ed. 1-00) CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY 0 Commercial General Liability General Aggregate $ 0 Claims Made Products-Comp/Op AGG $ 0 Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ 0 Scheduled Autos Bodily Injury (Per Accident) $ 0 Hired Autos Property Damage $ 0 Non -Owned Autos GARAGE LIABILITY 0 Any Auto Auto Only - Each Accident $ 0 Other than Auto Only: Each Accident $ Aggregate $ 0 BUILDER'S RISK 0 100% of the Total Contract Price $ 0 INSTALLATIONFLOATER $ EXCESS LIABILITY 0 Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ 0 Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name Insurer) MUST BE SENT TO THE CITY OF LUBBOCK Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General Liability on a primary and non-contributory bases and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; 111 (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE ADDITIONAL INSURED ENDORSEMENT SMALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. i _� I" 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 512-305-7238 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. PAGE INTENTIONALLY LEFT BLANK CONTRACT PAGE INTENTIONALLY LEFT BLANK CONTRACT 10604 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 281h day of February, 2013 , by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Centennial Moisture Control Inc. of the City of Irving, County of Dallas and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 12-10604-DT - Lubbock Memorial Civic Center Pedestrian Walkway Repairs and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. Centennial Moisture Control Inc. bid dated February 6, 2013 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: B: PRINTED AME: So 5 E ?"a m r TITLE: r '� COMPLETE ADDRESS: Company Centennial Moisture Control Inc. Address 1780 Hurd Drive City, State, Zip Dallas Texas 75038 ATTEST: Co orate Secretary CITY OF ? • . G •. •n, Mayor r Rebecca Garza, City Secretary Scott Snider, Assistant City Manager APP D A TO FORM: City Attorney PAGE INTENTIONALLY LEFT BLANK GENERAL CONDITIONS OF THE AGREEMENT PAGE INTENTIONALLY LEFT BLANK GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Parry, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Centennial Moisture Control, Inc. 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 Freddy Chavez, Civic Services Director so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been dulyserved if delivered in person to the individual or to a member of the firm or to an Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless 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 IJ 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 shall 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 shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall 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 shall 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 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 shall 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 are 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. 2 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between ' p y g e the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be { deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, 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 LRepresentative and Contractor. r, 19. 21 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. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 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 are 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. SANITATION Ell 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. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work shall 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 shall 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 4 i_ tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. ~' 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in �' Y g Y . _. 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. ►z ::. •;, The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered -- by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. 25 In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, 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 shall 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 coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. l:3 149 I� 19 Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury WITH HEAVY EQUIPMENT ENDORSEMENT Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. Umbrella Liability Insurance - NOT REQUIRED. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage" vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and i payroll amounts and filing of any coverage agreements, which meets the statutory requirements ii i f_� 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. �Jl 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the 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 9 (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 shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. P1 (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured 1 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. t� (9) A Contractor shall: 10_ (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing i labor or transportation or other service related to the project, regardless of the identity _ of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and -" (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; i 29. 30. (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."; t- (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the -� project; , (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee H compensation, job training, and other terms, conditions, and privileges of employment. ( PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machine and arts thereof, equipment, ower tools and supplies, incurred in the performance of this contract machinery p p pp 12 [ j and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall a all royalties and license fees, and shall provide for the use of an design, device, material PY p Y g 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 Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 i the Owner, and all of its Offices, 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. hi 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. a 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. 13 35 36. 37. 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 25(TWENTY FIVE) 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. 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 Contractor will start the several parts of the work and estimated dates of completion of the several parts. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 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 14 which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, 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 rice shall constitute a waiver of all claims against Owner, Owner's pY P g 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 ..6 for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall 15 43. 44. 45 46. determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 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. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. PAYMENT WITHHELD 16 s The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of - (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's F - 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 t, 50. Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 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. 18 r The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in t the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne b the Contractor at his own cost and expense. p Y p 53. INDEPENDENT CONTRACTOR �.1 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 1 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. 19 _1 56. UFA 58 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. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. nil DAVIS BACON WAGE DETERMINATIONS PAGE INTENTIONALLY LEFT BLANK : EXHIBIT A I- Superseded General Decision Number: TX20120262 L_ State: Texas Construction Type: Building County: Lubbock County in Texas. Modification Number Publication Date 0 01/04/2013 BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Rates Fringes Rates Fringes Rates Fringes BOIL0531-001 01/01/2012 SHEETMETAL WORKER (HVAC Duct and Unit Installation) ........... $ 22.18 WELDERS - Receive rate Boilermaker..$ 23.06 20.28 9.47 prescribed for craft SUTX2009-168 06/03/2009 performing * BRTX0005-003 06/01/2012 operation to which welding CEMENT MASON/CONCRETE is incidental Bricklayer..$ 19.50 1.73 FINISHER ... $ 18.58 0.00 Unlisted classifications CARP0665-002 05/01/2010 ELECTRICIAN ....... $ 18.09 2.36 needed for work not Carpenter ....... $ 20.18 5.56 included within IRONWORKER, the scope of the ENGI0178-004 12/01/2009 STRUCTURAL ........... $ 10.38 classifications listed may be 0.00 added after OPERATOR: Forklift ..............$ LABORER: Common or General ...... $ award only as provided in 21.20 9.35 8.86 0.00 the labor standards contract IRON0263-017 06/01/2012 clauses Ironworker, reinforcing ........ $ LABORER: Mason Tender - Brick ... $ (29CFR 5.5 (a) (1) (ii)). 21.85 5.40 11.00 0.00 OPERATOR: Backhoe/Excavator..... $ PAIN0053-003 04/01/2008 13.81 0.00 Painter - Brush, Roller & Spray .............$ 15.81 4.56 OPERATOR: Grader/Blade .......... $ 12.97 0.00 * PLUM0629-019 09/24/2012 OPERATOR: Loader (Front End) .... $ PLUMBER/PIPEFITTER$ 22.50 12.23 0.00 6.25 ROOFER ............ $ 12.06 0.00 SHEE0049-007 06/01/2011 TILE SETTER ....... $ 8.50 0.00 TRUCK DRIVER ...... $ 10.15 0.00 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling } On surveyrelated matters, initial contact including requests � g q for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative -~ Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 } 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime in excess of forty hours per week shall be as required b the Fair Labor Standards Act. � riY P ) q Y EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS PAGE INTENTIONALLY LEFT BLANK PROJECT MANUAL LUBBOCK MEMORIAL CIVIC CENTER PEDESTRIAN WALKWAY STRUCTURAL REPAIRS CITY OF LUBBOCK 1625 13t'' STREET LUBBOCK, TEXAS 79401 PROJECT NO. 12-10604 t DATE: November 14, 2012 THOMA ENGINEERING, INC. 5502 58" Street, Suite 200 Lubbock, Texas 79414-2074 (806) 745-4881 FANNING, FANNING & ASSOCIATES 2555 74" Street Lubbock, Texas 79423 (806) 745-2533 SET NO. TABLE OF CONTENTS FOR SPECIFICATIONS Lubbock Memorial Civic Center Pedestrian Walkway Structural Repairs City of Lubbock 1625 13th Street Lubbock, Texas 79401 (Division Section Title Pages) Title Page 1 Table of Contents 2 DIVISION Ol - GENERAL REQUIREMENTS 011000 Summary 012100 Allowances 012200 Unit Prices 012300 Alternates 012500 Substitution Procedures 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013300 Submittal Procedures 014000 Quality Requirements 014200 References 015000 Temporary Facilities and Controls 016000 Product Requirements 017300 Execution 017700 Closeout Procedures 017823 Operation and Maintenance Data 017839 Project Record Documents DIVISION 02 - SITEWORK 024119 Selective Demolition DIVISION 03 - CONCRETE 039300 Concrete Rehabilitation DIVISION 04 - MASONRY - Omitted DIVISION 05 - METALS - Omitted 3 2 1 1 3 2 3 6 6 6 7 4 6 4 5 3 3 7 TABLE OF CONTENTS FOR SPECIFICATIONS TOC-1 DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES - Omitted DIVISION 07 - THERMAL AND MOISTURE PROTECTION - Omitted DIVISION 08 - DOORS AND WINDOWS 081113 Steel Doors and Frames DIVISION 09 - FINISHES 092400 099653 Portland Cement Plaster Elastomeric Coatings DIVISION 10 - SPECIALTIES - Omitted DIVISION 11- EQUIPMENT - Omitted DIVISION 12 - FURNISHINGS - Omitted DIVISION 13 - SPECIAL CONSTRUCTION - Omitted DIVISION 14 - CONVEYING EQUIPMENT - Omitted DIVISION 15 - MECHANICAL - Omitted DIVISION 16 - ELECTRICAL 160100 Basic Electrical Requirements 161100 Raceways 161200 Wires and Cables 161700 Grounding and Bonding END OF TABLE OF CONTENTS 3 3 3 4 4 5 3 TABLE OF CONTENTS FOR SPECIFICATIONS TOC - 2 SECTION 011000 - SUMMARY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Project information. 2. Work covered by Contract Documents. 3. Work by Owner. 4. Access to site. 5. Coordination with occupants. 6. Work restrictions. 7. Specification and drawing conventions. 8. Miscellaneous provisions. B. Related Requirements: 1. Division 01 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.3 PROJECT INFORMATION A. Project Identification: Lubbock Memorial Civic Center, Pedestrian Walkway Repairs. 1. Project Location: LUBBOCK CIVIC CENTER, 1501 Mac Davis Lane, Lubbock, Texas. 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of Project is defined by the Contract Documents and consists of the following: 1. The Work includes demolition of bad and spalling concrete from walkway support beams and columns, retaining walls and ceilings and the patching of the same items. The demolition also includes the removal of the existing electrical conduit and light fixtures at the ceiling, all stucco plaster soffits, and indicated louvers, doors & frames. New work includes new louvers, doors & frames, new soffits with access panels for existing light ballasts, and new elastomeric finish coatings where indicated. B. Type of Contract: 1. Project will be constructed under a single prime contract. 1.5 WORK BY OWNER A. General: Cooperate fully with Owner so work may be carried out smoothly, without interfering with or delaying work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner. B. Concurrent Work: Owner will perform the following construction operations at Project site. Those operations will be conducted simultaneously with work under this Contract. 1. Owner will remove existing wall mounted light fixtures to allow Contractor to paint existing repaired surfaces. C. Subsequent Work: Owner will perform the following additional work at site after Substantial Completion. Completion of that work will depend on successful completion of preparatory work under this Contract. 1. Owner will remove existing concrete curb & gutter and walks at the area immediately in front of the Pump Room and provide new concrete curb & gutter and walks in their place. Coordinate with the Owner for the installation of the new threshold at the new pair of Pump Room doors. SUMMARY 011000 - 1 1.6 ACCESS TO SITE A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section. B. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. Coordinate with Owner as to parking and staging. 1. Limits: Confine construction operations to areas indicated by the Owner for staging of equipment and the specific areas indicated on the Drawings for the Work. 2. Driveways, Walkways and Entrances: Keep driveways, parking garage, loading areas, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site. C. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period. Repair damage caused by construction operations. 1.7 COORDINATION WITH OCCUPANTS A. Full Owner Occupancy: Owner will occupy site and existing building(s) during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits unless otherwise indicated. 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction. 2. Notify Owner not less than 72 hours in advance of activities that will affect Owner's operations.. 1.8 WORK RESTRICTIONS A. Work Restrictions, General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction. B. On -Site Work Hours: Limit work to normal business working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise indicated. 1. Weekend Hours: Coordinate with Owner. 2. Early Morning Hours: Coordinate with Owner. 3. Hours for Utility Shutdowns: Coordinate with Owner. 4. Hours for noisy activity: Coordinate with Owner. C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated: 1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Obtain Owner's written permission before proceeding with utility interruptions. D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner. 1. Notify Owner not less than two days in advance of proposed disruptive operations. 2. Obtain Owner's written permission before proceeding with disruptive operations. E. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet of entrances, operable windows, or outdoor -air intakes. SUMMARY 011000 - 2__ 1.9 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 011000 This Section prepared by Thoma Engineering, Inc. SUMMARY 011000 - 3 THIS PAGE INTENTIONALLY LEFT BLANK. SECTION 012100 - ALLOWANCES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements governing allowances. 1. Certain items are specified in the Contract Documents by allowances. Allowances have been established in lieu of additional requirements and to defer selection of actual materials and equipment to a later date when direction will be provided to Contractor. If necessary, additional requirements will be issued by Change Order. B. Types of allowances include the following: 1. Contingency allowances. 2. Testing and inspecting allowances. C. Related Requirements: 1. Division 01 Section "Unit Prices" for procedures for using unit prices. 2. Division 01 Section "Quality Requirements" for procedures governing the use of allowances for testing and inspecting. 3. Individual Specification Sections for items of Work covered by allowances. 1.3 ACTION SUBMITTALS A. Submit proposals for purchase of products or systems included in allowances, in the form specified for Change Orders. 1.4 COORDINATION A. Coordinate allowance items with other portions of the Work 1.5 CONTINGENCY ALLOWANCES A. Use the contingency allowance only as directed by Engineer for Owner's purposes and only by Change Orders that indicate amounts to be charged to the allowance. B. Change Orders authorizing use of funds from the contingency allowance will include Contractor's related costs and reasonable overhead and profit margins. C. At Project closeout, credit unused amounts remaining in the contingency allowance to Owner by Change Order. 1.6 TESTING AND INSPECTING ALLOWANCES A. Testing and inspecting allowances include the cost of engaging testing agencies, actual tests and inspections, and reporting results. B. The allowance does not include incidental labor required to assist the testing agency or costs for retesting if previous tests and inspections result in failure. The cost for incidental labor to assist the testing agency shall be included in the Contract Sum. C. Costs of services not required by the Contract Documents are not included in the allowance. D. At Project closeout, credit unused amounts remaining in the testing and inspecting allowance to Owner by Change Order. ALLOWANCES 012100 - 1 1.7 ADJUSTMENT OF ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance, multiplied by final measurement of work -in -place where applicable. If applicable, include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. 1. Include installation costs in purchase amount only where indicated as part of the allowance. 2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the purchase order amount or Contractor's handling, labor, installation, overhead, and profit. 1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in the Contract Documents. 2. No change to Contractor's indirect expense is permitted for selection of higher - or lower -priced materials or systems of the same scope and nature as originally indicated. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 SCHEDULE OF ALLOWANCES A. Allowance No. 1: Contingency Allowance: Include a contingency allowance of $15,000.00 for use according to Owner's written instructions. B. Allowance No. 2: Testing and Inspection Allowance: Include the sum of $2,500.00 for testing concrete to be provided by Owner as specified in Division 03 Section "Concrete Rehabilitation." END OF SECTION 012100 This Section prepared by Thoma Engineering, Inc. ALLOWANCES 012100 - 2 SECTION 012200 - UNIT PRICES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for unit prices. B. Related Requirements: 1. Division 01 Section "Contract Modification Procedures" for procedures for submitting and handling Change Orders. 2. Division 01 Section "Quality Requirements" for general testing and inspecting requirements. 1.3 DEFINITIONS A. Unit price is an amount incorporated in the Agreement, applicable during the duration of the Work as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or estimated quantities of Work required by the Contract Documents are increased or decreased. 1.4 PROCEDURES. A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, overhead, and profit. B. Measurement and Payment: See individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections. C. Owner reserves the right to reject Contractor's measurement of work -in -place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor. D. List of Unit Prices: A schedule of unit prices is included in Part 3. Specification Sections referenced in the schedule contain requirements for materials described under each unit price. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 SCHEDULE OF UNIT PRICES A. Unit Price 1: Cutting and patching of spalling concrete on vertical surfaces. 1. Description: Cutting and patching of existing vertical surfaces of concrete (Primarily beams and walls.) in accordance with Division 1 Section "Execution" and Division 3 Sections Concrete Rehabilitation as indicated on Drawings. 2. Unit of Measurement: Square feet of cutting and patching done. B. Unit Price No. 2: Cutting and patching of spalling concrete on horizontal surfaces. 1. Description: Cutting and patching of existing horizontal surfaces (Primarily beams and precast concrete bridge panels.) of concrete in accordance with Division 1 Section "Execution" and Division 3 Section "Concrete Rehabilitation," as indicated on Drawings. 2. Unit of Measurement: Square feet of cutting and patching done. END OF SECTION 012200 This Section prepared by Thoma Engineering, Inc. UNIT PRICES 012200 - 1 THIS PAGE INTENTIONALLY LEFT BLANK. 012300 - ALTERNATES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for alternates. 1.3 DEFINITIONS A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the bidding requirements that may be added to or deducted from the base bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. Alternates described in this Section are part of the Work only if enumerated in the Agreement. 2. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. 1.4 PROCEDURES A. Coordination: Revise or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate. B. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated revisions to alternates. C. Execute accepted alternates under the same conditions as other work of the Contract. D. Schedule: A schedule of alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 SCHEDULE OF ALTERNATES A. Alternate No. 1: Ceiling Paint. 1. Base Bid: Make indicated repairs to existing precast concrete bridge span panels with no finish applied. 2. Alternate: Provide an elastomeric finish to the existing precast concrete bridge span panels as indicated, marked as "Alternate No. 1".and specified in Section 099653 Elastomeric Coatings END OF SECTION 012300 This Section prepared by Thoma Engineering, Inc. ALTERNATES 012300 - 1 THIS PAGE INTENTIONALLY LEFT BLANK. e. SECTION 012500 - SUBSTITUTION PROCEDURES PART 1 - GENERAL �rt 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification j Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for substitutions. B. Related Requirements: 1. Division 01 Section "Allowances" for products selected under an allowance. 2. Division 01 Section "Alternates" for products selected under an alternate. 3. Division 01 Section "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers. 4. Divisions 02 through 33 Sections for specific requirements and limitations for substitutions. A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms. 2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner. 1.4 ACTION SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Time Restrictions: Engineer will consider requests for substitutions submitted only within 15 days after the date established for the "Notice to Proceed". 2. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable. b. Coordination information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. C. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. Certificates and qualification data, where applicable or requested. g. List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and owners. �' SUBSTITUTION PROCEDURES 012500 - 1 h. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. i. Research reports evidencing compliance with building code in effect for Project, from IBC. j. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. k. Cost information, including a proposal of change, if any, in the Contract Sum. I. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. M. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 3. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Engineer will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Forms of Acceptance: Change Order, Construction Change Directive, or Engineer's Supplemental Instructions for minor changes in the Work. b. Use product specified if Engineer does not issue a decision on use of a proposed substitution within time allocated. 1.5 QUALITY ASSURANCE A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers. 1.6 PROCEDURES A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved substitutions. PART 2 - PRODUCTS 2.1 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1. Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Engineer will return requests without action, except to record noncompliance with these requirements: a. Requested substitution is consistent with the Contract Documents and will produce indicated results. b. Requested substitution provides sustainable design characteristics that specified product provided. C. Substitution request is fully documented and properly submitted. d. Requested substitution will not adversely affect Contractor's construction schedule. SUBSTITUTION PROCEDURES 012500 - 2 F-11 a e. Requested substitution has received necessary approvals of authorities having jurisdiction. f. Requested substitution is compatible with other portions of the Work. g. Requested substitution has been coordinated with other portions of the Work. h. Requested substitution provides specified warranty. i. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. B. Substitutions for Convenience: Not allowed unless otherwise indicated. PART 3 - EXECUTION (Not Used) END OF SECTION 012500 This Section prepared by Thoma Engineering, Inc. �` '` SUBSTITUTION PROCEDURES 012500 - 3 THIS PAGE INTENTIONALLY LEFT BLANK. 012600 - CONTRACT MODIFICATION PROCEDURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS _., A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for handling and processing Contract modifications. B. Related Requirements: 1. Division 01 Section "Substitution Procedures" for administrative procedures for handling requests for substitutions made after the Contract award. 1.3 MINOR CHANGES IN THE WORK A. Engineer will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on "Engineer's Standard Supplemental Instructions Form." 1.4 PROPOSAL REQUESTS A. Owner -Initiated Proposal Requests: Engineer will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Work Change Proposal Requests issued by Engineer are not instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request or 5 days, when not otherwise specified, after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. C. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. e. Quotation Form: Use forms as supplied by Owner provided by Owner. B. Contractor -Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Engineer. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. CONTRACT MODIFICATION PROCEDURES 012600 - 1 5. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Division 01 Section "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. 7. Proposal Request Form: Use form as supplied by Owner. 1.5 ADMINISTRATIVE CHANGE ORDERS A. Allowance Adjustment: See Division 01 Section "Allowances" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances. B. Unit -Price Adjustment: See Division 01 Section "Unit Prices" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit -price work. 1.6 CHANGE ORDER PROCEDURES A. On Owner's approval of a Work Changes Proposal Request, Engineer will issue a Change Order for signatures of Owner and Contractor on form as supplied by Owner. 1.7 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Engineer may issue a Change Directive on form as supplied by Owner. Construction Change Directive instructs Contractorto proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012600 This Section prepared by Thoma Engineering, Inc. CONTRACT MODIFICATION PROCEDURES 012600 - 2 iJ _s I I. 012900 - PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Requirements: 1. Division 01 Section "Allowances" for procedural requirements governing the handling and processing of allowances. 2. Division 01 Section "Unit Prices" for administrative requirements governing the use of unit prices. 3. Division 01 Section "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule. 1. Coordinate line items in the schedule of values with other required administrative forms and schedules, including the following: a. Application for Payment forms with continuation sheets. b. Submittal schedule. C. Items required to be indicated as separate activities in Contractor's construction schedule. 2. Submit the schedule of values to Engineer at earliest possible date, but no later than seven days before the date scheduled forsubmittal of initial Applications for Payment. B. Format and Content: Use Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the schedule of values: a. Project name and location. b. Name of Engineer. C. Engineer's project number. d. Contractor's name and address. e. Date of submittal. 2. Arrange schedule of values consistent with format of AIA Document G703. 3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of five percent of the Contract Sum. a. Include separate line items under principal subcontracts for Project closeout requirements in an amount totaling five percent of the Contract Sum and subcontract amount. 4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. {' PAYMENT PROCEDURES 012900- 1 5. Provide a separate line item in the schedule of values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on -site and items stored off -site. If required, include evidence of insurance. 6. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work -in -place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option. 8. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.5 APPLICATIONS FOR PAYMENT A. Each Application for Payment following the initial Application for Payment shall be consistent with previous applications and payments as certified by Engineer and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction work covered by each Application for Payment is the period indicated in the Agreement. 1. Submit draft copy of Application for Payment seven days prior to due date for review by Engineer. C. Application for Payment Forms: Use AIA Document G702 and AIA Document G703 as form for Applications for Payment. D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Engineer will return incomplete applications without action. 1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made. 2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment. 3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. 4. Indicate separate amounts for work being carried out under Owner -requested project acceleration. E. Stored Materials: Include in Application for Payment amounts applied for materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on -site and items stored off -site. 1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment, for stored materials. 2. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials. 3. Provide summary documentation for stored materials indicating the following: a. Value of materials previously stored and remaining stored as of date of previous Applications for Payment. �-a PAYMENT PROCEDURES 012900 - 2 b. Value of previously stored materials put in place after date of previous Application for Payment and on or before date of current Application for Payment. C. Value of materials stored since date of previous Application for Payment and remaining stored as of date of current Application for Payment. F. Transmittal: Submit three signed and notarized original copies of each Application for Payment to Engineer by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. G. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of values. 3. Contractor's construction schedule (preliminary if not final). 4. Combined Contractor's construction schedule (preliminary if not final) - incorporating Work of multiple contracts, with indication of acceptance of schedule by each Contractor. 5. Products list (preliminary if not final). 6. Schedule of unit prices. 7. Submittal schedule (preliminary if not final). 8. List of Contractor's staff assignments. 9. List of Contractor's principal consultants. 10. Copies of building permits. 11. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 12. Initial progress report. 13. Report of preconstruction conference. H. Application for Payment at Substantial Completion: After Engineer issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete l and a statement showing an accounting of changes to the Contract Sum. I. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. �. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims", or form acceptable to Owner. 5. AIA Document G706A, "Contractor's Affidavit of Release of Liens", or form _- acceptable to Owner. 6. Evidence that claims have been settled. 7. Final liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900 This Section prepared by Thoma Engineering, Inc. } PAYMENT PROCEDURES 012900 - 3 THIS PAGE INTENTIONALLY LEFT BLANK. 013100 - PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. General coordination procedures. 2. Requests for Information (RFIs). 3. Project Web site. 4. Project meetings. B. Related Requirements: 1. Division 01 Section "Execution" for procedures for coordinating general installation and field -engineering services, including establishment of benchmarks and control points. 2. Division 01 Section "Closeout Procedures" for coordinating closeout of the Contract. 1.3 DEFINITIONS A. RFI: Request from Owner, Engineer, or Contractor seeking information required by or clarifications of the Contract Documents. 1.4 INFORMATIONAL SUBMITTALS A. Subcontract List: Prepare a written summary identifying individuals orfirms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. B. Key Personnel Names: Within 15 days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home, office, and cellular telephone numbers and e-mail addresses. Provide names, addresses, and telephone numbers of individuals assigned as alternates in the absence of individuals assigned to Project. 1.5 GENERAL COORDINATION PROCEDURES A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other r components, before or after its own installation. 2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. --, PROJECT MANAGEMENT AND COORDINATION 013100 - 1 C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 1.6 REQUESTS FOR INFORMATION (RFIs) A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. Engineer will return RFIs submitted to Engineer by other entities controlled by Contractor with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Engineer. 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's suggested resolution impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches. C. RFI Forms: Software -generated form with substantially the same content as indicated above, acceptable to Engineer. 1. Attachments shall be electronic files in Adobe Acrobat PDF format. D. Engineer's and Construction Manager's Action: Engineer will review each RFI, determine action required, and respond. Allow seven working days for Engineer's response for each RFI. RFIs received by Engineer after 1:00 p.m. will be considered as received the following working day. 1. The following Contractor -generated RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. C. Requests for approval of Contractor's means and methods. d. Requests for coordination information already indicated in the Contract Documents. e. Requests for adjustments in the Contract Time or the Contract Sum. f. Requests for interpretation of Engineer's actions on submittals. g. Incomplete RFIs or inaccurately prepared RFIs. PROJECT MANAGEMENT AND COORDINATION 013100 - 2 2. Engineer's action may include a request for additional information, in which case Engineer's time for response will date from time of receipt of additional information. 3. Engineer's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Engineer in writing within 10 days of receipt of the RFI response. E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI g_ number. Submit log monthly. Use Software log with not less than the following: 1. Project name. 2. Name and address of Contractor. 3. Name and address of Engineer. 4. RFI number including RFIs that were returned without action or withdrawn. 5. RFI description. 6. Date the RFI was submitted. ---- 7. Date Engineer's response was received. F. On receipt of Engineer's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Engineer within seven days if Contractor disagrees with response. 1. Identification of related Field Order, Work Change Directive, and Proposal -„ Request, as appropriate. 1.7 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Engineer of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to - everyone concerned, including Owner and Engineer, within three days of the meeting. B. Preconstruction Conference: Schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Engineer, but no later than 15 days after execution of the Agreement. 1. Conduct the conference to review responsibilities and personnel assignments. 2. Attendees: Authorized representatives of Owner Engineer, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 3. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Critical work sequencing and long -lead items. C. Designation of key personnel and their duties. d. Lines of communications. e. Procedures for processing field decisions and Change Orders. f. Procedures for RFIs. g. Procedures for testing and inspecting. h. Procedures for processing Applications for Payment. i. Distribution of the Contract Documents. j. Submittal procedures. K' k. Preparation of record documents. PROJECT MANAGEMENT AND COORDINATION 013100 - 3 C. I. Use of the premises and existing building. M. Work restrictions. n. Working hours. o. Owner's occupancy requirements. p. Responsibility for temporary facilities and controls. q. Procedures for disruptions and shutdowns. r. Construction waste management and recycling. S. Parking availability. t. Office, work, and storage areas. U. Equipment deliveries and priorities. V. First aid. W. Security. X. Progress cleaning. 4. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction activity that requires coordination with other construction. 1. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Engineer of scheduled meeting dates. 2. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following: a. Contract Documents. b. Options. C. Related RFIs. d. Related Change Orders. e. Purchases. f. Deliveries. g. Submittals. h. Review of mockups. i. Possible conflicts. j. Compatibility requirements. k. Time schedules. I. Weather limitations. M. Manufacturer's written instructions. n. Warranty requirements. o. Compatibility of materials. p. Acceptability of substrates. q. Temporary facilities and controls. r. Space and access limitations. S. Regulations of authorities having jurisdiction. t. Testing and inspecting requirements. U. Installation procedures. V. Coordination with other work. W. Required performance results. X. Protection of adjacent work. Y. Protection of construction and personnel. 3. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions. 4. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information. 5. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date. PROJECT MANAGEMENT AND COORDINATION 013100 - 4 t D. Project Closeout Conference: Schedule and conduct a project closeout conference, at a time convenient to Owner and Engineer, but no later than 15 days prior to the scheduled date of Substantial Completion. 1. Conduct the conference to review requirements and responsibilities related to Project closeout. 2. Attendees: Authorized representatives of Owner, Engineer, and their consultants; Contractorand its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the meeting. Participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. 3. Agenda: Discuss items of significance that could affect or delay Project closeout, including the following: a. Preparation of record documents. b. Procedures required prior to inspection for Substantial Completion and for final inspection for acceptance. C. Submittal of written warranties. d. Requirements for preparing operations and maintenance data. e. Requirements for delivery of material samples, attic stock, and spare parts. f. Requirements for demonstration and training. g. Preparation of Contractor's punch list. h. Procedures for processing Applications for Payment at Substantial Completion and for final payment. i. Submittal procedures. j. Responsibility for removing temporary facilities and controls. 4. Minutes: Entity conducting meeting will record and distribute meeting minutes. E. Progress Meetings: Conduct progress meetings at regular intervals. 1. Coordinate dates of meetings with preparation of payment requests. 2. Attendees: In addition to representatives of Owner and Engineer, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. 3. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off -site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. PROJECT MANAGEMENT r AND COORDINATION 013100 - 5 14) Status of proposal requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.Retain "Coordination Meetings" Paragraph below if Project is constructed under multiple contracts or if some unusual circumstance requires tighter control than normal. Under multiple contracts, Owner often assigns responsibility for scheduling and conducting meetings to Project coordinator, who prepares the combined contractors' construction schedule. Insert special intervals such as "every third Tuesday" to suit special circumstances. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013100 This Section prepared by Thoma Engineering, Inc. r ■ PROJECT MANAGEMENT AND COORDINATION 013100 - 6 ,- _1 013300 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. Related Requirements: 1. Division 01 Section "Payment Procedures" for submitting Applications for Payment and the schedule of values. 2. Division 01 Section "Operation and Maintenance Data" for submitting operation and maintenance manuals. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Engineer's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals." B. Informational Submittals: Written and graphic information and physical samples that do not require Engineer's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals." C. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device -independent and display resolution -independent fixed -layout document format. 1.4 ACTION SUBMITTALS A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Engineer and additional time for handling and reviewing submittals required by those corrections. 1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. 2. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule. a. Submit revised submittal schedule to reflect changes in current status and timing for submittals. 3. Format: Arrange the following information in a tabular format: a. Scheduled date for first submittal. b. Specification Section number and title. C. Submittal category: Action; informational. d. Name of subcontractor. e. Description of the Work covered. f. Scheduled date for Engineer's final release or approval. g. Scheduled date of fabrication. 1.5 SUBMITTAL ADMINISTRATIVE REQUIREMENTS A. Engineer's Digital Data Files: Electronic digital data files of the Contract Drawings will not be provided by Engineer for Contractor's use in preparing submittals. ,..! B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. SUBMITTAL PROCEDURES 013300 - 1 2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Workto permit processing, including resubmittals. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Engineer will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 15 days for review of each resubmittal. D. Electronic Submittals: Identify and incorporate information in each electronic submittal file as follows: 1. Assemble complete submittal package into a single indexed file incorporating submittal requirements of a single Specification Section and transmittal form with links enabling navigation to each item. 2. Name file with submittal number or other unique identifier, including revision identifier. a. File name shall use project identifier and Specification Section number followed by a decimal point and then a sequential number (e.g., LNHS-061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., LNHS-061000.01.A). 3. Provide means for insertion to permanently record Contractor's review and approval markings and action taken by Engineer. 4. Transmittal Form for Electronic Submittals: Use electronic form acceptable to Owner, containing the following information: a. Project name. b. Date. C. Name and address of Engineer. d. Name of Contractor. e. Name of firm or entity that prepared submittal. f. Names of subcontractor, manufacturer, and supplier. g. Category and type of submittal. h. Submittal purpose and description. i. Specification Section number and title. j. Specification paragraph numberordrawing designation and generic name for each of multiple items. k. Drawing number and detail references, as appropriate. I. Location(s) where product is to be installed, as appropriate. M. Related physical samples submitted directly. n. Indication of full or partial submittal. o. Transmittal number, numbered consecutively. p. Submittal and transmittal distribution record. q. Other necessary identification. r. Remarks. 5. Metadata: Include the following information as keywords in the electronic submittal file metadata: a. Project name. b. Number and title of appropriate Specification Section. C. Manufacturer name. d. Product name. E. Options: Identify options requiring selection by Engineer. SUBMITTAL PROCEDURES 013300 - 2 F. Deviations and Additional Information: On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Engineer on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal. G. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked with approval notation from Engineer's action stamp. H. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. I. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Engineer's action stamp. PART 2 - PRODUCTS 2.1 SUBMITTAL PROCEDURES A. General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. Submit electronic submittals via email as PDF electronic files. a. Engineer, will return annotated file. Annotate and retain one copy of file as an electronic Project record document file. 2. Action Submittals: Submit three paper copies of each submittal unless otherwise indicated. Engineer, will return two copies. 3. Informational Submittals: Submit two paper copies of each submittal unless otherwise indicated. Engineer will not return copies. 4. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's catalog cuts. b. Manufacturer's product specifications. C. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information. 4. For equipment, include the following in addition to the above, as applicable: a. Wiring diagrams showing factory -installed wiring. b. Printed performance curves. C. Operational range diagrams. SUBMITTAL PROCEDURES 013300 - 3 d. Clearances required to other construction, if not indicated on F _ accompanying Shop Drawings. 5. Submit Product Data before or concurrent with Samples. 6. Submit Product Data in the following format: a. PDF electronic file. C. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. ` 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: F a. Identification of products. b. Schedules. C. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm), but no larger than 30 by 42 inches750 by 1067 mm). 3. Submit Shop Drawings in the following format: a. PDF electronic file. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these I characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. I b. Product name and name of manufacturer. C. Sample source. d. Number and title of applicable Specification Section. e. Specification paragraph number and generic name of each item. 3. For projects where electronic submittals are required, provide corresponding electronic submittal of Sample transmittal, digital image file illustrating Sample characteristics, and identification information for record. 4. Disposition: Maintain sets of approved Samples at Project site, available for quality -control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. b. Samples not incorporated into the Work, or otherwise designated as LJ Owner's property, are the property of Contractor. 5. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit one full set of available choices where color, r pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Engineer, will return submittal with options selected. 6. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured i SUBMITTAL PROCEDURES 013300 - 4 t or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit three sets pf Samples. Engineer will retain two Sample sets; remainder will be returned. 1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated. 2) If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least three sets of paired units that show approximate limits of variations. E. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended ` location. Include the following information in tabular form: ry 1. Type of product. Include unique identifier for each product indicated in the Contract Documents or assigned by Contractor if none is indicated. 2. Manufacturer and product name, and model number if applicable. 3. Description and location. 4. Submit product schedule in the following format: a. PDF electronic file. F. Coordination Drawing Submittals: Comply with requirements specified in Division 01 r Section "Project Management and Coordination." G. Application for Payment and Schedule of Values: Comply with requirements specified in Division 01 Section "Payment Procedures." H. Test and Inspection Reports and Schedule of Tests and Inspections Submittals: Comply with requirements specified in Division 01 Section "Quality Requirements." I. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Division 01 Section "Closeout Procedures." J. Maintenance Data: Comply with requirements specified in Division 01 Section "Operation and Maintenance Data." K. Qualification Data: Prepare written information that demonstrates capabilities and f experience of firm or person. Include lists of completed projects with project names and addresses, contact information of Engineers and owners, and other information specified. L. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on AWS forms. Include names of firms and personnel certified. M. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. N. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. O. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information: 1. Name of evaluation organization. 2. Date of evaluation. 3. Time period when report is in effect. 4. Product and manufacturers' names. 5. Description of product. 6. Test procedures and results. 7. Limitations of use. SUBMITTAL PROCEDURES 013300 - 5 P. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. Q. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. R. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer. B. Project Closeout and Maintenance Material Submittals: See requirements in Division 01 Section "Closeout Procedures." C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ENGINEER'S ACTION A. Action Submittals: Engineer will review each submittal, make marks to indicate corrections or revisions required, and return it. Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action. B. Informational Submittals: Engineer will review each submittal and will not return it, or will return it if it does not comply with requirements. Engineer will forward each submittal to appropriate party. C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Engineer. D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review. E. Submittals not required by the Contract Documents may be returned by the Engineer without action. END OF SECTION 013300 This Section prepared by Thoma Engineering, Inc. SUBMITTAL PROCEDURES 013300 - 6 - 014000 - QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specific quality -assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit Contractor's other quality -assurance and -control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality -assurance and -control services required by Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section. C. Related Requirements: 1. Division 01 Section "Allowances" for testing and inspecting allowances. 2. Divisions 02 through 33 Sections for specific test and inspection requirements. 1.3 DEFINITIONS A. Quality -Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality -Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Engineer. C. Mockups: Full-size physical assemblies that are constructed on -site. Mockups are constructed to verify selections made under Sample submittals; to demonstrate aesthetic effects and, where indicated, qualities of materials and execution; to review coordination, testing, oroperation; to show interface between dissimilar materials; and r- to demonstrate compliance with specified installation tolerances. Mockups are not Samples. Unless otherwise indicated, approved mockups establish the standard by which the Work will be judged. 1. Integrated Exterior Mockups: Mockups of the exterior envelope erected separately from the building but on Project site, consisting of multiple products, assemblies, and subassemblies. D. Preconstruction Testing: Tests and inspections performed specifically for Project before products and materials are incorporated into the Work, to verify performance or compliance with specified criteria. E. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements. F. Source Quality -Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop. G. Field Quality -Control Testing: Tests and inspections that are performed on -site for installation of the Work and for completed Work. H. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. QUALITY REQUIREMENTS 014000 - 1 L I. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, orSub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Use of trade -specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s). J. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.4 CONFLICTING REQUIREMENTS A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Engineer for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Engineer for a decision before proceeding. 1.5 ACTION SUBMITTALS A. Shop Drawings: For integrated exterior mockups, provide plans, sections, and elevations, indicating materials and size of mockup construction. 1. Indicate manufacturer and model number of individual components. 2. Provide axonometric drawings for conditions difficult to illustrate in two dimensions. 1.6 INFORMATIONAL SUBMITTALS A. Contractor's Quality -Control Plan: For quality -assurance and quality -control activities and responsibilities. B. Qualification Data : For Contractor's quality -control personnel. C. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. 1.7 REPORTS AND DOCUMENTS A. Test and Inspection Reports: Prepare and submit certified written reports when specified in other Sections. Include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. QUALITY REQUIREMENTS 014000 - 2 s: B. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following: 1. Name, address, and telephone number of technical representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. C. Factory -Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory -authorized service representative's tests and inspections when specified in other Sections. Include the following: 1. Name, address, and telephone number of factory -authorized service representative making report. 2. Statement that equipment complies with requirements. 3. Results of operational and other tests and a statement of whether observed performance complies with requirements. 4. Statement whether conditions, products, and installation will affect warranty. 5. Other required items indicated in individual Specification Sections. D. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.8 QUALITY ASSURANCE A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Manufacturer Qualifications: Afirm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project. F. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329 and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities. 1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. 2. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program. G. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect v, QUALITY REQUIREMENTS 014000 - 3 installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. H. Factory -Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. I. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: 1. Build mockups in location and of size indicated or, if not indicated, as directed by Engineer. 2. Notify Engineer seven days in advance of dates and times when mockups will be constructed. 3. Employ supervisory personnel who will oversee mockup construction. Employ workers that will be employed during the construction at Project. 4. Demonstrate the proposed range of aesthetic effects and workmanship. 5. Obtain Engineer's approval of mockups before starting work, fabrication, or construction. a. Allow seven days for initial review and each re -review of each mockup. 6. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. 7. Demolish and remove mockups when directed unless otherwise indicated. J. Integrated Exterior Mockups: Construct integrated exterior mockup as indicated on Drawings. Coordinate installation of exterior envelope materials and products for which mockups are required in individual Specification Sections, along with supporting materials. 1.9 QUALITY CONTROL A. Owner Responsibilities: Where quality -control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. 2. Payment for these services will be made from testing and inspecting allowances, as authorized by Change Orders. 3. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. B. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality -control activities required to verify that the Work complies with requirements, whether specified or not. 1. Unless otherwise indicated, provide quality -control services specified and those required by authorities having jurisdiction. Perform quality -control services required of Contractor by authorities having jurisdiction, whether specified or not. 2. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality -control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 3. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 4. Where quality -control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality -control service. 5. Testing and inspecting requested by Contractorand not required by the Contract Documents are Contractor's responsibility. 6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. QUALITY REQUIREMENTS 014000 - 4 l I`� C. Manufacturer's Field Services: Where indicated, engage a factory -authorized service representative to inspect field -assembled components and equipment installation, including service connections. Report results in writing as specified in Division 01 Section "Submittal Procedures." D. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of ' written reports. E. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality -control services, including retesting and - reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. F. Testing Agency Responsibilities: Cooperate with Engineer, and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. -- 1. Notify Engineerand Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which in -situ tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality -control service through Contractor. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. G. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality -control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: -, 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. H. Coordination: Coordinate sequence of activities to accommodate required quality -assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 TEST AND INSPECTION LOG A. Test and Inspection Log: Prepare a record of tests and inspections. Include the following: 1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Engineer. QUALITY REQUIREMENTS 014000 - 5 4. Identification of testing agency or special inspector conducting test or inspection. B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Engineer's, reference during normal working hours. 3.2 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Division 01 Section "Execution." B. Protect construction exposed by or for quality -control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality -control services. END OF SECTION 014000 This Section prepared by Thoma Engineering, Inc. QUALITY REQUIREMENTS 014000 - 6 ,1 014200 - REFERENCES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Engineer's action on Contractor's submittals, applications, and requests, "approved" is limited to Engineer's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed": A command or instruction by Engineer. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. "Provide": Furnish and install, complete and ready for the intended use. I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.3 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. 1.4 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. AA M A REFERENCES American Architectural Manufacturers Association www.aamanet.org (847) 303-5664 014200 - 1 AASHTO American Association of State Highway and (202) 624-5800 Transportation Officials www.transportation.org ACI American Concrete Institute (248) 848-3700 www.concrete.org AEIC Association of Edison Illuminating Companies, Inc. (205) 257-2530 (The) www.aeic.org AGC Associated General Contractors of America (The) (703) 548-3118 www.agc.org AIA American Institute of Architects (The) (800) 242-3837 www.aia.org (202) 626-7300 AISC American Institute of Steel Construction (800) 644-2400 www.aisc.org (312) 670-2400 AISI American Iron and Steel Institute (202) 452-7100 www.steel.org ANSI American National Standards Institute (202) 293-8020 www.ansi.org APA Architectural Precast Association (239) 454-6989 www.archprecast.org ASCE American Society of Civil Engineers (800) 548-2723 www.asce.org (703) 295-6300 REFERENCES 014200 - 2 ASCE/SEI American Society of Civil Engineers/Structural Engineering Institute (See ASCE) AWS American Welding Society (800) 443-9353 www.aws.org (305) 443-9353 BHMA Builders Hardware Manufacturers Association (212) 297-2122 www.buildershardware.com CRSI Concrete Reinforcing Steel Institute (847) 517-1200 www.crsi.org CSI Construction Specifications Institute (The) (800) 689-2900 www.csinet.org (703) 684-0300 DHI Door and Hardware Institute (703) 222-2010 www.dhi.org EJCDC Engineers Joint Contract Documents Committee (703) 295-5000 www.ejdc.org EJMA Expansion Joint Manufacturers Association, Inc. (914) 332-0040 www.ejma.org FMRC Factory Mutual Research (Now FM Global) HMMA Hollow Metal Manufacturers Association (Part of NAAMM) ICRI International Concrete Repair Institute, Inc. (847) 827-0830 www.icri.org REFERENCES 014200 - 3 IEEE Institute of Electrical and Electronics Engineers, Inc. (212) 419-7900 (The) www.ieee.org IESNA Illuminating Engineering Society of North America (212) 248-5000 www.iesna.org ISO International Organization for Standardization 41 22 749 01 11 www.iso.ch MPI Master Painters Institute (888) 674-8937 www.paintinfo.com (604) 298-7578 NAAMM National Association of Architectural Metal (630) 942-6591 Manufacturers www.naamm.org NECA National Electrical Contractors Association (301) 657-3110 www.necanet.org NEMA National Electrical Manufacturers Association (703) 841-3200 www.nema.org NETA InterNational Electrical Testing Association (888) 300-6382 www.netaworld.org (269) 488-6382 NFPA NFPA (800) 344-3555 (National Fire Protection Association) (617) 770-3000 www.nfpa.org NRMCA National Ready Mixed Concrete Association (888) 846-7622 www.nrmca.org (301) 587-1400 REFERENCES 014200 - 4 PCI Precast/Prestressed Concrete Institute (312) 786-0300 www.pci.org PDCA Painting & Decorating Contractors of America (800) 332-7322 www.pdca.com (314) 514-7322 SAE SAE International (877) 606-7323 www.sae.org (724) 776-4841 SDI Steel Door Institute (440) 899-0010 www.steeldoor.org SEI/ASCE Structural Engineering Institute/American Society of Civil Engineers (See ASCE) SMACNA Sheet Metal and Air Conditioning Contractors' National Association www.smacna.org SWRI Sealant, Waterproofing, & Restoration Institute www.swrionline.org UL Underwriters Laboratories Inc. www.ul.com (703)803-2980 (816)472-7974 (877) 854-3577 (847)272-8800 B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. ICC International Code Council (888) 422-7233 www.iccsafe.org REFERENCES 014200 - 5 ICC-ES ICC Evaluation Service, Inc. www.icc-es.org (800) 423-6587 (562)699-0543 UBC Uniform Building Code (See ICC) C. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. CPSC Consumer Product Safety Commission (800) 638-2772 www.cpsc.gov (301) 504-7923 DOE Department of Energy (202) 586-9220 www.energy.gov EPA Environmental Protection Agency (202) 272-0167 www.epa.gov NIST National Institute of Standards and Technology (301) 975-6478 www.nist.gov OSHA Occupational Safety & Health Administration (800) 321-6742 www.osha.gov (202) 693-1999 D. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. ADAAG Americans with Disabilities Act (ADA) (800) 872-2253 Architectural Barriers Act (ABA) (202) 272-0080 Accessibility Guidelines for Buildings and Facilities Available from U.S. Access Board www.access-board.gov REFERENCES 014200 - 6 FS Federal Specification (215) 697-2664 Available from Department of Defense Single Stock Point http://dodssp.daps.dia.mil Available from Defense Standardization Program www.dps.dla.mil Available from General Services Administration (202) 619-8925 www.gsa.gov Available from National Institute of Building Sciences (202) 289-7800 www.wbdg.org/ccb FTMS Federal Test Method Standard (See FS) PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 014200 This Section prepared by Thoma Engineering, Inc. REFERENCES 014200 - 7 THIS PAGE INTENTIONALLY LEFT BLANK. 015000 - TEMPORARY FACILITIES AND CONTROLS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Related Requirements: 1. Division 01 Section "Summary" for work restrictions and limitations on utility interruptions. 1.3 USE CHARGES A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Owner's construction forces, Engineer, occupants of Project, testing agencies, and authorities having jurisdiction. B. Water from Existing System: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. C. Electric Power Service from Existing System: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. 1.4 INFORMATIONAL SUBMITTALS A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel. B. Fire -Safety Program: Show compliance with requirements of NFPA 241 and authorities having jurisdiction. Indicate Contractor personnel responsible for management of fire -prevention program. C. Moisture -Protection Plan: Describe procedures and controls for protecting materials and construction from water absorption and damage. 1. Describe delivery, handling, and storage provisions for materials subject to water absorption or water damage. 2. Indicate procedures for discarding water -damaged materials, protocols for mitigating water intrusion into completed Work, and replacing water -damaged Work. 3. Indicate sequencing of work that requires water, such as sprayed fire -resistive materials, plastering, and terrazzo grinding, and describe plans for dealing with water from these operations. Show procedures for verifying that wet construction has dried sufficiently to permit installation of finish materials. D. Dust- Control Plan: Submit coordination drawing and narrative that indicates the dust - and control measures proposed for use, proposed locations, and proposed time frame for their operation. Identify further options if proposed measures are later determined to be inadequate. Include the following: 1. Waste handling procedures. 2. Other dust -control measures. 1.5 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. TEMPORARY FACILITIES AND CONTROLS 015000 - 1 PART 2 - PRODUCTS 2.1 MATERIALS A. Polyethylene flame -spread 2. Sheet: Reinforced, fire -resistive sheet, 10-mil thickness, with rating of 15 or less per ASTM E 84 and passing NFPA 701 Test Method g 2.2 TEMPORARY FACILITIES A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. B. Common -Use Field Office: Of sufficient size to accommodate needs of Owner, Engineer, and construction personnel office activities and to accommodate Project meetings specified in other Division 01 Sections. Keep office clean and orderly. Furnish and equip offices as follows: 1. Furniture required for Project -site documents including file cabinets, plan tables, plan racks, and bookcases. 2. Conference room of sufficient size to accommodate meetings of 10 individuals. Provide electrical power service and 120-V ac duplex receptacles, with no fewer than one receptacle on each wall. Furnish room with conference table, chairs, and 4-foot-square tack and marker boards. 3. Drinking water. 4. Coffee machine and supplies. 5. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 to 72 deg F. 6. Lighting fixtures capable of maintaining average illumination of 20 fc at desk height. C. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate materials and equipment for construction operations. 1. Store combustible materials apart from building. 2.3 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. B. HVAC Equipment: Provide vented, self-contained, liquid -propane -gas orfuel-oil heaters with individual space thermostatic control. 1. Use of gasoline -burning space heaters, open -flame heaters, or salamander -type heating units is prohibited. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B. Water Service: Connect to Owner's existing water service facilities. Clean and maintain water service facilities in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. C. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. TEMPORARY FACILITIES AND CONTROLS 015000 - 2 I_ , D. Isolation of Work Areas in Occupied Facilities: Prevent dust, fumes, and odors from entering occupied areas. 1. Maintain dust partitions during the Work. Isolate limited work within occupied areas using portable dust -containment devices. 2. Perform daily construction cleanup and final cleanup. 1 E. Electric Power Service: Connect to Owner's existing electric power service. Maintain equipment in a condition acceptable to Owner. F. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system. 2. Install lighting for Project identification sign. G. Telephone Service: Provide temporary telephone service in common -use facilities for use by all construction personnel. 1. Provide additional telephone lines for the following: a. Provide a dedicated telephone line for each facsimile machine in each field office. 2. At each telephone, post a list of important telephone numbers. a. Police and fire departments. b. Ambulance service. C. Contractor's home office. d. Contractor's emergency after-hours telephone number. e. Owner's office. ' f. Principal subcontractors' field and home offices. 3. Provide superintendent with cellular telephone or portable two-way radio for use when away from field office. H. Electronic Communication Service: Provide a desktop computer in the primary field office adequate for use by Engineer and Owner to access Project electronic documents and maintain electronic communications. Equip computer with not less than the } following: 1. Processor: Intel Pentium D or Intel CoreDuo, 2. Full-size keyboard and mouse. 3. Network Connectivity: 10/100BaseT Ethernet. 4. Operating System: Microsoft Windows XP Professional or Microsoft Windows Vista Business. 5. Productivity Software: a. Microsoft Office Professional, XP or higher, including Word, Excel, and Outlook. - b. Adobe Reader 7.0 or higher. C. WinZip 7.0 or higher. 6. Printer: "All -in -one" unit equipped with printer server, combining color printing, photocopying, scanning, and faxing, or separate units for each of these three q functions. 7. Internet Service: Broadband modem, router and ISP, equipped with hardware firewall. " 8. Internet Security: Integrated software, providing software firewall, virus, spyware, phishing, and spam protection in a combined application. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. Provide construction for temporary offices, shops, and sheds located within construction area or within 30 feet of building lines that is noncombustible according to ASTM E 136. Comply with NFPA 241. 2. Maintain support facilities until Engineer schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. } TEMPORARY FACILITIES AND CONTROLS 015000 - 3 B. Parking: Use designated areas of Owner's existing parking areas for construction personnel. C. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted. 1. Identification Signs: Provide Project identification signs as indicated on Drawings. 2. Temporary Signs: Provide other signs as indicated and as required to inform public and individuals seeking entrance to Project. 3. Maintain and touchup signs so they are legible at all times. D. Waste Disposal Facilities: Provide waste -collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with progress cleaning requirements in Division 01 Section "Execution." E. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing facilities. B. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. 1. Comply with work restrictions specified in Division 01 Section "Summary." C. Site Enclosure Fence: Before construction operations begin furnish and install site enclosure in a manner that will limit people from easily entering site. 1. Extent of Enclosure: As required to restrict or limit pedestrian access to areas under construction and continue to allow vehicular access to and from parking areas within the building. D. Security Enclosure and Lockup: Install temporary enclosure around partially - completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. Lock entrances at end E. of each work day. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. F. Temporary Egress: Maintain temporary egress from existing occupied facilities as x indicated and as required by authorities having jurisdiction. G. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, - and similar activities. Provide temporary weathertight enclosure for building exterior. 1. Where heating or cooling is needed and permanent enclosure is incomplete, insulate temporary enclosures. H. Temporary Partitions: Provide floor -to -ceiling dust resistant barriers to limit dust and t' dirt migration and to separate areas occupied by Owner from fumes and noise. 1. Construct dust resistant barriers with two layers of 6-mil polyethylene sheet taped to floor. I. Temporary Fire Protection: Install and maintain temporary fire -protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241; manage fire -prevention program. 1 1. Prohibit smoking in construction areas. 2. Supervise welding operations, combustion -type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction. 3. Develop and supervise an overall fire -prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post t warnings and information. ' TEMPORARY FACILITIES AND CONTROLS 015000 - 4 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. {* B. Maintenance: Maintain facilities in good operating condition until removal. } 1. Maintain operation of temporary enclosures and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. C. Operate Project -identification -sign lighting daily from dusk until 12:00 midnight. D. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. E. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Division 01 Section "Closeout Procedures." END OF SECTION 015000 This Section prepared by Thoma Engineering, Inc. I' ` TEMPORARY FACILITIES AND CONTROLS 015000 - 5 THIS PAGE INTENTIONALLY LEFT BLANK. 016000 - PRODUCT REQUIREMENTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products. B. Related Requirements: 1. Division 01 Section "Allowances" for products selected under an allowance. 2. Division 01 Section "Alternates" for products selected under an alternate. 3. Division 01 Section "Substitution Procedures" for requests for substitutions. 4. Division 01 Section "References" for applicable industry standards for products specified. 1.3 DEFINITIONS A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Basis -of -Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis -of -design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification. 1.4 ACTION SUBMITTALS A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Include data to indicate compliance with the requirements specified in "Comparable Products" Article. 2. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Engineer will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Form of Approval: As specified in Division 01 Section "Submittal Procedures." b. Use product specified if Engineer does not issue a decision on use of a comparable product request within time allocated. B. Basis -of -Design Product Specification Submittal: Comply with requirements in Division 01 Section "Submittal Procedures." Show compliance with requirements. ,'' PRODUCT REQUIREMENTS 016000 - 1 1.5 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. 1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected. C. Storage: 1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. 4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather -protection requirements for storage. 6. Protect stored products from damage and liquids from freezing. 7. Provide a secure location and enclosure at Project site for storage of materials and equipment by Owner's construction forces. Coordinate location with Owner. 1.7 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. 1. Manufacturer's Standard Form: Modified to include Project -specific information and properly executed. 2. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed. 3. See Divisions 02 through 33 Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Division 01 Section "Closeout Procedures." PRODUCT REQUIREMENTS 016000 - 2 j ii 1 PART 2 - PRODUCTS 2.1 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of ty pes that have been produced and used successfully in similar situations on other projects. 3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. 4. Where products are accompanied by the term "as selected," Engineer will make _. selection. 5. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. 6. Or Equal: For products specified by name and accompanied by the term "or equal," or "or approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product. B. Product Selection Procedures: 1. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 3. Products: a. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered unless otherwise indicated. b. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product. 4. Manufacturers: a. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered unless otherwise indicated. b. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product. 5. Basis -of -Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers. '', PRODUCT REQUIREMENTS 016000 - 3 C. Visual Matching Specification: Where Specifications require "match Engineer's sample", provide a product that complies with requirements and matches Engineer's sample. Engineer's decision will be final on whether a proposed product matches. 1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Division 01 Section "Substitution Procedures" for proposal of product. D. Visual Selection Specification: Where Specifications include the phrase "as selected by Engineer from manufacturer's full range" or similar phrase, select a product that complies with requirements. Engineer will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. 2.2 COMPARABLE PRODUCTS A. Conditions for Consideration: Engineer will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Engineer may return requests without action, except to record noncompliance with these requirements: 1. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and names and addresses of engineers and owners, if requested. 5. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION 016000 This Section prepared by Thoma Engineering, Inc. PRODUCT REQUIREMENTS 016000 - 4 017300 - EXECUTION PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. Installation of the Work. 4. Cutting and patching. 5. Coordination of Owner -installed products. 6. Progress cleaning. 7. Starting and adjusting. 8. Protection of installed construction. 9. Correction of the Work. B. Related Requirements: 1. Division 01 Section "Summary" for limits on use of Project site. 2. Division 01 Section "Submittal Procedures" for submitting surveys. 3. Division 02 Section "Selective Structure Demolition" for demolition and removal of selected portions of the building. 1.3 DEFINITIONS A. Cutting: Removal of in -place construction necessary to permit installation or performance of other work. B. Patching: Fitting and repair work required to restore construction to original conditions after installation of other work. 1.4 INFORMATIONAL SUBMITTALS A. Cutting and Patching Plan: Submit plan describing procedures at least 10 days prior to the time cutting and patching will be performed. Include the following information: 1. Extent: Describe reason for and extent of each occurrence of cutting and patching. 2. Changes to In -Place Construction: Describe anticipated results. Include changes to structural elements and operating components as well as changes in building appearance and other significant visual elements. 3. Products: List products to be used for patching and firms or entities that will perform patching work. 4. Dates: Indicate when cutting and patching will be performed. 5. Utilities and Mechanical and Electrical Systems: List services and systems that cutting and patching procedures will disturb or affect. List services and systems that will be relocated and those that will be temporarily out of service. Indicate length of time permanent services and systems will be disrupted. B. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal. 1.5 QUALITY ASSURANCE A. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. } 1. Structural Elements: When cutting and patching structural elements, notify _¢ Engineer of locations and details of cutting and await directions from Engineer before proceeding. Shore, brace, and support structural elements during cutting and patching. Do not cut and patch structural elements in a manner that could change their load -carrying capacity or increase deflection. EXECUTION 017300 - 1 M 2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. Operational elements include the following: a. Electrical wiring systems. 3. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load -carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. Other construction elements include but are not limited to the following: a. Water, moisture, or vapor barriers. b. Membranes and flashings. 4. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Engineer's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. B. Cutting and Patching Conference: Before proceeding, meet at Project site with parties involved in cutting and patching, including electrical trade. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. C. Manufacturer's Installation Instructions: Obtain and maintain on -site manufacturer's written recommendations and instructions for installation of products and equipment. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. B. In -Place Materials: Use materials for patching identical to in -place materials. For exposed surfaces, use materials that visually match in -place adjacent surfaces to the fullest extent possible. 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Engineer for the visual and functional performance of in -place materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Existing Conditions: The existence and location of utilities and construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of electrical systems and other construction affecting the Work. B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Examine roughing -in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 2. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. 3. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. C. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. EXECUTION 017300 - 2 c_ 3.2 PREPARATION A. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. B. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. C. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of Contractor, submit a request for information to Engineer according to requirements in Division 01 Section "Project Management and Coordination." 3.3 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Sequence the Work and allow adequate clearances to accommodate movement of construction items on site and placement in permanent locations. F. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. G. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. H. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions. 1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Engineer. 2. Allow for building movement, including thermal expansion and contraction. 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. I. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. J. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 3.4 CUTTING AND PATCHING A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in -place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore _ surfaces to their original condition. EXECUTION 017300 - 3 B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties. C. Temporary Support: Provide temporary support of work to be cut. D. Protection: Protect in -place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. E. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching according to requirements in Division 01 Section "Summary." F. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to minimize interruption to occupied areas. G. Cutting: Cut in -place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete: Cut using a cutting machine, such as an abrasive saw or a diamond -core drill. 4. Proceed with patching after construction operations requiring cutting are complete. H. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing. a. Clean piping, conduit, and similar features before applying paint or other finishing materials. 3. Walls: Provide an even surface of uniform finish, color, texture, and appearance. Remove in -place wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. a. Where patching occurs in a painted surface, prepare substrate and apply primer and intermediate paint coats appropriate for substrate over the patch, and apply final paint coat over entire unbroken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces. 4. Ceilings: Patch and repair ceilings as necessary to provide an even -plane surface of uniform appearance. I. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces. 3.5 OWNER -INSTALLED PRODUCTS A. Site Access: Provide access to Project site for Owner's construction personnel. B. Coordination: Coordinate construction and operations of the Work with work performed by Owner's construction personnel. 1. Construction Schedule: Inform Owner of Contractor's preferred construction schedule for Owner's portion of the Work. Adjust construction schedule based EXECUTION 017300 -4 f on a mutually agreeable timetable. Notify Owner if changes to schedule are required due to differences in actual construction progress. 2. Preinstallation Conferences: Include Owner's construction personnel at preinstallation conferences covering portions of the Work that are to receive Owner's work. Attend preinstallation conferences conducted by Owner's construction personnel if portions of the Work depend on Owner's construction. 3.6 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F. 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a. Use containers intended for holding waste materials of type to be stored. 4. Coordinate progress cleaning for joint -use areas where Contractor and other contractors are working concurrently. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom -clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Do not bury or burn waste materials on -site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Division 01 Section "Temporary Facilities and Controls." H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. J. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.7 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. B. Adjust equipment for proper operation. Adjust operating components for proper operation without binding. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: Comply with qualification requirements in Division 01 Section "Quality Requirements." ri EXECUTION 017300 - 5 -` 3.8 PROTECTION OF INSTALLED CONSTRUCTION 1- A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. END OF SECTION 017300 This Section prepared by Thoma Engineering, Inc. EXECUTION 017300 - 6 -, 017700 - CLOSEOUT PROCEDURES PART 1 -GENERAL i; 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification ' Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. 5. Repair of the Work. B. Related Requirements: 1. Division 01 Section "Execution" for progress cleaning of Project site. 2. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 3. Division 01 Section "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. 4. Divisions 02 through 33 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.3 ACTION SUBMITTALS A. Product Data: For cleaning agents. B. Contractor's List of Incomplete Items: Initial submittal at Substantial Completion. C. Certified List of Incomplete Items: Final submittal at Final Completion. 1.4 CLOSEOUT SUBMITTALS A. Certificates of Release: From authorities having jurisdiction. B. Certificate of Insurance: For continuing coverage. 1.5 MAINTENANCE MATERIAL SUBMITTALS A. Schedule of Maintenance Material Items: For maintenance material submittal items specified in other Sections. 1.6 SUBSTANTIAL COMPLETION PROCEDURES A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete. B. Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 2. Submit closeout submittals specified in other Division 01 Sections, including project record documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information. 3. Submit closeout submittals specified in individual Divisions 02 through 33 Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Submit maintenance material submittals specified in individual Divisions 02 through 33 Sections, including tools, spare parts, extra materials, €F CLOSEOUT PROCEDURES 017700 - 1 and similar items, and deliver to location designated by Engineer. Label with manufacturer's name and model number where applicable. a. Schedule of Maintenance Material Items: Prepare and submit schedule of maintenance material submittal items, including name and quantity of each item and name and number of related Specification Section. Obtain Engineer's signature for receipt of submittals. 5. Submit test/adjust/balance records. 6. Submit sustainable design submittals required in Division 01 sustainable design requirements Section and in individual Division 02 through 33 Sections. 7. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. C. Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Advise Owner of pending insurance changeover requirements. 2. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 3. Complete startup and testing of systems and equipment. 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. 5. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 6. Complete final cleaning requirements, including touchup painting. 7. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. D. Inspection: Submit a written request for inspection to determine Substantial Completion a minimum of 10 days prior to date the work will be completed and ready for final inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Engineer, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. ' Results of completed inspection will form the basis of requirements for final completion. 1.7 FINAL COMPLETION PROCEDURES A. Submittals Prior to Final Completion: Before requesting final inspection for determining final completion, complete the following: 1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures." 2. Certified List of Incomplete Items: Submit certified copy of Engineer's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Engineer. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. Inspection: Submit a written request for final inspection to determine acceptance a minimum of 10 days prior to date the work will be completed and ready for final -� inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final - Certificate for Payment after inspection or will notify Contractor of construction that y� must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. CLOSEOUT PROCEDURES 017700 - 2 1 --I 1.8 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize items applying to each space by major elements, including categories r for ceiling and individual walls as indicated. `g 2. Include the following information at the top of each page: a. Project name. b. Date. iry . C. Name of Engineer. d. Name of Contractor. e. Page number. 3. Submit list of incomplete items in the following format: a. MS Excel or MS Word electronic file. Engineer will return annotated file. 1.9 SUBMITTAL OF PROJECT WARRANTIES A. Time of Submittal: Submit written warranties on request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated, or when delay in submittal of warranties might limit Owner's rights under warranty. B. Organize warranty documents into an orderly sequence based on the table of contents of Project Manual. 1. Bind warranties and bonds in heavy-duty, three-ring, vinyl -covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch (215-by-280-mm) paper. 2. Provide heavy paper dividers with plastic -covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. 4. Warranty Electronic File: Scan warranties and bonds and assemble complete warranty and bond submittal package into a single indexed electronic PDF file with links enabling navigation to each item. Provide bookmarked table of contents at beginning of document. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 - PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Perform final cleaning. Conduct cleaning and waste -removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. >, CLOSEOUT PROCEDURES 017700 - 3 B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a designated portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. C. Rake grounds that are neither planted nor paved to a smooth, even -textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Clean exposed exterior and interior hard -surfaced finishes to a dirt -free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. f. Sweep concrete floors broom clean in unoccupied spaces. g. Remove labels that are not permanent. h. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. i. Leave Project clean and ready for occupancy. C. Construction Waste Disposal: Comply with waste disposal requirements in Division 01 Section "Temporary Facilities and Controls." 3.2 REPAIR OF THE WORK A. Complete repair and restoration operations before requesting inspection for determination of Substantial Completion. B. Repair or remove and replace defective construction. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. Where damaged or worn items cannot be repaired or restored, provide replacements. Remove and replace operating components that cannot be repaired. Restore damaged construction and permanent facilities used during construction,to specified condition. 1. Touch up and otherwise repair and restore marred or exposed finishes and surfaces. Replace finishes and surfaces that that already show evidence of repair or restoration. a. Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. Remove paint applied to required labels and identification. 2. Replace burned -out bulbs, bulbs noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures. END OF SECTION 017700 This Section prepared by Thoma Engineering, Inc. CLOSEOUT PROCEDURES 017700 - 4 L_t 017823 - OPERATION AND MAINTENANCE DATA PART 1 -GENERAL i 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. Maintenance documentation directory. 2. Product maintenance manuals. 3. Systems and equipment maintenance manuals. B. Related Requirements: 1. Division 01 Section "Submittal Procedures" for submitting copies of submittals for operation and maintenance manuals. 2. Divisions 02 through 33 Sections for specific operation and maintenance manual requirements for the Work in those Sections. 1.3 DEFINITIONS A. System: An organized collection of parts, equipment, or subsystems united by regular interaction. B. Subsystem: A portion of a system with characteristics similar to a system. 1.4 CLOSEOUT SUBMITTALS A. Manual Content: Operations and maintenance manual content is specified in individual Specification Sections to be reviewed at the time of Section submittals. Submit reviewed manual content formatted and organized as required by this Section. 1. Engineer will comment on whether content of operations and maintenance submittals are acceptable. 2. Where applicable, clarify and update reviewed manual content to correspond to revisions and field conditions. B. Format: Submit operations and maintenance manuals in the following format: 1. PDF electronic file. Assemble each manual into a composite electronically indexed file. Submit on digital media acceptable to Engineer. a. Name each indexed document file in composite electronic index with applicable item name. Include a complete electronically linked operation and maintenance directory. b. Enable inserted reviewer comments on draft submittals. 2. Three paper copies. Include a complete operation and maintenance directory. Enclose title pages and directories in clear plastic sleeves. Engineer will return two copies. C. Initial Manual Submittal: Submit draft copy of each manual at least 30 days before commencing demonstration and training. Engineer will comment on whether general scope and content of manual are acceptable. D. Final Manual Submittal: Submit each manual in final form prior to requesting inspection for Substantial Completion and at least 15 days before commencing demonstration and training. Engineer will return copy with comments. 1. Correct or revise each manual to comply with Engineer's comments. Submit copies of each corrected manual within 15 days of receipt of Engineer's comments and prior to commencing demonstration and training. OPERATION AND MAINTENANCE DATA 017823 - 1 PART 2 - PRODUCTS 2.1 OPERATION AND MAINTENANCE DOCUMENTATION DIRECTORY A. Directory: Prepare a single, comprehensive directory of emergency, operation, and maintenance data and materials, listing items and their location to facilitate ready access to desired information. Include a section in the directory for each of the following: 1. List of documents. 2. List of systems. 3. List of equipment. 4. Table of contents. B. List of Systems and Subsystems: List systems alphabetically. Include references to operation and maintenance manuals that contain information about each system. C. List of Equipment: List equipment for each system, organized alphabetically by system. For pieces of equipment not part of system, list alphabetically in separate list. D. Tables of Contents: Include a table of contents for each emergency, operation, and maintenance manual. E. Identification: In the documentation directory and in each operation and maintenance manual, identify each system, subsystem, and piece of equipment with same designation used in the Contract Documents. If no designation exists, assign a j designation according to ASHRAE Guideline 4, "Preparation of Operating and Maintenance Documentation for Building Systems." 2.2 REQUIREMENTS FOR EMERGENCY, OPERATION, AND MAINTENANCE MANUALS A. Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed: 1. Title page. 2. Table of contents. 3. Manual contents. B. Title Page: Include the following information: 1. Subject matter included in manual. , 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name and contact information for Contractor. j 6. Name and contact information for Engineer. 7. Names and contact information for major consultants to the Engineer that designed the systems contained in the manuals. C. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section .� number in Project Manual, or as specified on drawing. 1. If operation or maintenance documentation requires more than one volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set. D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single f binder. E. Manuals, Electronic Files: Submit manuals in the form of a multiple file composite electronic PDF file for each manual type required. 1. Electronic Files: Use electronic files prepared by manufacturer where available. Where scanning of paper documents is required, configure scanned file for minimum readable file size. OPERATION AND MAINTENANCE DATA 017823 - 2 1 1 2. File Names and Bookmarks: Enable bookmarking of individual documents based on file names. Name document files to correspond to system, subsystem, and equipment names used in manual directory and table of contents. Group documents for each system and subsystem into individual composite bookmarked files, then create composite manual, so that resulting bookmarks reflect the system, subsystem, and equipment names in a readily navigated file tree. Configure electronic manual to display bookmark panel on opening file. F. Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes. ' 1. Binders: Heavy-duty, three-ring, vinyl -covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a. If two or more binders are necessary to accommodate data of a system, organize data in each binder into groupings by subsystem and related components. Cross-reference other binders if necessary to provide essential information for proper operation or maintenance of equipment or system. b. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, subject matter of contents, and indicate Specification Section number on bottom of spine. Indicate volume number for multiple -volume sets. 2. Dividers: Heavy -paper dividers with plastic -covered tabs for each section of the manual. Mark each tab to indicate contents. Include typed list of products and v major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual. 3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software storage media for computerized electronic equipment. 4. Supplementary Text: Prepared on 8-1/2-by-11-inch white bond paper. 5. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. b. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. 2.3 PRODUCT MAINTENANCE MANUALS A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable. C. Product Information: Include the following, as applicable: 1. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and the _3 following: 1. Inspection procedures. 2. Types of cleaning agents to be used and methods of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product. i _, OPERATION AND MAINTENANCE DATA 017823 - 3 4. Schedule for routine cleaning and maintenance. 5. Repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow and required notifications for warranty claims. 2.4 SYSTEMS AND EQUIPMENT MAINTENANCE MANUALS A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable. C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including the following information for each component part or piece of equipment: 1. Standard maintenance instructions and bulletins. 2. Drawings, diagrams, and instructions required for maintenance, including disassembly and component removal, replacement, and assembly. 3. Identification and nomenclature of parts and components. D. Maintenance Procedures: Include the following information and items that detail essential maintenance procedures: 1. Test and inspection instructions. 2. Troubleshooting guide. 3. Precautions against improper maintenance. E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. 1. Scheduled Maintenance and Service: Tabulate actions for daily, weekly, monthly, quarterly, semiannual, and annual frequencies. 2. Maintenance and Service Record: Include manufacturers' forms for recording maintenance. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow and required notifications for warranty claims. PART 3 - EXECUTION 3.1 MANUAL PREPARATION A. Operation and Maintenance Documentation Directory: Prepare a separate manual that provides an organized reference to maintenance manuals. B. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. C. Maintenance Manuals: Assemble a complete set of maintenance data indicating maintenance of each system and subsystem. 1. Engage a factory -authorized service representative to assemble and prepare information for each system and subsystem. 2. Prepare a separate manual for each system and subsystem, in the form of an instructional manual for use by Owner's operating personnel. OPERATION AND MAINTENANCE DATA 017823 - 4 D. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references k to information not applicable. 1. Prepare supplementary text if manufacturers' standard printed data are not available and where the information is necessary for proper operation and maintenance of equipment or systems. E. Comply with Division 01 Section "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION 017823 This Section prepared by Thoma Engineering, Inc. OPERATION AND MAINTENANCE DATA 017823 - 5 THIS PAGE INTENTIONALLY LEFT BLANK. 017839 - PROJECT RECORD DOCUMENTS PART 1 -GENERAL E' 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for project record documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. 4. Miscellaneous record submittals. B. Related Requirements: 1. Division 01 Section "Closeout Procedures" for general closeout procedures. 2. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 3. Divisions 02 through 33 Sections for specific requirements for project record documents of the Work in those Sections. 1.3 CLOSEOUT SUBMITTALS A. Record Drawings: Comply with the following: 1. Number of Copies: Submit one set of marked -up record prints. B. Record Specifications: Submit one paper copy and annotated PDF electronic files of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit one paper copy and annotated PDF electronic files and directories of each submittal. 1. Where record Product Data are required as part of operation and maintenance manuals, submit duplicate marked -up Product Data as a component of manual. D. Miscellaneous Record Submittals: See other Specification Sections for miscellaneous record -keeping requirements and submittals in connection with various construction activities. Submit one paper copy and annotated PDF electronic files and directories of each submittal. PART 2 - PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: Maintain one set of marked -up paper copies of the Contract Drawings and Shop Drawings, incorporating new and revised drawings as modifications are issued. 1. Preparation: Mark record prints to show the actual installation where installation j varies from that shown originally. Require individual or entity who obtained _- record data, whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked -up record prints. r a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Accurately record information in an acceptable drawing technique. C. Record data as soon as possible after obtaining it. d. Record and check the markup before enclosing concealed installations. 2. Content: Types of items requiring marking include, but are not limited to, the following: _;- a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. C. Revisions to routing of piping and conduits. d. Revisions to electrical circuitry. PROJECT RECORD DOCUMENTS 017839 - 1 e. Actual equipment locations. f. Duct size and routing. g. Changes made by Change Order or Construction Change Directive. h. Changes made following Engineer's written orders. { i. Details not on the original Contract Drawings. j. Field records for variable and concealed conditions. k. Record information on the Work that is shown only schematically. 3. Mark the Contract Drawings and Shop Drawings completely and accurately. Use personnel proficient at recording graphic information in production of marked -up record prints. 4. Mark record sets with erasable, red -colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 5. Mark important additional information that was either shown schematically or omitted from original Drawings. j 6. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. 2.2 RECORD SPECIFICATIONS A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. For each principal product, indicate whether record Product Data has been submitted in operation and maintenance manuals instead of submitted as record Product Data. 3. Note related Change Orders and record Drawings where applicable. - B. Format: Submit record Specifications as scanned PDF electronic file(s) of marked -up paper copy of Specifications. 2.3 RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders, record Specifications, and record Drawings where applicable. B. Format: Submit record Product Data as scanned PDF electronic file(s) of marked -up paper copy of Product Data. 1. Include record Product Data directory organized by Specification Section number and title, electronically linked to each item of record Product Data. 2.4 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. B. Format: Submit miscellaneous record submittals as scanned PDF electronic file(s) of marked -up miscellaneous record submittals. 1. Include miscellaneous record submittals directory organized by Specification Section number and title, electronically linked to each item of miscellaneous record submittals. PROJECT RECORD DOCUMENTS 017839 - 2 3 PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one copy of each submittal during the construction period for project record document purposes. Post changes and revisions to project record documents as they occur; do not wait until end of Project. B. Maintenance of Record Documents and Samples: Store record documents and Samples in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for reference during normal working hours. END OF SECTION 017839 This Section prepared by Thoma Engineering, Inc. PROJECT RECORD DOCUMENTS 017839 - 3 r THIS PAGE INTENTIONALLY LEFT BLANK. SECTION 024119 - SELECTIVE DEMOLITION PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this Section. 1.2 SUMMARY A. Section Includes: 1. Demolition and removal of selected portions of building or structure. 2. Demolition and removal of selected site elements. 3. Salvage of existing items to be reused or recycled. 1.3 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off -site unless indicated to be removed and salvaged or removed and reinstalled. B. Existing to Remain: Existing items of construction that are not to be permanently removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.4 PREINSTALLATION MEETINGS A. Predemolition Conference: Conduct conference at Project site. 1.5 INFORMATIONAL SUBMITTALS A. Predemolition Photographs or Video: Submit before Work begins. 1.6 CLOSEOUT SUBMITTALS A. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes. 1.7 FIELD CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Notify Engineer of discrepancies between existing conditions and Drawings before proceeding with selective demolition. D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. 1. If suspected hazardous materials are encountered, do not disturb; immediately notify Engineer and Owner. Hazardous materials will be removed by Owner under a separate contract. E. Storage or sale of removed items or materials on -site is not permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain fire -protection facilities in service during selective demolition operations. 1.8 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. SELECTIVE DEMOLITION 024119 - 1 PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. B. Standards: Comply with ANSI/ASSE A10.6 and NFPA 241. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that utilities have been disconnected and capped before starting selective demolition operations. B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. C. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Engineer. D. Perform an engineering survey of condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during selective building demolition operations. E. Survey of Existing Conditions: Record existing conditions by use of measured drawings, preconstruction photographs, or preconstruction video tapes. 3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect them against damage. 1. Owner will arrange to shut off indicated services/systems if necessary when requested by Contractor. 2. If services/systems are required to be removed, relocated, or abandoned, provide temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of building. 3.3 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris - removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Comply with requirements for access and protection specified in Section 01500 - Temporary Facilities. B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. C. Temporary Shoring: Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished. 3.4 SELECTIVE DEMOLITION, GENERAL A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain. SELECTIVE DEMOLITION 024119 - 2 m 2. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 3. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame -cutting operations. Maintain �..." fire watch and portable fire -suppression devices during flame -cutting operations. 4. Locate selective demolition equipment and remove debris and materials so as fnot to impose excessive loads on supporting walls, floors, or framing. 5. Dispose of demolished items and materials promptly. B. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Engineer, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolitions are complete. 3.5 DISPOSAL OF DEMOLISHED MATERIALS A. General: Except for items or materials indicated to be recycled, reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an APA-approved landfill. 1. Do not allow demolished materials to accumulate on -site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 3. Remove debris from elevated portions of building by chute, hoist, or other device that will convey debris to grade level in a controlled descent. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.6 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolitions operations began. END OF SECTION 024119 This Section prepared by Thoma Engineering, Inc. SELECTIVE DEMOLITION 024119 - 3 THIS PAGE INTENTIONALLY LEFT BLANK. SECTION 039300 - CONCRETE REHABILITATION PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 01 General Requirements, apply to work of this Section. 1.2 SUMMARY A. Section Includes: 1. Removal of damaged, deteriorating, and spalling concrete, and related coatings. 2. Preparation of surfaces to be patched and repaired. 3. Preparation of cracks to be patched and filled. 4. Corrosion -inhibiting treatment. 5. Polymer sealers. 1.3 UNIT PRICES A. General: Unit prices include the cost of preparing existing construction to receive the work indicated. B. Concrete Removal and Replacement or Patching: Work will be paid for by the square foot computed on the basis of rectangular areas approximating the actual shape of concrete removed and replaced with average widths and lengths, measured to the nearest inch. 1.4 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at the Project site. 1.5 ACTION SUBMITTALS A. Product Data: For each type of product. Include construction details, material descriptions, chemical composition, physical properties, test data, and mixing, preparation, and application instructions. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For installers and manufacturers. B. Material Certificates: For each type of portland cement, aggregate, or patching material supplied for mixing or adding to products at Project site. C. Field quality -control reports. 1.7 QUALITY ASSURANCE A. Manufacturer Qualifications: Each corrosion -inhibiting treatments, manufactured bonding -agent, and cementitious patching mortar, Manufacturer shall employ factory trained technical representatives who are available for consultation and Project -site inspection and assistance at no additional cost. B. Installer shall have a minimum of three (3) years experience in performing the types of work covered by this Section and shall be an Approved Applicator of the material manufacturer. C. Use Only Manufacturer Approved Applicators for work covered by this Section. D. Approved Applicator shall use tools and equipment specifically designed for the preparation and placement of industrial joint fillers. E. Maintenance Program: Prepare a written plan for maintenance of cast -in -place concrete, including each phase or process, protection of surrounding materials during operations, and control of debris and runoff during the Work. Describe in detail materials, methods, equipment, and sequence of operations to be used for each phase of the Work. CONCRETE REHABILITATION 039300 - 1 1 F. Mockups: Build mockups to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Patching: Remove and repair a typical area of deteriorated concrete that will have to be repaired. 2. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Engineer specifically approves such deviations in writing. 3. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 8 DELIVERY, STORAGE, AND HANDLING A. Comply with manufacturer's written instructions for minimum and maximum temperature requirements and other conditions for storage. B. Store cementitious materials off the ground, under cover, and in a dry location. C. Store aggregates covered and in a dry location; maintain grading and other required characteristics and prevent contamination. 1.9 FIELD CONDITIONS A. Environmental Limitations for Epoxies: Do not apply when air and substrate temperatures are outside limits permitted by manufacturer. During hot weather, cool epoxy components before mixing, store mixed products in shade, and cool unused mixed products to retard setting. Do not apply to wet substrates unless approved by manufacturer. 1. Use only Class A epoxies when substrate temperatures are below or are expected to go below 40 deg F within 8 hours. 2. Use only Class A or B epoxies when substrate temperatures are below or are expected to go below 60 deg F within 8 hours. 3. Use only Class C epoxies when substrate temperatures are above and are expected to stay above 60 deg F for 8 hours. B. Cold -Weather Requirements for Cementitious Materials: Do not apply unless concrete - surface and air temperatures are above 50 deg F and will remain so for at least 48 hours after completion of Work. C. Cold -Weather Requirements for Cementitious Materials: Comply with the following procedures: 1. When air temperature is below 50 deg F heat patching -material ingredients and existing concrete to produce temperatures between 50 and 90 deg F . 2. When mean daily air temperature is between 25 and 50 deg F, cover completed Work with weather -resistant insulating blankets for 48 hours after repair or provide enclosure and heat to maintain temperatures above 50 deg F within the enclosure for 48 hours after repair. 3. When mean daily air temperature is below 32 deg F, provide enclosure and heat to maintain temperatures above 50 deg F within the enclosure for 48 hours after repair. D. Hot -Weather Requirements for Cementitious Materials: Protect repair work when temperature and humidity conditions produce excessive evaporation of water from patching materials. Provide artificial shade and wind breaks, and use cooled materials as required. Do not apply to substrates with temperatures of 90 deg F and above. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL A. Source Limitations: Obtain each color, grade, finish, type, and variety of product from single source with resources to provide products of consistent quality in appearance and physical properties. CONCRETE REHABILITATION 039300 - 2 r , B. VOC Content: Provide materials that comply with VOC limits of authorities having jurisdiction. 2.2 BONDING AGENTS A. Epoxy -Modified, Cementitious Bonding and Anticorrosion Agent: Manufactured product that consists of water -insensitive epoxy adhesive, portland cement, and water -based solution of corrosion -inhibiting chemicals that forms a protective film on steel reinforcement. 1. Products: Subject to compliance with requirements, provide the following: a. Euclid Chemical Company (The), an RPM company; Duralprep A.C. B. Epoxy Bonding Agent: ASTM C 881/C 881M, and free of VOCs. 1. Basis -of -Design Product: Subject to compliance with requirements, provide product indicated on Drawings. a. Euclid Chemical Company (The); an RPM company. 2.3 PATCHING MORTAR A. Patching Mortar, General: 1. Only use patching mortars that are recommended by manufacturer for each applicable horizontal, vertical, or overhead use orientation. 2. Color and Aggregate Texture: Provide patching mortar and aggregates of colors and sizes necessary to produce patching mortar that matches existing, adjacent, exposed concrete. Blend several aggregates if necessary to achieve suitable matches. 3. Coarse Aggregate for Patching Mortar: ASTM C 33, washed aggregate, Size No. 8, Class 5S. Add to patching -mortar mix only as permitted by patching -mortar manufacturer. B. Polymer -Modified, Cementitious Patching Mortar: Packaged, dry mix for repair of concrete and that contains a latex additive as either a dry powder or a separate liquid that is added during mixing. 1. Basis -of -Design Product: Subject to compliance with requirements, provide product indicated on Drawings. a. Euclid Chemical Company (The); an RPM company. 2. Compressive Strength: a. Duraltop Gel - Not less than 8500 psi at 28 days when tested according to ASTM C 109/C 109M. b. Verticoat - Not less than 6500 psi at 28 days when tested according to ASTM C 109/C 109M. 2.4 PREPLACED CONCRETE MATERIALS A. Fine Aggregate for Grout: Fine aggregate according to ASTM C 33, but with 100 percent passing a No. 8 sieve, 95 to 100 percent passing a No. 16 sieve, 55 to 80 percent passing a No. 30 sieve, 30 to 55 percent passing a No. 50 sieve, 10 to 30 percent passing a No. 100 sieve, 0 to 10 percent passing a No. 200 sieve, and having a fineness modulus of 1.30 to 2.10. B. Grout Fluidifier for Grout: ASTM C 937. C. Pozzolans for Grout: ASTM C 618. x 2.5 JOINT FILLER A. Epoxy Joint Filler: Two -component, semirigid, 100 percent solids, epoxy resin with a Type A Shore durometer hardness of at least 80 according to ASTM D 2240. 1. Products: Subject to compliance with requirements, provide the following: -' a. Euclid Chemical Company (The), an RPM company; Euco 700 or 800. CONCRETE REHABILITATION 039300 - 3 2.6 OTHER MATERIALS A. Corrosion -Inhibiting Treatment: Waterborne solution of alkaline corrosion -inhibiting chemicals for concrete -surface application that penetrates concrete by diffusion and forms a protective film on steel reinforcement. 1. Products: Subject to compliance with requirements, provide the following: a. Euclid Chemical Company (The), an RPM company; Duralprep A.C. B. Polymer Sealer: Low -viscosity epoxy penetrating sealer and crack filler recommended by manufacturerfor penetrating and sealing cracks in exterior concrete traffic surfaces. 1. Products: Subject to compliance with requirements, provide the following: a. Euclid Chemical Company (The), an RPM company; DURAL 335. C. Portland Cement: ASTM C 150, Type I, II, or III unless otherwise indicated. 2.7 MIXES A. General: Mix products, in clean containers, according to manufacturer's written instructions. 1. Do not add water, thinners, or additives unless recommended by manufacturer. 2. When practical, use manufacturer's premeasured packages to ensure that materials are mixed in proper proportions. When premeasured packages are not used, measure ingredients using graduated measuring containers; do not estimate quantities or use shovel or trowel as unit of measure. 3. Do not mix more materials than can be used within time limits recommended by manufacturer. Discard materials that have begun to set. B. Mortar Scrub Coat: Mix dry ingredients with enough water to provide consistency of thick cream. C. Dry -Pack Mortar: Mix patching -mortar dry ingredients with just enough liquid to form damp cohesive mixture that can be squeezed by hand into a ball but is not plastic. D. Grout for Use with Preplaced Aggregate: Proportion according to ASTM C 938. Add grout fluidifier to mixing water followed by portland cement, pozzolan, and fine aggregate. PART 3 - EXECUTION 3.1 EXAMINATION A. Notify Engineer seven days in advance of dates when areas of deteriorated or delaminated concrete and deteriorated reinforcing bars will be located. B. Locate areas of deteriorated or delaminated concrete using hammer or chain -drag sounding and mark boundaries. Mark areas for removal by simplifying and squaring off boundaries. At columns and walls make boundaries level and plumb unless otherwise indicated. C. Pachometer Testing: Locate at least three reinforcing bars using a pachometer, and drill test holes to determine depth of cover. Calibrate pachometer using depth of cover measurements, and verify depth of cover in removal areas using pachometer. D. Perform surveys as the Work progresses to detect hazards resulting from concrete - maintenance work. 3.2 PREPARATION A. Ensure that supervisory personnel are on -site and on duty when concrete maintenance work begins and during its progress. B. Preparation for Removal of Deteriorated Concrete: Examine construction to be repaired to determine best methods to safely and effectively perform concrete maintenance work. Examine adjacent work to determine what protective measures will be necessary. Make explorations, probes, and inquiries as necessary to determine condition of construction to be removed in the course of repair. 1. Verify that affected utilities have been disconnected and capped. CONCRETE REHABILITATION I 039300 - 4+ 1 2. Inventory and record the condition of items to be removed for reinstallation or salvage. 3. Provide and maintain shoring, bracing, and temporary structural supports as required to preserve stability and prevent unexpected or uncontrolled movement, settlement, or collapse of construction being demolished and construction and finishes to remain. C. Protect persons, motor vehicles, surrounding surfaces of building being restored, building site, plants, and surrounding buildings from harm resulting from concrete maintenance work. 1. Comply with each product manufacturer's written instructions for protections and precautions. Protect against adverse effects of products and procedures on people and adjacent materials, components, and vegetation. 2. Use only proven protection methods appropriate to each area and surface being protected. 3. Provide barricades, barriers, and temporary directional signage to exclude public from areas where concrete maintenance work is being performed. 4. Erect temporary protective covers over walkways and at points of pedestrian and vehicular entrance and exit that must remain in service during course of concrete maintenance work. 5. Contain dust and debris generated by concrete maintenance work and prevent it from reaching the public or adjacent surfaces. 6. Use water -mist sprinkling and other wet methods to control dust only with adequate, approved procedures and equipment that ensure that such water will not create a hazard or adversely affect other building areas or materials. 7. Protect floors and other surfaces along haul routes from damage, wear, and staining. 8. Provide supplemental sound -control treatment to isolate removal and dismantling work from other areas of the building. 9. Protect adjacent surfaces and equipment by covering them with heavy polyethylene film and waterproof masking tape. If practical, remove items, store, and reinstall after potentially damaging operations are complete. 10. Neutralize and collect alkaline and acid wastes for disposal off Owner's property. 11. Dispose of debris and runoff from operations by legal means and in a manner that prevents soil erosion, undermining of paving and foundations, damage to landscaping, and water penetration into building interiors. D. Existing Drains: Prior to the start of work in an area, test drainage system to ensure that it is functioning properly. Notify Engineer immediately of inadequate drainage or blockage. Do not begin work in an area until the drainage system is in working order. 1. Prevent solids such as aggregate or mortar residue from entering the drainage system. Clean out drains and drain lines that become sluggish or blocked by sand or other materials resulting from concrete maintenance work. 2. Protect drains from pollutants. Block drains or filter out sediments, allowing only clean water to pass. E. Concrete Removal: 1. Provide shoring, bracing, and supports as necessary. Strengthen or add new supports when required during progress of removal work. Do not overload structural elements with debris. 2. Saw -cut perimeter of areas indicated for removal to a depth of at least 1/2 inch. Make cuts perpendicular to concrete surfaces and no deeper than cover on reinforcement. 3. Remove deteriorated and delaminated concrete by breaking up and dislodging from reinforcement. 4. Remove additional concrete if necessary to provide a depth of removal of at least 1/2 inch over entire removal area. CONCRETE REHABILITATION 039300 - 5 3 5. Where half or more of the perimeter of reinforcing bar is exposed, bond between reinforcing bar and surrounding concrete is broken, or reinforcing bar is corroded, remove concrete from entire perimeter of bar and to provide at least a 3/4-inch clearance around bar. 6. Test areas where concrete has been removed by tapping with hammer, and remove additional concrete until unsound and disbonded concrete is completely removed. 7. Provide surfaces with a fractured profile of at least 1/8 inch that are approximately perpendicular or parallel to original concrete surfaces. At columns and walls, make top and bottom surfaces level unless otherwise directed. 8. Thoroughly clean removal areas of loose concrete, dust, and debris. F. Reinforcing -Bar Preparation: Remove loose and flaking rust from reinforcing bars by highpressure water cleaning, abrasive blast cleaning, or wire brushing until only tightly adhered light rust remains. 1. Where section loss of reinforcing bar is more than 10 percent, cut bars and remove and replace. Remove additional concrete as necessary to provide at least 3/4-inch clearance at existing and replacement bars. Splice replacement bars to existing bars according to ACI 318 by lapping, welding, or using mechanical couplings. G. Surface Preparation for Corrosion -Inhibiting Treatment: Clean concrete to remove dirt, oils, films, and other materials detrimental to treatment application. 1. Use low-pressure water cleaning, detergent scrubbing, or sand blasting . 2. Allow surface to dry before applying corrosion -inhibiting treatment. 3.3 APPLICATION A. General: Comply with manufacturer's written instructions and recommendations for application of products, including surface preparation. B. Epoxy -Modified, Cementitious Bonding and Anticorrosion Agent: Apply to reinforcing bars and concrete by stiff brush or hopper spray according to manufacturer's written instructions. Apply to reinforcing bars in two coats, allowing first coat to dry two to three hours before applying second coat. Allow to dry before placing patching mortar or concrete. C. Placing Patching Mortar: Place as follows unless otherwise recommended in writing by manufacturer: 1. Provide forms where necessary to confine patch to required shape. 2. Wet substrate and forms thoroughly and then remove standing water. 3. Pretreatment: Apply specified bonding agent. 4. General Placement: Place patching mortar by troweling toward edges of patch to force intimate contact with edge surfaces. For large patches, fill edges first and then work toward center, always troweling toward edges of patch. At fully exposed reinforcing bars, force patching mortar to fill space behind bars by compacting with trowel from sides of bars. 5. Vertical Patching: Place material in lifts of not more than 1-1/2 inches nor less than 1/8. Do not feather edge. 6. Overhead Patching: Place material in lifts of not more than 1-1/2 inches nor less than 1/8 inch. 7. Consolidation: After each lift is placed, consolidate material and screed surface. 8. Multiple Lifts: Where multiple lifts are used, score surface of lifts to provide a rough surface for placing subsequent lifts. Allow each lift to reach final set before placing subsequent lifts. 9. Finishing: Allow surfaces of lifts that are to remain exposed to become firm and then finish to a surface matching adjacent concrete. 10. Curing: Wet -cure cementitious patching materials, including polymer -modified cementitious patching materials, for not less than seven days by water -fog spray or watersaturated absorptive cover. CONCRETE REHABILITATION 039300 - 6 i_.. D. Dry -Pack Mortar: Use for deep cavities. Place as follows unless otherwise recommended in writing by manufacturer: 1. Provide forms where necessary to confine patch to required shape. 2. Wet substrate and forms thoroughly and then remove standing water. 3. Pretreatment: Apply specified bonding agent. 4. Place dry -pack mortar into cavity by hand, and compact tightly into place. Do not place more material at a time than can be properly compacted. Continue placing and compacting until patch is approximately level with surrounding surface. 5. After cavity is filled and patch is compacted, trowel surface to match profile and finish of surrounding concrete. A thin coat of patching mortar may be troweled into the surface of patch to help obtain required finish. 6. Wet -cure patch for not less than seven days by water -fog spray or water - saturated absorptive cover. E. Corrosion -Inhibiting Treatment: Apply by brush, roller, or airless spray in two coats at manufacturer's recommended application rate. Remove film of excess treatment by highpressure washing before patching treated concrete. 3.4 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified testing agency to perform tests and inspections. B. Perform the following tests and inspections: 1. The bond strength of new repair concrete over 1.5 inches thick shall be tested by direct tension using the pipe cap pull -off test per ACI 503R. Acceptable tests shall obtain a tensile strength of at least 250 psi and shall not fail at the bond interface. Perform tests when directed by the Engineer. C. Product will be considered defective if it does not pass tests and inspections. D. Prepare test and inspection reports. END OF SECTION 039300 This Section prepared by Thoma Engineering, Inc. CONCRETE REHABILITATION 039300 - 7 THIS PAGE INTENTIONALLY LEFT BLANK. - SECTION 081113 - STEEL DOORS AND FRAMES PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements apply to Work of this Section. 1.2 WORK INCLUDED A. Hardware as specified on Drawings. 1.3 RELATED WORK A. Section 08700 - Hardware 1.4 QUALITY ASSURANCE A. Regulatory Requirements 1. Conform to requirements of 36 CFR Part 1191. B. Manufacturer 1. Company specializing in manufacturing Products specified with minimum three years documented experience. 1.5 SUBMITTALS A. Shop Drawings and Product Data including the following: 1. Type of door and frame elevation, reinforcement, hardware locations, metal types and gauges, and finish. 2. Frame configuration, anchor spacings and anchor types. 3. Door core construction and door head and door sill closure method. 4. Manufacturer's standard printed installation instructions. B. Certificates 1. Manufacturer's Certificate certifying that doors and frames meet or exceed specified requirements. 1.6 DELIVERY, STORAGE, AND PROTECTION A. Provide frame and manufacturer's standard sill spreader bar for all welded units. B. Protect door and frame with manufacturer's standard resilient packaging. 1.7 WARRANTY A. Provide manufacturer's five year warranty. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Available manufacturers include, but are not limited to: 1. Ceco Door Products; and Assa Abloy Group Company 2. Mesker Door Inc. 3. Republic Doors and Frames 4. Rocky Mountain Metals, Inc. 5. Steelcraft; an Ingersoll-Rand Company 2.2 EXTERIOR HOLLOW -METAL DOORS AND FRAMES A. Extra -Heavy -Duty (SDI A250.8, Level 3) 1. Physical performance Level A per SDI 250.4 2. Doors: a. Thickness: 1-3/4 inches b. Face: Metallic coated steel sheet 0.053 inch (16 ga.) thick with minimum A40 coating. STEEL DOORS AND FRAMES 081113 - 1 C. Edge: Model 2, seamless, beveled = d. Core: Manufacturer's standard insulation material. 3. Frames: a. Materials: Metallic coated steel sheet 0.067 inch (14 ga.) thick with minimum A40 coating. b. Construction: Fabricate and assemble as complete welded unit. j 4. Finish: a. Shop finish in accordance with SDI A250.3. b. Color to match "Dark Bronze" louver color as approved by Engineer. 2.3 FRAME ANCHORS A. Jamb Anchors: 1. Postinstalled Expansion Type for In -Place Concrete: Minimum 3/8 inch diameter bolts with expansion inserts or shields. Provide pipe spacer from frame to wal, with throat reinforcement plate welded to frame at each anchor location. 2.4 MATERIALS A. Frame Anchors: ASTM A379/A 379M, Commercial Steel (CS), 04Z coating designation; mill phosphatized. B. C. Inserts, Bolts, and Fasteners: Hot -dip galvanized according to ASTM A 153/A 153M. Bituminous Coating: Cold -applied asphalt mastic, compounded for 15-mil dry film thickness per coat. Coat surfaces which might contact concrete or grout a minimum thickness of 1/16 inch. 2.5 FABRICATION A. Fabricate hollow -metal work to be rigid and free of defects, warp, or buckle. Accurately form metal to required sizes and profiles, with minimum radius for metal - thickness. B. Hollow -Metal Doors: 1. Provide weep -hole openings in bottoms of exterior doors to permit moisture to escape. Seal joints in top edges of doors against water penetration. 2. Close bottom edge of doors with inverted steel channel closure. C. Hollow -Metal Frames: 1. Fabricate and assemble as complete welded unit. 2. Provide countersunk, flat- or oval -head exposed screws and bolts for exposed fasteners unless otherwise indicated. 3. Jamb Anchors: Provide postinstalled expansion type anchors not more than 6 inches (152 mm) from top and bottom of frame. Space anchors not more than 26 (660 mm) o.c. D. Hardware Preparation: Factory prepare hollow -metal work to receive templated mortised hardware; include cutouts, reinforcement, mortising, drilling, and tapping according to SDI A250.6, the Door Hardware Schedule, and templates. 1. Reinforce doors and frames to receive nontemplated, mortised, and surface - mounted door hardware. 2. Comply with applicable requirements in SDI A250.6 and BHMA A156.115 for preparation of hollow -metal work for hardware. PART 3 - EXECUTION 3.1 INSTALLATION A. Hollow -Metal Frames: Install hollow -metal frames of size and profile indicated. Comply with SDI A250.11 or NAAMM-HMMA 840 as required by standards specified. 1. Remove temporary braces necessary for installation only after frames have been properly set and secured. STEEL DOORS AND FRAMES 081113 - 2 r j 2. Check plumb, square, and twist of frames at existing as walls. Shim as necessary to comply with installation tolerances. B. H0110w-Metal Doors: Fit hollow -metal doors accurately in frames in accordance with SDI 100, DHI, ASCE 7-98 and manufacturer's instructions. 3.2 ADJUSTING AND CLEANING A. Final Adjustments: Check and readjust operating hardware items immediately before final inspection. Leave work in complete and proper operating condition. Remove and replace defective work, including hollow -metal work that is warped, bowed, or otherwise unacceptable. END OF SECTION 08113 This Section prepared by Thoma Engineering, Inc. STEEL DOORS AND FRAMES 081113 - 3 THIS PAGE INTENTIONALLY LEFT BLANK. SECTION 092400 - PORTLAND CEMENT PLASTER PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements apply to Work of this Section. 1.2 SUMMARY -- A. Section Includes: 1. Exterior portland cement plasterwork (stucco) on metal lath. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: Show locations and installation of control and expansion joints including plans, elevations, sections, details of components, and attachments to other work. C. Samples: For each type of factory -prepared finish coat indicated. 1.4 PROJECT CONDITIONS A. Comply with ASTM C 926 requirements. B. Factory -Prepared Finishes: Comply with manufacturer's written recommendations for environmental conditions for applying finishes. PART 2 - PRODUCTS 2.1 METAL LATH A. Expanded -Metal Lath: ASTM C 847 with ASTM A 653/A 653M, G60 (Z180), hot -dip galvanized zinc coating. 1. Diamond -Mesh Lath: Self -furring, 3/4 lb/sq. yd. 2.2 ACCESSORIES A. General: Comply with ASTM C 1063 and coordinate depth of trim and accessories with thicknesses and number of plaster coats required. B. Metal Accessories: 1. External -Corner Reinforcement: Fabricated from metal lath with ASTM A 653/A 653M, G60 (Z180), hot -dip galvanized zinc coating. 2. Cornerbeads: Fabricated from zinc -coated (galvanized) steel. a. Small -nose style; use unless otherwise indicated. 3. Casing Beads: Fabricated from zinc -coated (galvanized) steel; square -edged style; with expanded flanges. 4. Control Joints: Fabricated from zinc -coated (galvanized) steel; one -piece - type, folded pair of unperforated screeds in M-shaped configuration; with perforated flanges and removable protective tape on plaster face of control joint. 5. Expansion Joints: Fabricated from zinc -coated (galvanized) steel; folded pair of unperforated screeds in M-shaped configuration; with expanded flanges. 2.3 MISCELLANEOUS MATERIALS A. Water for Mixing: Potable and free of substances capable of affecting plaster set or of i damaging plaster, lath, or accessories. B. Fiber for Base Coat: Alkaline -resistant glass or polypropylene fibers, 1/2 inch (13 mm) long, free of contaminants, manufactured for use in portland cement plaster. i., PORTLAND CEMENT PLASTER 092400 - 1 c C. Ceiling Channels: Hot or cold rolled steel; G-60, Hot dipped galvanized coating; 3/4 inch deep x 1-1/2 inch high; ASTM C1063. D. Furring Channels: Hot or cold rolled steel; G-60, Hot dipped galvanized coating; 3/8 inch deep x 3/4 inch high. E. Resilient Channels: 25 gage thick by size and length required, hat -shaped profile. 3 F. Hanger: Galvanized steel of size to suit application, ASTM C1063. G. Steel Drill Screws: For metal -to -metal fastening, ASTM C 1002 or ASTM C 954, as required by thickness of metal being fastened; with pan head that is suitable for application, in lengths required to achieve penetration through joined materials of no fewer than three exposed threads. H. Fasteners for Attaching Metal Lath to Substrates: Complying with ASTM C 1063. I. Wire: ASTM A 641/A 641M, Class 1 zinc coating, soft temper, not less than 0.0475- inch (1.21-mm) diameter, unless otherwise indicated. 2.4 PLASTER MATERIALS A. Portland Cement: ASTM C 150, Type I. B. Lime: ASTM C 206, Type S; or ASTM C 207, Type S. C. Sand Aggregate: ASTM C 897. D. Acrylic -Based Finish Coatings: Factory -mixed acrylic -emulsion coating systems, formulated with colorfast mineral pigments and fine aggregates; for use over portland cement plaster base coats. Include manufacturer's recommended primers and sealing topcoats for acrylic -based finishes. 1. Color: As selected by Engineer from manufacturer's full range. 2. Texture: Sand finish as approved by Engineer. 2.5 PLASTER MIXES A. General: Comply with ASTM C 926 for applications indicated. 1. Fiber Content: Add fiber to base -coat mixes after ingredients have mixed at least two minutes. Comply with fiber manufacturer's written instructions for fiber quantities in mixes, but do not exceed 1 lb of fiber/cu. yd. (0.6 kg of fiber/cu. m) of cementitious materials. B. Base -Coat Mixes for Use over Metal Lath: Scratch and brown coats for three -coat plasterwork as follows: 1. Portland Cement Mixes: a. Scratch Coat: For cementitious material, mix 1 part portland cement and 3/4 to 1-1/2 parts lime. Use 2-1/2 to 4 parts aggregate per part of cementitious material. b. Brown Coat: For cementitious material, mix 1 part portland cement and 3/4 to 1-1/2 parts lime. Use 3 to 5 parts aggregate per part of cementitious material, but not less than volume of aggregate used in scratch coat. C. Factory -Prepared Finish -Coat Mixes: For acrylic -based finish coatings, comply with manufacturer's written instructions. PART 3 - EXECUTION 3.1 PREPARATION A. Protect adjacent work from soiling, spattering, moisture deterioration, and other harmful effects caused by plastering. B. Prepare solid substrates for plaster that are smooth or that do not have the suction capability required to bond with plaster according to ASTM C 926. I' PORTLAND CEMENT PLASTER 092400 - 2 L �e 3.2 INSTALLING METAL LATH A. Installing Soffit Framing 1. Securely anchor hangers to structural members or embed in structural slab. 2. Coordinate the location of hangers with other work. 3. Size and space hangers in conformance with ASTM C1063, Table 1 to achieve deflection limits indicated. 4. Install furring to height indicated after above ceiling work is complete. 5. Install ceiling furring independent of walls, columns, and above ceiling work. 6. Space main carrying channels at maximum 42 inch centers; not more than 6 inches from wall surfaces. 7. Securely fix carrying channels to hangers to prevent turning or twisting and to transmit full load to hangers. 8. Place furring channels perpendicular to carrying channels, not more than 2 inches from perimeter walls, and rigidly secure. 9. Reinforce openings in suspension system which interrupt main carrying channels or furring channels with lateral channel bracing. Extend bracing minimum 24 inches past each opening. 10. Laterally brace suspension system. 11. Erect resilient channels at maximum 16 inches on center. Rigidly secure in place. 12. Establish contraction, control joints with specified joint device. - 13. Splice laps in main, furring and resilient channels in conformance with ASTM C1063. B. Expanded -Metal Lath: Install according to ASTM C 1063. 1. Flat -Ceiling and Horizontal Framing: Install flat diamond -mesh lath. 3.3 INSTALLING ACCESSORIES A. Install according to ASTM C 1063 and at locations indicated on Drawings. B. Control Joints: Install control joints at locations indicated on Drawings. 3.4 PLASTER APPLICATION A. General: Comply with ASTM C 926. B. Ceilings; Base -Coat Mixes for Use over Metal Lath: Scratch and brown coats for i three -coat plasterwork; 1/2 inch (13 mm) thick. C. Acrylic -Based Finish Coatings: Apply coating system, including primers, finish coats, and sealing topcoats, according to manufacturer's written instructions. 3.5 PLASTER REPAIRS A. Repair or replace work to eliminate cracks, dents, blisters, buckles, crazing and check cracking, dry outs, efflorescence, sweat outs, and similar defects and where bond to substrate has failed. END OF SECTION 092400 This Section prepared by Thoma Engineering, Inc. PORTLAND CEMENT PLASTER 092400 - 3 THIS PAGE INTENTIONALLY LEFT BLANK. i i SECTION 099653 - ELASTOMERIC COATINGS ' PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements apply to Work of this Section. 1.2 SUMMARY A. Section Includes application of elastomeric coatings on existing exterior concrete su bstrates. 1.3 RELATED WORK A. Section 09220 - Portland Cement Plaster for acrylic finish coat of stucco. 1.4 SUBMITTALS A. Product Data: For each type of product. B. Samples: For each product, color and texture indicated. 1. Provide 8 inch square samples on rigid backing. 2. Provide samples of each texture scheduled. 3. Label samples to coordinate with Drawing schedule. 1.5 QUALITY ASSURANCE A. Applicator Qualifications: A firm or individual experienced in applying coating systems similar in material and extent to those indicated for this Project, whose work has resulted in applications with a record of successful in-service performance. B. Source Limitations: Verify crack fillers, block fillers, primers, and other undercoat materials are compatible with coating system. Use products from same manufacturer as finish coats when available. C. Mockups: Construct mockups of each coating system scheduled and each color and texture selected to verify preliminary submitted samples and to demonstrate finish quality standards for execution. 1. Engineer will select wall surfaces of at least 50 sq. ft. for application of each type and texture of elastomeric coating scheduled. 2. Final approval of color and texture selections will be based on mockups. a. If preliminary color selections are not approved, prepare additional mockups at no added cost to Owner. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to Project site in manufacturer's original, unopened packages and containers bearing manufacturer's name and label. B. Store materials not in use in tightly covered containers in a well -ventilated area at a minimum ambient temperature of 40 deg F (4.4 deg C). Maintain containers used in storage of coatings in clean condition, free of foreign materials and residue. Do not store longer than 2 years before final use. 1. Protect coating materials from freezing. Keep materials dry and off of the ground. Keep storage area neat and orderly. Remove waste daily. Take necessary measure to ensure that workers and work areas are protected from health hazards resulting from handling, mixing, and applying the coating. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Products: Subject to compliance with requirements and approval of Engineer, provide one of the following: 1. BASF Building Systems; Thoro Thorolastic ELASTOMERIC COATINGS 099653 - 1 2. Euclid Tamms; Tamms Tammolastic 3. Glidden Professional; Decra-Flex 300 4. Kelly -Moore; Kel-Seal ' 5. PPG Industries; Perma-Crete 6. StoCorp; Sto Powerlex 7. Teifs; TeifsLastic -_ 8. Tnemec; Envirocrete B. Surface Profile: Texture concrete surfaces as scheduled on Drawings. 2.2 OTHER MATERIALS A. Crack Fillers: As recommended by manufacturer. B. Primer: As recommended by manufacturer. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Applicator present, for compliance with manufacturer's requirements for maximum moisture content, alkalinity, and other conditions affecting performance of work. B. Moisture Content: 12 percent maximum. 3.2 PREPARATION A. Comply with manufacturer's written instructions and recommendations as applicable to substrates and coating systems indicated. B. Coordinate with Owner for Owner's removal of light fixtures to accommodate painting. 1. After completing coating operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface -applied protection if any. C. Crack Repair: Fill and repair cracks in accordance with instructions. 3.3 APPLICATION A. Apply elastomeric coatings according to manufacturer's written instructions. B. Apply coatings to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. 3.4 COATING SCHEDULE A. Concrete Substrates: 1. Primer: Concrete primer as required by manufacturer. 2. Elastomeric Finish Coat(s): Manufacturer's recommended number of coats and total dry film thickness for condition of substrate. 3. Finish -Coat Color: As selected by Engineer from manufacturer's full range. a. Coordinate with required finish coat for Section 09220 - Portland Cement Plaster. b. Field verify condition of existing concrete substrates to be coated. 3.5 CLEANING A. After completing painting, clean glass and paint -spattered surfaces. Remove spattered paint by washing and scraping without scratching or damaging adjacent finished surfaces. 3.6 PROTECTION A. Protect work of other trades, whether being painted or not, against damage from painting. Correct damage by cleaning, repairing or replacing, and repainting, as approved by Engineer. ELASTOMERIC COATINGS 099653 - 2 B. Provide "Wet Paint" signs to protect newly painted finishes. After completing painting operations, remove temporary protective wrappings provided by others to protect their work. C. After work of other trades is complete, touch up and restore damaged or defaced painted surfaces. END OF SECTION 099653 This Section prepared by Thoma Engineering, Inc. ELASTOMERIC COATINGS 099653 - 3 THIS PAGE INTENTIONALLY LEFT BLANK. Pedestrian Walkway Repairs Lubbock Memorial Civic Center Lubbock, Texas FFA #11043 Specifications Index 160100 Basic Electrical Requirements 161100 Raceways 161200 Wires and Cables 161700 Grounding and Bonding 11/14/12 Fanning, Fanning & Associates, Inc. Texas Registered Engineering Finn F-00294 2555 74`h Street Lubbock,Texas 79423 Tel 806.745.2533 Fax 806.745.3596 www.fanninafannino.com THIS PAGE INTENTIONALLY LEFT BLANK. I SECTION 160100 — BASIC ELECTRICAL REQUIREMENTS PART 1— GENERAL 1.1 NOTE A. The general provisions of the Contract including Uniform General Conditions and Supplementary General Conditions, Special Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.2 SCOPE A. The work included in Division 16 of the Specifications includes all electrical work, interior and exterior to the project. Provide all materials, labor, equipment, transportation, tools, permits, fees, and supervision to install, test and make operational the complete electrical systems. 1.3 QUALITY ASSURANCE A. Referenced Standards: Provide and install products in accordance with referenced standards. Comply with the standards listed in each section. B. Codes: The electrical work shall be in accordance with latest edition of the following codes: 1. National Electrical Code 2. National Electrical Safety Code 3. Life Safety Code 4. International Building Code 5. City of Lubbock Electrical Ordinance 6. State of Texas codes as applicable 7. National Fire Protection Association 8. Other codes as referenced in individual sections C. Material Standards: Materials and equipment shall be listed or labeled as defined in Article 100 of the National Electrical Code (NEC), by a testing agency acceptable to the Owner. Materials shall be marked for their intended use. D. Permits and Inspections: Obtain all permits and inspections for the installation of the work and pay all charges incident thereto. Deliver to the Owner all certificates of inspections issued by authorities having jurisdiction. 1.4 SUBMITTALS A. Provide submittals for equipment as listed in each Section. B. Submittals shall include descriptive material, catalog sheets, diagrams, performance curves, and charts published by the manufacturer to show conformance with drawings and specifications. C. Provide complete electrical characteristics for all equipment. Lighting submittals shall include photometric data. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 160100-1 FFA 11043 BASIC ELECTRICAL REQUIREMENTS D. Submittals shall be clearly marked showing the individual item offered. E. All electrical submittals shall be bound in a book, indexed by specification section, and certified that they have been checked by the contractor. F. Omissions from the submittal of any material which has been shown on the drawings or specified, does not relieve the contractor from furnishing and installing the item. 1.5 WARRANTY A. The contractor warrants the material and equipment installed to be free from defects for a period of one year after acceptance by the owner. All defects in labor or materials occurring during this period shall be repaired or replaced. PART 2 - PRODUCTS 2.1 EQUIPMENT REQUIREMENTS A. The electrical equipment specified and shown on the drawings is based on information available at the time of design. If the equipment furnished has different electrical requirements, the contractor shall make the required changes to the wire, conduit, controls, overcurrent protection, switchgear, and installation as required to accommodate the equipment supplied, without additional charge to the owner. The cost for such adjustments shall be assigned to the respective section of this Specification under which the equipment is furnished. 2.2 MATERIALS A. All materials shall be UL labeled where a Standard exists for the product. If the product does not bear the UL label, the manufacturer shall submit documentation from an independent testing laboratory, acceptable to the authority having jurisdiction, showing evidence that the product is suitable for the installation. B. Materials and equipment shall be the standard products in current production of manufacturers regularly engaged in the production of such equipment. C. All materials shall be new and free from defects. Materials of the same type shall be the product of one manufacturer. D. All material and equipment shall be installed, applied, and handled in accordance with the manufacturer's recommendations and standards. E. Where no specific material is mentioned, provide the required material from a reputable manufacturer. The material shall conform to the project requirements, and shall be suitable to the engineer. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 160100-2 FFA 11043 BASIC ELECTRICAL REQUIREMENTS PART 3 - EXECUTION 3.1 GENERAL A. Fabricate, erect, and install the complete electrical systems in accordance with accepted good practice by qualified personnel who are licensed and experienced in such work. Proceed in an orderly manner so as not to impede the progress of the project. 3.2 DRAWINGS A. The electrical drawings are diagrammatic. Carefully coordinate the work with structural, architectural, and mechanical conditions. Make adjustments to avoid conflicts. B. The locations shown for electrical equipment is approximate and not intended to convey the exact details of installation. Exact locations are to be determined in the field by actual measurements. C. The contractor is responsible for fitting the equipment and material into the space. If the equipment furnished requires different space conditions than shown on the drawings, the contractor shall arrange for such space and shall submit a drawing indicating the exact details of installation prior to construction. D. Do not scale drawings. Layout electrical equipment using dimensions obtained from the manufacturer of the equipment and from field measurements. 3.3 SITE INVESTIGATION A. Prior to submitting bids, visit the site and become aware of existing conditions that may affect the cost of the project. Include in the bid the work required to remove, extend, relocate, reconnect or modify existing equipment or systems, and to restore them to their original condition. 3.4 MATERIALS HANDLING AND STORAGE A. Handle materials in accordance with the manufacturer's standards and recommendations. B. All materials, except those specifically designed to be installed outdoors, shall be stored in an enclosed, dry building or trailer. Protect all stored equipment from damage. Remove damaged materials from the premises. C. Equipment and materials shall not be installed until such time as the environmental conditions of the job site are suitable to protect the equipment and materials. They shall be protected from water, direct sunlight, cold and heat unless designed for such conditions. 3.5 CUTTING AND PATCHING A. Sleeve or cut all openings in walls, floors, ceilings and roof required to install the electrical work. B. Do not cut structural members unless specific permission is granted by the structural engineer. C. Patch all openings after installation of the work, and repair any damage caused by this activity. Restore the surface to its original condition. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 160100-3 FFA 11043 BASIC ELECTRICAL REQUIREMENTS 3.6 PAINTING A. Refer to PAINTING Section of these Specifications. B. Touchup scratched or marred surfaces of all electrical equipment with paint obtained from the equipment manufacturers specifically for that purpose. Remove all oil, dirt, grease and foreign material before painting and prepare the surface as recommended by the manufacturer. 3.7 TESTING A. Provide all field-testing specified in the individual specification sections. 3.8 RECORD DOCUMENTS A. Provide record documents as required in Division 1 of the specifications. END OF SECTION 160100 Fanning, Fanning & Associates, Inc. Texas Registered Engineering Finn F-00294 2555 74`h Street Lubbock,Texas 79423 Tel 806.745.2533 Fax 806.745.3596 www.fanninqfanning.com CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 160100-4 FFA 11043 BASIC ELECTRICAL REQUIREMENTS SECTION 161100 —RACEWAYS PART 1— GENERAL 1.1 NOTE i A. The general provisions of the Contract including Uniform General Conditions and Supplementary General Conditions, Special Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.2 SUBMITTALS A. Submit product data sheets for all conduits and fittings. 1.3 SCOPE A. Furnish and install all conduits, wireways, raceways, and fittings for all systems interior and exterior to the building. 1.4 QUALITY ASSURANCE A. Referenced Standards: Provide products that comply with the referenced standards. These Standards are incorporated into this Specification by reference. 1. National Fire Protection Association (NFPA) No. 70 National Electrical Code (NEC) 2. American National Standards Institute (ANSI) C-80.1 Rigid Galvanized Conduit C-80.3 Electrical Metallic Tubing 3. Underwriters Laboratories, Inc. (UL) UL 1 Flexible Metal Conduit UL 5 Surface Metal Raceways and Fittings UL 6 Rigid Metal Conduit UL 651 Rigid PVC Conduit UL 797 Electrical Metallic Tubing UL 1242 Intermediate Metal Conduit UL 360 Liquid -Tight Flexible Steel Conduit 4. National Electrical Manufacturers Association (NEMA) RNl Externally PVC Coated GRS and IMC Conduit PART 2 — PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Subject to project requirements, products manufactured by (but not limited to) the following companies are acceptable: ` CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 161100-1 ., FFA 11043 RACEWAYS 1. Metal Conduit and Fittings: a. Allied b. Wheatland C. Appleton d. Raco e. Killark f. O-Z / Gedney 2.2 METAL CONDUIT AND FITTINGS A. Rigid Steel Conduit (GRS): 1. Rigid, threaded, galvanized inside and outside or galvanized outside with protective coating inside. 2. Factory made steel threaded couplings. B. Intermediate Metal Conduit (IMC): 1. Rigid, threaded, thin wall steel, galvanized outside with protective coating inside. 2. Factory made steel threaded couplings. C. Electrical Metallic Tubing (EMT): 1. Steel tubing, galvanized outside with slick corrosion resistant interior coating. 2. Steel compression couplings and box connectors. D. Flexible Metal Conduit: 1. Spirally wound with interlocking galvanized steel strips. Aluminum is not permitted. 2. Flexible conduit shall be approved for use as equipment grounding conductor. 3. Connectors shall be steel, suitable for grounding continuity. E. Liquidtight Flexible Metal Conduit: 1. Spirally wound with interlocking galvanized steel strips with PVC cover extruded over the exterior to make the conduit liquidtight. 2. Shall be approved for use as equipment grounding conductor. 3. Shall be steel, suitable for grounding continuity, Liquidtight. PART 3 — EXECUTION 3.1 INSTALLATION OF BUILDING RACEWAYS A. All wiring of every description shall be run in conduit or electrical metallic tubing unless noted or specified otherwise. Conduits may be run exposed in machinery and electrical rooms and unfinished areas. All other conduits shall be run concealed unless otherwise noted. All exposed runs shall be installed parallel to the surface of the building in a neat and orderly manner. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 161100-2 FFA 11043 RACEWAYS B. Types: All conduits installed in wet or damp locations, or on roofs shall be rigid galvanized steel conduits. Above grade interior conduits shall be rigid galvanized steel conduit, intermediate metal conduits or electrical metallic tubing. Conduits installed below grade in slabs or buried in earth shall be PVC or PVC coated rigid galvanized steel or wrapped rigid galvanized steel. C. Sizes: Size and install raceways so that conductors may be drawn in without injury or excessive strain. Make field bends with approved bending devices. Do not install bends or offsets in which conduit is crushed, deformed or otherwise injured. D. Connections: Use lengths of flexible metal conduit, not less than 12" long at final connections to all motors, generators, controls and other devices subject to movement because of vibration or mechanical adjustment. Use flexible metal conduit also at connections to recessed lighting fixtures, and elsewhere as required. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. E. Joining Rigid Conduits: Join with threaded couplings. Ream out all conduit ends after threading. Secure rigid conduits at panel boxes, junction boxes, pull boxes, switchboards, support boxes, or sheet metal outlet boxes by galvanized locknuts, inside and outside, with insulating bushing inside. Unthreaded set screw type couplings or connectors are not acceptable in rigid conduit systems. No running threads shall be used anywhere in conduit systems. F. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction. Do not pull any conductors into raceways until all plastering in the vicinity is completed. Swab out all raceways before pulling in conductors. G. Penetrations: Wherever raceways pass through floors, walls partitions, etc., carefully fill any space between the outside of the raceway and the building material to prevent passage of air, water, smoke and fumes. Filling material shall be fire -resistive and installed to meet requirements of the UL Fire Resistance Directory. 3.2 CONDUIT SUPPORTS A. Support Spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. B. Individual Conduits: Support conduits running vertically or horizontally with galvanized malleable iron one hole clamps. Carry individually supported horizontal conduits 1-1/4" and larger on Kindorf No. 150 or Steel City No. C-149 hangers. Use no perforated strap iron as hanger material. Where conduits smaller than 1-1/4" are installed above metal lath and plaster ceilings or mechanically suspended dry ceilings of the non -removable type, they may be supported on ceiling runner channels. Where conduits smaller than 1-1/4" are installed above removable ceilings, attach them to the structure or bar joists (where present) or support them on threaded hanger rods with clips. Do not use any wire to support conduits or to attach conduits to supporting members. Locate conduits a sufficient distance above the ceiling to permit removal of the ceiling panels. Locate them so as not to hinder access to mechanical and electrical equipment through the ceiling panels. C. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may be supported on trapezes formed of sections of Unistrut angle iron or channels suspended on rods or pipes. Size trapeze members including the suspension rods for the number size and CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 16110 - 03 FFA 11043 RACEWAYS loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. END OF SECTION 161100 11/14/12 Fanning, Fanning & Associates, Inc. Texas Registered Engineering Firm F-00294 2555 74`h Street Lubbock,Texas 79423 Tel 806.745.2533 Fax 806.745.3596 www.fanninqfanninci.com CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 161100-4 FFA 11043 RACEWAYS SECTION 161200 — WIRES AND CABLES PART 1— GENERAL 1.1 NOTE A. The general provisions of the Contract including Uniform General Conditions and Supplementary General Conditions, Special Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.2 SUBMITTALS A. Submit catalog data sheets on all conductors and cables and wire. 1.3 SCOPE A. Under this Section, furnish and install all building wires and cables (600 volts and below) complete with connectors and terminations. Exterior branch circuits and feeders are also included in this section. Wiring for communication and alarm systems are included in their respective sections unless they reference this Section. 1.4 QUALITY ASSURANCE A. Referenced Standards. Provide products which comply with the referenced standards. These Standards are incorporated into this Specification by reference. 1. National Fire Protection Association (NFPA) No. 70 National Electrical Code (NEC) 2. Underwriters Laboratories, Inc. (U.L.) UL 44 Thermoset -Insulated Wires and Cables UL 83 Thermoplastic -Insulated Wires and Cables UL 486 Wire Connectors and Soldering Lugs UL 510 Insulating Tape PART 2 — PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Subject to project requirements, products manufactured by (but not limited to) the following companies are acceptable. 1. Insulated Cable: a. Southwire Co. b. Senator Wire & Cable Co. C. Okonite d. Anaconda e. Pirelli Cable Co. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 161200-1 FFA 11043 WIRES AND CABLES 2. Electrical Spring Connectors: a. Scotch b. Ideal C. Buchanan 3. Compression Connectors: a. Burndy b. Scotch C. llsco 4. Mechanical Connectors: a. Burndy b. Scotch C. Ideal 5. Insulating Kits: a. Raychem b. Scotch 6. Insulating Tape: Scotch 2.2 CONDUCTORS A. Type: Soft drawn copper, UL listed, rated at 600 volts, free from flaws and imperfections. Conductors no. 10 and smaller shall be solid. Conductors larger than no. 10 shall be stranded. B. Insulation: Unless otherwise indicated on the drawings, otherwise specified in other Sections, or otherwise required by the National Electrical Code, conductors shall have type THHN/THWN or XHHW insulation. C. High Temperatures: Use type RHH or RHW-2 for wiring in proximity to boilers and other devices subject to high temperatures. D. Markings: Conductors shall be marked on the surface with rated voltage, size, type, and manufacturer. The size shall be repeated at intervals not exceeding 24 inches, with the remaining data repeated at intervals not exceeding 40 inches. E. Performance: Conductors shall be electrically continuous and free from shorts or grounds. All open or shorted conductors shall be replaced. All conductors with damaged insulation shall be removed and replaced with new conductors free from defects. F. Conductors and cables installed open in ceiling plenums shall be plenum -rated. 2.3 JOINTS AND SPLICES A. Solid Conductors (No. 10 AWG and smaller): U.L. approved, screw -on, electrical spring connectors, 600 volt, 105C, insulated. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 161200-2 FFA 11043 WIRES AND CABLES B. Stranded Conductors (No. 8 and Larger): Crimp type compression connectors properly selected i for the conductor size and material. All connectors shall be applied with properly sized dies and tools as recommended by the manufacturer. Insulate the splice with an insulating kit providing 600 volt, 90C rating. 2.4 COLOR CODING A. Equipment Grounding Conductors: 1. Equipment grounding conductors shall be green. Grounding conductors from isolated grounding system shall be green with yellow stripes. 2. Equipment grounding conductors, no. 6 awg and smaller shall have continuous color - coding the entire length of the conductor. Sizes larger than no. 6 awg shall be permitted to be identified at each end, and at every point where the conductor is accessible. The marking shall consist of green tape, or green adhesive labels. B. Neutral Conductors: 1. Neutral conductors shall be white or natural gray. 2. Where systems of different voltages are installed, the neutral of the lower voltage shall be white or natural gray, and the neutral of the higher voltage shall have three continuous white stripes on other than green insulation. 3. Sizes no. 6 awg, or smaller shall have continuous color -coding the entire length of the conductor. Larger sizes shall be permitted to be identified at each end, and at every point where the conductor is accessible. The marking shall consist of white tape or stripped tape or white adhesive labels. C. Phase Conductors: 1. Conductors no. 10 awg and smaller shall have continuous color -coding the entire length of the conductor. Larger sizes shall be permitted to be identified at each end, and at every point where the conductor is accessible. The marking shall consist of colored tape, or colored adhesive labels. 2. The color -coding system employed shall be permanently posted on the inside door of each branch -circuit panelboard. The posting shall identify the color -coding of each phase conductor and shall be applied to the inside of the door with adhesive. 3. 120/208 volt, 3 phase system: I Phase A — Black Phase B — Red Phase C — Blue 4. 277/480 volt, three phase system: Phase A — Yellow Phase B — Brown ` Phase C — Orange : CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 1612 - 00 3 FFA 11043 WIRES AND CABLES PART 3 — EXECUTION 3.1 INSTALLATION OF WIRING A. Install all wiring in raceways unless specified otherwise. B. Wire Pulling: Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling lines to conductors by means of woven basket grips or by pulling eyes attached directly to conductors. All conductors to be installed in a single conduit shall be pulled in together. Use U.L. listed cable pulling compound where necessary. C. Cable Lubricants: All cable lubricants shall be UL listed, and shall be certified by their manufacturer to be non -injurious to the insulation on which they are used. D. Wire Sizing: 1. No wire shall be smaller than no. 12, except for signal and control circuits. 2. 120 volt, 20 amp lighting branch circuits — Where the length of run from panelboard to first lighting outlet exceeds 75 feet use no. 10 conductors; otherwise use no. 12. 3. 277 volt, 20 amp lighting branch circuit — Where the length of run from panelboard to first lighting outlet exceeds 175 feet, use no. 10 conductors; otherwise use no. 12. 4. Where more than three current -carrying conductors are installed in the same conduit or raceway, the conductors shall be increased in size as required to maintain the required ampacity after application of the adjustment factors of NEC Table 310-15(b)(2)(a). 5. All branch circuit wiring connected to the load side of dimmers shall have an individual neutral installed with each circuit. E. Joints and Splices: 1. Make joints and splices only where necessary and only at outlet boxes, wiring troughs and other enclosures permitted by the NEC. All joints shall be mechanically and electrically secure. 2. Do not splice conductors in panelboards, safety switches, switchboards, motor control centers or motor control enclosures. 3. Conductors for use with insulated spring connectors shall be twisted together prior to application of the connector. F. Terminations: Tighten electrical connections and terminations in accordance with the manufacturer's published values. A calibrated tool shall be used to insure proper torque values. G. Bundling: Bundle all conductors in panelboards, cabinets, pullboxes and the like using nylon straps made for this purpose. Bundle conductors larger than no. 10 in individual circuits. Bundle smaller conductors in larger groups. H. Identification: Refer to ELECTRICAL IDENTIFICATION SECTION. 1. Mark conductors to clearly identify each circuit by number. Securely attach to each conductor in each junction box, pull box, panelboard, etc. 2. The cover of each junction box and pullbox shall be marked with the designations of each circuit contained therein. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 161200-4 FFA 11043 WIRES AND CABLES 3. Where colored plastic tape is applied to conductors for identification, use half -lapped turns for a distance of 6 inches from the terminal points and in boxes where taps and splices are made. Apply the last two turns with no tension to prevent unwinding. Use 1-inch wide tape applied to avoid obscuring cable identification markings. 3.2 FIELD TESTING A. Test wires and cables for electrical continuity and short circuits. B. Test cable mechanical connections to the manufacturer's recommended values using calibrated torque wrench. C. Energize circuits and demonstrate proper operation. END OF SECTION 161200 11/14/12 Fanning, Fanning & Associates, Inc. Texas Registered Engineering Firm F-00294 2555 74`h Street Lubbock,Texas 79423 Tel 806.745.2533 Fax 806.745.3596 www.fanninqfanning.com CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 161200-5 FFA 11043 WIRES AND CABLES THIS PAGE INTENTIONALLY LEFT BLANK. SECTION 161700 — GROUNDING AND BONDING PART 1— GENERAL 1.1 NOTE A. The general provisions of the Contract including Uniform General Conditions and Supplementary General Conditions, Special Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.2 SUBMITTALS A. Submit product data sheets for all grounding equipment. 1.3 SCOPE A. Furnish and install grounding equipment and systems as specified herein. Also refer to, and comply with specific grounding requirements contained in other Sections. 1.4 QUALITY ASSURANCE A. Referenced Standards: Provide products that comply with the referenced standards. These Standards are incorporated into this Specification by reference. 1. National Fire Protection Association (NFPA) No. 70 National Electrical Code (NEC) 2. Institute of Electrical and Electronic Engineers (IEEE) Standard 81 Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System 3. Underwriters Laboratories, Inc. (UL) UL 467 Grounding and Bonding Equipment PART 2 — PRODUCTS 2.1 MANUFACTURERS A. Subject to project requirements, products manufactured by (but not limited to) the following companies are acceptable: 1. Grounding Products: a. Chance / Hubbell b. Copperweld Corp C. Erico Inc. d. Ideal Industries, Inc. e. ILSCO f. Kearney / Cooper Power Systems g. Lyncoln XIT Grounding h. Superior Grounding Systems, Inc. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS FFA 11043 161700-1 GROUNDING AND BONDING i. Thomas and Betts j. Raco, Inc. k. Burndy 2.2 CONDUCTORS A. Equipment Grounding Conductors: 1. Use insulated conductors that comply with WIRES AND CABLES Section. 2. Equipment grounding conductors shall be green. 3. Isolated ground conductors shall be green with yellow stripes. 4. No. 6 AWG and smaller shall have continuous color -coding the entire length of conductor. Larger sizes shall be identified with color -coded plastic tape at each end, and at every point where the conductor is accessible. For equipment grounding conductors use green tape. For isolated ground conductors use alternating bands of green and yellow tape with a minimum of three bands of green and two bands of yellow. 2.3 GROUND CONNECTORS A. Compression Connectors: 1. Suitable for direct burial, embedded in concrete, or above grade applications, equal to Burndy Hyground. 2. Connectors shall be equivalent in current -carrying capacity to the maximum size copper conductors being joined. 3. Equipment shall be in accordance with the connector manufacturers recommendation. This shall include cable preparation, installation tools and dies, and the required number of crimps. B. Bolted Connectors: 1. UL listed for grounding. 2. Above grade applications. 3. Provide equipment in accordance with connector manufacturers' recommendations for the application. C. Welded Connectors: 1. Exothermic -welded type, UL listed for grounding connections. 2. Provided in kit form and selected for the specific types, sizes, conductors and other items to be connected. PART 3 — EXECUTION 3.1 EQUIPMENT GROUNDING CONDUCTORS A. Comply with NEC Article 250 for types, sizes and quantities of equipment grounding conductors, unless specific types, larger sizes, or more conductors than required by NEC are indicated. CIVIC CENTER -PEDESTRIAN WALKWAY REPAIRS 161700-2 FFA 11043 GROUNDING AND BONDING s B. Install a separate, green -insulated, equipment grounding conductor in each feeder and each branch conduit. Install the grounding conductor in the same raceway with related phase and neutral conductors, and connect to pull boxes or outlet boxes at intervals of 100 feet or less. Where paralleled conductors in separate raceways occur, provide a grounding conductor in each raceway. Connect the grounding conductors to bare grounding bars in panelboards, and ground busses in service equipment to the end that there will be an uninterrupted grounding circuit from the point of a ground fault to the point of connection of the equipment ground and system neutral. C. Install equipment grounding conductors in nonmetallic raceways unless they are designated for telephone or data cables. D. Install equipment grounding conductors in all flexible metal conduit and liquid -tight flexible metal conduit. END OF SECTION 161700 11/14/12 Fanning, Fanning & Associates, Inc. Texas Registered Engineering Firm F-00294 2555 74t' Street Lubbock,Texas 79423 Tel 806.745.2533 Fax 806.745.3596 www.fa nn ingfan n ing.com CIVIC CENTER -PEDESTRIAN WALKWAY REPAIR - S 161700 3 FFA 11043 GROUNDING AND BONDING THIS PAGE INTENTIONALLY LEFT BLANK.