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HomeMy WebLinkAboutResolution - 2007-R0318 - Contract - Minnix Commercial Construction Inc.- Animal Shelter/Adoption Center - 07/26/2007Resolution No. 2007-RO318 July 26, 2007 Item No. 6.15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Minnix Commercial Construction, Inc., of Lubbock, Texas, for design and construction of an animal shelter and adoption center per BID 07 -002 -VK, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 26th day of July , 2007. DAVID A. MILLER, MAYOR ATTEST: Garza, City APPROVED AS TO Scott Snider Assistant City Manager/Community Services APPROVED ASO FORM: R Vandiver, Attorney of Counsel DDres/M inn i xConirnConst-Ani mal ShelterOXon Res July 19, 2007 Resolution No. 2007—RO318 City of Lubbock, TX Animal Shelter and Adoption Center Cost of Design -Build Project July 26, 2007 Pre -Construction Phase S 233,333 8% of Architectural, engineering, budgeting, Fee Construction Cost estimating, and design services Construction Phase 145,833 5% of Cost of doing business (i.e. rent, Fee Construction Cost administrative cost, accounting cost, telephone, and other office expenses) General Conditions 145,833 5% of Liability insurance, bonds, cellular Cost Construction Cost telephones for the Project, on-site office, Project Manager's time at site, on-site administration costs, and incidental work, including minor field labor and materials Constructiton Cost 2,916,667 Maximum amount payable to the Design - Limitation Builder for all direct cost of construction Guaranteed Maximum 3,208,333 Maximum cost to the City for construction Price of the work Owners Representative 58,333 2% of Independent architect to review design and Construction Cost determine scope compliance as required by Local Govt Code 271.119 Total Project Cost $ 3.60.0.0(}Q 120% of Construction Cost Limitation Resolution No. 2007—RO318 *AIA Document A141TM - 2004 Standard Form of Agreement Between Owner and Design -Builder AGREEMENT inade as of the Twenty-fourth clay of July in the year of Two Thousand Seven ADDITIONS AND DELETIONS: (In words, indicate day, morph rind Year) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name, address and other information) have revised the text of the original AIA standard form. An Additions and The City of Lubbock Deletions Report that notes added PO Box 2000 information as well as revisions to Lubbock, Texas 79457 the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates and the Design -Builder: where the author has added (Name, address and other information) necessary information and where the author has added to or deleted Minnix Commercial Partners Ltd. from the original AIA text. PO Box 64895 . This document has important legal Lubbock, Texas 79464 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For the following Project: Consultation with an attorney is also (Name, location and detailed description)professional encouraged with respect to licensing requirements Animal Shelter & Adoption Center, Lubbock, Texas in the jurisdiction where the Project is located. The Owner and Design -Builder agree as follows. Init. AIA Document A141 TM — 2004. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / t by AIA software at 11:40:15 on 07/25/2007 under Order No.1000312093_ 1 which expires on 7/17/2008, and is not for resale. User Notes: (1849483374) TABLE OF ARTICLES 1 THE DESIGN -BUILD DOCUMENTS 2 WORK OF THIS AGREEMENT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 MISCELLANEOUS PROVISIONS 8 ENUMERATION OF THE DESIGN -BUILD DOCUMENTS TABLE OF EXHIBITS A TERMS AND CONDITIONS B DETERMINATION OF THE COST OF THE WORK C INSURANCE AND BONDS ARTICLE 1 THE DESIGN -BUILD DOCUMENTS § 1.1 The Design -Build Documents form the Design -Build Contract. The Design -Build Documents consist of this Agreement between Owner and Design -Builder (hereinafter, the "Agreement") and its attached Exhibits; Supplementary and other Conditions; Addenda issued prior to execution of the Agreement; the Project Criteria, including changes to the Project Criteria proposed by the Design -Builder and accepted by the Owner, if any; the Design -Builder's Proposal and written modifications to the Proposal accepted by the Owner, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Design -Build Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Owner, (2) between the Owner and a Contractor or Subcontractor, or (3) between any persons or entities other than the Owner and Design -Builder, including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria. An enumeration of the Design -Build Documents, other than Modifications, appears in Article 8. § 1.2 The Design -Build Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. § 1.3 The Design -Build Contract may be amended or modified only by a Modification. A Modification is (1) a written amendment to the Design -Build Contact signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Owner. 1.4 All Change Orders shall be subject to the provision of State law. To the extent any terms of this agreement shall conflict with State law, State law shall prevail. ARTICLE 2 THE WORK OF THE DESIGN -BUILD CONTRACT § 2.1 The Design -Builder shall fully execute the Work described in the Design -Build Documents, except to the extent specifically indicated in the Design -Build Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice issued by the Owner. AIA Document A141 t" — 2004. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, 2 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11 A0:15 on 07/25/2007 under Order No.1000312093__1 which expires on 7/17/2008, and is not for resale. User Notes: (1849483374) (Insert the date of connnencemew if ii differs from the date of this Agreement or, if applicable, state that the elate gill be ft.ved in a notice to proceed.) The date will be fixed in a notice to proceed. If, prior to the commencement of Work, the Owner requires time to file mortgages, documents related to mechanic's liens and other security interests, the Owner's time requirement shall he as follows: (Insert Owner's time requirements.) N/A § 3.2 The Contract Time shall be measured from the date of commencement, subject to adjustments of this Contract Time as provided in the Design -Build Documents. (insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) $ 100 per day liquidated damages. § 3.3 The Design -Builder shall achieve Substantial Completion of the Work not later than 600 days from the date of commencement, or as follows: (hisert number of calendar days. Alternatively, a calendar date may be ttsed when coordinated with the date of commencement. Unless stated elsewhere in the Design -Build Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) 180 days for design and 420 days for construction. Portion of Work Substantial Completion Date ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Design -Builder the Contract Sum in current funds for the Design -Builder's performance of the Design -Build Contract. The Contract Sum shall be one of the following: (Check the appropriate bar.) [ ] Stipulated Sum in accordance with Section 4.2 below; [ ] Cost of the Work Plus Design -Builder's Fee in accordance with Section 4.3 below; [ X ] Cost of the Work Plus Design-Bui]der's Fee with a Guaranteed Maximum Price in accordance with Section 4.4 below. (Based on the selection above, complete either Section 4.2, 4.3 or 4.4 below.) § 4.2 STIPULATED SUM § 4.2.1 The Stipulated Sum shall be ( ), subject to additions and deductions as provided in the Design -Build Documents. § 4.2.2 The Stipulated Sum is based upon the following alternates, if any, which are described in the Design -Build Documents and are hereby accepted by the Owner: None § 4.2.3 Unit prices, if any, are as follows: (nit. AIA Document At41 TM - 2004. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:40:15 on 07/25/2007 under Order No.1000312093_1 which expires on 7117/2008, and is not for resale. User Notes: (1849483374) Description None Units Price ($ 0.00) § 4.2.4 Allowances, if any, are as follows: (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both) Allowance None Amount ($ 0.00) Included Items § 4.2.5 Assumptions or qualifications, if any, on which the Stipulated Sum is based, are as follows: § 4.3 COST OF THE WORK PLUS DESIGN -BUILDER'S FEE § 4.3.1 The Cost of the Work is as defined in Exhibit B. § 4.3.2 The Design -Builder's Fee is: (State a lump sum, percentage of Cost of the Work or other provision for determining the Design -Builder's Fee and the method of adjustment to the Fee for changes in the lVork. ) None § 4.4 COST OF THE WORK PLUS DESIGN -BUILDER'S FEE WITH A GUARANTEED MAXIMUM PRICE § 4.4.1 The Cost of the Work is as defined in Exhibit B, plus the Design -Builder's Fee. § 4.4.2 The Design -Builder's Fee is: (State a lump sum, percentage of Cost of the Work or other provision for determining the Design -Builder's Fee and the method of adjustment to the Fee fa- changes in the Work.) ddd� Pre -Construction Phase Fee, Construction Phase Fee, and General Conditi "nsCosts as defined in Exhibit D. § 4.4.3 GUARANTEED MAXIMUM PRICE Z e4.4.3.1 The sum of the Cost of the and the Design -Builder's y uar n e I b the n udder not to xceed Three Million, Two Hundred}��Thousand, Three Hundred AW11 ars y( $3,208,333 ), subject to additions and deductions by changes in the Work as provided in the Design -Build Documents. Such maximum sum is referred to in the Design -Build Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design -Builder without reimbursement by the Owner. (Insert speck provisions if the Design -Builder is to participate in any savings.) None § 4.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any; which are described in the Design -Build Documents and are hereby accepted by the Owner: None § 4.4.3.3 Unit Prices, if any, are as follows: Description None Units Price ($ 0.00) § 4.4.3.4 Allowances, if any, are as follows: (Identif yy and state the amounts of any allowances, and state whether they include labot-, materials, or both.) Allowance None Amount ($ 0.00) Included Items AIA Document A141 TM - 2004. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, 4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / — by AIA software at 11:40:15 on 07/25/2007 under Order No. 1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1849483374) § 4.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based, are as follows: (Identify the assumptions on n,hirh the Guaranteed Maximum Price is based.) § 4.5 CHANGES IN THE WORK § 4.5.1 Adjustments of the Contract Sum on account of changes in the Work may be determined by any of the methods listed in Article A.7 of Exhibit A, Terms and Conditions, subject to State Law. § 4.5.2 Where the Contract Sum is the Cost of the Work, with or without a Guaranteed Maximum Price, and no specific provision is made in Sections 4.3.2 or 4.4.2 for adjustment of the Design -Builder's Fee in the case of Changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment will cause substantial inequity to the Owner or Design -Builder, the Design -Builder's Fee shall be equitably adjusted on the basis of the Fee established for the original Work, and the Contract Sum shall be adjusted accordingly. ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Design -Builder, the Owner shall make progress payments on account of the Contract Sum to the Design -Builder as provided below and elsewhere in the Design -Build Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: N/A § 5.1.3 Provided that an Application for Payment is received not later than the 1 day of month, the Owner shall make payment to the Design -Builder not later than the 15 day of the same month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than 30 ( Thirty ) days after the Owner receives the Application for Payment. § 5.1.4 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Design -Builder shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Design -Builder on account of the Cost of the Work equal or exceed (1) progress payments already received by the Design -Builder, less (2) that portion of those payments attributable to the Design -Builder's Fee; plus (3) payrolls for the period covered by the present Application for Payment. N/A § 5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price, the Design -Builder shall submit the most recent schedule of values in accordance with the Design -Build Documents. The schedule of values shall allocate the entire Contact Sum among the various portions of the Work. Compensation for design services shall be shown separately. Where the Contracty Sum is based on the Cost of the Work with a Guaranteed Maximum Price, the Design -Builder's Fee shall be shown separately. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing the Design -Builder's Applications for Payment. § 5.1.6 In taking action on the Design -Builder's Applications for Payment, the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design -Builder and shall not be deemed to have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Sections 5.1.4 or 5.1.5, or other supporting data; to have made exhaustive or continuous on -site inspections; or to (nit. AIA Document A141 T' — 2004. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:40:15 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1849483374) have made examinations to ascertain how or for what purposes the Design -Builder hats used amounts previously paid on account of the Agreement. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants actinL) in the sole interest of the Owner. § 5.1.7 Except with the Owner's prior approval, the Design -Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 PROGRESS PAYMENTS - STIPULATED SUM § 5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sun shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.2.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of 5% ( Five ) on the Work, other than services provided by design professionals and other consultants retained directly by the Design -Builder. Pending final determination of cost to the Owner of Changes in the Work, amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A, Terms and Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ( ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Owner has withheld payment from or nullified an Application for Payment as provided in Section A.9.5 of Exhibit A, Terms and Conditions. § 5.2.3 The progress payment amount determined in accordance with Section 5.2.2 shall be further modified under the following circumstances: .1 add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section A.9.8.6 of Exhibit A, Terms and Conditions requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if an),.) .2 add, if final completion of the Work is thereafter materially delayed through no fault of the Design - Builder, any additional amounts payable in accordance with Section A.9.10.3 of Exhibit A, Terms and Conditions. § 5.2.4 Reduction or limitation of retainage, if any, under Section 5.2.2 shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting fi-orn the percentages inserted in Sections 5.2.2.1 and 5.2.2.2 above, and this is not explained elsewhere in the Design - Build Documents, insert here provisions for such reduction or limitation.) N/A § 5.3 PROGRESS PAYMENTS - COST OF THE WORK PLUS A FEE § 5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price, Applications for Payment shall show the Cost of the Work actually incurred by the Design -Builder through the end of the period covered by the Application for Payment and for which Design -Builder has made or intends to make actual payment prior to the next Application for Payment. Not applicable. § 5.3.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Exhibit B; AIA Document A141 TM - 2004. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is (nit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:40:15 on 07/25/2007 under Order No.10003120931 which expires on 7/17/2008, and is not for resale. User Notes: (1849483374) .2 Add the Design -Builder's Fee, less retainage of ( % ). The Design -Builder's Fee shall be computed upon the Cost of the Work described in the preceding Section 5.3.2.1 at the rate stated in Section 4.3.2; or if the Design -Builder's Fee is stated as a fixed sum in that section, in amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work in the preceding section bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract the shortfall, if any, indicated by the Design -Builder in the documentation required by Section 5.1.4 or resulting from errors subsequently discovered by the 0xvileCs accountants in such documentation; and .5 Subtract amounts, if any, for which the Owner has withheld or withdrawn a Certificate for Payment as provided in the Section A.9.5 of Exhibit A, Terms and Conditions. § 5.3.3 Retainage in addition to the retainage stated at Section 5.3.2.2, if any, shall be as follows: § 5.3.4 Except with the Owner's prior approval, payments for the Work, other than for services provided by design professionals and other consultants retained directly by the Design -Builder, shall be subject to retainage of not less than ( % ). The Owner and Design -Builder shall agree on a mutually acceptable procedure for review and approval of payments and retention for Contractors. § 5.4 PROGRESS PAYMENTS - COST OF THE WORK PLUS A FEE WITH A GUARANTED MAXIMUM PRICE § 5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (i ) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Design -Builder on account of that portion of the Work for which the Design -Builder has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5.4.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A, Terms and Conditions; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Design -Builder's Fee, less retainage of Five ( 5 % ). The Design -Builder's Fee shall be computed upon the Cost of the Work described in the two preceding sections at the rate stated in Section 4.4.2 or, if the Design -Builder's Fee is stated as a fixed sum in that section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work in the two preceding sections bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Design -Builder in the documentation required by Section 5.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation; and .6 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Section A9.5 of Exhibit A, Terms and Conditions. § 5.4.3 Except with the Owner's prior approval, payments for the Work, other than for services provided by design professionals and other consultants retained directly by the Design -Builder, shall be subject to retainage of not less Init. AIA Document A141 TM - 2004. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:40:15 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1849483374) than Five ( 5 % ). The Owner and DesiLn-Builder shall aoree on a mutually acceptable procedure for review and approval of payments and retention for Contractors. § 5.5 FINAL PAYMENT § 5.5.1 Final payment, constit16110 the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Design -Builder no later than 30 days after the Design -Builder has fully performed the Design -Build Contract, including the requirements in Section A.9.10 of Exhibit A, Terms and Conditions, except h1r the Design -Builder's responsibility to correct non -conforming Work discovered after final payment or to satisfy other requirements, if any, which extend beyond final payment. ARTICLE 6 DISPUTE RESOLUTION § 6.1 The parties appoint the following individual to serve as a Neutral pursuant to Section A.4.2 of Exhibit A, Terns and Conditions: (Insert the name, address and other information of the individual to serve as a Neutral. If the parties do not select it Neutral, then the provisions of Section A.4.2.2 of Exhibit A, Terms and Conditions, shall opplvj § 6.2 If the parties do not resolve their dispute through mediation pursuant to Section A.4.3 of Exhibit A, Terms and Conditions, the method of binding dispute resolution shall be the following: (If the parties do not select a method of binding dispute resolution, then the method of binding dispute resolution shall be by litigation in a court of competent jurisdiction.) (Check one.) [ ] Arbitration pursuant to Section AAA of Exhibit A, Terms and Conditions [ ] Litigation in a court of competent jurisdiction [ X ] Other (Specify) N/A § 6.3.1 If Arbitration is se ecte-method of binding dispute resolution, then any claim. dispute of - other matter in question arising out of or related to this Agreement s to on as rovided in ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 The Architect, other design professionals and consultants engaged by the Design -Builder shall be persons or entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as follows: (Insert name, address, license number, relationship to Design -Builder and other information.) Name and Address License Number Relationship to Other Information Design -Builder Bacon Group Architect 2641 Sunset Point Road Clearwater, Florida Thoma Engineering Engineers 5502 581h Suite 200 Lubbock, Texas 79414 Agnew & Associations Mechanical 3223 S, Loop Engineers Lubbock, Texas 79423 Init. AIA Document A141Im — 2004. Copyright 0 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, B may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:40:15 on 07/2512007 under Order No. 1 000312093_1 which expires on 7/17/2008, and is not for resale. 7 User Notes: (1849483374) § 7.2 Consultants, if any, engaged directly by the Owner, their professions and responsibilities are listed below: (Insert name, address, license number, if applicable, and responsibilities to Owner and otter in formation.) Name and Address License Number Responsibilities Other Information to Owner Stiles Wallace & 17012 Act as Citv's Associations representative for 1615 Ave. M the duration of Lubbock, Texas 79401 work on the facility § 7.3 Separate contractors, if any, engaged directly by the Owner, their trades and responsibilities are listed below: (Insert name, address, license number, if applicable, responsibilities to Owner and other information.) Name and Address License Number Responsibilities Other Information to Owner § 7.4 The Owner's Designated Representative is: (Insert name, address and other information.) Ed Stiles Stiles Wallace & Associates 1615 Ave. M Lubbock, Texas 79401 § 7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with respect to the Project. § 7.5 The Design -Builder's Designated Representative is: (Insert name, address and other information.) Jerry Smith, Managing Partner § 7.5.1 The Design -Builder's Designated Representative identified above shall be authorized to act on the Design - Builder's behalf with respect to the Project. § 7.6 Neither the Owner's nor the Design -Builder's Designated Representative shall be changed without ten days written notice to the other party. § 7.7 Other provisions: N/A § 7.7.1 Where reference is made in this Agreement to a provision of another Design -Build Document, the reference refers to that provision as amended or supplemented by other provisions of the Design -Build Documents. the rate stated be o� , Bence thereof, at the lega�rate evailing from time to time athhe place where the Project is located. (Insert rate of interest agreed upon, if, an��. ) Init. AIA Document A141TM' — 2004. Copyright © 2004 by The American Institute of Architecls. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced /00 by AIA software at 11:40:15 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1849483374) (Usury krivs and requirements under the Federal Trwh in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Design -Builder's principal places gFbusiness, the location of the Project and elsewhere nna'v affect the validity (/f this provision. Legal advice should be obtained with respect to deletions or- modiftcations, and also regarding requirements such as written disclosures or waivers.) ARTICLE 8 ENUMERATION OF THE DESIGN -BUILD DOCUMENTS § 8.1 The Design -Build Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: Qualification Statement, Sample Plans & Specifictions, Request for Proposal § 8.1.1 The Agreement is this executed edition of the Standard Form of Agreement Between Owner and Design - Builder, AIA Document A141-2004. § 8.1.2 The Supplementary and other Conditions of the Agreement, if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Supplementary and Other Conditions exhibit: (Table deleted) § 8.1.3 The Project Criteria, including changes to the Project Criteria proposed by the Design -Builder, if any, and accepted by the Owner, consist of the following: (Either list applicable documents and their dates below or refer to an exhibit attached to this Agreement.) Title of the Project Criteria exhibit: RFQ 07-002-VK, Section VI Design Build Services overview, RFQ 07-002- VK Attachment "A" guidelines for design, and Humane Society of the United States Guidelines. (Table deleted) § 8.1.4 The Design -Builder's Proposal, dated 1-29-07, 3-3-07, 5-22-07 , consists of the following: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Design -Builder's Proposal: Animal Shelter & Adoption Center, RFQ 07-002-VK (the "RFQ" incorporated herein as if fully set forth. In cases wherein the terms of the RFQ and this agreement conflict, the provisions of the RFQ shall prevail. § 8.1.5 Amendments to the Design -Builder's Proposal, if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Amendments to Design -Builder's Proposal exhibit: N/A § 8.1.6 The Addenda, if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Addenda exhibit: N/A (Table deleted) § 8.1.7 Exhibit A, Terms and Conditions. (If the parties agree to substitute terms and conditions other than those contained in AIA Document A 141-2004, Exhibit A, Terms and Conditions, then identify such terms and conditions and attach to this Agreement as Exhibit A.) Supplemental Definitions as Exhibit D in addition to the basic definitions listed in Article A.1.1 of Exhibit A. § 8.1.8 Exhibit B, Determination of the Cost of the Work, if applicable. (If the parties agree to substitute a method to determine the cost of the t-Vork other than that contained in AIA Document A141-2004, Exhibit B, Determination of the Cost of the llVork, then identify such other method to detennine the cost of the lVork and attach to this Agreement as Exhibit B. If the Contract Stan is a Stipulated Stun, then Exhibit B is not applicable.) § 8.1.9 Exhibit C, Insurance and Bonds, if applicable. (Complete AIA Docuunew A141-2004, Exhibit C, Insurance and Bonds or indicate "not applicable. ") Init. AIA Document A141TM — 2004. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of 1% 10 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:40:15 on 07/2512007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1849483374) § 8.1.10 Other documents, if any, forming part of the Design -Build Documents are as follows: (Either list applicable documents below or re%r to an e.thibit attached to tliis Agreement.) Title of the Other Documents exhibit: Exhibit A, Exhibit 13. Exhibit C. and Exhibit D. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one ' to e delivered o he Design -Builder and one to the Owner. OWNER (Signatn e) DESIG -BUILD R (Signatw-e) David A. Miller, Mayor Tim Minnix, Owner (Printed name and title) (Printed name and title) =cre't;aryn M,�.5 Mj'lt" Scott Snider Assistant City Vnager / Cam unity Servicos JAPPROVE AS i 0 FORT: t ��J t r 1 Init. AIA Document A141T11— 2004. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:40:15 on 07/25/2007 under Order No.1000312093_1 which expires on 7117/2008, and is not for resale. User Notes: (1849483374) Resolution No. 2007—RO318 'w-,AIA ,il.- D• 114 Exhibit Terms and Conditions for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: The author of this document has Animal Shelter & Adoption Center, RFQ 07-002-V K, Lubbock, Texas added information needed for its Lubbock, Texas completion. The author may also have revised the text of the original THE OWNER: AIA standard form. An Additions and (Name and location) Detetions Report that notes added The City of Lubbock information as well as revisions to PO Box 2000 the standard form text is available Lubbock, Texas 79457 from the author and should be reviewed. A vertical line in the left margin of this document indicates THE DESIGN -BUILDER: where the author has added (Name and location) necessary information and where the author has added to or deleted Minnix Commercial Partners Ltd. from the original AIA text. PO Box 64895 This document has important legal Lubbock, Texas 79464 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. AIA Document A1411" - 2004 Exhibit A. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) TABLE OF ARTICLES A.1 GENERAL PROVISIONS A.2 OWNER A.3 DESIGN -BUILDER AA DISPUTE RESOLUTION A.5 AWARD OF CONTRACTS A.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS A.7 CHANGES IN THE WORK A.8 TIME A.9 PAYMENTS AND COMPLETION A.10 PROTECTION OF PERSONS AND PROPERTY A.11 INSURANCE AND BONDS A.12 UNCOVERING AND CORRECTION OF WORK A.13 MISCELLANEOUS PROVISIONS A.14 TERMINATION OR SUSPENSION OF THE DESIGN -BUILD CONTRACT Init. - "' "rr"a"` `"" "r -. ^"'�"�41 ' imnulc vl wnRcuJ. — l ltJuW I...1 YYi4rnm nVU: n rus RIA uocumem is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, 2 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7117/2008, and is not for resale. User Notes: (2090903869) ARTICLE A.1 GENERAL PROVISIONS § A.1.1 BASIC DEFINITIONS § A.1.1.1 THE DESIGN -BUILD DOCUMENTS The Design -Build Documents are identified in Section L I of the AL)reement. § A.1.1.2 PROJECT CRITERIA The Project Criteria are identified in Section 8.1.3 of the Agreement and may describe the character, scope, relationships, forms, size and appearance of the Project, materials and systems and, in general, their quality levels, performance standards, requirements or criteria, and major equipment layouts. § A.1.1.3 ARCHITECT The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and having a direct contract with the Design -Builder to perform design services for all or a portion of the Work, and is referred to throughout the Design -Build Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. § A.1.1.4 CONTRACTOR A Contractor is a person or entity, other than the Architect, that has a direct contract with the Design -Builder to perform all or a portion of the construction required in connection with the Work. The term "Contractor" is referred to throughout the Design -Build Documents as if singular in number and means a Contractor or an authorized representative of the Contractor. The term "Contractor" does not include a separate contractor, as defined in Section A.6.1.2, or subcontractors of a separate contractor. § A.1.1.5 SUBCONTRACTOR A Subcontractor is a person or entity who has a direct contract with a Contractor to perform a portion of the construction required in connection with the Work at the site. The term "Subcontractor" is referred to throughout the Design -Build Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. § A.1.1.6 THE WORK The term "Work" means the design, construction and services required by the Design -Build Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Design -Builder to fulfill the Design -Builder's obligations. The Work may constitute the whole or a part of the Project. § A.1.1.7 THE PROJECT The Project is the total design and construction of which the Work performed under the Design -Build Documents may be the whole or a part, and which may include design and construction by the Owner or by separate contractors. u iv uua appointed by the parties to decide Claims and disputes pursuant'to Section A.4.2.1. N/A § A.1.2 COMPLIANCE WITH APPLICABLE LAWS § A.1.2.1 If the Design -Builder believes that implementation of any instruction received from the Owner would cause a violation of any applicable law, statute, ordinance, building code, rule or regulation, the Design -Builder shall notify the Owner in writing. Neither the Design -Builder nor any Contractor or Architect shall be obligated to perform any act which they believe will violate any applicable law, ordinance, rule or regulation. All aspects of this agreement shall comply with the provisions of chapters of the Texas Local Government Code. § A.1.2.2 The Design -Builder shall be entitled to rely on the completeness and accuracy of the information contained in the Project Criteria, but not that such information complies with applicable laws, regulations and codes, which shall be the obligation of the Design -Builder to determine. In the event that a specific requirement of the Project Criteria conflicts with applicable laws, regulations and codes, the Design -Builder shall furnish Work which complies with such laws, regulations and codes. In such case, the Owner shall issue a Change Order, in so much as said change order is in compliance with Chapters _252.048_ of the Texas Local Government Code, to the Design - Builder unless the Design -Builder recognized such non-compliance prior to execution of this Agreement and failed to notify the Owner. AIA Document A141 TM - 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced /Iby AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.1.3 CAPITALIZATION § A.1.3.1 Terms capitalized in these Terms and Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to sections in the document, or (3) the titles of other documents published by the American I nstitute of Architects. § A.1.4 INTERPRETATION § A.1.4.1 In the interest of brevity, the Design -Build Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § A.1.4.2 Unless otherwise stated in the Design -Build Documents, words which have well-known technical or construction industry meanings are used in the Design -Build Documents in accordance with such recognized meanings. § A.1.5 EXECUTION OF THE DESIGN -BUILD DOCUMENTS § A.1.5.1 The Design -Build Documents shall be signed by the Owner and Design -Builder. § A.1.5.2 Execution of the Design -Build Contract by the Design -Builder is a representation that the Design -Builder has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Design -Build Documents. § A.1.6 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA § A.1.6.1 Drawings, specifications, and other documents including those in electronic form, prepared by the Architect and furnished by the Design -Builder are Instruments of Service. The Design -Builder, Design -Builder's Architect and other providers of professional services individually shall retain all common law, statutory and other reserved rights, including copyright in those Instruments of Services furnished by them. Drawings, specifications, and other documents and materials and electronic data are furnished for use solely with respect to this Project. § A.1.6.2 Upon execution of the Design -Build Contract, the Design -Builder grants to the Owner a non-exclusive license to reproduce and use the Instruments of Service solely in connection with the Project, including the Project's further development by the Owner and others retained by the Owner for such purposes, provided that the Owner shall comply with all obligations, including prompt payment of sums when due, under the Design -Build Documents. Subject to the Owner's compliance with such obligations, such license shall extend to those parties retained by the Owner for such purposes, including other design professionals. The Design -Builder shall obtain similar non- exclusive licenses from its design professionals, including the Architect. The Owner shall not otherwise assign or transfer any license herein to another party without prior written agreement of the Design -Builder. Any unauthorized reproduction or use of the Instruments of Service by the Owner or others shall be at the Owner's sole risk and expense without liability to the Design -Builder and its design professionals. Except as provided in Section A.1.6.4, termination of this Agreement prior to completion of the Design -Builder's services to be performed under this Agreement shall terminate this license. § A.1.6.3 Prior to any electronic exchange by the parties of the Instruments of Service or any other documents or materials to be provided by one party to the other, the Owner and the Design -Builder shall agree in writing on the specific conditions governing the format thereof, including any special limitations or licenses not otherwise provided in the Design -Build Documents. § A.1.6.4 If this Agreement is terminated for any reason other than the default of the Owner, each of the Design - Builder's design professionals, including the Architect, shall be contractually required to convey to the Owner a non-exclusive license to use that design professional's Instruments of Service for the completion, use and maintenance of the Project, conditioned upon the Owner's written notice to that design professional of the Own ' assumption of the Design -Builder's contractual duties and obligations to that design professional and payment to that design professional of all amounts due to that design professional and its consultants.1 -rfre 61.9met assume the remaining duties and obligations of the Design -Builder to the igR-pnrfesio'nal under this Agreement, then the Owner shall indemnify and hold ha dtattf de ign pr feo ssional from all claims and any expense, includin leg eslgn professional shall thereafter incur by reason of the Owner's use of such The Design -Builder shall incorporate the requirements of this Section A.1.6.4 in all agreements with its design professionals. AIA Document A141 *M — 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This AIR® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, 4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / � by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.1.6.5 Submission or clistribution of the Design -Builder's documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved in Section A.1.6. I. ARTICLE A.2 OWNER § A.2.1 GENERAL § A.2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as it'singular in number. The term "Owner" means the Owner or the Owner's authorized representative. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all Project matters requiring the Owner's approval or authorization. The Owner shall render decisions in a timely manner and in accordance with the Design -Builder's schedule submitted to the Owner. § A.2.1.2 The Owner shall furnish to the Design -Builder within 15 clays after receipt of a written request information necessary and relevant for the Design -Builder to evaluate, give notice of or enforce any rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located. usually referred to as the site, and the Owner's interest therein. In no event shall Design -Builder or any contractor or subcontractor thereof, allow, permit or place any lien of - mechanic's lien on any property of the Owner. § A.2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § A.2.2.1 Information or services required of the Owner by the Design -Build Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Design -Builder's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Design -Builder of a written request for such information or services. § A.2.2.2 The Owner shall be responsible to provide surveys, if not required by the Design -Build Documents to be provided by the Design -Builder, describing physical characteristics, legal limitations, and utility locations for the site of this Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restriction, boundaries, and contours of the site; locations, dimensions, and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § A.2.2.3 The Owner shall provide, to the extent available to the Owner and if not required by the Design -Build Documents to be provided by the Design -Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems, chemical, air and water pollution, hazardous materials or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. § A.2.2.4 The Owner may obtain independent review of the Design -Builder's design, construction and other documents by a separate architect, engineer, and contractor or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Work. § A.2.2.5 The Owner shall cooperate with the Design -Builder in securing building and other permits, licenses and inspections. The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the cost of such fees is excluded from the responsibility of the Design -Builder under the Design -Build Documents. § A.2.2.6 The services, information, surveys and reports required to be provided by the Owner under Section A.2.2, shall be furnished at the Owner's expense, and the Design -Builder shall be entitled to rely upon the accuracy and completeness thereof, except as otherwise specifically provided in the Design -Build Documents or to the extent the Owner advises the Design -Builder to the contrary in writing. § A.2.2.7 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non -conformity with the Design -Build Documents, the Owner shall give prompt written notice thereof to the Design -Builder. AIA Document A141Im - 2004 Exhibit A. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document (nit. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.2.2.8 The Owner shall, at the request of the Design -Builder, prior to execution of the Design -Build Contract and promptly upon request thereafter, fu-nish to the Design -Builder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Design -Build Documents. §_A.2.2.9 The Owner shall communicate through the Design -Builder with persons or entities employed or retained by the Design -Builder, unless otherwise directed by the Design -Builder. § A.2.2.10 The Owner shall furnish the services of geotechnical engineers or other consultants, if not required by the Design -Build Documents to be provided by the Design -Builder, for subsoil, air and water conditions when such services are deemed reasonably necessary by the Design -Builder to properly carry out the design services provided by the Design -Builder and the Design -Builder's Architect. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations. § A.2.2.11 The Owner shall promptly obtain easements, zoning variances, and legal authorizations regarding site utilization where essential to the execution of the Owner's program. § A.2.3 OWNER REVIEW AND INSPECTION § A.2.3.1 The Owner shall review and approve or take other appropriate action upon the Design -Builder's submittals, including but not limited to design and construction documents, required by the Design -Build Documents, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Design -Build Documents. The Owner's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Design -Builder or separate contractors. Review of such submittals may be conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Design -Builder as required by the Design -Build Documents. § A.2.3.2 Upon review of the design documents, construction documents, or other submittals required by the Design - Build Documents, the Owner shall take one of the following actions: .1 Determine that the documents or submittals are in conformance with the Design -Build Documents and approve them. .2 Determine that the documents or submittals are in conformance with the Design -Build Documents but request changes in the documents or submittals which shall be implemented by a Change in the Work. .3 Determine that the documents or submittals are not in conformity with the Design -Build Documents and reject them. .4 Determine that the documents or submittals are not in conformity with the Design -Build Documents, but accept them by implementing a Change in the Work. .5 Determine that the documents or submittals are not in conformity with the Design -Build Documents, but accept them and request changes in the documents or submittals which shall be implemented by a Change in the Work. § A.2.3.3 The Design -Builder shall submit to the Owner for the Owner's approval, pursuant to Section A.2.3.1, any proposed change or deviation to previously approved documents or submittals. The Owner shall review each proposed change or deviation to previously approved documents or submittals which the Design -Builder submits to the Owner for the Owner's approval with reasonable promptness in accordance with Section A.2.3.1 and shall make one of the determinations described in Section A.2.3.2. § A.2.3.4 Notwithstanding the Owner's responsibility under Section A.2.3.2, the Owner's review and approval of the Design -Builder's documents or submittals shall not relieve the Design -Builder of responsibility for compliance with the Design -Build Documents unless a) the Design -Builder has notified the Owner in writing of the deviation prior to approval by the Owner or, b) the Owner has approved a Change in the Work reflecting any deviations from the requirements of the Design -Build Documents. AIA Document A141 TM — 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, 6 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. j User Notes: (2090903869) § A.2.3.5 The Owner may visit the site to keep informed about the progress and quality of the portion of the Work completed. However, the Owner shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. Visits by the Owner shall not be construed to create an obligation on the part of the Owner to make on -site inspections to check the quantity or quality of the Work. The Owner shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Design -Builder's rights and responsibilities under the Design -Build Documents, except as provided in Section A.3.3.7. § A.2.3.6 The Owner shall not be responsible for the Design -Builder's failure to perform the Work in accordance with the requirements of the Design -Build Documents. The Owner shall not have control over or charge of and will not be responsible for acts or omissions of the Design -Builder, Architect, Contractors, or their agents or employees, or any other persons or entities performing portions of the Work for the Design -Builder. § A.2.3.7 The Owner may reject Work that does not conform to the Design -Build Documents. Whenever the Owner considers it necessary or advisable, the Owner shall have authority to require inspection or testing of the Work in accordance with Section A.13.5.2, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the Design -Builder, the Architect, Contractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § A.2.3.8 The Owner may appoint an on -site project representative to observe the Work and to have such other responsibilities as the Owner and the Design -Builder agree to in writing. § A.2.3.9 The Owner shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. § A.2.4 OWNER'S RIGHT TO STOP WORK § A.2.4.1 If the Design -Builder fails to correct Work which is not in accordance with the requirements of the Design - Build Documents as required by Section A.12.2 or persistently fails to carry out Work in accordance with the Design -Build Documents, the Owner may issue a written order to the Design -Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design -Builder or any other person or entity, except to the extent required by Section A.6.1.3. § A.2.5 OWNER'S RIGHT TO CARRY OUT THE WORK § A.2.5.1 If the Design -Builder defaults or neglects to carry out the Work in accordance with the Design -Build Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven -clay period give the Design -Builder a second written notice to correct such deficiencies within a three-day period. If the Design -Builder within such three -clay period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design -Builder the reasonable cost of correcting such deficiencies. Said change order shall be issued in compliance with State Law. If payments due the Design -Builder are not sufficient to cover such amounts, the Design -Builder shall pay the difference to the Owner. ARTICLE A.3 DESIGN -BUILDER § A.3.1 GENERAL § A.3.1.1 The Design -Builder is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as if singular in number. The Design -Builder may be an architect or other design professional, a construction contractor, a real estate developer or any other person or entity legally permitted to do business as a design -builder in the location where the Project is located. The term "Design -Builder" means the Design -Builder or the Design -Builder's authorized representative. The Design -Builder's representative is authorized to act on the Design -Builder's behalf with respect to the Project. § A.3.1.2 The Design -Builder shall perform the Work in accordance with the Design -Build Documents. AIA Document A141 T" — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.3.2 DESIGN SERVICES AND RESPONSIBILITIES § A.3.2.1 When applicable law requires that services be performed by licensed professionals, the Design -Builder shall provide those services through the performance of qualified persons or entities duly licensed to practice their professions. The Owner understands and agrees that the services performed by the Design -Builder's Architect and the Design -Builder's other design professionals and consultants are undertaken and performed in the sole interest of and for the exclusive benefit of the Design -Builder. § A.3.2.2 The agreements between the Design -Builder and Architect or other design professionals identified in the Agreement, and in any subsequent Modifications, shall be in wriunLi. These agreements, including services and financial arrangements with respect to this Project, shall be promptly and fully disclosed to the Owner upon the Owner's written request. § A.3.2.3 The Design -Builder shall be responsible to the Owner for acts and omissions of the Design -Builder's employees, Architect, Contractors, Subcontractors and their agents and employees, and other persons or entities, including the Architect and other design professionals, performing any portion of the Design -Builder's obligations under the Design -Build Documents. y § A.3.2.4 The Design -Builder shall carefully study and compare the Design -Build Documents, materials and other information provided by the Owner pursuant to Section A.2.2, shall take field measurements of any existing conditions related to the Work, shall observe any conditions at the site affecting the Work, and report promptly to the Owner any errors, inconsistencies or omissions discovered. § A.3.2.5 The Design -Builder shall provide to the Owner for Owner's written approval design documents sufficient to establish the size, quality and character of the Project; its architectural, structural, mechanical and electrical systems; and the materials and such other elements of the Project to the extent required by the Design -Build Documents. Deviations, if any, from the Design -Build Documents shall be disclosed in writing. § A.3.2.6 Upon the Owner's written approval of the design documents submitted by the Design -Builder, the Design - Builder shall provide construction documents for review and written approval by the Owner. The construction documents shall set forth in detail the requirements for construction of the Project. The construction documents shall include drawings and specifications that establish the quality levels of materials and systems required. Deviations, if any, from the Design -Build Documents shall be disclosed in writing. Construction documents may include drawings, specifications, and other documents and electronic data setting forth in detail the requirements for construction of the Work, and shall: .1 be consistent with the approved design documents; .2 provide information for the use of those in the building trades; and .3 include documents customarily required for regulatory agency approvals. § A.3.2.7 The Design -Builder shall meet with the Owner periodically to review progress of the design and construction documents. § A.3.2.8 Upon the Owner's written approval of construction documents, the Design -Builder, with the assistance of the Owner, shall prepare and file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. § A.3.2.9 The Design -Builder shall obtain from each of the Design -Builder's professionals and furnish to the Owner certifications with respect to the documents and services provided by such professionals (a) that, to the best of their knowledge, information and belief, the documents or services to which such certifications relate (i) are consistent with the Project Criteria set forth in the Design -Build Documents, except to the extent specifically identified in such certificate, (ii) comply with applicable professional practice standards, and (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications. § A.3.2.10 If the Owner requests the Design -Builder, the Architect or the Design -Builder's other design professionals to execute certificates other than those required by Section A.3.2.9, the proposed language of such certificates shall AIA Document A141 TM — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of it, 8 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) be submitted to the Design -Builder, or the Architect and such design professionals through the Design -Builder, for review and negotiation at least 14 days prior to the requested dates of execution. Neither the Design -Builder, the Architect nor such other design professionals shall be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of their respective agreements with the Owner or Design -Builder. § A.3.3 CONSTRUCTION § A.3.3.1 The Design -Builder shall perform no construction Work prior to the Owner's review and approval of the design and construction documents. The Design -Builder shall perform no portion of the Work for which the Design - Build Documents require the Owner's review of submittals, such as Shop Drawings, Product Data and Samples, until the Owner has approved each submittal. § A.3.3.2 The construction Work shall be in accordance with approved submittals, except that the Design -Builder shall not be relieved of responsibility for deviations from requirements of the Design -Build Documents by the Owner's approval of design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or other submittals unless the Design -Builder has specifically informed the Owner in writing of such deviation at the time of submittal and (1) the Owner has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued in compliance with State Law authorizing the deviation. The Design -Builder shall not be relieved of responsibility for errors or omissions in design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or other submittals by the Owner's approval thereof. § A.3.3.3 The Design -Builder shall direct specific attention, in writing or on resubmitted design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Owner on previous submittals. In the absence of such written notice, the Owner's approval of a resubmission shall not apply to such revisions. § A.3.3.4 When the Design -Build Documents require that a Contractor provide professional design services or certifications related to systems, materials or equipment, or when the Design -Builder in its discretion provides such design services or certifications through a Contractor, the Design -Builder shall cause professional design services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professionals, if prepared by others, shall bear such design professional's written approval. The Owner shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § A.3.3.5 The Design -Builder shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Design -Build Documents. § A.3.3.6 The Design -Builder shall keep the Owner informed of the progress and quality of the Work. § A.3.3.7 The Design -Builder shall be responsible for the supervision and direction of the Work, using the Design - Builder's best skill and attention. If the Design -Build Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Design -Builder shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Design -Builder determines that such means, methods, techniques, sequences or procedures may not be safe, the Design -Builder shall give timely written notice to the Owner and shall not proceed with that portion of the Work without further written instructions from the Owner. § A.3.3.8 The Design -Builder shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § A.3.4 LABOR AND MATERIALS § A.3.4.1 Unless otherwise provided in the Design -Build Documents, the Design -Builder shall provide or cause to be provided and shall pay for design services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and AIA Document A1411m — 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It 9 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § A.3.4.2 When a material is specified in the Design -Build Documents, the Design -Builder may make substitutions only with the consent of the Owner and, if appropriate, in accordance with a Change Order I compliance with State Law. § A.3.4.3 The Design -Builder shall enforce strict discipline and good order among the Design -Builder's employees and other persons carrying out the Design -Build Contract. The Design -Builder shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § A.3.5 WARRANTY § A.3.5.1 The Design -Builder warrants to the Owner that materials and equipment furnished under the Design -Build Documents will be of good quality and new unless otherwise required or permitted by the Design -Build Documents, that the Work will be free from defects not inherent in the quality required or permitted by law or otherwise, and that the Work will conform to the requirements of the Design -Build Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Design -Builder's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Design -Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Design -Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § A.3.6 TAXES § A.3.6.1 The Design -Builder shall pay all sales, consumer, use and similar taxes for the Work provided by the Design -Builder which had been legally enacted on the date of the Agreement, whether or not yet effective or merely scheduled to go into effect. § A.3.7 PERMITS, FEES AND NOTICES § A.3.7.1 The Design -Builder shall secure and pay for building and other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of the Design -Build Contract and which were legally required on the date the Owner accepted the Design - Builder's proposal. § A.3.7.2 The Design -Builder shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. § A.3.7.3 It is the Design -Builder's responsibility to ascertain that the Work is in accordance with applicable laws, ordinances, codes, rules and regulations. § A.3.7.4 If the Design -Builder performs Work contrary to applicable laws, ordinances, codes, rules and regulations, the Design -Builder shall assume responsibility for such Work and shall bear the costs attributable to correction. § A.3.8 ALLOWANCES § A.3.8.1 The Design -Builder shall include in the Contract Sum all allowances stated in the Design -Build Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Design -Builder shall not be required to employ persons or entities to which the Design - Builder has reasonable objection. § A.3.8.2 Unless otherwise provided in the Design -Build Documents: .1 allowances shall cover the cost to the Design -Builder of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Design -Builder's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and 3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order and only in amounts and in accordance with State Law.. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section A.3.8.2.1 AIA Document A141 Im — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 10 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/1712008, and is not for resale. User Notes: (2090903869) and (2) changes in Design -Builder's costs under Section A.3.8.2.2. and be permitted only in the amounts and in accordance with State Law, in compliance with with state law. § A.3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. § A.3.9 DESIGN -BUILDER'S SCHEDULE § A.3.9.1 The Design -Builder, promptly after execution of the Design -Build Contract, shall prepare and submit for the Owner's information the Design -Builder's schedule for the Work. The schedule shall not exceed time limits and shall be in such detail as required under the Design -Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design -Build Documents, shall provide for expeditious and practicable execution of the Work and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. § A.3.9.2 The Design -Builder shall prepare and keep current a schedule of submittals required by the Design -Build Documents. § A.3.9.3 The Design -Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. § A.3.10 DOCUMENTS AND SAMPLES AT THE SITE § A.3.10.1 The Design -Builder shall maintain at the site for the Owner one record copy of the drawings, specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be delivered to the Owner upon completion of the Work. § A.3.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § A.3.11.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Design -Builder or a Contractor, Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § A.3.11.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Design -Builder to illustrate materials or equipment for some portion of the Work. § A.3.11.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § A.3.11.4 Shop Drawings, Product Data, Samples and similar submittals are not Design -Build Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Design -Build Documents the way by which the Design -Builder proposes to conform to the Design -Build Documents. § A.3.11.5 The Design -Builder shall review for compliance with the Design -Build Documents and approve and submit to the Owner only those Shop Drawings, Product Data, Samples and similar submittals required by the Design -Build Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § A.3.11.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Design - Builder represents that the Design -Builder has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Design -Build Documents. § A.3.12 USE OF SITE § A.3.12.1 The Design -Builder shall confine operations at the site to areas permitted by law, ordinances, permits and the Design -Build Documents, and shall not unreasonably encumber the site with materials or equipment. (nit. AIA Document A1417m - 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 11 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by A software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.3.13 CUTTING AND PATCHING § A.3.13.1 The Design -Builder shall be responsible for cutting, fitting or patching required to complete the Work or - to make its parts fit together properly. § A.3.13.2 The Design -Builder shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction or by excavation. The Design -Builder shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Design -Builder shall not unreasonably withhold from the Owner or a separate contractor the Design -Builder's consent to cutting or otherwise altering the Work. § A.3.14 CLEANING UP § A.3.14.1 The Design -Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Design -Build Contract. At completion of the Work, the Design - Builder shall remove from and about the Project waste materials, rubbish, the Design -Builder's tools, construction equipment, machinery and surplus materials. § A.3.14.2 If the Design -Builder fails to clean up as provided in the Design -Build Documents, the Owner may do so and the cost thereof shall be charged to the Design -Builder. § A.3.15 ACCESS TO WORK § A.3.15.1 The Design -Builder shall provide the Owner access to the Work in preparation and progress wherever located. § A.3.16 ROYALTIES, PATENTS AND COPYRIGHTS I § A.3.16.1 The Design -Builder shall pay all royalties and license fees. The Design -Builder shall indemnify a d defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner harmless from loss on account thereof; -but of a particular manufacturer or manufacturers is required or where the copyright vi ontamed in drawings, specifications or other documents prepared bj2Lfurniihed e Design -Builder by the Owner. However, if the Design -Builder has reason to e required design, process or product is an infringement of a copyright o -Design shalt be responsible for such loss unless such information is promptly § A.3.17 INDEMNIFICATION § A.3.17.1 To the fullest extent permitted by law, the Design -Builder shall indemnify and hold harmless t Own r, Owner's consultants, and agents and employees of any of them from and against any and all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work and the terms of the Agreement, , sickness, disease or death or to injury to or destruction of tangible pro�Architect,a or itself, but only to the extent caused by the negligent acts or omission w deontractor, a Subcontractor, anyone directly or i❑dise�tky emRsl yec by them or anyone for whose y liable, regardless of whether r Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section A.3.17. § A.3.17.2 In claims against any person or entity indemnified under this Section A.3.17 by an employee of the Design -Builder, the Architect, a Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section A.3.17.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Design -Builder, the Architect or a Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. AIA Document A141TM — 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document [nit. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 12 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) ARTICLE A.4 DISPUTE RESOLUTION § A.4.1 CLAIMS AND DISPUTES § A.4.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Design -Build Contract terms, payment of money, extension of time or other relief with respect to the terms of the Design -Build Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Design -Builder arising out of or relating to the Design -Build Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. § A.4.1.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the other party. § A.4.1.3 Continuing Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section A.9.7.1 and Article A.14, the Design -Builder shall proceed diligently with performance of the Design -Build Contract and the Owner shall continue to make payments in accordance with the Design -Build Documents. § A.4.1.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design - Build Documents or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design -Build Documents, then the observing party shall give notice to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design - Builder's cost of, or time required for, performance of any part of the Work, shall negotiate with the Design -Builder an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design -Build Documents and that no change in the terms of the Design -Build Contract is justified, the Owner shall so notify the Design -Builder in writing, stating the reasons. Claims by the Design -Builder in opposition to such determination must be made within 21 days after the Owner has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Design -Builder cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall proceed pursuant to Section A.4.2. , cc § A.4.1.6 If the Design -Builder believes additional cost is involved for reasons including but not limited to (1) an order by the Owner to stop the Work where the Design -Builder was not at fault, (2) a written order for the Work issued by the Owner, (3) failure of payment by the Owner, (4) termination of the Design -Build Contract by the Owner, (5) Owner's suspension or (6) other reasonable grounds, Claim shall be filed in accordance with this Section A.4.1. § A.4.1.7 Claims for Additional Time § A.4.1.7.1 If the Design -Builder wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Design -Builder's Claim shall include an estimate of the time and its effect on the progress of the Work. In the case of a continuing delay, only one Claim is necessary. § A.4.1.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § A.4.1.8 Injury or Damage to Person or Property. If either party to the Design -Build Contract suffers injury or damage to person or property because of an act or omission of the other party or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. AIA Document A141T"' — 2004 Exhibit A. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document (nit. Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 13 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.4.1.9 If unit prices are stated in the Design -Build Documents or subsequently agreed upon, and if quantities originally contemplated are materially chang_=ed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner of - Design -Builder, the applicable unit prices shall be equitably adjusted. _ ,,j consequen ' anlages arising out of or relating to the Design -Build Contact. This mutual waiver includes: 1 daina curred by the Owner for rental expenses, for losses of use, income, profit, financing, business and re on, and for loss of management or employee productivity or of the services of such persons; and 2 damages incurred by the Design u' e1 for principal office expenses including the compensation of personnel stationed there, for losses of financt _, usiness and reputation, and for loss of profit except anticipated profit arising directly from the Wor-. This mutual waiver is applicable, without limitation, to all consequential damages due to either arty's termination in accordance with Article A.M. Nothing contained in this Section AA.1.10 shall be deemed to prec n award of § A.4.1.11 If the enactment or revision of codes, laws or regulations or official interpretations which govern the Project cause an increase or decrease of the Design -Builder's cost of, or time required for, performance of the Work, the Design -Builder shall be entitled to an equitable adjustment in Contract Sum or Contract Time. If the Owner and Design -Builder cannot agree upon an adjustment in the Contract Sum or Contact Time, the Design -Builder shall submit a Claim pursuant to Section A.4.1. § A. 1 Decision by Neutral. If the parties have identified a Neutral in Section 6.1 of the Agr5t o�where in the Dest., -Build Documents, then Claims, excluding those arising under Sections A.10.3 through A.10.5, shall be referred init to the Neutral for decision. An initial decision by the Neutral shall be required as a condition precedent to me ' tion of all Claims between the Owner and Design -Builder arising prior to the date final payment is due, unless 30 da lave passed after the Claim has been referred to the Neutral with no decision having been rendered by the Neutra . nless the Neutral and all affected parties agree, the Neutral will not decide disputes between the to d persons or entities other than the Owner. § A.4.2.2 Decision by Owner. If the phrqQes have not identified a Neutral in Section 6.1 of the Agreement or elsewhere in the Design -Build Documents then, ex t for those claims arising under Sections A.10.3 and A.10.5, the Owner shall provide an initial decision. An initial ision by the Owner shall be required as a condition precedent to mediation of all Claims between the Owner an esign-Builder arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referr to the Owner with no decision having been rendered by the Owner. § A.4.2.3 The initial decision pursuant to Sections A.4.2.1 and AN,2.2 shall be in writing, shall state the reasons therefore and shall notify the parties of any change in the Contract n or Contract Time or both. The initial decision shall be final and binding on the parties but subject first to nil' tion under Section A.4.3 and thereafter to such other dispute resolution methods as provided in Section 6.2 of the AggrbcKt or elsewhere in the Design -Build Documents. § A.4.2.4 In the event of a Claim against the Design -Builder, the Owner may, but is not igated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility o esign-Builder's default, the Owner may, but is not obligated to, notify the surety and request the surety's assista a in resolving the controversy. § A.4.2.5 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proc d in accordance with applicable law to comply with the lien notice or filing deadlines prior to initial resolution of th AIA Document A141 TM — 2004 Exhibit A. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document (nit. is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, 14 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. LA User Notes: (2090903869) § 4.3.1 Any Claim arising out of or related to the Design -Build Contract, except those waived a"rovi( for in Secti ns A.4.1.10, A.9.10.4 and A.9.10.5. shall, after initial decision of the Claim or 30 days after submission of the Claim r initial decision, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable . other binding dispute resolution proceedings by either party. § A.4.3.2 The pp ties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall b in accordance with the Construction Industry Mediation Rules of the American Arbitration Association current in effect at the time of the mediation. Request for mediation shall be filed in writing with the other party to the Desi -Build Contract and with the American Arbitration Association. The request may be made concurrently with the fih a of a demand for arbitration or other binding dispute resolution proceedings but, in such event, mediation shall proc d in advance thereof or of legal or equitable proceedings, which shall be stayed pending mediation for a perioc°i.,of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § A.4.3.3 The parties shall share the ni iator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unles. another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlemei agreements in any court having jurisdiction thereof. § AAA ARBITRATION § A.4.4.1 Claims, except those waived as provided r in Sections A.4.1.10, A.9.10.4 and A.9.10.5, for which initial decisions have not become final and binding, and wh' h have not been resolved by mediation but which are subject to arbitration pursuant to Sections 6.2 and 6.3 of the Ag ement or elsewhere in the Design -Build Documents, shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arr tration Association currently in effect at the time of the arbitration. The demand for arbitration shall be filed in writ g with the other party to the Design -Build Contract and with the American Arbitration Association. § A.4.4.2 A demand for arbitration may be made no earlier than concurs ntly with the filing of a request for mediation, but in no event shall it be made after the date when institution f legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as deters ined pursuant to Section A.13.6. § A.4.4.3 An arbitration pursuant to this Section AAA may be joined with an arbi • tion involving common issues of law or fact between the Owner or Design -Builder and any person or entity with wh n the Owner or Design -Builder has a contractual obligation to arbitrate disputes which does not prohibit consolidation r joinder. No other arbitration arising out of or relating to the Design -Build Contract shall include, by conso ' ation, joinder or in any other manner, an additional person or entity not a party to the Design -Build Contract or no party to an agreement with the Owner or Design -Builder, except by written consent containing a specific reference t the Design -Build Contract signed by the Owner and Design -Builder and any other person or entities sought to beJ tried. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any laim, dispute or other matter in question not described in the written consent or with a person or entity not named or cribed therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional persoi r entity duly consented to by the parties to the Agreement shall be specifically enforceable in accordance with app ' able law in any court having jurisdiction thereof. § A.4.4.4 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in t § . f. ARTICLE A.5 AWARD OF CONTRACTS § A.5.1 Unless otherwise stated in the Design -Build Documents or the bidding or proposal requirements, the Design - Builder, as soon as practicable after award of the Design -Build Contract, shall furnish in writing to the Owner the names of additional persons or entities not originally included in the Design -Builder's proposal or in substitution of a person or entity (including those who are to furnish design services or materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner will promptly reply to the Design- Init. AIA Document A141TM — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, 15 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) Builder in writing stating whether or not the Owner has reasonable objection to any such proposed additional person or entity. Failure of the Owner to reply promptly shall constitute notice of no reasonable objection. § A.5.2 The Design -Builder shall not contract with a proposed person or entity to whom which the Owner has made reasonable and timely objection. The Design -Builder shall not be required to contract with anyone to whom the Design -Builder has made reasonable objection. § A.5.3 If the Owner has reasonable objection to a person or entity proposed by the Design -Builder, the Desion- Builder shall propose another to whom the Owner has no reasonable objection. If the proposed but rejected additional person or entity was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order, in compliance with State Law, shall be issued before commencement of the substitute person's or entity's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Desian-Builder has acted promptly and responsively in submitting names as required. § A.5.4 The Design -Builder shall not change a person or entity previously selected if the Owner makes reasonable objection to such substitute. § A.5.5 CONTINGENT ASSIGNMENT OF CONTRACTS § A.5.5.1 Each agreement for a portion of the Work is assigned by the Design -Builder to the Owner provided that: .1 assignment is effective only after termination of the Design -Build Contract by the Owner for cause pursuant to Section A.14.2 and only for those agreements which the Owner accepts by notifying the contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Design -Build Contract. § A.5.5.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Contractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE A.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § A.6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § A.6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction or operations on the site. The Design -Builder shall cooperate with the Owner and separate contractors whose work might interfere with the Design -Builder's Work. If the Design -Builder claims that delay or additional cost is involved because of such action by the Owner, the Design -Builder shall make such Claim as provided in Section A.4.1. § A.6.1.2 The term "separate contractor" shall mean any contractor retained by the Owner pursuant to Section A.6.1.1. § A.6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the work of the Design -Builder, who shall cooperate with them. The Design -Builder shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Design -Builder shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Design -Builder, separate contractors and the Owner until subsequently revised. § A.6.2 MUTUAL RESPONSIBILITY § A.6.2.1 The Design -Builder shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Design -Builder's construction and operations with theirs as required by the Design -Build Documents. § A.6.2.2 If part of the Design -Builder's Work depends for proper execution or results upon design, construction or operations by the Owner or a separate contractor, the Design -Builder shall, prior to proceeding with that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Design -Builder so to report shall constitute AIA Document A141 TM — 2004 Exhibit A. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document (nit. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 16 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Design -Builder's Work. except as to defects not then reasonably discoverable. § A.6.2.3 The Owner shall be reimbursed by the Design -Builder for costs incurred by the Owner which are payable to a separate contractor because of delays. improperly timed activities or defective construction of the Design - Builder. The Owner shall be responsible to the Design -Builder for costs incurred by the Design -Builder because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. § A.6.2.4 The Design -Builder shall promptly remedy damage wrongfully caused by the Design -Builder to completed or partially completed construction or to property of the Owner or separate contractors. § A.6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described in Section A.3.13. § A.6.3 OWNER'S RIGHT TO CLEAN UP § A.6.3.1 If a dispute arises among the Design -Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Owner shall allocate the cost among those responsible. ARTICLE A.7 CHANGES IN THE WORK § A.7.1 GENERAL § A.7.1.1 Changes in the Work may be accomplished after execution of the Design -Build Contract, and without invalidating the Design -Build Contract, by Change Order or Construction Change Directive, subject to the limitations stated in this Article A.7 and elsewhere in the Design -Build Documents and subject to State Law. § A.7.1.2 A Change Order shall be based upon agreement between the Owner and Design -Builder and be in compliance with State Law.. A Construction Change Directive may be issued by the Owner with or without agreement by the Design -Builder. § A.7.1.3 Changes in the Work shall be performed under applicable provisions of the Design -Build Documents, and the Design -Builder shall proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive, or by State Law. § A.7.2 CHANGE ORDERS § A.7.2.1 A Change Order is a written instrument executed in compliance with State Law and signed by the Owner and Design -Builder stating their agreement upon all of the following: 1 a change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. § A.7.2.2 If the Owner requests a proposal for a change in the Work from the Design -Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse the Design -Builder for any costs incurred for estimating services, design services or preparation of proposed revisions to the Design -Build Documents. § A.7.2.3 Methods used in determining adjustments to the Contract Sum may include those listed in Section A.7.3.3. § A.7.3 CONSTRUCTION CHANGE DIRECTIVES § A.7.3.1 A Construction Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Guaranteed Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, issued in accordance with State Law, without invalidating the Design -Build Contract, order changes in the Work within the general scope of the Design -Build Documents consisting of additions, deletions or other revisions, the Guaranteed Contract Sum and Contract Time being adjusted accordingly. § A.7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order, so long as such conforms with State Law. V AIA Document A141 TM — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, 17 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.7.3.3 If the Construction Change Directive provides for an adjustment to the Guaranteed Contract Sum, the adjusunent shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Design -Build Documents or subsequently agreed upon, or equitably adjusted as provided in Section A.4.1.9; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section A.7.3.6. In all evens, any and all such directives shall be issued in conformance with State Law, § A.7.3.4 Upon receipt of a Construction Change Directive, the Design -Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design -Builder's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sun or Contract Time. § A.7.3.5 A Construction Change Directive signed by the Design -Builder indicates the agreement of the Design - Builder therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. All such change orders shall conform to state law. § A.7.3.6 If the Design -Builder does not respond promptly or disagrees with the method for adjustment in the Guaranteed Contract Sum, the method and the adjustment shall be determined by the Owner on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Guaranteed Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Section A.7.3.3.3, the Design -Builder shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Design -Build Documents, costs for the purposes of this Section A.7.3.6 shall be limited to the following: .1 additional costs of professional services; .2 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .3 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .4 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Design - Builder or others; .5 costs of premiums for all bonds and insurance, permit fees, and sales, use of- similar taxes related to the Work; and .6 additional costs of supervision and field office personnel directly attributable to the change. In all events, any adjustments in costs shall be governed by State Law. § A.7.3.7 The amount of credit to be allowed by the Design -Builder to the Owner for a deletion or change that results in a net decrease in the Guaranteed Contract Sum shall be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. in dispute for suci`ehanb the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with pax.¢all of such costs. For any portion of such cost that remains in dispute, the Owner shall make an interim determination for purposes onthly payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change t-stihject to the right of the § A.7.3.9 When the Owner and Design -Builder reach agreement concerning the adjustments in the Guaranteed Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately upon proper execution of Council and shall be recorded by preparation and execution of an appropriate Change Order. § A.7.4 MINOR CHANGES IN THE WORK § A.7.4.1 The Owner shall have authority to order minor changes in the Work not involving adjustment in the Guaranteed Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Design -Build AIA Document A1411m - 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document (nit. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, 18 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced /wop by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) Documents. Such changes shall be effected by written order and shall be binding on the Design -Builder. The Design -Builder shall carry out such written orders promptly. ARTICLE A.8 TIME § A.8.1 DEFINITIONS § A.8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Design -Build Documents for Substantial Completion of the Work. § A.8.1.2 The date of commencement of the Work shall be the date stated in the Agreement unless provision is made for the date to be fixed in a notice to proceed issued by the Owner. § A.8.1.3 The date of Substantial Completion is the date determined by the Owner in accordance with Section A.9.8. § A.8.1.4 The term "day" as used in the Design -Build DOctlfTielltS shall mean calendar day unless otherwise specifically defined. § A.8.2 PROGRESS AND COMPLETION § A.8.2.1 Time limits stated in the Design -Build Documents are of the essence of the Design -Build Contract. By executing the Design -Build Contract, the Design -Builder confirms that the Contract Time is a reasonable period for performing the Work. § A.8.2.2 The Design -Builder shall not I mewingly, except by agreement or instruction of the Owner in writ 0-1 t�y prematurely commence construction operations on the site or elsewhere prior to the effective date of insurance required by Article A.11 to be furnished by the Design -Builder and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. e Design -Build Documents or a notice to proceed given by the Own - r s a 1 notify the Owner in writing not less than five da no efore commencing the Work to permit the timely filing of A.8.2.3 The Design -Builder shall proceed expeditiously with adequate forces and shall achieveIstantial § g P P Y q Completion within the Contract Time. § A.8.3 DELAYS AND EXTENSIONS OF TIME § A.8.3.1 If the Design -Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design -Builder's control, or by delay authorized by the Owner pending resolution of disputes pursuant to the Design -Build Documents, or by other causes which the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. § A.8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section A.4.1.7. § A.8.3.3 This Section A.8.3 does not preclude recovery of damages for delay by either party under other provisions of the Design -Build Documents. ARTICLE A.9 PAYMENTS AND COMPLETION § A.9.1 CONTRACT SUM § A.9.1.1 The Guaranteed Contract Sum is stated in the Design -Build Documents and, including authorized adjustments, is the total amount payable by the Owner to the Design -Builder for performance of the Work under the Design -Build Documents. § A.9.2 SCHEDULE OF VALUES § A.9.2.1 Before the first Application for Payment, where the Contract Sum is based upon a Stipulated Sun or the Cost of the Work plus Contractor's Fee with a Guaranteed Maximum Price, the Design -Builder shall submit to the Owner an initial schedule of values allocated to various portions of the Work prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Design -Builder's Applications for Payment. The schedule of values may AIA Document A141 TM - 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, 19 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) be updated periodically to reflect changes in the allocation of the Contract Sum, so long as such changes conform to State Law. § A.9.3 APPLICATIONS FOR PAYMENT § A.9.3.1 At least ten days before the date established for each progress payment, the Design -Builder shall submit to the Owner an itemized Application for Payment for operations completed in accordance with the current schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Design - Builder's right to payment as the Owner may require, such as copies of requisitions from Contractors and material suppliers, and reflecting retainage if provided for in the Design -Build Documents: Changes in the Work which have been to tc ton range Directives but are not yet § A.9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Design - Builder does not intend to pay to a Contractor or material supplier or other parties providing services for the Design - Builder, unless such Work has been performed by others whom the Design -Builder intends to pay. § A.9.3.2 Unless otherwise provided in the Design -Build Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Design -Builder with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § A.9.3.3 The Design -Builder warrants that title to all Work other than Instruments of Service covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design -Builder further warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Design -Builder's knowledge, information and belief, be free and clear of liens, Claims, security interests or encumbrances in favor of the Design - Builder, Contractors, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § A.9.4 ACKNOWLEDGEMENT OF APPLICATION FOR PAYMENT § A.9.4.1 The Owner shall, within seven days after receipt of the Design -Builder's Application for Payment, issue to the Design -Builder a written acknowledgement of receipt of the Design -Builder's Application for Payment indicating the amount the Owner has determined to be properly due and, if applicable, the reasons for withholding payment in whole or in part. § A.9.5 DECISIONS TO WITHHOLD PAYMENT § A.9.5.1 The Owner may withhold a payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner's determination that the Work has not progressed to the point indicated in the Application for Payment or that the quality of Work is not in accordance with the Design -Build Documents. The Owner may also withhold a payment or, because of subsequently discovered evidence, may nullify the whole or a part of an Application for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design -Builder is responsible, including loss resulting from acts and omissions, because of the following: .1 defective Work not remedied; .2 third -party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Design -Builder; .3 failure of the Design -Builder to make payments properly to Contractors or for design services labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or AIA Document A141TM - 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, 20 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) persistent failure to carry out the Work in accordance with the Design -Build Documents. § A.9.5.2 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. § A.9.6 PROGRESS PAYMENTS § A.9.6.1 After the Owner has issued a written acknowledgement of receipt of the Design -Builder's Application for Payment, the Owner shall make payment of the amount, in the manner and within the time provided in the Design - Build Documents. § A.9.6.2 The Design -Builder shall promptly pay the Architect, each design professional and other consultants retained directly by the Design -Builder, upon receipt of payment from the Owner, out of the amount paid to tile Design -Builder on account of each such party's respective portion of the Work, the amount to which each such party is entitled. § A.9.6.3 The Design -Builder shall promptly pay each Contractor, upon receipt of payment from the Owner, out of the amount paid to the Design -Builder on account of such Contractor's portion of the Work, the amount to which said Contractor is entitled, reflecting percentages actually retained from payments to the Design -Builder on account of the Contractor's portion of the Work. The Design -Builder shall, by appropriate agreement with each Contractor, require each Contractor to make payments to Subcontractors in a similar manner. § A.9.6.4 The Owner shall have no obligation to pay or to see to the payment of money to a Contractor except as may otherwise be required by law. § A.9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections A.9.6.3 and A.9.6.4. § A.9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner, shall not constitute acceptance of Work not in accordance with the Design -Build Documents. § A.9.6.7 Unless the Design -Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design -Builder for Work properly performed by Contractors and suppliers shall b held by the Design -Builder for those Contractors or suppliers who performed Work or furnished materials, or both, SV under contract with the Design -Builder for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not be commingled with money of the Desi il- create any fiduciary liability or tort liability on the part of the De - ac o trust or shall entitle any person or entity to an award against the Design -Builder for breach of the requirements of this § A.9.7 FAILURE OF PAYMENT § A.9.7.1 If for reasons other than those enumerated in Section A.9.5.1, the Owner does not issue a payment within the time period required by Section 5.1.3 of the Agreement, then the Design -Builder may, upon seven additional days' written notice to the Owner, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Design -Builder's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Design -Build Documents. Only in accordance with State Law. § A.9.8 SUBSTANTIAL COMPLETION § A.9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Design -Build Documents so that the Owner can occupy or use the Work or a portion thereof for its intended use. § A.9.8.2 When the Design -Builder considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Design -Builder shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Design -Builder to complete all Work in accordance with the Design -Build Documents. AIA Document A141TM - 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, 21 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.9.8.3 Upon receipt of the Design -Builder's list, the Owner shall make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner's inspection discloses any item, whether or not included on the Design -Builder's list, which is not substantially complete, the Design -Builder shall complete or correct such item. In such case, the Design -Builder shall then submit a request for another inspection by the Owner to determine whether the Design -Builder's Work is substantially complete. § A.9.8.4 In the event of a dispute regarding whether the Design -Builder's Work is substantially complete, the dispute shall be resolved pursuant to Article A.4. § A.9.8.5 When the Work or designated portion thereof is substantially complete, the Design -Builder shall prepare for the Owner's signature an Acknowledgement of Substantial Completion which, when signed by the Owner, shall establish (1) the date of Substantial Completion of the Work, (2) responsibilities between the Owner and Design - Builder for security, maintenance, heat, utilities, damage to the Work and insurance, and (3) the time within which the Design -Builder shall finish all items on the list accompanying the Acknowledgement. When the Owner's inspection discloses that the Work or a designated portion thereof is substantially complete, the Owner shall sign the Acknowledgement of Substantial Completion. Warranties required by the Design -Build Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Acknowledgement of Substantial Completion. § A.9.8.6 Upon execution of the Acknowledgement of Substantial Completion and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Design -Build Documents. § A.9.9 PARTIAL OCCUPANCY OR USE § A.9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design -Builder, provided such occupancy or use is consented to by the insurer, if so required by the insurer, and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design -Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for completion or correction of the Work and commencement of warranties required by the Design -Build Documents. When the Design -Builder considers a portion substantially complete, the Design -Builder shall prepare and submit a list to the Owner as provided under Section A.9.8.2. Consent of the Design -Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design -Builder. § A.9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design -Builder shall jointly inspect the area to be occupied or portion of the Work to be used to determine and record the condition of the Work. § A.9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design -Build Documents. § A.9.10 FINAL COMPLETION AND FINAL PAYMENT § A.9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner shall promptly make such inspection and, when the Owner finds the Work acceptable under the Design -Build Documents and fully performed, the Owner shall, subject to Section A.9.10.2, promptly make final payment to the Design -Builder. § A.9.10.2 Neither final payment nor any remaining retained percentage will become due until the Design -Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design -Build Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Design -Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design -Build Documents, (4) consent of surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and AIA Document A141 T° - 2004 Exhibit A. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AiA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, 22 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093 1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) waivers of liens, claims, security interests or encumbrances arising out of the Design -Build Contract, to the extent and in such form as may be designated by the Owner. If a Contractor refuses to furnish a release or waiver required by the Owner, the Design -Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design -Builder shall refund to the Owner all money that the Owner may be liable to pay in connection with the discharge of such lien, including all costs and reasonable attorneys' fees. § A.9.10.3If, after the Owner determines that the Design -Builder's Work or designated portion thereof is substantially completed, final completion thereof is materially delayed through no fault of the Design -Builder or by issuance of a Change Order or a Construction Change Directive, in accordance with State Law, affecting final completion, the Owner shall, upon 'application by the Design -Builder, make payment of the balance due for that portion of the Work fully completed and accepted, to the extent such payment complies with State Law. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design -Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Design -Builder. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of clainj.�.� .1 liens;--Glai.mE,security interests or encumbrances arising out of the Design -Build Documents and unsettled; .2 failure of the Work to comply with t `ie ,nts of the Design -Build Documents; or § A.9.10.5 Acceptance of final payment by the Design -Builder, a Contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE A.10 PROTECTION OF PERSONS AND PROPERTY § A.10.1 SAFETY PRECAUTIONS AND PROGRAMS § A.10.1.1 The Design -Builder shall be responsible for initiating and maintaining all safety precautions and programs in connection with the performance of the Design -Build Contract. § A.10.2 SAFETY OF PERSONS AND PROPERTY § A.10.2.1 The Design -Builder shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site or under the care, custody or control of the Design -Builder or the Design -Builder's Contractors or Subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § A.10.2.2 The Design -Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § A.10.2.3 The Design -Builder shall erect and maintain, as required by existing conditions and performance of the Design -Build Documents, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § A.10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Design -Builder shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. AIA Document A1417m — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, 23 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.10.2.5 The Design -Builder shall promptly remedy damage and loss (oilier than damage or loss insured under property insurance required by the Design -Build Documents) to any property referred to in Sections A.10.2.1.2 and A.10.2.1.3 caused in whole or in part by the Design -Builder, the Architect. a Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable and for which the Design -Builder is responsible under Sections A.10.2.1.2 and A.10.2.1.3. except damage or loss attributable to acts or omissions of the Owner or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Design -Builder. The foregoing obligations of the Design -Builder are in addition to the Design -Builder's obligations under Section A.3.17. § A.10.2.6 The Design -Builder shall designate in writing to the Owner it responsible individual whose duty shall be the prevention of accidents. § A.10.2.7 The Design -Builder shall not load or permit any part of the C01ISt uction or site to be loaded so as to endanger its safety. § A.10.3 HAZARDOUS MATERIALS § A.10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Design -Builder, the Design -Builder shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner. § A.10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Design -Builder and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Design -Build Documents, the Owner shall furnish in writing to the Design -Builder the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Design -Builder shall promptly reply to the Owner in writing stating whether or not the Design -Builder has reasonable objection to the persons or entities proposed by the Owner. If the Design -Builder has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Design -Builder has no reasonable objection. When the material or substance has been rendered harmless, work in the affected area shall resume upon written agreement of the Owner and Design -Builder. The Contract Time shall be extended appropriately, and the Contract Sum shall be increased in the amount of the Design -Builder's reasonable additional costs of shutdown, delay and start-up, which adjustments shall be accomplished as provided in Article A.7. Contractors, Subcontractors, Architect, Architect's consultants and the agents and employees of anyvsl th m from and against Claims, damages, losses and expenses, including but not limited to attorneys'--fe s, arising out of or resulting from performance of the Work in the affected area if in fact the ateria or substance exists on site as of the date of the Agreement, is not disclosed in the Design -Build -Documents and presents the risk of bodily injury or death as described in Section A.10.3.1 and has _tot -been rendered harmless, provided that such Claim, damage, loss or expense is attributable to bodil njury;�'sickness, disease or death or to injury to or destruction of tangible property (other than the.,V ici is lf) to the extent that such damage, loss or expense is not due to the negligence of the Des'-Buil&r, -Con tractors, Subcontractors, Architect, Architect's consultants and the agents and employees of § A.10.4 The Owner shall not be responsible under Section A.10.3 for materials and substances brought to the site by the Design -Builder unless such materials or substances were required by the Design -Build Documents. remediation of a hazardous material or Work as required by the Design- § A.10.6 EMERGENCIES § A.10.6.1 In an emergency affecting safety of persons or property, the Design -Builder shall act, at the Design - Builder's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time AIA Document A141 Tm — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 24 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093 1 which expires on 7117/2008, and is not for resale. User Notes: (2090903869) claimed by the Design -Builder on account of an emergency shall be determined as provided in Section A.4.1.7 and Article A.7. ARTICLE A.11 INSURANCE AND BONDS § A.11.1 Except as may otherwise beset forth in the Agreement or elsewhere in the Design -Build Documents, the Owner and Design -Builder shall purchase and maintain the following types of insurance with limits of liability and deductible amounts and subject to such terms and conditions, as set forth in this Article A.l 1. § A.11.2 DESIGN -BUILDER'S LIABILITY INSURANCE § A.11.2.1 The Design -Builder shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Design -Builder from clams set forth below that may arise out of or result from the Design -Builder's operations under the Design -Build Contract and for which the Design -Builder may be legally liable, whether such operations be by the Design -Builder, by a Contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Design - Builder's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Design -Builder's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Design -Builder's obligations under Section A.3.17. § A.11.2.2 The insurance required by Section A.11.2.1 shall be written for not less than limits of liability specified in the Design -Build Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. § A.11.2.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commmencement of the Work. These certificates and the insurance policies required by this Section A.11.2 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section A9.10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Design -Builder with reasonable promptness in accordance with the Design -Builder's information and belief. § A.11.3 OWNER'S LIABILITY INSURANCE § A.11.3.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § A.11.4 PROPERTY INSURANCE § A.11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk, "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus the value of subsequent Design -Build Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Design -Build Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section A.9.10 or until no person or entity other than the Owner has an insurable interest in the property required by (nit. AIA Document A141TM - 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, 25 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7117/2008, and is not for resale. User Notes: (2090903869) this Section A.l 1.4 to be covered, whichever is later. This insurance shall include interests of the Owner, Design - Builder, Contractors and Subcontractors in the Project. § A.11.4.1.1 Property insurance shall be oil an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage ineludina, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Design -Builder's services and expenses required as a result of such insured loss. § A.11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Design -Build Contract and with all of the coverages in the amount described above, the Owner shall so inform the Design -Builder in writing prior to commencement of the Work. The Design -Builder may then effect insurance that will protect the interests of the Design -Builder, Contractors and Subcontractors in the Work, and, by appropriate Change Order, the cost thereof shall be charged to the Owner. If the Design -Builder is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above without so notifying the Design -Builder in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § A.11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § A.11.4.1.4 This property insurance shall cover portions of the Work stored off the site and also portions of the Work in transit. § A.11.4.1.5 Partial occupancy or use in accordance with Section A9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use, by endorsement or otherwise. The Owner and the Design -Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § A.11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Design -Build Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Design - Builder, Contractors and Subcontractors in the Work, and the Owner and Design -Builder shall be named insureds. § A.11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Design -Builder, Architect, the Design -Builder's other design professionals, if any, Contractors and Subcontractors for loss of use of the Owner's property, including consequential losses due to fire or other hazards, however caused. § A.11.4.4 If the Design -Builder requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Design -Builder by appropriate Change Order. § A.11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section A.11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § A.11.4.6 Before an exposure to loss may occur, the Owner shall file with the Design -Builder a copy of each policy that includes insurance coverages required by this Section A.11.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire and that its limits will not be reduced until at (east 30 days' prior written notice has been given to the Design -Builder. (nit. AIA Document A141 TM' — 2004 Exhibit A. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 26 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:59 on 0712512007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.11.4.7 Waivers of Subrogation. The Owner and Design -Builder waive all rights against each other and any of their consultants, separate contractors described in Section A.6.1, if any, Contractors, Subcontractors, agents and employees, each of the other, and any of their contractors, subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section A.1 1.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Design -Builder, as appropriate, shall require of the separate contractors described in Section A.6.1. if any, and the Contractors, Subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, even though the person or entity did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § A.11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section A.1 1.4.10. The Design -Builder shall pay Contractors their just shares of insurance proceeds received by the Design -Builder, and, by appropriate agreements, written where legally required for validity, shall require Contractors to make payments to their Subcontractors in similar manner. § A.11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach. If after such loss no other special agreement is made and unless the Owner terminates the Design -Build Contract for convenience, replacement of damaged property shall be performed by the Design -Builder after notification of a Change in the Work in accordance with Article A.7. V § A.11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power.; The Owner as fiduciary shall, in the case of a decision or award, make settlement with insurers in accordance with directions of a decision or award. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. § A.11.5 PERFORMANCE BOND AND PAYMENT BOND § A.11.5.1 The Owner shall have the right to require the Design -Builder to furnish bonds covering faithful performance of the Design -Build Contract and payment of obligations arising thereunder, including payment to design professionals engaged by or on behalf of the Design -Builder, as stipulated in bidding requirements or specifically required in the Agreement or elsewhere in the Design -Build Documents on the date of execution of the Design -Build Contract. See Attachment ARTICLE A.12 UNCOVERING AND CORRECTION OF WORK § A.12.1 UNCOVERING OF WORK § A.12.1.1 If a portion of the Work is covered contrary to requirements specifically expressed in the Design -Build Documents, it must be uncovered for the Owner's examination and be replaced at the Design -Builder's expense without change in the Contract Time. § A.12.1.2 If a portion of the Work has been covered which the Owner has not specifically requested to examine prior to its being covered, the Owner may request to see such Work and it shall be uncovered by the Design -Builder. If such Work is in accordance with the Dcsign-Build Documents, costs of uncovering and replacement shall, by appropriate Change Order, issued in accordance with State Law, be at the Owner's expense. If such Work is not in accordance with the Design -Build Documents, correction shall be at the Design -Builder's expense unless the condition was caused by the Owner or a separate contractor, in which event the Owner shall be responsible for payment of such costs. AIA Document A141 TM — 2004 Exhibit A. Copyright 0 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of it, 27 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) § A.12.2 CORRECTION OF WORK § A.12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION. § A.12.2.1.1 'The Design -Builder shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Design -Build Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing, shall be at the Design -Builder's expense. § A.12.2.2 AFTER SUBSTANTIAL COMPLETION § A.12.2.2.1 In addition to the Design -Builder's obligations under Section A3.5, if, within one year after the (late of Substantial Completion or after the date for commencement of warranties established under Section A.9.8.5 or by terms of an applicable special warranty required by the Design -Build Documents, any of the Work is found to be not in accordance with the requirements of the Design -Build Documents, the Design -Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design -Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Design -Builder and give the Design -Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design -Builder and to make a claim for breach of warranty. If the Design -Builder fails to correct non -conforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section A.2.5. § A.12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. § A.12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design -Builder pursuant to this Section A.12.2. § A.12.2.3 The Design -Builder shall remove from the site portions of the Work which are not in accordance with the requirements of the Design -Build Documents and are neither corrected by the Design -Builder nor accepted by the Owner. § A.12.2.4 The Design -Builder shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Design -Builder's correction or removal of Work which is not in accordance with the requirements of the Design -Build Documents. § A.12.2.5 Nothing contained in this Section A.12.2 shall be construed to establish a period of limitation with respect to other obligations the Design -Builder might have under the Design -Build Documents. Establishment of the one- year period for correction of Work as described in Section A.12.2.2 relates only to the specific obligation of the Design -Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Design -Build Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design -Builder's liability with respect to the Design -Builder's obligations other than specifically to correct the Work. § A.12.3 ACCEPTANCE OF NONCONFORMING WORK § A.12.3.1 If the Owner prefers to accept Work not in accordance with the requirements of the Design -Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be equitably adjusted by Change Order, executed I accordance with state law. Such adjustment shall be effected whether or not final payment has been made. ARTICLE A.13 MISCELLANEOUS PROVISIONS § A.13.1 GOVERNING LAW § A.13.1.1 The Design -Build Contract shall be governed by the law of the place where the Project is located. § A.13.2 SUCCESSORS AND ASSIGNS § A.13.2.1 The Owner and Design -Builder respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Design -Build Documents. Except as AIA Document A14171' — 2004 Exhibit A. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, 28 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2090903869) provided in Section A.13.2.2, neither party to the Design -Build Contract shall assign the Design -Build Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Design -Build Contract. § A.13.2.2 "File Owner may, without consent of the Design -Builder, assign the Design -Build Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Design -Build Documents. The Design -Builder shall execute all consents reasonably required to facilitate such assignment. § A.13.3 WRITTEN NOTICE § A.13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if sent by registered or certified mail to the last business address known to the party giving notice. § A.13.4 RIGHTS AND REMEDIES § A.13.4.1 Duties and obligations imposed by the Design -Build Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § A.13.4.2 No action or failure to act by the Owner or Design -Builder shall constitute a waiver of a right or duty afforded them under the Design -Build Documents, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § A.13.5 TESTS AND INSPECTIONS § A.13.5.1 Tests, inspections and approvals of portions of the Work required by the Design -Build Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Design -Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design -Builder shall give timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. § A.13.5.2 If the Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section A.13.5.1, the Owner shall in writing instruct the Design -Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design -Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section A.13.5.3, shall be at the Owner's expense. § A.13.5.3 If such procedures for testing, inspection or approval under Sections A.13.5.1 and A.13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design -Build Documents, all costs made necessary by such failure, including those of repeated procedures, shall be at the Design -Builder's expense. § A.13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design - Build Documents, be secured by the Design -Builder and promptly delivered to the Owner. § A.13.5.5 If the Owner is to observe tests, inspections or approvals required by the Design -Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § A.13.5.6 Tests or inspections conducted pursuant to the Design -Build Documents shall be made promptly to avoid unreasonable delay in the Work. § A.13.6.1 As between the Owner .1 Before Substantial Completion. As to acts or the relevant date of AIA Document A141TU — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, 29 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7/1712008, and is not for resale. User Notes: (2090903869) Subs tial Completion; .2 Between tantial Completion and Final Application for Payment. As to acts or failures to act occurring subseqlreutto the relevant (late of Substantial Completion and prior to issuance of the final Application for Paynle l , ny applicable statute of limitations shall commence to run and any alleged cause of action shall be deem o have accrued in any and all events not later than the date of issuance of the final Application for �ment; and .3 After Final Application for Payment. As acts or failures to act occ► rrina after the relevant (late of issuance of the final Application for Payment, applicable statute of limitations shall commence to run and any alleged cause of action shall be deemec ave accrued in any and all events not later than the date of any act or failure to act by the Design -Builder rsuant to any Warranty provided under Section A.3.5, the date of any correction of the Work or failuic correct the Work by the Design -Builder under Section A.12.2, or the date of actual commission of other act or failure to ARTICLE A.14 TERMINATION OR SUSPENSION OF THE DESIGN/BUILD CONTRACT § A.14.1 TERMINATION BY THE DESIGN -BUILDER § A.14.1.1 The Design -Builder may terminate the Design -Build Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Design -Builder or a Contractor, Subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; .3 the Owner has failed to make payment to the Design -Builder in accordance with the Design -Build Documents; or .4 the Owner has failed to furnish to the Design -Builder promptly, upon the Design -Builder's request, reasonable evidence as required by Section A.2.2.8. § A.14.1.2 The Design -Builder may terminate the Design -Build Contract if, through no act or fault of the Design - Builder or a Contractor, Subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, repeated suspensions, delays or interruptions of the entire Work by the Owner, as described in Section A.14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days i it any 365-day period, whichever is less. § A.14.1.3 If one of the reasons described in Sections A.14.1.1 or A.14.1.2 exists, the Design -Builder may, upon seven days' written notice to the Owner, terminate the Design -Build Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. § A.14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design -Builder or a Contractor or their agents or employees or any other persons performing portions of the Work under a direct or indirect contract with the Design -Builder because the Owner has persistently failed to fulfill the Owner's obligations wider the Design -Build Documents with respect to matters important to the progress of the Work, the Design - Builder may, upon seven additional days' written notice to the Owner, terminate the Design -Build Contract and recover from the Owner as provided in Section A.14.1.3. § A.14.2 TERMINATION BY THE OWNER FOR CAUSE § A.14.2.1 The Owner may terminate the Design -Build Contract if the Design -Builder: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Contractors for services, materials or labor in accordance with the respective agreements between the Design -Builder and the Architect and Contractors; .3 persistently disregards laws, ordinances or rules, regulations or orders of a public authority having jurisdiction; or AIA Document A141 rm — 2004 Exhibit A. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, 30 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 11:52:59 on 07/25/2007 under Order No.1000312093_1 which expires on 7117/2008, and is not for resale. User Notes: (2090903869) .4 otherwise is guilty of substantial breach of a provision of the Design -Build Documents. Financial arrangements to fulfill owner's obligations. § A.14.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design -Builder and the Design -Builder's surety, if any, seven days' written notice, terminate employment of the Design -Builder and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Design -Builder; .2 accept assignment of contracts pursuant to Section A.5.5.1; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Design -Builder, the Owner shall furnish to the Design -Builder a detailed accounting of the costs incurred by the Owner in finishing the Work. § A.14.2.3 When the Owner terminates the Design -Build Contract for one of the reasons stated in Section A.14.2.1, the Design -Builder shall not be entitled to receive further payment until the Work is finished. § A.14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Design -Builder. If such costs and damages exceed the unpaid balance, the Design -Builder shall pay the difference to the Owner. § A.14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § A.14.3.1 The Owner may, without cause, order the Design -Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § A.14.3.2 The Contract Sum and Contract Time shall be adjusted in accordance with State Law for increases in the cost and time caused by suspension, delay or interruption as described in Section A.14.3.1. Adjustment of the Contract Sum shall include profit to the extent permitted by state law. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Design -Builder is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Design -Build Contract. § A.14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § A.14.4.1 The Owner may, at any time, terminate the Design -Build Contract for the Owner's convenience and without cause. § A.14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Design -Builder shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing contracts and purchase orders and enter into no further contracts and purchase orders. § A.14.4.3 In the event of termination for the Owner's convenience prior to commencem rto construction, the Design -Builder shall be entitled to receive payment for design services performed, costs incurred by reason of such termination . In case of termination for the Owner's convenience after commencement of construction, the Design -Builder shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, Enti tl dent to recei ve payment shal 1 be up to and onl y up to the date of termi nati on. -e f AIA Document A141TM — 2004 Exhibit A. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 31 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 12:33:18 on 07/25/2007 under Order No.1000312093 1 which expires on 7/17/2008, and is not for resale. User Notes: (1776276727) Resolution No. 2007—RO3I8 *,rAIA Document • A141" " / Exhibit • Determination of the Cost of the Work for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: The author of this document has Animal Shelter & Adoption Center, RFQ 07-002-VK, Lubbock, Texas added information needed for its completion. The author may also have revised the text of the original THE OWNER: AIA standard form. An Additions and (Name and address) Deletions Report that notes added information as well as revisions to The City of Lubbock the standard form text is available PO Box 2000 from the author and should be Lubbock, Texas 79457 reviewed. A vertical line in the left margin of this document indicates where the author has added THE DESIGN -BUILDER: necessary information and where (Name and address) the author has added to or deleted from the original AIA text. Minnix Commercial This document has important legal PO Box 64895 consequences. Consultation with an Lubbock, Texas 79464 attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. AIA Document A141 TM — 2004 Exhibit B. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 12:17:30 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1388779400) ARTICLE BA CONTROL ESTIMATE § B.1.1 Where the Contract Sum is the Cost of the Work, plus the Design -Builder's Fee without a Guaranteed Maximum Price pursuant to Section 4.3 of the Agreement, the Design -Builder shall prepare and submit to the Owner prior to the Design -Builder's first Application for Payment, in writing, a Control Estimate. The Control Estimate shall include the estimated Cost of the Work plus the Design -Builder's Fee. The Control Estimate shall be used to monitor actual costs. § B.1.2 The Control Estimate shall include: .1 the documents enumerated in Article 8 of the Agreement, including all Addenda thereto and the Terms and Conditions of the Contract; .2 a statement of the estimated Cost of the Work showing separately the compensation for design services, construction costs organized by trade categories or systems and the Design -Builder's Fee; and .3 contingencies for further development of design and construction. § B.1.3 The Design -Builder shall meet with the Owner to review the Control Estimate. In the event that the Owner discovers any inconsistencies or inaccuracies in the information presented, it shall promptly notify the Design - Builder, who shall make appropriate adjustments to the Control Estimate. When the Control Estimate is acceptable to the Owner, the Owner shall acknowledge its acceptance in writing. The Owner's acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. § B.1.4 The Design -Builder shall develop and implement a detailed system of cost control that will provide the Owner with timely information as to the anticipated total Cost of the Work. The cost control system shall compare the Control Estimate with the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes. This information shall be reported to the Owner, in writing, no later than the Design -Builder's first Application for Payment and shall be revised monthly or at other intervals as mutually agreed. ARTICLE B.2 COSTS TO BE REIMBURSED § B.2.1 COST OF THE WORK The term Cost of the Work shall mean costs necessarily incurred by the Design -Builder in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article B.2. § B.2.2 LABOR COSTS § B.2.2.1 Wages of construction workers directly employed by the Design -Builder to perform the construction of the Work at the site or, with the Owner's approval, at off -site locations. § B.2.2.2 Wages or salaries of the Design -Builder's supervisory and administrative personnel when stationed at the site with the Owner's approval. § B.2.2.3 Wages and salaries of the Design -Builder's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. required by law or collective argal for ers benefits such as sick leave, medical and health benefits, holidays, § B.2.3 CONTRACT COSTS § B.2.3.1 Payments made by the Design -Builder to Contractors in accordance with the requirements of their contracts. § B.2.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION § B.2.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. AIA Document A141Tm — 2004 Exhibit S. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 12:17:30 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1388779400) § 13.2.4.2 Costs of materials described in the preceding Section B.2.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Design -Builder. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § B.2.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS § 13.2.5.1 Costs, including transportation and storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers, that are provided by the Design -Builder at the site and fully consumed in the performance of the Work; and cost (less salvage value) of such items if not fully consumed, whether sold to others or retained by the Design -Builder. The basis for the cost of items previously used by the Design -Builder shall mean the fair market value. § B.2.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Design -Builder at the site, whether rented from the Design -Builder or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. § B.2.5.3 Costs of removal of debris from the site. § B.2.5.4 Cost of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § B.2.5.5 That portion of the reasonable expenses of the Design -Builder's personnel incurred while traveling in discharge of duties connected with the Work. § 8.2.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, if approved in advance by the Owner. § 13.2.6 DESIGN AND OTHER CONSULTING SERVICES § 13.2.6.1 Compensation, including fees and reimbursable expenses, paid by the Design -Builder for design and other consulting services required by the Design -Build Documents. § 13.2.7 MISCELLANEOUS COSTS § 13.2.7.1 That portion of insurance and bond premiums that can be directly attributed to this Design -Build Contract. § 13.2.7.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work. § B.2.7.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design -Builder is required by the Design -Build Documents to pay. § B.2.7.4 Fees of laboratories for tests required by the Design -Build Documents, except those related to defective or non -conforming Work for which reimbursement is excluded by Section A.13.5.3 of Exhibit A, Terms and Conditions, or other provisions of the Design -Build Documents, and which do not fall within the scope of Section A.13.5.3. § 13.2.7.5 Royalties and license fees paid for the use of a particular design, process or product required by the Design - Build Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Design -Build Documents; and payments made in accordance with legal judgments against the Design -Builder resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Design -Builder's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section A.3.16.1 of Exhibit A, Terms and Conditions, or other provisions of the Design -Build Documents, then they shall not be included in the Cost of the Work. § B.2.7.6 Data processing costs related to the Work. AIA Document A141 TM — 2004 Exhibit B. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced i by AIA software at 12:17:30 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1388779400) § B.2.7.7 Deposits lost for causes other than the Design -Builder's negligence or failure to fulfill a specific responsibility to the Owner as set forth in the Design -Build Documents. § B.2.7.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Design -Builder, reasonably incurred by the Design -Builder in the performance of the Work and with the Owner's prior written approval, which approval shall not be unreasonably withheld. § B.2.7.9 Expenses incurred in accordance with the Design -Builder's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, if approved by the Owner. § B.2.8 OTHER COSTS AND EMERGENCIES § B.2.8.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. § 8.2.8.2 Costs due to emergencies incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section A.10.6 of Exhibit A, Terms and Conditions. § B.2.8.3 Cost of repairing or correcting damaged or non -conforming Work executed by the Design -Builder, Contractors, Subcontractors or suppliers, provided that such damaged or non -conforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Design -Builder and only to the extent that the cost of repair or correction is not recoverable by the Design -Builder from insurance, sureties, Contractors, Subcontractors or suppliers. ARTICLE B.3 COSTS NOT TO BE REIMBURSED § B.3.1 The Cost of the Work shall not include: § B.3.1.1 Salaries and other compensation of the Design -Builder's personnel stationed at the Design -Builder's principal office or offices other than the site office, except as specifically provided in Sections B.2.2.2 and B.2.2.3. § B.3.1.2 Expenses of the Design -Builder's principal office and offices other than the site office. § B.3.1.3 Overhead and general expenses, except as may be expressly included in Article B.2 of this Exhibit. § B.3.1.4 The Design -Builder's capital expenses, including interest on the Design -Builder's capital employed for the Work. § B.3.1.5 Rental costs of machinery and equipment, except as specifically provided in Section B.2.5.2. § B.3.1.6 Except as provided in Section B.2.8.3 of this Agreement, costs due to the negligence or failure of the Design -Builder to fulfill a specific responsibility of the Design -Builder, Contractors, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. § B.3.1.7 Any cost not specifically and expressly described in Article B.2, Costs to be Reimbursed. § B.3.1.8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price, if any, to be exceeded. ARTICLE BA DISCOUNTS, REBATES AND REFUNDS § 8.4.1 Cash discounts obtained on payments made by the Design -Builder shall accrue to the Owner if (1) before making the payment, the Design -Builder included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Design -Builder with which to make payments; otherwise, cash discounts shall accrue to the Design -Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Design -Builder shall make provisions so that they can be secured. AIA Document A141TM — 2004 Exhibit B. Copyright © 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document (nit. Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:17:30 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1388779400) § B.4.2 Amounts that accrue to the Owner in accordance with the provisions of Section B 4,4 shall be credited to the Owner as a deduction from the Cost of Work. ARTICLE B.5 CONTRACTS AND OTHER AGREEMENTS OTHER THAN FOR DESIGN PROFESSIONALS HIRED BY THE DESIGN -BUILDER § B.5.1 Those portions of the Work that the Design -Builder does not customarily perform with the Design -Builder's own personnel shall be performed by others under contracts or by other appropriate agreements with the Design - Builder. The Owner may designate specific persons or entities from whom the Design -Builder shall obtain bids. The Design -Builder shall obtain bids from Contractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Owner. The Owner shall then determine which bids will be accepted. The Design -Builder shall not be required to contract with anyone to whom the Design -Builder has reasonable objection. § B.5.2 Contracts or other agreements shall conform to the applicable payment provisions of this Design -Build Contract, and shall not be awarded on the basis of cost plus a fee without the Owner's prior consent. ARTICLE B.6 ACCOUNTING RECORDS § B.6.1 The Design -Builder or any affiliated person or entity which performs a portion of the Work shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement, and the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to, and shall be permitted to audit and copy, the Design -Builder's records, books, correspondence, instructions, receipts, contracts, purchase orders, vouchers, memoranda and other data relating to this Agreement, and the Design -Builder shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. § B.6.2 When the Design -Builder believes that all the Work required by the Agreement has been fully performed, the Design -Builder shall deliver to the Owner's accountant a final accounting of the Cost of the Work. § B.6.3 The Owner's accountants will review and report in writing on the Design -Builder's final accounting within 21 days after delivery of the final accounting. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Design -Builder's final accounting, and provided the other conditions of Section A.9.10 of the Agreement have been met, the Owner will, within seven days after receipt of the written report of the Owner's accountants, notify the Design -Builder in writing of the Owner's intention to make final payment or to withhold final payment. § B.6.4 If the Owner's accountants report the Cost of the Work as substantiated by the Design -Builder's final accounting to be less than claimed by the Design -Builder, the Design -Builder shall be entitled to initiate resolution of the dispute pursuant to Article 6 of the Agreement and Article AA of Exhibit A, Terms and Conditions, for the disputed amount. If the Design -Builder fails to so initiate resolution of the dispute within the period of time required by Section A.4.1.2 of Exhibit A, Terms and Conditions, the substantiated amount reported by the Owner's accountants shall become binding on the Design -Builder. Pending a final resolution pursuant to Article 6 of the Agreement and Article A.4 of Exhibit A, Terms and Conditions, the Owner shall pay the Design -Builder the amount, if any, determined by the Owner's accountant to be due the Design -Builder. § B.6.5 If, subsequent to final payment and at the Owner's request, the Design -Builder incurs costs in connection with the correction of defective or non -conforming work as described in Article B.2, Costs to be Reimbursed, and not excluded by Article B.3, Costs Not to be Reimbursed, the Owner shall reimburse the Design -Builder such costs and the Design -Builder's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price, if any. If the Design -Builder has participated in savings as provided in Section 4.4.3.1 of the Agreement, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Design -Builder. AIA Document A141TO — 2004 Exhibit B. Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 5 may result in were civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 12:17:30 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (1388779400) Resolution No. 2007—RO318 ..rAIA Document A141"m — 2004 Exhibit C Insurance and Bonds for the following PROJECT: (Name and location or address) Animal Shelter & Adoption Center, RFQ 07-002-VK, Lubbock, Texas Lubbock, Texas THE OWNER: (Name and address) The City of Lubbock PO Box 2000 Lubbock, Texas 79457 THE DESIGN -BUILDER: (Name and address) Minnix Commercial Partners Ltd. PO Box 64895 Lubbock, Texas 79464 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Reportthat notes added Information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. (nit. AIA Document A141111— 2004 Exhibit C. Copyright 02004 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 12:26:16 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2442357533) ARTICLE CA The Owner and Design -Builder shall provide policies of liability insurance as required by the Design -Build Documents, or as follows: (Specify changes, if any, to the requirements of the Design -Build Documents, .and for• each type of insurance identify applicable limits and deductible amounts.) ARTICLE C.2 The Design -Builder shall provide surety bonds as follows: (Specify type and penal suttl of bonds.) Type Penal Sum ($ 0,00) Performance 3: Payment Bonds $3,208,333 . # C.2.1 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under ;the Agreement, the Design -Builder shall promptly .furnish a copy of the bonds or shall permit a copy to be made. Init. AIA Document A141 Te - 2004 Exhibit C. Copyright ©2004 by The Ame0can Institute of Architects. All rights reserved. WARNING: This AlA® Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, 2 may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law. ?his document was produced / by AIA software at 12:26:16 on 07/25/2007 under Order No.1000312093_1 which expires on 7/17/2008, and is not for resale. User Notes: (2442357533) Resolution No. 2007-RO318 EXHIBIT D SUPPLEMENTAL DEFINITIONS In addition to the Basic Definitions listed in Article A.1.1 of Exhibit A, the following definitions shall be used to define terms in the agreement: "Construction Cost Limitation" (CCL) means the maximum monetary amount payable to the Design - Builder for all direct cost of construction including but not limited to all materials, labor, temporary fence, portable toilets, temporary utilities, rental equipment to perform the work, and Cost of the Work in accordance with Exhibit B of the Agreement. The CCL may be adjusted by the parties for changes in the scope of the Project before or after acceptance of the Guaranteed Maximum Price Proposal. The CCL does not include the Design -Builder's Pre -Construction Phase Fee, Construction Phase Fee, and General Conditions Cost. "Construction Phase Fee" means the maximum monetary amount payable to the Design -Builder for overhead, which includes the Design -Builder's cost of doing business (i.e. rent, administrative cost, accounting cost, telephone, and other office expenses). Owner shall pay Design -Builder a stipulated Construction Phase Fee equal to five percent (5%) of the Construction Cost Limitation for the Project. "Guaranteed Maximum Price" or "GMP" means the amount proposed by the Design -Builder and accepted by the Owner as the maximum cost to the Owner for construction of the Work in accordance with the Contract Documents. The GMP includes Design -Builder's Construction Phase Fee, the General Conditions Costs, and the Cost of the Construction. The GMP does not include the Pre -construction Phase Fee. "General Conditions Cost" means costs incurred by the Design -Builder for liability insurance, bonds, cellular telephones for the Project, on -site office, Project Manager's time at site, other on -site administration costs, and incidental work, including minor field labor and materials as defined under Texas Local Government Code Chapter 271.111(9), as amended. The maximum allowable amount of General Conditions Costs payable to the Design -Builder during the Construction Phase of the Project shall not exceed five percent (5%) of the Construction Cost Limitation for the Project. "Pre -Construction Phase Services" means the participation, documentation and execution of the Design -Builder's Pre -Construction Phase deliverables as required by the Contract Documents including but not limited to architectural, engineering, budgeting, estimating, and design services. Owner shall pay Design/Builder a stipulated Pre -construction Phase Fee equal to eight percent (8%) of the Construction Cost Limitation for the Project. For Pre -Construction Phase Services, Owner shall pay Design/Build Contractor a Pre -Construction Phase Fee in accordance with the following schedule: Pre -Design Stage (5%) Schematic Design Stage (10%) Design Development Stage (20%) GMP Development Stage (20%) Construction Documents Stage (40%) Bid Proposal Stage (5%) 2641 Sunset Point Road Clearwater, Florida 33759 727.725.0111 phone 727.725.0209 fax 800.961.1967 toll free www.bgarchitects.com AAC002095 EB0006092 Resolution No. 2007—RO318 May 22, 2007 Mr. Tim Minnix Minnix Commercial Partners, LTD. P.O. Box 64895 Lubbock TX 79464 RE: Examples of $2 million and $3.5 million animal shelter projects. Dear Tim: Enclosed please find files related to animal shelter projects with a budget of $2 million and $3.5 million. The costs for the facilities listed below are based on $200.00 per square foot and does not include site costs. The quality of construction is based on what is anticipated for the Lubbock facility. Also included are sample specifications for materials, systems, etc., that are required for high quality animal shelter facilities. All of the files included are in PDF. Pasco (County, FL) Animal Control Facility: There are one plan and two elevations provided. The building is a new 12,650 square foot adoption center for an existing Animal Control facility. It does not have all of the functions the Lubbock facility requires but it does give an idea of the size of a project in the lower budget range. At $200.00 per square foot, the cost would be $2,530,000.00. Pahokee Animal Care and Control, Palm Beach County, Florida: There are one plan and four elevations, with two of the elevations being renderings. The building is a new 17,351 square foot animal services facility and probably includes most of the functions the Lubbock facility requires. At $200.00 per square foot, the cost would be $3,470,200.00. As with the Pasco County project, the quality of construction is similar to that anticipated for the Lubbock facility. The specifications provided are a small sample of the specifications we use for animal shelter projects we design. There are portions highlighted in red to show the various aspects of the quality of materials and tolerance of the material. As an example, the glazed masonry calls for two manufacturers. I have found these two manufacturers have the best glazing tolerances. The documents provided have not been compared to the program for the City of Lubbock project. They are intended to provide a reference for project size and quality. The designs cannot in any way be used for the County of Lubbock animal control project. Please consider these documents as informational only. Respectfully, Bacon Group, Inc. P� Richard S. Bacon, AIA President i 1 I j I E E j i i f i r� i o E ��° oIh u I a ll JAI JIR' Lj!% � 1 y IF Mill dL � - o i r 1 r 1 a j t 1� T _ t � Rr' --]tL 1 t � � II r � (i�i� _ iLL— I z i OA O r� i ! c i O i r j 3 ®_ —jam PLAN INEW ADOPTION CENTER t raw era eemo.res (( 19W LAKE PATENCE MM IMfwFf�14 B�+s NG D m t n3uR. LAKO OLAKE3, FLOAVA 34539 i w... q PASCO COUNTY eoAw OF CIXMY GONJ6810tF1i8 3T813 L6mLW AYFNLE � '_—w --- -- DADE CITY, FLONDA I i �7owes Cnw ooullFMta � EXTEflIOR ELEVATIONSW ADOPTION CENTERK.n �,ro !i' we 3G_ a4aoas vblo LAIC PATENCE ROAD ��a+�a�.>•a� �''"` LAND OIAKEA RaoA a,630 �a iemrox�sa+� .uwa�ro ��� ram-- a _�-� aw 3:+u5Y +&. _ a> l�mlaRVcm�oaRAirta 3COLWrY OF COIMV 001118 8 DADE ORY, FLORIDA 97M MERIDIAN AVENLE F -- - �X /\ JE \2 \q . ., m\ / m / \ z \\ :\ \ \ z - f�.. [ \� )i /) �, ! � ---- � | \ \ ~ Hffff Effik - - ƒƒ)) [x 8 )§ (j .. ` \® y »x III /ƒ m ) m r m \\) G _ � j ... «« - ? z . .�«: w\ z � ) 2 k . �a NSM EW ADOPTION CENTER , ENCE ROAD LAW OINT:& � � |% APASOO COUNTY BOMID OF _ � |$ |( FLOOR PLAN - � PAHOKEE ANMAL CARE FACLITY �3615 STATE ROAD 718 E PLAN PAMOKEF ROROA 33E76 COUNTY PROEOT ! 03218 TES DEVELOPMENT d OPERATIONS DEPARTMENT AL IENOVE.ENTS DMBION SELVEOEE ROAD. BlRDHO RS I E I } 1 I I I I j I I �G 1 E j Y-M �N — z I em �m om i z 0' r r m In m D < - D O o r - z O m —I -- z joi a - AN � i am -EXTERIOR ELEVATIONS PAHOKEE ANIMAL CARE FACILITY i3; 9 m F3 A, 3815 8TATE ROAD ] 6 �` q e D Ig o PMOKEF. FLORIDA 33473 COIMY PPDXCT It 03216 40-_ ism FACLIfEB OEVELOPMB7f 8 OPHUTgNB OEPARTAE7lf m - 32__ BE7.VE WA K FL A &U 1189 e - aus wstwronw oaaeeert aatn¢ : WEST PALM BEACF( FLO(OA 33108 I I i i i i 1 a .® R. ii(Ii�E��sii ii{1ii(�ki i�i �dl�k�k{la� ii�Eil � 1 Hill! a a _ � s Ell oil MI oil ]r GIO OR 0 S i I j[ -- MOO I 0 I OT Q j' D — ; m �A mm I0 m= E(—� �m lit — i eD sr i� oD i �L _J or — - rn ( rn < d D - k li�i si rn m {) EII s3 I r ��'{i ak ii �. rn �'{kii{i{� i --- rn a I itli si (�' o.r° II{E, Iiy iigl� ('�iilsiEsik�I�k i 'PAHOKEE ANIMAL CARE FACLITY EXTERIOR ELEVATIONS i 3618 STATE ROAD 718 D { pylpp• i PAHOKEF FLORIDA 33476 C"" PROJECT ♦ 03218 E••3'i i Id i � ( ER m... ep•pvmar n� � �FACIRES DEVELOPMENT 8 OPERATIONS OEPARIAENT i g ( 4 ; CAPrtAL MVIOVEAENT3 DIVISION d �a I _ - WES BELV� ROAD. A 334 6 i ! • _ - a 11 S•p• W WfnCnua pope AyppE WEST PAlA1 BEACH, FLORDA 33108 No Text Bacon Group, Inc. Sample Specifications May, 2007 DIVISION 3 - CONCRETE TABLE OF CONTENTS TECHNICAL SPECIFICATIONS Page 1 TABLE OF CONTENTS SAMPLE TECHNICAL SPECIFICATIONS Section 03000 - Concrete DIVISION 4 - MASONRY Section 04065 - Masonry Mortar and Grout Section 04200 - Standard Unit Masonry Section 04210 - Structural Glazed Facing Tile Masonry DIVISION 5 - METALS Section 05311 - Steel Roof Deck DIVISION 6 - WOOD AND PLASTICS Section 06000 - Carpentry Work DIVISION 8 - DOORS, WINDOWS AND GLASS Section 08111 - Standard Steel Doors and Frames Section 08115 - Plastic Doors and Frames Section 08200 - Aluminum Flush Doors and Frames DIVISION 9 - FINISHES Section 09210 - Spray Applied Acoustical Cement Plasters Section 09500 - Acoustical Wall Panels Section 09511 - Suspended Acoustical Ceilings Section 09652 - Sheet Vinyl Floor Coverings Section 09699 - Water Vapor Reduction Section 09800 - Resinous Flooring System DIVISION 10 -SPECIALTIES Section 10000 - Specialties and Equipment Section 10508 - Plastic Lockers DIVISION 11 -EQUIPMENT Section 11100 - Modular Kennel Systems Section 11150 - Medical Equipment Furnishings Section 11200 - Caging Furnishings Section 11400 - Kennel Equipment END SAMPLE TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Bacon Group, Inc. SECTION 03000 Sample Specifications CONCRETE May, 2007 Pagel SECTION 03000 CONCRETE PART1 GENERAL 1.01 WORK INCLUDED A. Formwork, shoring, bracing, and anchorage. B. Concrete reinforcement and accessories. C. Cast -in -place concrete; ready mixed concrete; concrete placement, finishing and curing. D. Cast -in -place concrete for resinous and other specialized flooring materials. 1.02 CONCRETE CONTRACTOR QUALIFICATIONS A. Due to the requirements of this facility type, the qualifications of the mason must be pre - qualified to meet the following minimum standards. 1. Meet the tolerances and slopes indicated on the drawings. 2. List past projects with architectural references of project using hospital and/or veterinarian facilities. 1.03 REFERENCES A. ACI 301 - Specifications for Structural Concrete for Buildings. B. ACI 305 - Hot Weather Concreting. C. ACI 315 - Details and Detailing of Concrete Reinforcement. D. ACI 318 - Building Code Requirements for Reinforced Concrete. E. ACI 347 - Recommended Practice for Concrete Formwork. F. ANSI/ASTM A185 - Welded Steel Wire Fabric for Concrete Reinforcement. G. ASTM A615 - Deformed and Plain Billet -Steel for Concrete Reinforcement. H. ASTM C78 - Flexural Strength of Concrete (Using Simple Beam with Third Point Loading). I. ASTM C94 - Ready -Mixed Concrete. J. ASTM C150 - Portland Cement. K. ASTM C171 - Sheet Materials for Curing Concrete. L. ASTM C260 - Air Entraining Admixtures for Concrete. M. ASTM C309 - Liquid Membrane -Forming Compounds for Curing Concrete. N. ASTM C494 - Chemical Admixtures for Concrete. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 03000 CONCRETE Page 2 O. ASTM D1751 - Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non -extruding and Resilient Bituminous Types). P. ASTM D1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. Q. ASTM D1850 - Concrete Joint Sealer Cold Application Type. R. AASHTO M 182-60 - Burlap Cloth Made from Jute or Kenaf. S. FS TT-C-800 - Curing Compound, Concrete, for new and existing Surfaces. 1.04 QUALITY ASSURANCE A. Perform work in accordance with ACI 301, ACI 304, ACI 305, ACI 315, ACI 347, ACI 318, ASTM A615, ASTM C-150 and all other applicable referenced documents, (1.03). B. Pre -installation Conference: Prior to installation of the waterproofing, conduct a meeting with waterproofing applicator, installers of the work adjacent to or which penetrates waterproofing, the architectlengineer, Owner's representative, and waterproofing manufacturer's representative to verify and review the following: 1. Project requirements for waterproofing as set out in the Contract Documents. 2. Manufacturer's product data including application instructions. 3. Substrate conditions, and procedures for substrate preparation and waterproofing installation. C. Technical Consultation: The waterproofing manufacturer's representative shall provide technical consultation on the waterproofing application. 1.05 TESTS A. . Submit proposed mix design of each class of concrete for review and approval prior to commencement of work. B. Testing firm will take cylinders and perform slump tests in accordance with ACI 301. C. Tests of cement and aggregates will be performed to ensure conformance with requirements stated herein. Submit data, source and certificates on proposed aggregates. D. At least three concrete test cylinders will be taken for every 50 cu. yds. or less of each class of concrete placed each day. E. One slump test will be taken for each set of test cylinders taken. F. Chemical Resistance: Independent resting shall be performed to ASTM C 267-77 "Chemical Resistance of Mortars" and ASTM 39-86 "Compressive Strength of Cylindrical Concrete Specimens". 1. Concrete samples (treated and untreated) to have a design strength as listed in paragraph 2.08. No admixtures permitted. 2. Coatings to have a maximum thickness of 0.05 inches per coat with up to two coats permitted. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 03000 CONCRETE Page 3 3. Untreated and treated specimens to be immersed for a minimum of 84 days in the following chemical solutions: hydrochloric acid, toluene, caustic soda. 4. Treated specimens after exposure, and shall have a minimum of 14% increase in compressive strength versus untreated control specimens. G. Potable Water Approval: Independent testing shall be performed according to NSF Standard 61 and approval for use of waterproofing material on structures holding potable water shall be evidenced by NSF certification. 1.06 SHOP DRAWINGS A. Submit shop drawings of reinforcing steel indicating sizes, spacings, shapes, locations and quantities of reinforcing steel, and wire fabric; bending and cutting schedules; splicing; and supporting and spacing devices. B. Prepare signed and sealed shop drawings under supervision of professional structural engineer registered in State of Florida. C. Submit product data, including manufacturer's specifications, installation instructions, and general recommendations for waterproofing applications. Also include manufacturer's certification or other data substantiating that the products comply with the requirements of the Contract Documents. D. Test Reports: Submit for acceptance, complete test reports from approved independent testing laboratories certifying that the waterproofing system conforms to the performance characteristics and testing requirements specified herein. E. Manufacturer's Certification: Provide certificates signed by the manufacturer or manufacturer's representative certifying that the materials to be installed comply in all respects with the requirements of this specification, and that the applicator is qualified and approved to install the materials in accordance with the manufacturer's product data. F. Manufacturer's Field Report: Provide a copy of the report from the manufacturer's representative confirming that the surfaces to which waterproofing material is to be applied are in a condition suitable to receive the same. 1.07 Project Conditions: Comply with the manufacturer's product data regarding condition of substrate to receive waterproofing, weather conditions before and during installation, and protection of the installed waterproofing system. 1.08 Warranty A. Manufacturer's Warranty: The manufacturer shall provide a standard product warranty executed by the authorized company official. Terms of the warranty shall be 4 years from the Date of Substantial Completion. B. Applicator's Warranty: The applicator shall warrant the waterproofing installation against defects caused by faulty workmanship or materials for a period of 4 years from the Date of Substantial Completion. The warranty will cover the surfaces treated and will bind the applicator to repair, at his expense, any and all leaks through the treated surfaces which are not due to structural weaknesses or other causes beyond the applicator's control such as fire and hurricanes. The warranty shall read as follows: Bacon Group, Inc. Sample Specifications May, 2007 SECTION 03000 CONCRETE Page 4 1. Warranty: The applicator warrants that, upon completion of the work, surfaces treated with cementitious crystalline waterproofing will be and will remain free from water leakage resulting from defective workmanship or materials for a period of 4 years from the Date of Substantial Completion. In the event that water leakage occurs within the warranty period from such causes, the applicator shall, at his sole expense, repair, replace or otherwise correct such defective workmanship or materials. The applicator shall not be liable for consequential damages and applicator's liability shall be limited to repair, replacement or correcting of defective workmanship or materials. The applicator shall have no responsibility with respect to water leakage or other defects caused by structural failure or movement of the structure, or any other causes beyond the applicators' control. PART2 PRODUCTS 2.01 FORM MATERIALS A. Conform to ACI 301 and ACI 347. 2.02 REINFORCING STEEL A. Reinforcing Steel: ASTM A615, 60 yield grade billet steel deformed bars; uncoated finish. 40 yield grade only where noted on the drawings. B. Welded Steel Wire Fabric: Plain type, ANSUASTM A185; coiled rolls; uncoated finish. 2.03 CONCRETE MATERIALS A. Cement: ASTM C150, Type 1 Portland, grey color. B. Fine and Coarse Aggregates: ASTM C33. C. Water: Clean and not detrimental to concrete. 2.04 ADMIXTURES. A. Air Entrainment Admixture: ASTM C260. B. No admixtures containing calcium chloride, flyash or fibermesh is allowed. Admixtures must be approved by the Architect in advance and conform to ASTM C494. 2.05 ACCESSORIES A. Vapor Barrier: ASTM D2103, 6 mil thick clear polyethylene film. B. Non -Shrink Grout: Premixed compound with non-metallic aggregate, cement, water reducing and plasticizing agents; capable of minimum compressive strength of 5000 psi in 28 days. C. Masonry Anchors: 12 gauge, galvanized steel. D. Waterstops: Polyvinylchloride; 6 inches wide; heat sealed joints. E. Form Release Agent: Colorless material which will not stain concrete, absorb moisture or impair natural bonding or color characteristics of coating intended for use on concrete. Bacon Group, Inc. SECTION 03000 Sample Specifications CONCRETE May, 2007 Page 5 F. Joint Filler: ASTM D1751 or 1752. G. Expansion Joint Material: ASTM D1751 - Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non -extruding and Resilient Bituminous Types). 2.06 CURING MATERIALS A. Membrane Curing Compound: ASTM C309, or Fed. Spec. TT-C-800 B. Curing Sheets and Mats: ASTM D 2103 or AASHTO M 182-60 or ASTM C171. 2.07 CONCRETE MIX A. Mix concrete in accordance with ASTM C94, ACI 301 and ACI 304. B. Compressive Strength at 28 days: 3000 psi - Exterior walks and grout for filling masonry block cells. 5000 psi - Building floors and slabs on grade. C. Slump: In accordance with ACI 301; 4" maximum. B. Add air entraining agent to mix for concrete exposed to exterior. PART 3 EXECUTION 3.01 GENERAL A. Work to be in conformance with ACI 301, ACI 304, ACI 305, ACI 315, ACI 318, ACI 347 and ASTM C94. 3.02 FORMWORK ERECTION A. Verify lines, levels, and measurement before proceeding with formwork. B. Hand trim sides and bottom of earth forms; remove loose dirt. C. Align form joints. D. Do not apply form release agent where concrete surfaces receive special finishes or applied coatings which may be affected by agent. E. Coordinate work of other Sections in forming and setting openings, slots, recesses, chases, sleeves, bolts, anchors, and other inserts. 3.03 REINFORCEMENT A. Comply with ACI 301, ACI 315, ACI 318 and ANSI/ASTM A185. B. Place, support, and secure reinforcement against displacement. C. Locate and lap reinforcing splices as noted on the drawings and/or as required by ACI 318 and ACI 315. Bacon Group, Inc. SECTION 03000 Sample Specifications CONCRETE May, 2007 Page 6 3.04 PLACING CONCRETE A. Notify Architect minimum 24 hours prior to commencement of concreting operations. B. Install vapor barrier under interior floor slabs on fill. Lap joints minimum 6 inches and seal. Extend vapor barrier to top of footing. Do not disturb vapor barrier while placing reinforcement. The vapor barrier must be completely sealed. C. Concrete shall not be dropped freely over 4 feet; use pipe troughs or chutes. Placement of concrete shall be such as to avoid segregation or separation of aggregates. D. Concrete shall be deposited nearly as possible in its final position. Large quantities shall not be deposited at one point and then run and worked along the forms. Do not move concrete horizontally with a vibrator nor garden rake. Avoid segregation of the mix. 3.05 FLOOR SLABS A. Saw cut control joints at an optimum time after finishing. Cut slabs with 3/16 inch thick blade, cutting 1/4 of depth of slab thickness. Saw cut as soon as concrete has hardened and has attained sufficient strength to support the weight of the saw and allows the blade to cut through the aggregate without appreciable raveling, approximately 4 to 6 hours after placement. Contractor shall submit joint pattern and spacing for approval. B. Separate slabs on grade from vertical surfaces with joint filler, where noted on drawings. Extend joint filler from bottom of slab to within 1 /4 inch finished slab surface. 3.06 TOLERANCES A. Provide Class A tolerance to floor slabs according to ACI 301. Slope floors as indicated on the slab plan and as indicated elsewhere on the drawings. 3.07 REMOVAL OF FORMS A. Do not remove forms, shores and bracing until concrete has gained sufficient strength to carry its own weight, construction loads, and design loads that are liable to be imposed upon it. Verify strength of concrete by compressive test results. 3.08 FINISHING FORMED SURFACES A. All Concrete: Fill all voids, honeycombs and other intrusions. Clean all voids, honeycombs and holes of loose concrete and debris. Fill solid with neat cement paste, 1 part cement and 1-1/2 part fine, clean sand; wet areas before filling. Remove projections, fins, irregularities and form tie ends. B. Formed concrete surfaces exposed to view: Remove blemishes; rub to uniform texture. C. Prepare concrete in kennel areas to receive flooring as recommended by the manufacturer and installer including providing smooth level surface free of blemishes, cracks, etc. D. Provide smooth rubbed finishes on vertical faces of formed concrete exposed to view as follows: Smooth Rubbed Finish: On exposed, poured -in -place concrete vertical surfaces. Fill and repair blemishes, rub finish to uniform color and texture. Use mortar mix of 1 part Bacon Group, Inc. SECTION 03000 Sample Specifications CONCRETE May, 2007 Page 7 Portland cement and 2 parts well graded sand passing No. 30 sieve with water added to give the consistency of thick paint. Thoroughly wet surface and allow to approach surface dryness. Apply vigorously with burlap, cork or wood; scrape off excess grout with a trowel. As soon as can be accomplished without pulling mortar from voids, rub surface with burlap pads having the dry sand -cement mixture on the pads. 3.10 SCHEDULE OF FLOOR SLAB FINISHES A. Office Areas: Float finish in accordance with ACI 301. Power steel trowel to produce smooth surface relatively free of defects. After surface has hardened so it may be walked on without leaving imprints, power trowel to produce a very dense smooth surface. B. Animal Housing Areas: Float finish in accordance with ACI 301. Power steel trowel to produce smooth surface relatively free of defects. After surface has hardened so it may be walked on without leaving imprints, power trowel to produce a very dense smooth surface. Prepare finish as required for resinous flooring finish. C. In the Sally Port and where indicate on finish schedule to be sealed: Float finish and power trowel as noted above in A. Immediately after curing, thoroughly clean floor slabs of any marks, spots, stains, mortar or other debris. Scrub floors thoroughly and allow to dry completely. Mix tung oil and kerosene and apply the solution to floors evenly at a rate of 3/4 ounces per square foot, using a squeegee to spread the solution and buffer as specified below. Do not apply solution by spraying. Allow floors to dry completely and remove residue form floors by damp mopping. Immediately prior to final inspection and acceptance of the work, scrub floors thoroughly and allow to dry completely. Then apply a second coat of floor treatment solution in the same manner as the first coat. 1. Buff both first and second coats of floor treatment solution, as the solution is being applied, to polish an extremely high sheen on the surface 2. Buff at a minimum rate of 2 square feet per minute using a rotary floor machine at approximately 200 rpm. 3.11 CURING A. Begin curing concrete immediately after finishing. Concrete shall be protected against moisture loss and rapid temperature change for at least 9 days. Use one of the following procedures. 1. Curing of the floor slab shall be 10 full days. 2. Ponding or continuous sprinkling. 3. Application of absorptive mats or fabric or impervious sheets kept continuously wet. 4. Continuous application of steam (not exceeding 150 degrees F) or mist spray. 5. Application of liquid membrane -forming compounds conforming to ASTM C309 or Fed. Spec. TT-C-800. 6. Immediately after curing, thoroughly clean floor slabs of any marks, spots, stains, mortar or other debris. Scrub floors thoroughly and allow to dry completely. END OF SECTION Bacon Group, Inc. SECTION 04065 Sample Specifications MASONRY MORTAR AND GROUT May, 2007 Page 1 SECTION 04066 MASONRY MORTAR AND GROUT PART1 GENERAL 1.01 SUMMARY A. Section includes standard and epoxy mortar and grout for all masonry required for the project. 1.02 REFERENCES A. ASTM C5 - Quicklime for Structural Purposes. B. ASTM C91 - Masonry Cement. C. ASTM C143 - Slump of Hydraulic Cement Concrete. D. ASTM C144 - Aggregate for Masonry Mortar. E. ASTM C150 - Portland Cement. F. ASTM C207 - Hydrated Lime for Masonry Purposes. G. ASTM C270 - Mortar for Unit Masonry. H. ASTM C404 - Aggregates for Masonry Grout. 1. ASTM C476 - Grout for Masonry. J. ASTM C595 - Blended Hydraulic Cements. K. ASTM C780 - Test Method for Preconstruction and Construction Evaluation of Mortars for Plain and Reinforced Unit Masonry. L. ASTM C1019 - Method of Sampling and Testing Grout. M. ASTM C1314 - Constructing and Testing Masonry Prisms Used to Determine Compliance with Specified Compressive Strength of Masonry. N. ASTM C1329 - Mortar Cement. O. ASTM C1357 - Methods for Evaluating Masonry Bond Strength. P. MSJC (Masonry Standards Joint Committee) Code - ACI (American Concrete Institute) 530/ASCE (American Society of Civil Engineers) 5/TMS (The Masonry Society) 402 - Building Code Requirements for Masonry Structures. Q. MSJC (Masonry Standards Joint Committee) Specification - ACI (American Concrete Institute) 530.1/ASCE (American Society of Civil Engineers) 61TMS (The Masonry Society) 602 - Specifications For Masonry Structures. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 04065 MASONRY MORTAR AND GROUT Page 2 1.03 SUBMITTALS A. Samples: Submit two samples of mortar, illustrating mortar color and color range. B. Design Data: Submit design mix when Property specification of ASTM C270 is to be used, required environmental conditions, and admixture limitations. C. Test Reports: 1. Submit reports on mortar indicating conformance of mortar to property requirements of ASTM C270 and test and evaluation reports to ASTM C780 for aggregate ratio and water content, air content, consistency and compressive strength. 2. Submit reports on grout indicating conformance of grout to property requirements of ASTM C476 and test and evaluation reports to ASTM C1019. D. Manufacturer's Certificate: Certify products meet or exceed specified requirements. 1.04 QUALITY ASSURANCE A. Perform Work in accordance with MSJC Code and MSJC Specification. 1.05 ENVIRONMENTAL REQUIREMENTS A. Hot and Cold Weather Requirements: MSJC Specification. PART2 PRODUCTS 2.01 MORTAR AND MASONRY GROUT A. Manufacturers: 1. Sonneborn: E Grout. 2. Lehigh Portland Cement. 3. Medusa Cement Company. 4. The Quikrete Companies. 5. Solomon Colors. 2.02 COMPONENTS A. Portland Cement: ASTM C150, Type I. B. Mortar Aggregate: ASTM C144, standard masonry type. C. Hydrated Lime: ASTM C207, Type S. D. Grout Aggregate: ASTM C404, fine and coarse. Bacon Group, Inc. Sample Specifications May, 2007 E. Water: Clean and potable. SECTION 04065 MASONRY MORTAR AND GROUT Page 3 F. Epoxy Grout: Three part mix of resin hardener and powder. Containing less that 0.1 percent free water and non polymerizable organic solvent. Compound should be based on epoxy resin with a working life of 45 minutes at 75 degrees. Mortar shall be set and hard in 16 hours. Powder shall be free of coarse filler and free of odor when set and hardened. G. Mortar Color: Provide both standard and custom color options from approved manufacturer for selection. A. Mortar Mixes 1. Mortar For Structural Masonry: ASTM C270, Type M and S using Property specification. 2. Mortar For Non -Structural Masonry: ASTM C270, Type N using Property specification. 3. Epoxy Mortar For Masonry Block: ASTM C270, Type N using Property specification. B Mortar Mixing: 1. Thoroughly mix mortar ingredients in accordance with ASTM C270 in quantities needed for immediate use. 2. Achieve uniformly camp sand immediately before mixing process. 3. Add mortar color to achieve uniformity of mix and coloration. 4. Re -temper only within two hours of mixing. 5. Do not add Calcium Chloride to Mortar or Grout. C. Grout Mixes: 1. Grout for Non -Structural Masonry: 3,000 psi strength at 28 days; 7-8 inches slump; mixed in accordance with ASTM C476 Coarse grout. 2. Grout for Structural Masonry: 3,000 psi strength at 28 days; 7-8 inches slump; mixed in accordance with ASTM C476 Coarse grout. D. Grout Mixing: 1. Thoroughly mix grout ingredients in quantities needed for immediate use in accordance with ASTM C476. Bacon Group, Inc. Sample Specifications May, 2007 PART 3 EXECUTION 3.01 EXAMINATION A. Request inspection of spaces to be grouted. 3.02 INSTALLATION SECTION 04065 MASONRY MORTAR AND GROUT Page 4 A. Install mortar and grout to requirements of the specific masonry specification sections. 3.03 SCHEDULES A. Non bearing walls and partitions: Type N. B. Bearing walls and reinforced masonry: Type S. C. Masonry in all animal related areas: Epoxy Mortar and Grout. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 04200 STANDARD UNIT MASONRY PART1 GENERAL 1.01 SECTION INCLUDES: SECTION 04200 STANDARD UNIT MASONRY Page 1 A. The extent of each type of masonry work includes standard manufactured concrete masonry units, shapes and color. All masonry work as indicated on drawings and as specified herein. Filling of block cells with cement grout as indicated on drawings. 1.02 MASON QUALIFICATIONS: A. Due to the requirements of this facility type, the qualifications of the mason must be pre - qualified to meet the following minimum standards. 1. Meet the tolerances specified in paragraph 3.01.D. 2. List past projects with architectural references of project using epoxy grout/mortar. 3. List past projects with architectural references of project using hospital and/or veterinarian facilities. 1.03 DESCRIPTION OF WORK: A. Extent of each type of masonry work is indicated in drawings and in schedules. Type of work required is concrete masonry units. 1.04 APPLICABLE PUBLICATIONS: A. Brick Institute of America (BIA): Technical Cold Weather Masonry Construction Note 1A Construction and Protection Recommendations 1.05 SUBMITTALS A. Submit manufacturer products data for each type of masonry unit, accessories, inserts, anchors and other related products, including certifications that all products comply with specifications. 1.06 MOCK WALL SAMPLE A. Place a 4'-0" wide by 4'-0" high wall panel composed of a section of standard block masonry as specified in this section showing workmanship, coursing, bond, thickness and tooling of joints, range of color and texture of masonry, and mortar color. Submittals shall be approved prior to construction of remaining work. Contractor shall conduct a meeting of the Owner at the time of panel installation for approval. Approved sample panel may be incorporated into the work. Finished work shall match the approved sample panel. If panel is unsatisfactory, it shall be removed and replaced with new panel for approval. Bacon Group, Inc. Sample Specifications May, 2007 1.07 DELIVERY AND STORAGE SECTION 04200 STANDARD UNIT MASONRY Page 2 A. Deliver cement, lime, and other cementitious materials in unbroken bags or barrels, and store to prevent entry of foreign materials and damage by water or dampness. Store masonry off ground. Avoid chipping and breaking of masonry units. Protect materials from damage and, except for sand, keep dry until used. Store metal accessories to prevent corrosion and accumulation with dirt. 1.08 QUALITY ASSURANCE A. Fire Performance Characteristics: Where required, provide materials and construction which are identical to those assemblies whose fire endurance has been determined by testing in compliance with ASTM E119 by a recognized testing and inspection organization or by another means, as acceptable to authority having jurisdiction. 1.09 PROJECT CONDITIONS A. Protection of Work: During erection, cover top of walls with waterproof sheeting at end of workday. Cover partially completed structures when work is not in progress. B. Extend cover a minimum of 24 inches down both sides and hold cover securely in place. C. Do not apply uniform floor or roof loading for at least 16 hours after installing supporting masonry construction. D. Do not apply concentrated loads for at least 3 days after installing supporting masonry construction. E. Staining: Prevent grout or mortar or soil from staining the face of masonry to be left exposed or painted. Immediately remove grout and mortar in contact with such masonry. F. Protect sills, ledges and projections from droppings of mortar. G. Protect base of walls from rain splashed mud and mortar splatter by means of coverings spread on ground and over wall surface. PART2 PRODUCTS 2.01 MASONRY A. General: Comply with all applicable, reference publications. B. Concrete Masonry Units (CMU): All units to be hollow load bearing, standard weight. Units shall be sizes that will lie up to 8 inch modules. Exposed surfaces of units shall be comparatively smooth and of uniform texture. Store Type I or Type II units at the site at least 28 days for air cured units, 10 days for atmospheric steam or water cured units, and 3 days for units cured with steam before use. Provide laboratory -listed units in fire -rated walls. Hollow Load -bearing Units: ASTM C90, Grade N, Type I or Type II. 2. Special Shapes: Provide bull -nose shape block at a// corners. Provide other special shapes such as closures, header units, and jamb units as necessary to Bacon Group, Inc. SECTION 04200 Sample Specifications STANDARD UNIT MASONRY May, 2007 Page 3 complete the work. Units shall meet the requirements for the units with which used. 2.02 MORTAR, EPDXY MORTAR AND GROUT A. Refer to specification 04065. 2.03 JOINT REINFORCEMENT, TIES AND ANCHORING DEVICES A. Materials: Comply with requirements indicated below for basic materials and with requirements indicated under each form of joint reinforcement, tie and anchor for size and other characteristics. 1. Zinc- Coated (Galvanized) Steel Wire: ASTM A82 for uncoated wire and with ASTM A641 for zinc coating Class 3 (0.81 oz. per sq. ft. of wire surface). Application: Use interior locations only. 2. Hot -Dip Galvanized Steel Wire: ASTM A82 for uncoated wire and with ASTM A123, Class B-2 (1,5 oz. per sq. ft. of wire surface) for zinc coating applied after prefabrication into units. Application: Use for masonry exposed to exterior and in contact with earth. Zinc -Coated (Galvanized) Steel Sheet: Carbon steel with zinc coating complying with ASTM A525, Coating Designation G90. Application: Use dovetail slots where indicated. 4. Hot -Dip Galvanized Carbon Steel Sheet: ASTM A366, Class 2 or ASTM A365; hot- dip galvanized after fabrication to comply with ASTM A153, Class B. Application: Use for anchors. B. Joint Reinforcement: Provide welded -wire units prefabricated with deformed continuous side rods into straight lengths of not less than 10 ft., with prefabricated corner and tee units, and complying with requirements listed below: 1. Width: Fabricated joint reinforcement in units with widths of approximately 2 inches less than nominal width of wall and partitions as required providing mortar coverage of not less than 5/8" on joint faces exposed to exterior and 2" elsewhere. 2. Wire Size for Side Rods: 0.1483 inch diameter. 3. Wire Size for Cross Rods: 0.1483 inch diameter. 4. For single-wythe masonry provide types as follows with single pair of side rods: Truss design with continuous diagonal cross rods spaced not more than 16 inches on center. C. Bent -Wire Ties: Provide individual fabricated bent -wire units complying with requirements indicated below: Wire Size: 0.1875 inch diameter. Bacon Group, Inc. SECTION 04200 Sample Specifications STANDARD UNIT MASONRY May, 2007 Page 4 2. Length: Provide units of length indicated but not less than required for embedment into each wythe of 1.5 inches for solid units and for embedment of tie end into face shells of hollow units, with not less than 5/8" mortar cover on exterior face joints, 2 inch elsewhere. D. Unit Type Masonry Inserts in Concrete: Furnish cast iron or malleable iron inserts of type and size indicated. E. Anchor Bolts: Provide steel bolts with hex nuts and flat washers complying with ASTM A307, Grade A, hot -dip galvanized to comply with ASTM C153, Class C, in sizes and configurations indicated. Provide ASTM A-325, high strength bolts where indicated on drawings. F. Other Items, Accessories: Subject to approval. 1. Acceptable Manufacturers: Subject to compliance with requirements, provide products of one of the following: a. AA Wire Products Co. b. Dur-O-Wall, Inc. C. Heckman Building Products, Inc. d. Hohmann & Bernard, Inc. e. Masonry Reinforcing Corp. of America f. National Wire Products Corp. 2.04 CONCEALED FLASHING MATERIALS A. Asphalt -Coated Copper Flashing: Manufacturer's standard product consisting of sheet copper of weight per sq. ft. indicated below coated with flexible fibrated asphalt. 1. Weight: 5 oz. or 40 mils. B. Other Products: Subject to approval. C. Adhesive for Flashings: Of type recommended by manufacturer of flashing material for use indicated. D. Acceptable Products: Subject to compliance with requirements, provide one of the following: 1. "VI -Seal Plastic Flashing'; Afco Products, Inc. 2. "Nuflex"; Sandell Manufacturing Co., Inc. 3. "BFG" Vinyl Water Barrier: B.F. Goodrich Co. 2.05 MISCELLANEOUS MASONRY ACCESSORIES A. Reinforcing Bars: Deformed steel, ASTM A615, Grade 60 for bars No. 3 to No. 18. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 04200 STANDARD UNIT MASONRY Page 5 B. Non -Metallic Expansion Joint Strips: Pre -molded, flexible cellular neoprene rubber filler strips complying with ASTM D1056, Grade RE41 E1, capable of compression up to 35% of width and thickness indicated. C. Pre -molded Control Joint Strips: Material as indicated below, designed to fit standard sash block and to maintain lateral stability in masonry wall; approved size and configuration. Polyvinyl chloride complying with ASTM D2287, General Purpose Grade, Designation PVC-63506. D. Bond Breaker Strips: Asphalt -saturated organic roofing felt complying with ASTM D226, Type 1 (no. 15 asphalt felt). 2.06 MASONRY CLEANERS A. Job -mixed Detergent Solution: Solution of triodium phosphate (2 cup dry measure) and laundry detergent (2 cup dry measure) dissolved in one gallon of water. B. Proprietary Products: "Sure Klean" No. 600 Detergent; ProSoCo, Inc. and others as approved. PART 3 EXECUTION 3.01 INSTALLATION A. Do not change source of supply of materials after the work has started if the appearance of the finished work will be affected. Do not change coursing or bonding after starting the work. Do not carry up one section of wall ahead of others. Step back unfinished work for joining with new work; toothing is not allowed. Build in frames, openings, pipes, conduits, structural steel, bolts, anchors, ties, lintels, and other items as the work progresses. Fill metal door frames with grout, but before filling, verify that the stops in the frame have been filled with rigid insulation. Cover tops of exposed walls and partitions not being worked on with a waterproof membrane secured in place and extended down 2 feet on each side. B. Protection: Stains: Protect exposed surfaces from mortar and other stains. When mortar joints are tooled, remove mortar from exposed surfaces. Protect base of walls from splash stains. Loads: Do not apply uniform loads for at least 16 hours or concentrated loads for at least 72 hours after masonry is constructed. C. Mortar Joints: Uniform 3/8 inch thick. Tool exposed joints slightly concave. Strike unexposed joints flush. Brush joints to remove loose and excess mortar. D. Tolerances: Face of CMU: 1/16 inch from face of adjacent CMU. 2. Variation from True Plane: 1/16 inch in 20 feet or more. Bacon Group, Inc. SECTION 04200 Sample Specifications STANDARD UNIT MASONRY May, 2007 Page 6 3. Variation from Plumb: 1/16 inch in each story, noncumulative. 4. Variation from Level: 1/16 inch in 10 feet, and 1/4 inch maximum. 5. Joints: Horizontal joints shall be level; vertical joints shall be plumb and in alignment from top to bottom of wall within a tolerance of plus or minus 1/4 inch in 40 feet. E. Placing CMUs: Lay first course in a full bed of mortar for the full width of the unit. Lay succeeding courses in running bond. Form bed joints by applying mortar to the entire top surfaces of the inner and outer face shells. Form head joints by applying the mortar for a width of about one inch to the ends of the adjoining units. Mortar thickness shall be such that it is forced out of the joints as the units are laid. Where anchors, bolts, and ties occur in the cells of the units, place lath in the joint at the bottom of the cells and fill the cells with mortar or grout as the work progresses. Do not dampen CMOs before or during lying. Reinforced CMU Walls: Where vertical reinforcement occurs, fill cores solid with grout. Lay units in a manner that preserves the unobstructed vertical continuity of cores to be filled. Embed the adjacent webs in mortar to prevent grout leakage. Remove protruding mortar fins from joints before placing grout. Minimum clear dimensions of vertical cores shall be 2"x3". Position reinforcing accurately. As masonry work progresses, secure reinforcing in place at vertical intervals not to exceed 160 bar diameters. Use puddling rod or vibrator to consolidate the grout. Minimum clear distance between masonry and vertical reinforcement shall be 2 inch. Form splices by lapping bars at least 40 bar diameters and wire tying them together. Vertical reinforcement to run continuous from footing to top of wall or top of beam. F. Joint Reinforcement and Anchorage: Completely embed reinforcement, anchors, and ties in mortar joints. Horizontal Joint Reinforcement: Install reinforcement 16 inches on center. Reinforcement shall be continuous except at control joints and expansion joints. Reinforcement above and below openings shall extend at least 16 inches beyond each side of openings. Provide reinforcement in the longest available lengths, using the minimum number of splices. Overlap ends at least 8 inches. Provide at least 5/8 inch mortar cover for the wire for exterior wall face and 2 inch for interior wall face. 2. Provide wall ties or masonry anchors between concrete columns and masonry wall, and between block columns and masonry wall, 24" O.C. 3. Corners of Load -bearing Walls: Provide a true masonry bond in each course. 4. Intersections of Load -bearing Walls: Provide a true masonry bond in each course or anchor with rigid steel anchors spaced 24 inches on center vertically. 5. Intersections of Non -load -bearing Partitions with Other Walls or Partitions: Provide wall ties 24 inches on center vertically or provide masonry bonding in alternate courses. 6. Lintels and Bond Beams: Concrete beams with reinforcing as shown on the drawings. Terminate beams and reinforcing on each side of expansion joints and control joints. Lintels shall be straight and true and shall have at least 8 inches of bearing at each end. Let lintels set for at least 6 days before removing shoring. Bacon Group, Inc. SECTION 04200 Sample Specifications STANDARD UNIT MASONRY May, 2007 Page 7 Control Joints: Joints shall occur directly opposite each other on both faces of the wall. Fill joints with sealant specified in Section 07920 "Sealants" or a formed synthetic rubber or vinyl plastic sealing strip. Expansion Joints: Fill joints with preformed filler and sealant specified in Section 07920 "Sealants". Lintel, Head, and Sill Flashing: Provide flashing in longest practical lengths. Lap ends at least 1-1/2 inches for interlocking type and 6 inches for other types, and seal watertight. Provide end dams where flashing ends in the masonry (such as over and under openings in the wall). Bend down the exterior edge to form a drip. Extend thru-wall flashing from a 1 /4 inch outside of the exterior face of walls, upward in collar joint across wall cavity at least 6 inches and into mortar of bed joint for backing wythe. Terminate flashing 3/4 inch back from interior face of wall and turn back on itself at least 2 inch. Extend flashing beyond interior face of wall and turn up at least 2 inches. Extend lintel flashing beyond the jamb lines on both sides and turn ends up 2 inches. Bend flashing down over horizontal leg of steel lintel and extend upward across wall cavity at least 6 inches. Extend sill flashing at least 4 inches beyond each end of sill. 10. Grout: Provide fine grout in metal door frames, in grout spaces less than 2 inches in any horizontal dimension, and where clearance between reinforcing and masonry is less than 3/4 inch. Provide coarse grout in grout spaces 2 inches or greater in all horizontal dimensions provided the clearance between reinforcing and masonry is at least 3/4 inch. Place grout from the interior side of walls. Protect other surfaces from grout droppings. Grout shall be well -mixed to prevent segregation and sufficiently fluid to flow into joints and around reinforcing without leaving voids. Place grout by pumping or by pouring from buckets with spouts in lifts not exceeding 4 feet: Keep pours at least 1-1/2 inches below the top of masonry units in top course except at the finish course. Puddle or agitate grout to eliminate voids. Remove masonry displaced by grouting and relay in alignment with fresh mortar. 3.02 CLEANING A. Protection: Protect work from damage, stains, and discoloration during cleaning. B. Pointing: Cut out defective mortar joints and tuck point joints and holes solidly with prehydrated mortar. C. Cleaning: Clean exposed masonry with clear water and stiff fiber brushes and rinse with clean water. Where stains, mortar, or other soil remain, clean with warm water and detergent. Where soil still remains on block work, clean with a cleaning agent specified in writing or print by the block manufacturer. Use cleaner according to the brick and cleaner manufacturers' printed instructions. Immediately and thoroughly rinse each area with clean water after cleaning. Restore damaged, stained, and discolored work to original condition or replace with new work. END OF SECTION Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Pagel SECTION 04210 STRUCTURAL GLAZED FACING TILE MASONRY PART1 GENERAL 1.01 SECTION INCLUDES: A. All masonry work as indicated on drawings and as specified herein. Filling of block cells with cement grout as indicated on drawings and where reinforcement is called for in block. 1.02 DESCRIPTION OF WORK: A. Extent of each type of masonry work is indicated in drawings and in schedules. Type of work required is structural ceramic glazed facing the masonry. 1.03 APPLICABLE PUBLICATIONS: A. American Society for Testing and Materials (ASTM): 1. C91 Masonry Cement 2. C144 Aggregate for Masonry Mortar 3. C150 Portland Cement 4. C207 Hydrated Lime for Masonry Purposes 5. C404 Specifications for Aggregates for Masonry Grout 6. C270 Mortar for Unit Masonry B. Brick Institute of America (BIA): 1. Technical Cold Weather Masonry Construction C. American National Standards Institute (ANSI) 1. A41.1 American Standards Building Code Requirements for Masonry 2. Note 1A Construction and Protection Recommendations D. Facing Tile Institute (FCI) 1. Specifications for Ceramic Glazed Facing Tile, Facing Brick, and Solid Masonry Units. Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 2 1.04 SUBMITTALS A. Submit three samples to indicate the approximate range of color and texture to be expected in the completed wall for each color or texture. B. Even though colors are indicated at the end of this section, the actual colors may change to any of the standard or custom colors available. 1.05 MOCK WALL SAMPLE A. Place a 4'-0" wide by 4'-0" high wall panel composed of a section of Ceramic Glazed Masonry as specified in this section and a section of standard block masonry as specified in Section 04200 indicating workmanship, coursing, bond, thickness and tooling of joints, range of color and texture of masonry, and mortar color. Submittals shall be approved prior to construction of remaining work. Contractor shall conduct a meeting of the Owner, Owner's representative and the architect at the time of panel installation for approval. If panel is unsatisfactory, it shall be removed and replaced with new panel for approval. The number of mock wall panels shall be dependant on approval. B. The panel to indicate quality representation of: 1. Modular Ceramic System (MCS) grade of SGFT, color and texture range. 2. Bonding pattern 3. Mortar color 4. Joint tooling 5. Epoxy grout 6. Reinforcement 7. Workmanship C. Sample Filed Panel shall be erected at least 14 days prior to shipment of the SGFT to the jobsite. If necessary, additional panels shall be erected until architects approval is received. 1.06 CERIFICATES A. Provide Material Safety Data Sheets (MSDS). B. Certificate Letter: Submit a certified letter from the manufacturer prior to delivery of SGFT to jobsite for compliance of the specification requirements. 1.07 DELIVERY AND STORAGE A. Deliver cement, lime, and other cementitious materials in unbroken bags or barrels, and store to prevent entry of foreign materials and damage by water or dampness. B. Deliver SGFT to the project site as packaged by the manufacturer stretch wrapped on wood pallets. Offload SGFT packages using equipment that will not damage SGFT. No SGFT is allowed to be in direct contact with the ground. Do not double stack cubes of SFGT. C. Cover SGFT with non -staining waterproof membrane covering. Keep units dry. Allow air circulation around stacked units. Installation of wet or stained SGFT is prohibited. Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 3 D. Keep SGFT units in the individual cardboard packaging provided by the manufacturer until ready to be laid in the wall. Never use brick tongs or "pitch" the SGFT to upper levels of scaffolding. 1.08 ENVIRONMENTAL CONDITIONS A. Do not lay masonry when the air temperature is below 40 degrees F and falling or when the local weather bureau predicts air temperature will drop to 40 degrees F or below before the mortar has set, unless the work is protected from freezing as specified in BIA Technical Note 1A. 1.09 QUALITY ASSURANCE A. Fire Performance Characteristics: Where required, provide materials and construction which are identical to those assemblies whose fire endurance has been determined by testing in compliance with ASTM E119 by a recognized testing and inspection organization or by another means, as acceptable to authority having jurisdiction. 1.10 PROJECT CONDITIONS A. Protection of Work: During erection, cover top of walls with waterproof sheeting at end of work day. Cover partially completed structures when work is not in progress. B. Extend cover a minimum of 24 inches down both sides and hold cover securely in place. C. Do not apply uniform floor or roof loading for at least 16 hours after installing supporting masonry construction. D. Staining: Prevent grout or mortar or soil from staining the face of masonry to be left exposed or painted. Immediately remove grout and mortar in contact with such masonry. E. Protect sills, ledges and projections from droppings of mortar. F. Protect base of walls from rain splashed mud and mortar splatter by means of coverings spread on ground and over wall surface. PART 2 PRODUCTS 2.01 MASONRY A. Manufacturers: 1. Elgin -Butler, Inc. 2. Stark Ceramics 3. or equal meeting the specifications and requirements of this specification as determined by the architect. B. Technical Requirements: Meet ASTM C-652, Grade SW, for physical properties, sized for 3/8" mortar joints. Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 4 2. Compressive Strength: Tile shall be a load -bearing, burned clay product designed to support both live and dead loads. 3. Minimum unit compressive strength on the gross area shall be as follows: a. Minimum Average of 5 Units: 3000psi Vertical and 2000psi Horizontal. b. Individual Minimum One Unit: 2500 psi Vertical and 1500psi Horizontal. C. Properties of Finish: 1. Impervious: Comply with ASTM C126. 2. Chemical Resistance: Glaze shall not change color or texture when submerged in 10% HCL or KOH for three hours. nor damaged by acetones or cleaning fluids. 3. Coefficient of Thermal Expansion: The average coefficient of thermal expansion shall be 3.3 millionth inch per degree Fahrenheit. 4. Fire Resistance Classification: Tile shall conform to ASTM E119 and as listed in the FTI specifications Tables I, II, III under Fire Resistance Periods. 5. Fire Hazard Classification: Shall conform to United Laboratories, Inc. Flame Spread - 0, Smoke Development - 0, 70M0. 6. Hardness: Tile shall have a rating of above 5 on the MOHS Hardness Scale. D. Structural Glazed Facing Tile Masonry (SGFT): All units to be hard burned, load bearing, Structural with ceramic glaze finish fused to the body as per specifications. Sizes shall be standard manufactured sizes at an 8-inch module. 1. The size of the Structural Glazed Facing Tile Masonry shall be based on the standard Series Tiles as detailed on the drawings. The glazed block for the individual suites shall be 6"x8"x16". The block indicated in the dog runs shall be glazed on all of the exposed side. The location of glazed masonry on one or both sides must be verified by The mason. Where unglazed face is on the same wall surface as the standard masonry unit, the texture of the glazed block shall match the standard unit. All corners such as at door frames shall be a standard glazed block. No application of facing to unglazed block is permitted. E. Facing: Units shall be either single faced or double faced where indicated on the drawings. All exposed surfaces, however, shall be faced and shall be the contractors and masons responsibility to ensure that exposed surfaces shall have a glazed surface. F. Shapes: Shapes shall include all those manufactured by the selected manufacturer and shall include stretchers, jambs, corners, sills, lintels, miters. Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 5 2.02 EPDXY MORTAR: A. Install epoxy mortar at all structural glazed ceramic block containing the block in Accordance with the masonry and mortar manufacturer's recommendation in strict conformance with the masonry and mortar manufacturers recommended specifications. B. The epoxy mortar shall be three component mix consisting of a resin, hardener and powder, containing less than 0.1 percent free water and non-polymerizable organic solvent. The compound shall be based on epoxide resin, and shall have a working life of at least 45 minutes at 75 degrees. Mortar shall be set and hard within 16 hours. The powder shall be free of coarse filler and shall be free of odor when set and hardened. C. General: Do not add admixtures including coloring pigments, air -entraining agents, accelerators, retarders, water repellant agents, anti -freeze compounds or other admixtures unless noted or approved. Do not use calcium chloride in mortar or grout. 2.03 MORTAR COLOR A. Provide both standard and custom color options from approved manufacturer for selection. 2.04 JOINT REINFORCEMENT, TIES AND ANCHORING DEVICES A. Materials: Comply with requirements indicated below for basic materials and with requirements indicated under each form of joint reinforcement, tie and anchor for size and other characteristics. 1. Zinc- Coated (Galvanized) Steel Wire: ASTM A82 for uncoated wire and with ASTM A641 for zinc coating Class 3 (0.81 oz. per sq. ft. of wire surface). Application: Use interior locations only. 2. Hot -Dip Galvanized Steel Wire: ASTM A82 for uncoated wire and with ASTM A123, Class B-2 (1,5 oz. per sq. ft. of wire surface) for zinc coating applied after prefabrication into units. Application: Use for masonry exposed to exterior and in contact with earth. 3. Zinc -Coated (Galvanized) Steel Sheet: Carbon steel with zinc coating complying with ASTM A525, Coating Designation G90. 4. Hot -Dip Galvanized Carbon Steel Sheet: ASTM A366, Class 2 or ASTM A365; hot -dip galvanized after fabrication to comply with ASTM A153, Class B. Application: Use for anchors. B. Joint Reinforcement: Provide welded -wire units prefabricated with deformed continuous side rods into straight lengths of not less than 10 ft., with prefabricated corner and tee units, and complying with requirements listed below: Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 6 1. Width: Fabricated joint reinforcement in units with widths of approximately inches less than nominal width of wall and partitions as required to provide mortar coverage of not less than 5/8" on joi nt faces exposed to exterior and 2" elsewhere. 2. Wire Size for Side Rods: 0.1483 inch diameter. 3. Wire Size for Cross Rods: 0.1483 inch diameter. 4. For single-wythe masonry provide types as follows with single pair of side rods: a.. Truss design with continuous diagonal cross rods spaced not more than 16 inches on center. C. Bent -Wire Ties: Provide individual fabricated bent -wire units complying with requirements indicated below: Wire Size: 0.1875 inch diameter. Length: Provide units of length indicated but not less than required for embedment into each wythe of 1.5 inches for solid units and for embedment of tie end into face shells of hollow units, with not less than 5/8" mortar cover on exterior face joints, 2 inch elsewhere. D. Flexible Anchors: Where flexible anchors are indicated for connecting masonry to structural framework, provide 2-piece anchors as described below which permit vertical or horizontal differential movement between wall and framework parallel to, but resist tension and compression forces perpendicular to, plane of wall. Wire Size: 0.1875 inch diameter. E. Unit Type Masonry Inserts in Concrete: Furnish cast iron or malleable iron inserts of type and size indicated. Anchor Bolts: Provide steel bolts with hex nuts and flat washers complying with ASTM A307, Grade A, hot -dip galvanized to comply with ASTM C153, Class C, in sizes and configurations indicated. G. Other Items, Accessories: Subject to approval. Acceptable Manufacturers: Subject to compliance with requirements, provide products of one of the following: a. AA Wire Products Co. b. Dur-O-Wall, Inc. C. Heckman Building Products, Inc. d. Hohmann & Bernard, Inc. e. Masonry Reinforcing Corp. of America Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 7 f. National Wire Products Corp. 2.05 CONCEALED FLASHING MATERIALS A. Asphalt -Coated Copper Flashing: Manufacturer's standard product consisting of sheet copper of weight per sq. ft. indicated below coated with flexible fibrated asphalt. 1. Weight: 5 oz. or 40 mils. B. Other Products: Subject to approval. C. Adhesive for Flashings: Of type recommended by manufacturer of flashing material for use indicated. D. Acceptable Products: Subject to compliance with requirements, provide one of the following: 1. "VI -Seal Plastic Flashing"; Afco Products, Inc. 2. "Nuflex"; Sandell Manufacturing Co., Inc. 3. "BFG" Vinyl Water Barrier: B.F. Goodrich Co. 2.06 MISCELLANEOUS MASONRY ACCESSORIES A. Reinforcing Bars: Deformed steel, ASTM A615, Grade 60 for bars No. 3 to No. 18. B. Non -Metallic Expansion Joint Strips: Premolded, flexible cellular neoprene rubber filler strips complying with ASTM D1056, Grade RE41 E1, capable of compression up to 35% of width and thickness indicated. C. Premolded Control Joint Strips: Material as indicated below, designed to fit standard sash block and to maintain lateral stability in masonry wall; approved size and configuration. 1. Polyvinyl chloride complying with ASTM D2287, General Purpose Grade, Designation PVC-63506. D. Bond Breaker Strips: Asphalt -saturated organic roofing felt complying with ASTM D226, Type 1 (no. 15 asphalt felt). 2.07 MASONRY CLEANERS A. Job -mixed Detergent Solution: Solution of triodium phosphatase (2 cup dry measure) and laundry detergent (2 cup dry measure) dissolved in one gallon of water. B. Proprietary Products: "Sure Klean" No. 600 Detergent; ProSoCo, Inc. and others as approved. Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 8 PART 3EXECUTION 3.01 INSTALLATION A. Do not change source of supply of materials after the work has started if the appearance of the finished work will be affected. Do not change coursing or bonding after starting the work. Do not carry up one section of wall ahead of others. Step back unfinished work for joining with new work; toothing is not allowed. Build in frames, openings, pipes, conduits, structural steel, bolts, anchors, ties, lintels, and other items as the work progresses. Fill metal door frames with grout, but before filling, verify that the stops in the frame have been filled with rigid insulation. Cover tops of exposed walls and partitions not being worked on with a waterproof membrane secured in place and extended down 2 feet on each side. B. Protection: Stains: Protect exposed surfaces from mortar and other stains. When mortar joints are tooled, remove mortar from exposed surfaces. Protect base of walls from splash stains. 2. Loads: Do not apply uniform loads for at least 16 hours or concentrated loads for at least 72 hours after masonry is constructed. C. Mortar Mixing: ASTM C270. Keep mortar boxes, pans, and mixer drums clean and free of debris and dried mortar. Do not use antifreeze compounds, salts, or other substances to lower the freezing point of mortar. D. Mortar Joints: Uniform 3/8 inch thick. Tool exposed joints slightly concave. Strike un-exposed joints flush. Brush joints to remove loose and excess mortar. E. Refer to previous section for epoxy mortar mix requirements. All interior horizontal and vertical joints of the Kennels shall be flush joints. F. Tolerances: 1. Face of Brick or CMU: 1/16 inch from face of adjacent brick or CMU. 2. Variation from True Plane: 1/16 inch in 20 feet or more. 3. Variation from Plumb: 1/16 inch in each story, noncumulative, and 1/4 inch maximum in 2 stories or more. 4. Variation from Level: 1/16 inch in 10 feet, and 1/4 inch maximum. 5. Variation in Wall Thickness: Plus or minus 1/8 inch. 6. Joints: Horizontal joints shall be level; vertical joints shall be plumb and in alignment from top to bottom of wall within a tolerance of plus or minus 1/4 inch in 40 feet. Baon Group, Inc. Sample Specifications May, 2007 SECTION 04210 STRUCTURAL GLAZED FACING TILE MASONRY Page 9 G. Placing CGFM's: Lay first course in a full bed of mortar for the full width of the unit. Lay succeeding courses in stack bond. Form bed joints by applying mortar to the entire top surfaces of the inner and outer face shells. Form head joints by applying the mortar for a width of about one inch to the ends of the adjoining units. Mortar thickness shall be such that it is forced out of the joints as the units are laid. Where anchors, bolts, and ties occur in the cells of the units, place lath in the joint at the bottom of the cells and fill the cells with mortar or grout as the work progresses. Do not dampen CGFMs before or during laying. Reinforced CMU Walls: Where vertical reinforcement occurs, fill cores solid with grout. Lay units in a manner that preserves the unobstructed vertical continuity of cores to be filled. Embed the adjacent webs in mortar to prevent grout leakage. Remove protruding mortar fins from joints before placing grout. Minimum clear dimensions of vertical cores shall be 2"0". Position reinforcing accurately. As masonry work progresses, secure reinforcing in place at vertical intervals not to exceed 160 bar diameters. Use puddling rod or vibrator to consolidate the grout. Minimum clear distance between masonry and vertical reinforcement shall be 2 inch. Form splices by lapping bars at least 40 bar diameters and wire tying them together. Vertical reinforcement to run continuous from footing to top of wall or top of beam. H. Joint Reinforcement and Anchorage: Completely embed reinforcement, anchors, and ties in mortar joints. Horizontal Joint Reinforcement: Install reinforcement 16 inches on center. Reinforcement shall be continuous except at control joints and expansion joints. Reinforcement above and below openings shall extend at least 16 inches beyond each side of openings. Provide reinforcement in the longest available lengths, using the minimum number of splices. Overlap ends at least 8 inches. Provide at least 5/8 inch mortar cover for the wire for exterior wall face and 2 inch for interior wall face. 2. Provide wall ties or masonry anchors between adjacent block columns, and between block columns and masonry wall, 24" O.C. 3. Corners of Load -bearing Walls: Provide a true masonry bond in each course. 4. Intersections of Load -bearing Walls: Provide a true masonry bond in each course or anchor with rigid steel anchors spaced 24 inches on center vertically. 5. Intersections of Non -load -bearing Partitions with Other Walls or Partitions: Provide wall ties 24 inches on center vertically or provide masonry bonding in alternate courses. 6. Lintels and Bond Beams: Concrete beams with reinforcing as shown on the drawings. Terminate beams and reinforcing on each side of expansion joints and control joints. Lintels shall be straight and true and shall have at least 8 inches of bearing at each end. Let lintels set for at least 6 days before removing shoring. 7. Control Joints: Joints shall occur directly opposite each other on both faces of the wall. Fill joints with sealant specified in Section 07920 "Sealants" or a formed synthetic rubber or vinyl plastic sealing strip. Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 10 8. Expansion Joints: Fill joints with preformed filler and sealant specified in Section 07920 "Sealants". I. Epoxy Grout: The structural ceramic glazes facing tile shall be laid in mortar -cement as per ASTM C270. As soon as the the units have been laid, the joints shall be raked to a uniform depth of 3/8" and mortar stains cleaned from the tile face. The wall shall be cured a minimum of 24 hours before pointing with epoxy mortar. 1. Fill joint utilizing a technique similar to standard wall grouting. Use a rubber faced trowel working in conjunction with a hawk. 2. Clean installation immediately after pointing with a dampened synthetic sponge, warm water and house hold detergent. Clean tile in a circular motion and do not drag out the joint. 2. The epoxy mortar shall not remain on face of tile for more than 45 minutes. 3. Provide fine grout in metal door frames, in grout spaces less than 2 inches in any horizontal dimension, and where clearance between reinforcing and masonry is less than 3/4 inch. Provide coarse grout in grout spaces 2 inches or greater in all horizontal dimensions provided the clearance between reinforcing and masonry is at least 3/4 inch. Place grout from the interior side of walls. Protect other surfaces from grout droppings. Grout shall be well -mixed to prevent segregation and sufficiently fluid to flow into joints and around reinforcing without leaving voids. 4. Place grout by pumping or by pouring from buckets with spouts in lifts not exceeding 4 feet. Keep pours at least 1-1 /2 inches below the top of masonry units in top course except at the finish course. Puddle or agitate grout to eliminate voids. Remove masonry displaced by grouting and relay in alignment with fresh mortar. 3.02 CLEANING A. Pointing: Cut out defective mortar joints and tuck point joints and holes solidly with pre -hydrated mortar. B. Cleaning: Clean exposed masonry with clear water and stiff fiber brushes and rinse with clean water. Where stains, mortar, or other soil remain, clean with warm water and detergent. Where soil still remains on blockwork, clean with a cleaning agent specified in writing or print by the block manufacturer. Use cleaner according to the brick and cleaner manufacturers' printed instructions. Immediately and thoroughly rinse each area with clean water after cleaning. Restore damaged, stained, and discolored work to original condition or replace with new work. Baon Group, Inc. SECTION 04210 Sample Specifications STRUCTURAL GLAZED FACING TILE MASONRY May, 2007 Page 11 3.03 SCHEDULE A. Provide Structural Ceramic Glazed Facing Tile as follows: Dog Kenneling Kennel Run Wall Construction: Field Block: To be determined Cap and Accent Block: To be determined 2. Kennel Perimeter Wall Interior Construction: Field Block: To be determined Cat Housing Area Kennel Run Wall Construction: Field Block: To be determined Cap and Accent Block: To be determined 2. Kennel Perimeter Wall Interior Construction: Field Block: To be determined END OF SECTION No Text Bacon Group, Inc. Sample Specifications May, 2007 SECTION 06311 STEEL ROOF DECK SECTION 05311 STEEL ROOF DECK PART GENERAL 1.01 SECTION INCLUDES A. Steel roof deck and accessories. 1.02 REFERENCES A. AISI - Specification for the Design of Cold -Formed Steel Structural Members. B. ASTM A36 - Structural Steel. C. ASTM A525 - General Requirements for Steel Sheet, Zinc -Coated by the Hot -Dip Process. D. ASTM A611 - Steel, Cold -Rolled Sheet, Carbon, Structural. E. ASTM A446 - Zinc -Coated Steel Sheets of Structural Quality, Coils and Cut Lengths. F. AWS D1.1 and AWS D1.3 - Structural Welding Code. G. SDI - Design Manual for Composite Decks, Form Decks, Roof Decks. H. AISC - Specification for the Design Fabrication and Erection of Structural Steel for Buildings. 1.03 PERFORMANCE REQUIREMENTS A. Design metal decking in accordance with SDI Design Manual for Composite Decks, Form Decks, Roof Decks and for diaphragm action. B. Furnish deck according to gauge and type shown on the design drawings and as specified herein. 1.04 SUBMITTALS A. Submit shop drawings: Indicate decking plan, support locations, projections, openings and reinforcement, pertinent details, welding and fastener pattern and accessories. B. Product Data: Provide deck profile characteristics and dimensions, structural properties, finishes and diaphragm shear strength. C. Manufacturer's Installation Instructions: Indicate specific installation sequence and special instructions. 1.05 QUALIFICATIONS A. Installer: Company specializing in performing the work of this Section approved by the deck manufacturer. Bacon Group, Inc. SECTION 05311 Sample Specifications STEEL ROOF DECK May, 2007 1.06 DELIVERY, STORAGE AND HANDLING A. Store decking on dry wood sleepers; slope for positive drainage. 1.07 FIELD MEASUREMENTS A. Verify that field measurements are as shown on Drawings. PART PRODUCTS 2.01 MATERIALS AND FABRICATION A. Sheet Steel: ASTM A611, Grade C, D or E, or ASTM A-446 Grades A through F, galvanized per ASTM A525. Minimum yield of 33KSI. B. Welding Materials: AWS D1.1 and AWS D1.3. C. Touch-up Primer: Red oxide type. D. Metal deck data, height and minimum metal thickness (excluding finish). 1. 22 gage standard - 1-1/2" - Type B 2. 20 gage acoustical - 2" - VERSA-DEK or approved equal. E. Length 16 feet, minimum. F. Width - 22 gage standard - 36'; 20 gage acoustical and standard - 24". G. Acoustical deck to have 3132" diameter holes at 3/8" o.c. by Consolidated Systems, Inc., or equal. Roof deck shall be provided with fiberglass batts sealed in plastic wrap and placed in cells of deck. Deck assembly shall meet the following acoustical properties. H. Acoustical batts shall be sealed at any and all penetrations to prevent moisture penetration into the fiberglass. 1. Acoustical Performance: 2. Minimum Sound Absorption Coefficients per ASTM C423 and Noise Reduction Coefficient NRC as follows: NRC .85. 3. Frequency in Hz 125 250 500 1000 2000 4000 4. Absorb. Coeff. .61 1.01 1.01 .85 .49 .27 Bacon Group, Inc. Sample Specifications May, 2007 PART 3 EXECUTION 3.01 EXAMINATION SECTION 05311 STEEL ROOF DECK A. Verify that field conditions are acceptable and are ready to receive work. B. Beginning of installation means installer accepts existing conditions. 3.02 INSTALLATION A. Erect metal decking in accordance with SDI Design Manual for Composite Decks, Form Decks, Roof Decks, and for diaphragm action, and in accordance with deck manufacturer's recommendations. B. All deck attachments shall be concealed from view. Deck to structure attachment shall be at the trusses only and the roof system to deck attachment shall be to the non - exposed flutes. C. Bear decking on steel supports with 3 inch minimum bearing. Align and level. D. Secure to all supporting members and edge angles with 5/8"0 puddle welds. Spacing and pattern as indicated on drawings. E. Lap sides joints and fasten with #10 TEK screws. Spacing and pattern as indicated on drawings. F. Comply with AWS 13-89 for welding procedures, appearance and quality of welds. Use welding washers as recommended by deck manufacturer. G. Weld in accordance with AWS D1.1 and AWS D1.3. H. Install 6 inch minimum wide sheet steel cover plates, of same thickness as decking, where deck changes direction. Mechanically attach 12 inches o.c. maximum. Install sheet steel closures and angle flashings to close openings between deck and walls, columns and openings. Immediately after welding deck and other metal components in position, coat welds, burned areas and damaged surface coating, with touch-up prime paint. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 06000 CARPENTRY WORK PART1 GENERAL 1.01 WORK INCLUDED A. General carpentry, finish carpentry, and cabinet work. 1.02 QUALITY ASSURANCE SECTION 06000 CARPENTRY WORK Page 1 A. Carpentry Lumber: Visible grade stamp, of agency certified by National Forest Products Association (NFPA). B. When applicable, fabricate cabinetwork and site made finish carpentry items in accordance with recommendations of Quality Standards of Architectural Woodwork Institute (AWI). 1.03 SUBMITTALS A. Submit shop drawings. B. Indicate hardware, direction of swing of cabinet doors, details of anchorages at the back and sides of cabinets, details relative to adjacent materials including masonry, etc., dimensions in open and closed position. C. Submit samples of standard colors and patterns of plastic laminate and solid surfaces for selection. 1.04 DELIVERY, STORAGE AND HANDLING A. Do not deliver shop fabricated carpentry items until site conditions are adequate to receive the work. Protect items from weather while in transit. B. Store indoors, in ventilated areas with a constant, minimum temperature of 60 degrees F, maximum relative humidity of 25 to 55 percent. PART PRODUCTS 2.01 FINISH CARPENTRY AND CABINETWORK MATERIALS A. Marine Grade plywood: All animal housing areas including the exam rooms and as indicated on the drawings and where cabinets, shelving or other items constructed of plywood are specifically scheduled such shall be constructed of marine grade plywood conforming to U.S. Product Standards. B. Overlay plywood: Where cabinets, shelving or other items constructed of plywood are specifically scheduled to be painted, such shall be constructed of overlay plywood conforming to U.S. Product Standard PSI-74, B.B. Medium Density Overlay. C. Plywood: Plywood shall bear manufacturer's association stamp except where exposed to view. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 06000 CARPENTRY WORK Page 2 1. Standing and Running Trim as indicated: Clear All Heart Redwood (RIS), for boards, worked products and dimension lumber. 2. Concealed plywood: Common plywood, 4' x 8' sheets, of thickness shown, Douglas Fir or Seattle Fir, Grade A -A, or A-D, exterior glue. D. Solid Plastic: 1. All counter tops. 2. All sides of he cat housing units. 3. All Other Areas Not Specifically Listed: Determined by architect upon submittal review. 4. Thickness shall be as indicated on the drawings including routered nosing section. E. Laminated plastic: Solicore melamine -impregnated paper pressed over phenolic - impregnated kraft layers, and conforming to NEMA Publication No. LD3-975, GP50- Abrasion Class 1. 1. Acceptable manufacturers: a. Formica b. Or approved equal. 2. Thickness for all surfaces: 0.050". 3. Laminates shall be: a. All surfaces other than the counter tops: Laminate: F. Wood trim, cabinet stiles and rails: 1. Soft wood: Clear "C" or better (when covered by laminated plastic). 2. Hardwood: AWI "Premium" Quality. 3. Where hinges or other attachments requiring screws for holding power in concealed wood are required, lumber shall be one of the following: a. Birch. 4. Where screw holding power is not required, concealed lumber shall be any of the above, or Ponderosa Pine, or Poplar. 5. Lumber scheduled or detailed to be covered with laminate plastic shall be one of the following (subject to above requirements): a. Southern Yellow Pine. Bacon Group, Inc. SECTION 06000 Sample Specifications CARPENTRY WORK May, 2007 Page 3 b. Poplar. C. Birch. d. Fir. 6. Lumber used for construction of bins, shelving support or otherwise located in storage rooms, utility rooms, mechanical or electrical rooms, or in janitor closets shall be of one of the following at the Contractor's option: a. Southern Yellow Pine. b. Birch. 7. Lumber scheduled to be painted or enameled shall be one of the following, at the Contractor's option: a. Southern Yellow Pine. b. Birch. C. (Do not use fir plywood in this application.) G. Backing sheets: 0.020" phenolic impregnated craft paper. H. Adhesives: Use adhesives meeting strength and rate of loading, moisture resistance and heat resistance requirements set forth in AWI 100-G-11. Do not use glue containing formaldehyde. Submit manufacturer's data on adhesive. Adhesive Type Normal Use Phenolic resin Generally for moisture resistance. I. Hardware: Cabinet pulls shall be Hewi or approved equal. 2.02 UTILITY SHELVING A. Quality Standard: Comply with AWI Section 600. 1. Grade: Custom. 2. Shelving Material: Medium density plywood with laminate finish. 2.03 UTILITY SHELVING HARDWARE A. Adjustable Shelf Standards and Related Supports: Provide standards and supports of type indicated which comply with ANSI/BHMA A156.9. 1. Support Type: Open shelf rest, BHMA No. B84091, zinc -plated steel. 2. Shelf Brackets: Size required to support shelving widths indicated, BHMA No. B84112, zinc -plated steel. 2.04 CABINET HARDWARE A. Provide hardware by the following or an approved equal. Bacon Group, Inc. SECTION 06000 Sample Specifications CARPENTRY WORK May, 2007 Page 4 B. Shelf Standards and Rests: Knape & Vogt 255 and 239, Sagatsune Co. C. Shelf Brackets: Knape & Vogt 255 and 239. D. Drawers and Door Pulls: Hewi 158.75.0. Finish 90. E. Drawer Slides: Knape & Vogt, Grant. F. Hinges: Stanley, Blum. G. Cabinet Locks: Corbin, Sagatsune Co. 2.05 FABRICATION A. Fabricate cabinetwork and finish carpentry items in accordance with recommendations of AWI and to extent indicated on the Drawings. Shop fabricate items where possible. B. Fit shelves, doors and exposed edges with 3/8 inches thick matching hardwood and plastic edging. Use full length pieces only. C. Cabinetwork Doors: Minimum 3/4 inches thick and of type construction indicated in Schedule. D. Apply plastic laminate finish in full uninterrupted sheets consistent with manufactured sizes. Corners and joints are to be hairline. Locate counter butt joints at least 2 feet from sink cut-outs. E. Cap exposed plastic laminate edges with material of same finish and pattern. Mechanically fasten splash backs to counter -tops with steel brackets at 16 inches on center. F. Apply laminate backing sheet to reverse side of plastic laminate finished surfaces. G. Apply cork as detailed. Make corners and joints hairline. H. Use exposed fastening devices or nails only when unavoidable. I. Shop assemble cabinetwork and finish carpentry items for delivery to site in sizes easily handled and to ensure passage through building openings. 2.06 PREPARATION OF FINISH CARPENTRY ITEMS AND CABINETWORK FOR FINISHING A. Sand work smooth and set exposed nails and screws. Apply wood filler in exposed nail and screw indentations and leave ready to receive site applied finishes. On items to receive transparent finishes, use wood filler that matches surrounding surfaces and of types recommended for applied finishes. B. Seal, stain and varnish concealed and semi -concealed surfaces. Brush apply only. C. Preservative treat surfaces in contact with cementitious materials. D. Provide cutouts for plumbing fixtures, inserts, appliances, outlet boxes and other fixtures and figments. Verify locations of cutouts from site dimensions. Prime paint contact surfaces of cutouts. Bacon Group, Inc. Sample Specifications May, 2007 2.07 WOOD TREATMENT SECTION 06000 CARPENTRY WORK Page 5 A. Shop pressure treat and deliver to site ready for installation, wood materials requiring UL fire rating and pressure impregnated preservatives. Provide UL approved identification on fire resistant treated materials. Delamination or deterioration of the plywood shall be the responsibility of the contractor. Materials requiring both fire rating and pressure treating shall be certified to not deteriorate in any manner. B. Ensure finish carpentry materials requiring stain and paint finish does not exceed standard moisture content before applying wood preservative treatment. PART 3 EXECUTION 3.01 FRAMING, FURRING AND STRIPPING A. Erect wood framing, furring, stripping and nailing members true to lines and levels. Do not deviate from true alignment more than 1/16 inch. B. Space members at 16 inches on center. C. Construct members of continuous pieces of longest possible lengths. 3.02 INSTALLATION OF FINISH CARPENTRY ITEMS AND CABINET WORK A. Set and secure cabinetwork and finish carpentry items in rigid, plumb and square. B. Use purpose designed fixture attachments for mounted components. C. Use threaded steel concealed joint fasteners to align and secure adjoining cabinet units and counter tops. D. When necessary to cut and fit on site, make material with ample allowance for cutting. Provide trim for scribing and site cutting. E. Permanently fix cabinet and counter bases to floor using appropriate angles and anchorages. F. Counter -sink semi -concealed anchorage devices used to wall mount components and conceal with solid plugs of species to match surrounding wood. Place flush with surrounding surfaces. G. Carefully scribe cabinetwork which is against other building materials, leaving gaps of 1/32 inch maximum. Do not use additional overlay trim for this purpose. H. Install and adjust cabinet hardware to correct operation. I. Install hardware, fixtures and accessories supplied under other Sections for installation. Install items in accordance with manufacturer's instructions. Ensure that mechanical and electrical items affecting this Section of work are properly placed, complete and have been inspected by the Architect prior to commencement of installation. END OF SECTION Bacon Group, Inc. SECTION 08111 Sample Specifications STANDARD STEEL DOORS AND FRAMES May, 2007 Page 1 SECTION 08111 STANDARD STEEL DOORS AND FRAMES PART1 GENERAL 1.01 WORK INCLUDED A. Non -rated and fire rated rolled steel doors, panels, frames, anchors, finishes, etc. B. Interior light frames. C. No knock -down frames shall be allowed for this project. 1.02 REFERENCES A. ASTM E152 - Methods of Fire Tests of Door Assemblies. B. NFPA 80 - Fire Doors and Windows. C. NFPA 252 - Fire Tests for Door Assemblies. D. SDI-100 - Standard Steel Doors and Frames. E. SDIA 05 - Recommended Erection Instructions for Steel Frames. F. UL 10B - Fire Tests of Door Assemblies. 1.03 QUALITY ASSURANCE A. Conform to requirements of SDI-100. B. Fire rated door and frame construction to conform to NFPA 252. C. Installed frame and door assembly to conform to NFPA 80 for fire rated class indicated on Drawings. 1.04 REGULATORY REQUIREMENTS A. Conform to applicable code for fire rated frames and doors. 1.05 SUBMITTALS A. Indicate frame configuration, anchor types and spacings, location of cutouts for hardware, reinforcement, and finish. B. Indicate door elevations, internal reinforcement, closure method, and cut outs for glazing. C. Submit manufacturer's installation instructions. 1.06 DELIVERY, STORAGE AND PROTECTION A. Protect doors and frames with resilient packaging sealed with heat shrunk plastic. B. Break seal on -site to permit ventilation. Bacon Group, Inc. Sample Specifications May, 2007 PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Republic Steel Corp. B. Steelcraft Mfg. Co. C. Ceco Corp. D. Benchmark 2.02 DOORS AND FRAMES SECTION 08111 STANDARD STEEL DOORS AND FRAMES Page 2 A. Exterior Doors: SDI-100 Grade II, Model 2. B. Interior Doors: SDI-100 Grade II, Model 1. C. Exterior Frames: 16 gage thick material, core thickness. D. Interior Frames: 16 gage thick material, core thickness. 2.03 DOOR CORE A. Core: Interior: honey comb. Exterior: polystyrene or polyurethane insulation. Steel channel grid. 2.04 ACCESSORIES A. Rubber Silencers Resilient rubber. B. Glazing Stops: Rolled steel channel shape, butted corners; prepared for countersink style tamper proof screws. 2.05 PROTECTIVE COATINGS A. Bituminous Coating: Fibered asphalt emulsion. Field applied. B. Primer: Zinc chromate type. 2.06 FABRICATION A. Fabricate frames as welded unit type. No knock -down frames shall be allowed. B. Fabricate frames and doors with hardware reinforcement plates welded in place. Provide mortar guard boxes. C. Reinforce frames wider than 48 inches with roll formed steel channels fitted tightly into frame head, flush with top. D. Prepare frame for silencers. Provide three single rubber silencers for single doors and mullions of double doors on strike side, and two single silencers on frame head at double doors without mullions. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 08111 STANDARD STEEL DOORS AND FRAMES Page 3 E. Attach fire rated label to each frame and door unit. F. Close top edge of exterior door flush with inverted steel channel closure. Seal joints watertight. G. Configure exterior frames with special profile to receive snap -in weather-stripping. H. Fabricate frames for masonry wall coursing with 4-inch head member. 2.07 FINISH A. All Door and Frame Units: Shall be commercial grade sheet steel complying with ASTM A 526, with ASTM A 525, galvanized with G60 hot dipped zinc coating, mill phosphatized. B. Primer: Baked on. C. Finish: Standard baking epoxy of color selected by Architect. D. Coat inside and exterior of frames with bituminous coating to a thickness of 1/16 inch. Coating may be shop or field applied, specify accordingly. PART 3 EXECUTION 3.01 INSTALLATION A. Install frames in accordance with SDI-105. B. Install doors in accordance with DHI. C. Coordinate with masonry and/or wallboard wall construction for anchor placement. D. Coordinate installation of glass and glazing. E. Install roll formed steel reinforcement channels between two abutting frames. Anchor to structure and floor. 3.02 TOLERANCES A. Maximum Diagonal Distortion: 1/16 inch measured with straight edge, corner to corner. 3.03 ADJUSTING AND CLEANING A. Adjust hardware for smooth and balanced door movement. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 08115 PLASTIC DOORS AND FRAMES SECTION 08115 PLASTIC DOORS AND FRAMES Page 1 PART1 GENERAL 1.01 WORK INCLUDED A. All interior fiberglass reinforced plastic doors and frames located as indicated on the door schedule. 1.02 REFERENCES A. ASTM E152 - Methods of Fire Tests of Door Assemblies. B. DHI - Door Hardware Institute: The Installation of Commercial Steel Doors and Steel Frames, Insulated Steel Doors in Wood Frames and Builder's Hardware. C. NFPA 80 - Fire Doors and Windows. D. NFPA 252 - Fire Tests for Door Assemblies. E. UL 10B - Fire Tests of Door Assemblies. 1.03 WARRANTY A. Manufacturer shall provide an unconditional guarantee for ten years against failure due to corrosion. 1.04 QUALITY ASSURANCE A. Fire rated door and frame construction to conform to NFPA 252. B. Installed frame and door assembly to conform to NFPA 80 for fire rated class indicated on Drawings. 1.05 REGULATORY REQUIREMENTS A. Conform to applicable code for fire rated frames and doors. 1.06 SUBMITTALS A. Shop drawings shall provide pertinent dimensions, hardware locations, louver locations and dimensions, and door elevations. B. Mortises for hardware must be molded at the factory as the door is fabricated. Mortises shall not be routed or cut out of the stile structure or the jambs. C. Submit manufacturer's installation instructions. 1.07 DELIVERY, STORAGE AND PROTECTION A. All materials shall be delivered to the site in sealed, undamaged containers fully identified wit the manufacturer's name, project number, the tag location, door type, color and Bacon Group, Inc. Sample Specifications May, 2007 SECTION 08115 PLASTIC DOORS AND FRAMES Page 2 weight. The doors and frames must be shipped in wood crates with wood perimeters. Store materials in original cartons, on edge in such a way to prevent falling or damage to face, corners and edges. B. Protect doors and frames with resilient packaging sealed with heat shrunk plastic. C. Break seal on -site to permit ventilation. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Corrim Company Model Fiberglass (FRP) Door, or approved equal. 2.02 DOORS AND FRAMES A. Doors shall be made of fiberglass, solid, reinforced plastic (FRP) having a plastic content of 25% by weight. Doors shall be flush construction or with louvers to match existing construction, having no seams or cracks. All mortises shall be molded at factory. The doors shall be 1-3/4" thick with a 15 mil color gel coat. The R-value shall be 12. The secondary painting over the pultrusions to achieve color shall not be accepted. B. Stiles and Rails: Shall be constructed starting from the outside toward the inside, of a 15- 20 mil gel coat of the color selected followed by a matrix of at least three layers of 1.5 mil ounce per square foot of fiberglass mat. The stile and rail shall be molded in one continuous piece to a U-shaped configuration and to the exact dimension of the door. There shall be no mitered joint or disparate materials used. Pultrusions will not be acceptable for stiles and rails. C. Door plates: Shall be molded in one continuous piece, starting with a 15-20 mil gel coat of the color specified or selected by the Architect, integrally molded with at least two layers of 1.5 ounce per square foot fiberglass mat and layer of 16 ounce per square yard unidirectional glass roving. D. Reinforcement: Adequate reinforcing and compression members shall be used to accommodate surface hinges, closers, locksets, kickplates, and push or pull plates. When engineering considerations dictate, mild steel is buried in the fiberglass matrix. In no case shall screws be used into the fiberglass matrix to provide holding for hinges, locks or closures or a secured attachment. Thrubolting may be used for attachment of hinges, and closers. A compression member shall be provided. All voids between the door plates shall be completely filled with the equivalent of 4-6 pounds expanded polyurethane foam, having a flame spread of 25 or less per ASTM E- 84. A phenolic -coated kraft honeycomb may be substituted for urethane foam where engineering requirements dictate. 2.03 FLAME SPREAD A. All reinforcing resins shall contain haloginated additives or co -reactant plus Antimony Trioxide to achieve flame spread of 25 or less per ASTM E-84 an d shall be self - extinguishing per ASTM D-635 Bacon Group, Inc. SECTION 08115 Sample Specifications PLASTIC DOORS AND FRAMES May, 2007 Page 3 2.04 COLOR A. The color of the door and frame shall be integrally molded as the part is made and selected from the manufacturer's standard colors by the architect. 2.05 FRAMES A. Frames shall be similar to the doors in construction and materials except frames shall be solid fiberglass. The stop and frame shall be molded all in one piece. The frame shall be integrally gelcoated to the selected color when molded. Mortises shall be molded in. No mortises shall be routed in or remove any material from the head or jambs to provide mortises. B. Reinforcement for mounting hinges, closers, etc. shall be of mild steel plates strategically located and buried in the resin -glass matrix so they are not exposed. C. The jambs shall be flat on the backside (against the opening) and uniform in thickness so as to provide a solid, uniform surface against the wall opening. No wood blocks or spacers are permitted. 2.06 HARDWARE A. All hardware provided as indicated in Section 08710. Hardware shall be installed at the door manufacturing plant. The hardware manufacturer's warranty shall be included with the hardware installation. B. Prepare frame for silencers. Provide three single rubber silencers for single doors and mullions of double doors on strike side, and two single silencers on frame head at double doors without mullions. C. Attach fire rated label to each frame and door unit. D. Configure exterior frames with special profile to receive snap -in weather-stripping. E. Fabricate frames for masonry wall coursing as indicated on the drawings. Doors have been sized for standard hollow metal doors. Actual door sizes shall be applied to frames provided. PART 3 EXECUTION 3.01 INSTALLATION A. Installation shall be in strict compliance with manufacturer's written instruction using no - corrosive materials and methods. B. Install new exterior doors and frames to match existing profiles. C. Install doors in accordance with DHI. D. Coordinate with masonry and/or wallboard wall construction for anchor placement. E. Coordinate installation of glass and glazing. Bacon Group, Inc. Sample Specifications May, 2007 3.02 TOLERANCES SECTION 08115 PLASTIC DOORS AND FRAMES Page 4 A. Maximum Diagonal Distortion: 1/16 inch measured with straight edge, corner to corner. 3.03 ADJUSTING AND CLEANING A. Adjust hardware for smooth and balanced door movement. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 08200 ALUMINUM FLUSH DOORS AND FRAMES Page 1 SECTION 08111 ALUMINUM FLUSH DOORS AND FRAMES PART1 GENERAL 1.01 WORK INCLUDED A. Non -rated flush aluminium doors, panels, and frames. B. Louvers. 1.02 QUALITY ASSURANCE A. Provide manufacturer standard warranty. 1.03 SUBMITTALS A. Indicate frame configuration, anchor types and spacings, location of cutouts for hardware, reinforcement, and finish. B. Indicate door elevations, internal reinforcement, closure method, and cut outs for louvers. C. Submit manufacturer's installation instructions. 1.04 DELIVERY, STORAGE AND PROTECTION A. Protect doors and frames with resilient packaging sealed with heat shrunk plastic. B. Break seal on -site to permit ventilation. PART 2 PRODUCTS 2.01 DOORS AND FRAMES A. Doors: As manufacturered by: Cline Aluminum Doors, Inc. 112 — 32nd Avenue West, Bradenton, Florida 34205-8907 Telephone: (800) 648-6736, (941) 746-4104; Fax: (941) 746-5153 Website: www.clinedoors.com, Email: info .clinedoors.com; B. Extruded tube of 1-3/8"x5" 6063-T5 aluminum alloy with .125" minimum wall thickness and shall be fabricated with steel plated through bolts in all cross rails. Door clearance shall not be more than 1/8" at head and jambs. Door bottom shall be provided with 3/8" undercut space between finish floor and bottom of door. Planted edges at stiles shall be bevelled 1/8" in two inches with a wool pile weatherstrip seal. All hinges and lock back-up plates shall be a minimum of 1/8" thick. All exposed fasteners shall be stainless steel. C. Panels: Panels shall be 1-3/4" thick. All panels will be of one piece construction for added stability. Panel construction (5 ply) shall be: two pieces of .040" #3003-H14 aluminum alloy facing Fed. Spec. QQ-A-250/2c) vertically ribbed embossed pattern laminated to .125" tempered hardboard. The core shall be honeycomb material 80 lbs. per square foot ream, 20% phenolic resin, 7/16" cell size. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 08200 ALUMINUM FLUSH DOORS AND FRAMES Page 2 D. Louvers: Frames and blades to be 6063-T5 aluminum alloy with a minimum 0.62 thickness. All fasteners to be stainless steel. Insect screens shall be 14-18 mesh, .013 diameter alclad aluminum of 1/2' mesh galvanized birdscreen, set in a .050 extruded frame. E. Hardware Preparation: Doors shall be prepared for hinges and locks (spindle holes in face of door). Doors receiving surface applied hardware shall be drilled and tapped in the field. F. Finishes: All surfaces shall have Alumilite finish 204R1 with a minimum coating thickness of 0.4 mils and an aluminum coating weight of 17 mgm per square inch. The coating shall be sealed and shall be a type that will maintain the natural color of the aluminum. 2.02 FABRICATION A. Fabricate frames and doors with hardware reinforcement plates welded in place. Provide mortar guard boxes. B. Reinforce frames wider than 48 inches with roll formed steel channels fitted tightly into frame head, flush with top. PART 3 EXECUTION 3.01 INSTALLATION A. Install frames in accordance with SDI-105. B. Install doors in accordance with DHI. C. Coordinate with masonry wall construction for anchor placement. D. Anchor to structure. 3.02 TOLERANCES A. Maximum Diagonal Distortion: 1/16 inch measured with straight edge, corner to corner. 3.03 ADJUSTING AND CLEANING A. Adjust hardware for smooth and balanced door movement. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09210 SPRAY APPLIED ACOUSTICAL CEMENT PLASTERS Page 1 SECTION 09210 SPRAY APPLIED ACOUSTICAL CEMENT PLASTERS PART 1 GENERAL 1.01 WORK INCLUDED A. Extent of sprayed on decorative/acoustical insulation is indicated on drawings. 1.02 QUALITY ASSURANCE A. Provide Portland Cement -Vermiculite material which as been tested to and achieved the following values: Test Method/ Authority Property ASTM E605 Density ASTM E761 Comprehensive Strength ASTM E 736-86 Bond Strength ASTM E-84-87 Surface Burning Characteristics ASTM C423-84A Sound Absorption University of Pittsburg Toxicity Test Value 31 Lbs/Cu FT 400 psi 2300 Lbs/Sq Ft 0 Flame Spread 0 Smoke Developed 0.60 NCR@1" Thick 0.50 NCR@1/2" Thick LC50 E 300 Grams ASTM E136 Combustibility Non -Combustible B. Provide testing results and procedures, which have been certified by Cedar Knolls Acoustical Labs or other independent testing laboratories. Thickness of test samples must be determined and reported by acoustical laboratory. Nominal thicknesses are not acceptable unless peak thicknesses are also reported. 1. NRC not less that 0.60 at 1 inch thickness and coefficient not less that 0.35, + or - 0.03, at 250 Hz. Conduct testing on solid backing with on air gap. 2. Installer: licensed by manufacturer. 3. Control Sample: Prior to installation of final coat, apply an area of 50 sq. ft. in The presence of the architect, for approval of finish texture, as selected from samples. Sample shall be applied to the sample masonry wall of 4'x4' placed at a location selected by the Owner. The mock sample shall be removed after sample approval and after final installation is complete. Bacon Group, Inc. Sample Specifications May, 2007 1.03 SUBMITTALS SECTION 09210 SPRAY APPLIED ACOUSTICAL CEMENT PLASTERS Page 2 1. Submit manufacturer's installation instructions, test data substantiating compliance with quality assurance. 2. Submit 12 inch square sample of sprayed on insulation showing texture variations for approval. Resubmit as required until approved. Manufacturer must certify all samples that they are representative of the texture, which was acoustically tested in supporting acoustical test reports. 3. Submit test reports form all suppliers showing material to be 100% free of asbestos, mineral fiber, polystyrene and cellulose. 4. Submit certification of applicator licensing. 5. Submit acoustical test data for specified finish. 1.04 MATERIAL HANDLING Keep material dry until ready to use. 1.05 WARRANTY Manufacturer shall warrant the material to be supplied, agreeing to repair/replace that which has cracked, flaked, dusted excessively, peeled or fallen from substrate, or otherwise deteriorated to a condition where it would not perform effectively as intended for a sound absorbent purpose; due to defective materials and not due to abuse, improper maintenance, unforeseeable ambient exposures, oar other caused beyond anticipated conditions by manufacturer. The warranty period will be 10 years from date of substantial completion. PART 2 PRODUCTS 2.01 MATERIALS 1. Materials shall be Acoustement 30 manufactured by Pyrok, Inc. Mamaroneck, N.Y. (914) 777-7070, similar Sonotex product manufactured by W.R. Grace or equal. System shall be confirmed with substrate. Pyrock system may vary accordingly. 2. Color shall be integral with the plaster mix. The architect or engineer shall select the color. 3. Texture shall be selected be the architect upon submittal. 4. Thickness shall be approximately 1-1/2". PART 3 EXECUTION 3.01 INSPECTION AND PREPARATION Examine all substrate and conditions. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09210 SPRAY APPLIED ACOUSTICAL CEMENT PLASTERS Page 3 2. Assure substrate is free of oil, grease, dirt, paint, or other matter, which would impair bond or install metal lath as recommended by the manufacturer. 3. Do not proceed until said substrate and conditions are acceptable. 4. Prepare substrate by filling voids and cracks and offsets, remove projections that result in telegraphing presence of imperfections. 5. Prime substrate with primer or bonding agent as recommended by the manufacturer. 6. Do not apply insulation material when temperature is below 44 degrees F (ambient), or substrate is below 40 degrees F. 7. Mask all adjoining surfaces in order to minimize damage from overspray. 8. Provide ventilation if required, and avoid excess drying rates. 9. Provide tarps or temporary enclosures as necessary to confine operations. 10. Perform all patching and repairing of insulation required to be done due to cutting, etc., by other trades. 3.02 APPLICATION Apply in accordance with manufacturer's printed instructions using rotarystator plastering pump or other spray equipment approved by the manufacturer. 2. Install to thickness indicated or thickness required achieving NRC specified. 3. Ensure that texture and color are all as per control sample. 3.03 CLEANING AND PATCHING Remove overspray and fall out material immediately upon completion of the work in each area. Clean surfaces to remove evidence of soiling. Repair or replace damaged work surfaces to acceptable conditions. 2. Coordinate work with other work, to minimize possibility of damage to insulation resulting from performance of subsequent work. As other units of work are completed in each area, patch damaged areas or surfaces of insulation by over spraying to match original installation, or by patching procedures as required to provide acceptable results. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09500 ACOUSTICAL WALL PANELS PART1 GENERAL 1.01 DESCRIPTION OF WORK SECTION 09500 ACOUSTICAL WALL PANELS Page 1 A. Provide labor, materials, equipment and incidentals as required to furnish and install the following in locations selected by the architect. Note: The fabrics and colors must be coordinated w/Architect) 1.02 COORDINATION A. Coordinate acoustical wall panel work with installers of other trades including but not necessarily limited to masonry, gypsum drywall, electrical systems and mechanical systems, and other finishes trades. 1.03 SUBSTITUTIONS A. Prior Approval: Unless otherwise provided for in the Contract Documents, proposed product substitutions may be submitted according to Instructions to Bidders. B. Submittals that do not provide adequate data for product evaluation will not be considered. The proposed substitutions must meet all requirements of this Section, including, but not necessarily limited to the following: Single source materials supplier (if specified under Quality Assurance); Acoustical performance, Fire rating (if any), including UL assembly listings; Special function performance (if any); Panel design, size, composition, color, and finish; Suspension system component profiles and sizes; Compliance with the reference standards. 1.04 REFERENCES A. ASTM STANDARDS ASTM C423 "Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method" 2. ASTM E84 "Standard Test Method for Surface Burning Characteristics of Building Materials" ASTM E413 "Standard Test method for Determination of Sound Transmission Class" 1.05 SUBMITTALS A. Product Data: Submit manufacturer's technical literature, specifications and installation instructions for the type of panel required. B. Shop Drawings: Submit shop drawings, including specific fastening details which are not fully shown in manufacturer's data. Show relationship to adjoining work and location of seams and joints. Bacon Group, Inc. SECTION 09500 Sample Specifications ACOUSTICAL WALL PANELS May, 2007 Page 2 C. Samples: Acoustical Wall Panels (sample size not less than 6" x 6" and no larger than 12" x 12"); sample must indicate edge detail specified. D. Certifications: Manufacturer's certifications that product comply with specified requirements, including laboratory reports showing compliance with specified tests and standards. 1.06 QUALITY ASSURANCE A. Single Source Responsibility: To insure proper interface and color match, all acoustical panel units and grid components shall be produced or supplied by a single manufacturer. 1.07 ENVIRONMENTAL REQUIREMENTS A. The building shall be enclosed; air conditioning system shall be operating with proper filters in place; and proper temperature and humidity conditions shall be stabilized before, during, and following installation until Substantial Completion. 1.08 EXTRA MATERIALS A. Provide extra acoustical fabric materials in unopened clearly marked cartons equivalent to 2% of the total quantity of installed acoustical panels. 1.09 DELIVERY STORAGE AND HANDLING A. Prior to installation, allow acoustical panel units to reach room temperature and have a stabilized moisture content within the acoustical panel unit manufacturer's recommended limitations. B. Deliver materials in manufacturer's unopened packages; suitably store to protect against exposure to moisture, sunlight, surface contamination, and any other adverse conditions. C. Handle components to prevent any damage to components. Take particular care to prevent edge damage. PART2 PRODUCTS 2.01 ACOUSTICAL WALL PANEL SYSTEM A. There shall be 16 each 4'x4' panels provided at locations selected by the Architect. Product and Manufacturer: AphaSorb Fabric Wrapped Wall Panels as manufactured by Acoustical Materials, Inc. B. Components: Panels shall comprise of 1" thick 10 TC rigid fiberglass board with 1/4" cork laminate. Color of the fabric will be selected from a manufacturer's standard colors. Edge detail shall be beveled. C. Edge Panel: Edge panel shall be framed to a minimum depth of 1/8" with chemical hardener to provide damage resistant, non warpable edges. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09500 ACOUSTICAL WALL PANELS Page 3 D. Size: All panels shall be as approved by the shop drawings and presized in the manufacturer's plant from exact field dimensions and conform to a tolerance of 1/8". E. Attachment: Manufacturer shall provide panels with concealed panel hardware permanently mounted to the panel backs with a chemical hardener. F. Fabric: Fabric shall be bonded directly to the cork panel face and returned at the edges to the back of the panel. Manufacturer must ensure flat, wrinkle -free surface and tailored corners. G. Fire Rating: Panels shall have a composite flame spread rating of 25 per AST E 84. H. Sound Absorption: Panels shall have a minimum NRC 0-f .90 per ASTM C423. PART 3 EXECUTION 3.01 PREPARATION A. Do not proceed with installation until all wet work such as gypsum board work and painting has been completely and thoroughly dried out, unless expressly permitted by manufacturer's printed recommendations. 3.02 'INSTALLATION A. General: All acoustical panels shall be installed in strict accordance with the manufacturer's printed instructions and current recommendations. B. Installation shall be installed with the manufacturer's standard mechanical attachments. 3.03 ADJUSTMENT AND CLEANING A. Clean acoustical wall panels, including trim and edge in accordance with manufacturer's recommendations. Verify that installation is plumb, level and square; make such adjustments as necessary. Remove and replace any damaged components that cannot be successfully restored. Remove and dispose of shipping containers and debris. END OF SECTION Bacon Group, Inc. SECTION 09511 Sample Specifications SUSPENDED ACOUSTICAL CEILINGS May, 2007 Page 1 SECTION 09511 SUSPENDED ACOUSTICAL CEILINGS PART1 GENERAL 1.01 WORK INCLUDED A. Suspended metal grid ceiling system including, but not limited to, wire hangers, fasteners. main runners, cross tees, and wall angle mounting. Additional or larger size wires, as required to properly support lighting fixtures, shall be furnished and installed by the Electrical Installer under Division 16 - Electrical. B. Acoustical tile and panels. C. Perimeter trim. 1.02 REFERENCES A. ASTM C423 - Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method. B. ASTM C635 - Metal Suspension Systems for Acoustical Tile and Lay -in Panel Ceilings C. ASTM C636 - Installation of Metal Ceiling Suspension Systems for Acoustical Tile and Lay - in Panels. D. ASTM E413 - Standard Test Method for determination of Sound Transmission Class. E. ASTM E1264 - Standard Classification for Acoustical Ceiling Products. 1.03 SYSTEM DESCRIPTION A. Installed System: Conform to Class 0-25 UL rating for ceiling and floor, ceiling and roof assembly. 1.04 QUALITY ASSURANCE A. Manufacturer: Company specializing in manufacture of ceiling suspension system and ceiling tile with three years minimum experience. B. Installer: Company with three years minimum documented experience approved by manufacturer. 1.05 REGULATORY REQUIREMENTS A. Conform to applicable code for fire rated assembly. 1.06 SUBMITTALS A. Indicate on shop drawings, pattern of ceiling tile "Critters", grid layout and related dimensioning, junctions with other work or ceiling finishes, interrelation of mechanical and electrical items related to system. Bacon Group, Inc. SECTION 09511 Sample Specifications SUSPENDED ACOUSTICAL CEILINGS May, 2007 Page 2 B. Provide product data on metal grid system components and acoustic units. C. Submit two samples, full size 24 inch in size, illustrating material and finish of acoustic units. 1.07 ENVIRONMENTAL REQUIREMENTS A. The building shall be enclosed. Maintain uniform temperature of minimum 60 degrees F (16 degrees C), and humidity of 20 to 40 percent prior to, during, and after installation. 1.08 SEQUENCING/SCHEDULING A. Do not install acoustical ceilings until building is enclosed, sufficient heat is provided, dust - generating activities have terminated, and overhead work is completed, tested, and approved. B. Schedule installation of acoustic units after interior wet work is dry. 1.09 EXTRA STOCK A. Provide 1 percent of each type of ceiling installed of extra tile in unopened clearly marked cartons. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS- SUSPENSION SYSTEM A. Armstrong B. Donn C. U.S. Gypsum Interiors D. 200 Snap Grid; Chicago Metallic 2.02 SUSPENSION SYSTEM MATERIALS A. Grid: ASTM C635, intermediate duty, non -fire rated assembly, 15/16" exposed T; components die cut and interlocking. B. Structural Classification" Intermediate duty. Four foot tees shall carry a minimum of 12 lbs. per linear foot and also be rated intermediate duty. C. Accessories: Stabilizer bars, clips, splices, edge moldings, and hold down clips required for suspended grid system. D. Grid Materials: Commercial quality cold rolled steel with galvanized coating. E. Grid Finish: Black color. F. Support Channels and Hangers: Galvanized steel; size and type to suit application, to rigidly secure acoustic ceiling system including integral mechanical and electrical components with maximum deflection of 1/360. G. All Rooms: Donn, Armstrong, or USG. Bacon Group, Inc. Sample Specifications May, 2007 2.03 ACOUSTIC UNIT MATERIALS TYPE 1 - Mineral Fiber Tile A. Acoustic Tiles: Conforming to the following: 1. Size: 24 x 24 inches 2. Thickness: 1 inch 3. Composition: Mineral 4. NRC Range: 1.00 5. AC: 200 SECTION 09511 SUSPENDED ACOUSTICAL CEILINGS Page 3 6. Fire Hazard Classification: Class A; 0/25 AST 84 7. Edge: Angle tegular 8. Surface Color: White 9. Manuf.: Armstrong World Industries 10. Pattern: Optima; Open Plan with HumiGuard Plus PART 3 EXECUTION 3.01 INSPECTION A. Verify that existing conditions are ready to receive work. B. Verify that layout of hangers will not interfere with other work. C. Beginning of installation means acceptance of existing conditions. 3.02 INSTALLATION A. Install system in accordance with ASTM C636 and as supplemented in this Section. B. Install fire rated system in accordance with code requirements. C. Install system capable of supporting imposed loads to a deflection of 1/360 maximum. D. Install after major above ceiling work is complete. Coordinate the location of hangers with other work. E. Supply hangers or inserts for installation with instructions for their correct placement. Coordinate the installation of hanger clips. Provide additional hangers and inserts as required. F. Hang system independent of walls, columns, ducts, pipes and conduit. Where carrying members are spliced, avoid visible displacement of face plane of adjacent members. Bacon Group, Inc. SECTION 09511 Sample Specifications SUSPENDED ACOUSTICAL CEILINGS May, 2007 Page 4 G. Where ducts or other equipment prevent the regular spacing of hangers, reinforce the nearest affected hangers and related carrying channels to span the extra distance. H. Locate system on room axis according to reflected plan. I. Do not support components on main runners or cross runners if weight causes total dead load to exceed deflection capability. Support fixture loads by dependent supplementary hangers located to support components independently. J. Do not eccentrically load system, or produce rotation of runners. K. Install edge molding at intersection of ceiling and vertical surfaces, using longest practical lengths. Miter corners. Provide edge moldings at junctions with other interruptions. Field rabbet tile edge. L. Form expansion joints. Form to accommodate plus or minus one inch movement. Maintain visual closure. M. Fit acoustic units in place, free from damaged edges or other defects detrimental to appearance and function. N. Install acoustic units level, in uniform plane, and free from twist, warp and dents. P. Lay acoustic insulation for a distance of 48 inches either side of acoustic partitions as indicated. Q. Install hold-down clips to retain panels tight to grid system within 20 ft of an exterior door. R. Install light fixture boxes constructed of gypsum board above light fixtures in accordance with UL assembly requirements. 3.03 TOLERANCES A. Variation from Flat and Level Surface: 1/8 inch in 10 ft. B. Variation from Plumb of Grid Members Caused by Eccentric Loads: One degree maximum. END OF SECTION Bacon Group, Inc. SECTION 09652 Sample Specifications SHEET VINYL FLOOR COVERING May, 2007 Page 1 SECTION 09652 SHEET VINYL FLOOR COVERINGS PART1 GENERAL 1.01 SECTION REQUIREMENTS A. Submittals: Product Data and color Samples. B. Extra Materials: Deliver to Owner at least 20 linear feet (3 linear m) in roll form for each 500 linear feet (150 linear m) or fraction thereof, of each type and color of sheet vinyl floor covering installed. PART 2 PRODUCTS 2.01 SHEET VINYL FLOOR COVERING A. The Sheet vinyl flooring shall be one of the following: 1. Basis of Specification: Forbo Industries, Marmoleum Henna 3203, 48"x48". B. Sheet vinyl floor covering, with backing: 1. Meets or exceeds ASTM F 1700 2. Meets or exceeds ASTM F2195. 2. Fed Spec. SS-T-312B C. Static Load Limit: ASTM F-970 —1500 pounds per square inch. D. Sheet Width: As standard with manufacturer. E Seaming Method: Heat welded with recess scribe. F. Smoke: ASTM E 662 Smoke - 450 or less. G. Flame Resistance: 1. ASTM E-662/NFPA 258 (Smoke Density) — 450 or less. 2. ASTM E-648/NFPA 253 (Critical Radiant Flux) — Class 1. 3. FMVSS — 302 — Meets or exceeds. 2.02 INSTALLATION ACCESSORIES A. Trowelable Leveling and Patching Compounds: Latex -modified, portland cement- or blended hydraulic cement -based formulation provided or approved by floor covering manufacturer for applications indicated. B. Adhesives: Water-resistant type recommended by manufacturer to suit sheet vinyl floor and substrate conditions indicated. C. Heat -Welding Bead: Solid -strand product of floor covering manufacturer for heat -welding seams. 1. Color: As confirmed by the architect fro both standard and custom colors. D. Chemical Bonding Compound: Product of floor covering manufacturer for chemically Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09652 SHEET VINYL FLOOR COVERING Page 2 bonding seams. E. Cove Strip: 1-inch-(25.4-mm) - radius support for integral flash cove base provided or approved by floor covering manufacturer. F. Cove -Base Cap Strip: Square metal, vinyl, or rubber cap for integral flash cove base provided or approved by floor covering manufacturer. G. Metal Edge Strips: Extruded aluminum with mill finish of width shown, of height required to protect exposed edge of floor coverings, and in maximum available lengths to minimize running joints. PART 3 EXECUTION 3.01 INSTALLATION A. Maintain uniformity of sheet vinyl floor covering direction, and match edges for color shading and pattern at seams. B. Arrange for a minimum number of seams and place them in inconspicuous and low -traffic areas, but in no case less than 6 inches (150 mm) away from parallel joints in flooring substrates. C. Where indicated, cove sheet vinyl floor coverings up vertical surfaces, over cove support strip, to form integral base of height indicated, with top edge butted against and covered by cap molding. D. The installation of the flooring shall not begin until the work of all other trades has been completed. E. Areas should be cleaned, fully enclosed, weathertight with the permanent HVAC system set at a minimum of 68 Degrees F for a minimum of 72hours prior to, during and after the installation. The flooring material shall be conditioned in the same manner. F. Areas to receive flooring shall be adequately lighted to allow for the proper inspection of the substrate, installation and seaming of the flooring and final inspection. G. Floors shall be smooth , flat, permanently dry, clean and free of all foreign material such as dust, paint grease, oils, solvents, curing and hardening compounds, sealers, asphalt, and old adhesive residue. H. Patch and repair minor cracks and other imperfections with Portland -based patching compound. Moisture test the slab with a calcium chloride test. One test per 1000 square feet. The moisture emission from the concrete shall not exceed 5.0 Ibs per 1000 sq. ft. in 24 hours. Should the test results exceed the limitations, the installation shall not proceed until the problem has been corrected. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09699 WATER VAPOR REDUCTION PART1 GENERAL 1.01 SUMMARY: SECTION 09699 WATER VAPOR REDUCTION Page 1 A. Provide all labor, materials, tools fabrications, reinforcement, equipment and services for seamless resinous flooring as specified herein and/or as shown, detailed, scheduled, implied, required or otherwise indicated to provide a complete and proper installation. B. Related Sections — Coordinate work of this Section with work of other Sections to properly execute the work requirements and maintain satisfactory progress of work in other Sections. 1. Section 03300: Cast -In Place Concrete installation and curing requirements according to AC1302. 2. Section 09800: Resinous Flooring Systems 1.02 SUBMITTALS: A. General: Submit each item in this Article according to the, requirements and Conditions of the Contract in Division 1, Specification Sections. B. Product data for each type of product and process specified which shall include: 1. Manufacturer's Specification 2. Installation Instructions 3. Independent Test Data 4. Certification Requirements 5. Warranty Information C. Submit anhydrous calcium chloride testing according to ASTM F 1869-98, that shall be performed by the Owner's Testing Agency to the Architect, Owner, General Contractor and Water Vapor Reduction System Manufacturer's Representative. 1.03 QUALITY ASSURANCE: A. Qualifications of Applicator 1. Employ an Applicator currently approved by the manufacturer, experienced in surface preparation and application of the material and subject to inspection and control of the manufacturer. 2. Installer shall have no less than five (5) years experience installing the Koester water vapor reduction coating systems. Bacon Group, Inc. Sample Specifications May, 2007 B. Manufacturer's Qualification SECTION 09699 WATER VAPOR REDUCTION Page 2 Manufacturer shall have no less than five (5) years experience in manufacturing the same water vapor reduction system. The water vapor reduction system must be specifically formulated and marketed internationally for water vapor reduction and alkalinity control without change of formulation or system design for a minimum period of five (5) years. Manufacturer shall provide the Owner with their standard ten (10) year warrantyat no additional cost. Applicator of water vapor reduction system shall provide standard installation warranty for workmanship. 3. Manufacturer must provide independent lab test reports documentingperformance per the following: a. ASTM E 96, Water Vapor Transmission (dry and wet methods) performance shall be documented by an independent testing laboratory at a minimum of 90% for Koester Vap1 2000 System, water vapor transmission reduction compared to untreated ACI Committee 201 durable concrete. b. ASTM D 1308; Insensitivity to alkaline environment up to pH 14. C. Certify acceptance to continuous topical water exposure after final cure 4. Submit list of product use and performance history, for the same formulation and system design, listing reference sources. Similar projects shall have documented minimal initial water vapor transmission rates of 15 Ibs per 1,000 sf. per 24 hrs, and have resulted in maintained water vapor reduction rate of less than 3 Ibs per 1,000 sf. per 24 hrs when tested to ASTM F 1869-98. 1.04 DELIVERY, STORAGE, AND HANDLING A. Deliver products to the job site in their original unopened containers, clearly labeled with the manufacturer's name and brand designation. B. Store products in an approved ventilated dry area; protect from dampness, freezing, and direct sun light. Product should not be stored in areas with temperatures in excess of 900 F or below 500 F. C. Handle product in a manner that will prevent breakage of containers and damage products. 1.05 PROJECT/SITE CONDITIONS A. Environmental Conditions: Do not apply moisture vapor reduction system to unprotected surfaces or when water is accumulated on the surface of the concrete. 2. Do not apply water vapor reduction system when temperature is lower than 50' F or expected to fall below this temperature within 24 hours from time of application. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09699 WATER VAPOR REDUCTION Page 3 3. Allow continuous ventilation and indirect air movement at all times during application and curing process of the water vapor reduction system. B. Protection: Protect water vapor reduction system to prevent damage from active rain or topical water for a minimum period of 24 hours from time of application. 1.06 SCHEDULING A. Before installation of the receiving epoxy flooring systems over the interior concrete slabs, anhydrous calcium chloride testing shall be performed as per ASTM F 1869-98 by the Owner's Testing Agency as outlined in Article 3.1 below to determine the level of water vapor transmission in the slab and the type of moisture vapor reduction system required. B. The Owner's Testing Agency will coordinate with the Owner scheduling water vapor reduction system testing and allowing enough time to test, submit and install the water vapor reduction system before installation of floor finish. C. The Owner's Testing Agency will allow for as much time as is reasonable for the concrete slab to dry before installing anhydrous calcium chloride tests. All mastics, glues, and/or contaminants shall be removed to provide a clean, sound, concrete substrate prior to installing anhydrous calcium chloride tests per ASTM F 1869-98. No Exceptions! PART2 PRODUCTS 2.01 MANUFACTURERS A. Water vapor reduction system, which may be incorporated in the work, shall be the product of a single manufacturer, no substitutions. Manufacturer's offering approved products such as: 1. Koester VAP 10 2000 System by Koester American Corporation; Corporate Headquarters: (757) 425-1206. Western Regional Office: (541) 548-0210. B. Terminology hereafter is based upon the products of Koester American Corporation. 2.02 MATERIALS A. General: Use materials of one manufacturer throughout the project as hereinafter specified. B. Water -based primer/curing agent, 100% solids VAP 10 2000 coating, containing specifically formulated chemicals and resins to provide the following characteristics and properties. 1. ASTM E 96, Water Vapor Transmission (dry and wet methods) Performance shall be documented by an independent testing laboratory at a minimum 90% for Koester VAP 10 2000 System water vapor transmission reduction compared to untreated ACI Committee 201 durable concrete. Certify acceptance and exposure to continuous topical water exposure after final cure. Bacon Group, Inc. SECTION 09699 Sample Specifications WATER VAPOR REDUCTION May, 2007 Page 4 2.03 KOESTER VAP 10 2000 SYSTEM A. This one (1) coat system consists of one (1) coat of VAP 10 2000 applied to a properly prepared concrete surface. Anhydrous calcium chloride testing performed by the Owner's Testing Agency having water vapor transmission levels greater than 3lbs/24hrs. per 1,000/sf. and less then 25lbs/24hrs per 1,000/sf (depending on individual conditions) shall determine where this system is utilized and the coverage rates required. The Owner shall specify a floor covering system and adhesive having the ability to withstand water vapor transmission levels up to 3 Ibs/24hrs per 1,000/sf. The water vapor reduction system shall be required to reduce vapor emissions by a minimum of 90% after final cure. Verify water vapor reduction by anhydrous calcium chloride testing according to ASTM F 1869-98 prior to proceeding with any floor covering installation. 2.04 AREAS NOT REQUIRING VAPOR REDUCTION SYSTEM A. Water vapor reduction system is not required on interior concrete slabs schedule to receive carpet, ceramic tile and vinyl composition flooring. 2.05 MIX DESIGNS A. Use clean containers and mix thoroughly as per Manufacturer's requirements to obtain a homogeneous mixture. Use a low speed motor less than 400 rpm and a two bladed Jiffy mixing blade only. DO NOT AERATE. Mix ratios are measured by volume. B. VAP 10 2000 Mix Ratio: Mix Component A and B at a ratio of 2:4:1. PART 3 EXECUTION 3.01 EXAMINATION A. Calcium chloride test requirements: 1. Anhydrous calcium chloride testing shall be performed by the Owner's Testing Agency in accordance with the General Conditions. 2. Provide anhydrous calcium chloride tests according ASTM F 1869 — 98 in accordance to all surface preparation methods outlined. Tests shall be installed onto freshly abraded contaminant free concrete. No exceptions. 3. Only conduct calcium chloride tests at the same temperature and humidity expected during normal use. If this is not possible, then the test conditions should be 75° F +/-10* F and 50 +/- 10% relative humidity. Maintain these conditions 48 hours prior to and during tests. Water vapor transmission levels are directly affected by ambient room temperature and readings conducted without a sustained ambient temperature are NOT acceptable. 4. Owner's Testing Agency shall provide test results with a marked up floor finish plan showing test results. Owner's testing Agency shall provide a written clarification on status of the ambient air temperature and humidity before and during the testing procedures. 5. Owner's Testing Agency shall provide a marked up floor plan showing areas with vapor reduction system recommendations. Bacon Group, Inc. SECTION 09699 Sample Specifications WATER VAPOR REDUCTION May, 2007 Page 5 B. Initial calcium chloride tests: Before installation of VCT, sheet vinyl, rubber flooring, wood, carpet, and/or resinous flooring system over interior concrete slabs, the Owner's Testing Agency shall make known the level of water vapor transmission in the slab in accordance to ASTM F 1869-98 to all parties involved. The Owner's Testing Agency will document the test results and provide recommendations on the type of moisture reduction system to be utilized. C. Floor Treatment Calcium Chloride Tests: After proper cure of the final coat of the water vapor reduction system the Owner's Testing Agency shall provide calcium chloride tests to determine if the level of water vapor transmission and alkalinity are reduced to the Owner's specified levels in conjunction with the flooring manufacturer's installation requirements. Contact Owner and water vapor reduction system Manufacturer's Representative concerning areas with a water vapor transmission level greater than the Owner's specified levels. D. Adhesion tests: The Owner's Special Inspector shall verify proper adhesion of flooring adhesives, coatings, and leveling compounds to the final vapor reduction coating system for acceptability. Contact Manufacturer's Representatives for recommendations. A. Inspect all surfaces with regard to their suitability to receive moisture vapor reduction system with vapor reduction coating system by Manufacturer's Representative. B. Clean all surfaces to receive moisture vapor reduction system. Shotblast all floors and clean surfaces with Shop Vac to remove all residue off the substrate. Remove ALL defective materials, and foreign matter such as dust, adhesives, leveling compounds, paint, dirt, floor hardeners, bond breakers, oil, grease, curing agents, form release agents, efflorescence, laitance, Shotblast bee bees, etc. Repair all cracks, expansion joint, control joints, and open surface honeycombs and fill in accordance with Manufacturer's recommendations. Inform vapor reduction system manufacturer if concrete additives like chlorides or any other soluble compounds that can contaminate surfaces have been used in the concrete mix. Reinforcing fibers must be burned off, scraped and vacuumed. Remove, after shotblasting, leaving no fibers left on the concrete surfaces. Provide uncontaminated, absorptive, sound surface. DO NOT ACID ETCH! C. Repair concrete prior to moisture vapor reduction system installation by utilizing Koester SB Bonding Emulsion with approved concrete repair materials. Comply with all requirements as listed in Manufacturer's technical data information. No exceptions. Consult with vapor reduction manufacturer. D. Make sure that surfaces to be treated with moisture vapor reduction system have NOT previously been treated with other materials like underlayments, screeds, penetrating sealants, etc. If this is the case, consult with the Manufacturer's Representative prior to any application of moisture vapor reduction system. E. Only a surface substrate that REMAINS uncontaminated, absorptive, and sound is fit to Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09699 WATER VAPOR REDUCTION Page 6 receive a water vapor reduction system. Comply with all requirements as listed in Manufacturer's technical data information. No exceptions. F. Proper removal of contaminants can render surfaces too rough for certain flooring systems. Therefore shot blast a small test area and verify with the flooring applicator that the surfaces are fit to receive the specified flooring system without the application of an underlayment on top of the VAP 10 2000 System. 3.03 APPLICATION A. VAP 10 2000 System Application: The coverage rates for this Single Coat system depend on the surface texture and porosity of the substrate as well as the measured level of moisture, from Section 3.1 Examination. On average, coverage of 90 to 130 sq. ft/gal. can be expected. 2. Approximate coverages relative to existing levels of moisture vapor. Up to 8lbs./1000 sq.ft./24hr.130 sq.ft/gal Up to 15lbs./1000 sq.ft./24hr. 90 sq.ft/gal Up to 25lbs./1000 sq.ft./24hr. 70 sq.ft/gal 3. Apply one coat of VAP 10 2000 at an average coverage rate of 90 to 130 sq.ft./gal. using a squeegee and or a 3/8-inch nap roller leaving NO areas untreated. Allow to cure a minimum of 12 hours before installing flooring system. (See additional application instructions in Koester technical data sheets.) 3.04 CLEANING A. Clean all tools and equipment with xylene immediately after use for the VAP 18 2000 System and water when using VAP 1 Primer for water vapor reduction. 3.05 PROTECTION A. Protect each coat during specified cure period from any kind of traffic, topical water, and contaminants. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09800 RESINOUS FLOORING SYSTEMS PART GENERAL 1.01 SUMMARY SECTION 09800 RESINOUS FLOORING SYSTEM Page 1 A. The Work shall consist of preparation of the substrate, the furnishing of an MMA (methyl methacylate) based self -leveling seamless flooring system with decorative colored ships and topcoats. The resinous flooring system shall also include an antimicrobial biocide required include the following: Flooring and base within the rooms indicated on the finish schedule. B. The system shall have the color, texture, and thickness specified by the Architect. It shall be applied to the prepared areas as defined in the plans strictly in accordance with the Manufacturer's recommendations. C. Provide the system in compliance with requirements of the United States Department of Agriculture (USDA), Food and Drug Administration (FDA) and the local Health Department. 1.02 SUBMITTALS A. Product data for the resinous flooring material specified. Include technical information, installation instructions for the surface preparation, jointing, each layer of application, patching directions, and maintenance instructions. 2. Include data on physical characteristics including compressive strength, impact resistance, water absorption, abrasion resistance, tensile strength, adhesion, electrical conductivity, chemical resistance and flame resistance characteristics. B. Indicate on shop drawings, wall base details and joint layout. C. Samples for comparison with architects pre -selection in the form of manufacturer's standard samples no less than 6" square. D. Product certificates signed by manufacturers of resinous flooring certifying that materials furnished comply with specified requirements. Include certified test reports evidencing compliance with requirements for fire performance characteristics and physical properties indicated. E. Maintenance data consisting of manufacturer's printed instructions for maintenance of the flooring for inclusion in Operating and Maintenance Manual specified in Division 1. 1. Include methods and frequency recommended for maintaining optimum condition under anticipated use conditions. 2. Include precautions for use of cleaning materials and methods which could be detrimental to finishes and performance or might damage flooring. Bacon Group, Inc. Sample Specifications May, 2007 1.03 QUALITY ASSURANCE SECTION 09800 RESINOUS FLOORING SYSTEM Page 2 A. The manufacturer shall have a minimum of 10 years experience in the production, sales, and technical support of industrial flooring and related materials. B. Installer Qualifications: The applicator shall have the manufacturer's written approval that he is qualified by training and experience to execute the work, as a manufacturer's approved applicator. The installer must have no less than 5 years successful experience installing resinous flooring. C. Proposed suppliers of "or equal" products shall be required to meet all provisions of this specification as well as provide evidence for compatibility between components to the satisfaction of the architect. D. Pre -bid Requirements A pre -bid conference shall. Be held between prospective Applicators and the Architect to resolve design details prior to bidding of the project. E. Manufacturer Qualifications: Provide the resinous flooring produced by the manufacturer indicated. F. Test Panels: Install a 100 sq. ft. installed sample of the resinous flooring in location directed by the Architect indicating installation procedures, color, and surface texture. Replace test panels that are not acceptable until a satisfactory installation is achieved. 1.04 DELIVERY, STORAGE AND HANDLING A. Packaging and Shipping All components of the system shall be delivered to the site in the manufacturer's packaging, clearly identified with the product type and batch number. B. Storage and Protection The applicator shall proceed with a storage area for all components. The area shall be cool, dry, out of direct sunlight and in accordance with the manufacturer's recommendations and relevant health and safety regulations. 2. Copies of Material Safety Data Sheets (MSDS) for all components shall be kept on site for review by the architect or other personnel. 1.05 PROJECT CONDITIONS A. Environmental Requirements: 1. Maintain a constant minimum temperature of 60 deg F (16 deg C) in installation areas for at least 10 days before and 10 days after application of materials. 2. Illuminate installation areas using the building's permanent lighting system; temporary lighting alone will not be acceptable. 3. The applicator shall ensure that adequate ventilation is available for the work area. 4. The applicator shall be provided with adequate disposal facilities for non- Bacon Group, Inc. SECTION 09800 Sample Specifications RESINOUS FLOORING SYSTEM May, 2007 Page 3 hazardous waste generated during installation of the system. B. Safety Requirements: 1. All open flames and spark -producing equipment shall be removed from the work area prior to commencement of application. 2. "No Smoking" signs shall be posted at the entrances to the work area. 3. Non -related personnel in the work area shall be kept to a minimum. 1.06 SEQUENCING AND SCHEDULING A. The applicator, general contractor, owner and architect shall agree upon a schedule for coordination between trades working in the area which is to receive the system. B. Schedule installation with other construction activities to minimize the possibility of damage and soiling during the remainder of the construction period. 1.07 WARRANTY A. Special Project Warranty: Submit a written warranty, executed by the Contractor, Installer, and Manufacturer, agreeing to repair or replace resinous flooring materials which fail in materials or workmanship within the specified warranty period. This warranty shall be in addition to and not a limitation of other rights the Owner may have against the Contractor under the Contract Documents. Warranty period is 2 years after the date of substantial completion. 1.08 MAINTENANCE A. Replacement Materials: After completion of work, deliver to the project site not less than the equivalent to 2% of the total flooring system installed, exclusive of material required to properly complete the installation. Package replacement materials with protective covering or wrapping, clearly identified with appropriate labels as replacement material. 2. Furnish accessory components as required. PART2 PRODUCTS 2.01 MANUFACTURERS: A. Following is a list of the Resinous Flooring System manufacturer: Equal manufacturers may be considered if all specifications are met. DUR-a-Flex, Inc. Cryla-Quartz with antimicrobial biocide flooring or approved equal. Color shall match the sample provided by the architect and shall be a custom batch mix matching Valspar color Bucks Country Tan. However, the entire Decor-flor II color options shall be provided for selection and confirmation. Texture: Very fine profile. Bacon Group, Inc. SECTION 09800 Sample Specifications RESINOUS FLOORING SYSTEM May, 2007 Page 4 3. Items 2 and 3 above shall be verified by sample panels as described in paragraph1.02. 2.02 MATERIALS: A. Primer B. Topping The primer shall be 100% reactive, MMA,-based, two component resin capable of a full cure in 40 minutes at 68F and equal to Dur-A-Flex, Inc. CryI-A-Prime P-101. The topping shall consist of the following: a. 100% reactive, acrylic based, two component resin capable of full cure in less than one hour at 68 F and equal to Dur-A-Flex, Inc. CryI-A-Glaz G-201. b. A filler component consisting of graded silica sand and other inert fillers equal to Dur-A-Flex, Inc. Color shall match the sample provided by the architect. The color is based on Q28-13 Desert Sand. However, the entire Decor-flor II color options shall be provided for selection and confirmation. 2. The topping shall meet or exceed the following properties as related to laboratory - prepared samples tested at 68 degrees F and 24 hour cure where applicable: Percent Reactive, % 00 Water Absorption, ASTM D570, % 0.04 Compressive Strength, ASTM C109, psi 8,000 Tensile Strength, ASTM D638, psi 2,000 ASTM C307, psi 1,350 Flexural Strength, ASTM D790, psi 3,700 ASTM C580, psi 2,700 Flexural Modulus, ASTM D790m psi 4.8x105 Electrical Resistivity, ASTM D257 Volume resistance 1015 Surface resistance 1012 Pot Life @ 68 F, minutes 10-20 Cure Time @ 68 F, minutes 40-60 Recoat Time @ 68 F, minutes 40-60 Multi -coat Application, solution weld yes C. Top Coat The topcoat shall be a 100% reactive, MMA based, two -component resin capable of full cure in less than one hour at 68 F and equal to Dur-A-Flex, Inc. Cry[ -A -Top T-301. D. Decorative chips The chips shall be of the 1/8" size and equal to Dur-A-Flex, Inc. Decorative Colored Chips. Bacon Group, Inc. SECTION 09800 Sample Specifications RESINOUS FLOORING SYSTEM May, 2007 Page 5 2.03 AUXILIARIES: A. Pitching For pitching to drains, a polymer mortar (such as CryI-A-Tex) compatible with the system shall be used in accordance with the manufacturer's recommendation. Pitching shall be installed on primed substrates. B. Cove Base Cove bases consisting of a trowel applied acrylic resin system shall be installed in accordance with the manufacturer's recommendations. Cove based shall be installed on primed surfaces prior to the installation of the floor topping and is indicated on the drawings. Install bridging material over all joints as detailed on the drawings and as recommended by the manufacturer. PART 3 EXECUTION 3.01 PREPARATION A. Protection The applicator shall be responsible for the protection of equipment and adjacent areas from contamination. B. Surface Preparation 1. Cast -in -Place a. New concrete shall have cured a minimum of twenty eight days in accordance with ACI-308. b. Sealers and curing agents are not to be used. c. New concrete surfaces shall be free of oil, grease, curing compounds, loose particles, moss, algae growth, laitance, friable matter, dirt, and bituminous products. d. Removal of contaminants and surface preparation shall be performed by means approved by the architect to an agreed standard. e. The substrate shall be sounded and all spalls repaired prior to placement of the prime coat. Spalls shall be repaired with compatible rapid cure concrete patch materials (CryI-A-Tex) per the architect's and manufacturer's recommendations. f. There shall be no visible moisture present on the surface at the time of application of the system. Compressed oil -free air and/or light passing of a propane torch may be used to dry the substrate. g. Where the perimeter of the substrate to be coated is not adjacent to a wall or curb, a minimum Y4' key cut shall be made to properly seat the system, Bacon Group, Inc. SECTION 09800 Sample Specifications RESINOUS FLOORING SYSTEM May, 2007 Page 6 providing a smooth transition between areas. This detail cut shall also apply to drain perimeters and expansion joint edges. h. Concrete are free from defects and imperfections that could show through the finished surface including concrete and block work and jointing in the concrete. 2. Mechanical surface preparation a. Shot blast all surface to receive flooring system with a mobile steelshot, dust recycling machine (Blastrac or equal). b. Floor areas inaccessible to the mobile blast machine shall be mechanically abraded to the same degree of cleanliness, soundness and profile using diamond grinders, needle guns, bush hammers, or other suitable equipment. Do not proceed until unsatisfactory conditions have been corrected. C. Inspection 1. Prior to priming of the surface, the architect, owner, general contractor and the applicator shall review the prepared substrate. The general contractor and applicator shall approve and accept the prepared substrate. 2. Random tests for adequate bond strength shall be conducted on the substrate, in accordance with the manufacturer's recommendations, at a minimum frequency of three tests per 5000 square feet. Smaller areas shall receive a minimum of three tests. 3. Based on the test results, additional substrate preparation may be required before proceeding with the installation of the system. 4. Cracks and joints shall be treated in accordance with the manufacturer's recommendations as approved or directed by the architect including bridging materials over each joint. D. Acclimatize materials by removing them from packaging in the installation area not less than 24 hours before application. E. Remove cover plates, surface -mounted fixtures, and any other coverings, escutcheons, etc., and materials to be placed over the finished flooring or may be damaged by the application in areas where system is to be applied. Upon completion of flooring system installation in each space or area, reinstall items removed using workmen skilled in the trades involved. F. Test substrate with electronic moisture meter to verify that surfaces to be covered do not exceed moisture content permitted by the manufacturer. 3.03 APPLICATION A. General The system shall be applied in seven distinct steps listed below: a. Substrate preparation Bacon Group, Inc. SECTION 09800 Sample Specifications RESINOUS FLOORING SYSTEM May, 2007 Page 7 b. Priming C. Filling and bridging of joints d. Topping/overlay application with decorative chips e. Top coat/sealer application f. Sand floor g. Second topcoat/sealer application 2. Apply antimicrobial biocide as per manufacturer's instructions. 3. Concrete surfaces on grade shall have been constructed with a vapor barrier to protect against defects of vapor transmission and possible delamination of the system. The vapor barrier must be continuous and sealed at all edges and penetrations. 4. Immediately prior to the application of any component of the syetm, the surface shall be dry and any remaining dust or loose particles shall be removed using a vacuum or clean, dry, oil -free compressed air. 5. The handling, mixing and addition of components shall be performed in a safe manner to achieve the desired results in accordance with the manufacturer's recommendations as approved or directed by the architect. 6. The system shall follow the contour of the substrate unless pitching or other leveling work has been specified by the architect. 7. A neat finish with well-defined boundaries and straight edges shall be provided by the applicator. B. Primer 1. The primer shall consist of one coat with an overall coverage rate of 80-120 ft2/gallon by brush or roller application. 2. All components shall be measured and mixed in accordance with the manufacturer's recommendation. 3. The primer shall cure tack -free before application of the floor topping. 4. Porous concrete may require a second coat of primer should the first coat be absorbed. C. Topping 1. The topping shall be applied as a self -leveling system as specified by the architect. The topping shall be applied in one lift with a nominal thickness of 1/8" which will result in a finish floor thickness of 3/16". 2. The topping shall be comprised of two components, a resin and filler together with a hardener powder that is to be added in accordance with the manufacturer's recommendation. 3. The hardener powder shall be added to the resin and thoroughly dispersed by suitably approved mechanical means. SL Filler Blend shall then be added to the catalyzed mixture and dispersed in the same manner to achieve a homogenous blend. Bacon Group, Inc. Sample Specifications May, 2007 SECTION 09800 RESINOUS FLOORING SYSTEM Page 8 4. The topping shall be applied over horizontal cured surfaces using gage rakes, trowels or other systems approved by the manufacturer. 5. Immediately upon raking and/or troweling into place, the topping shall be degassed with a porcupine roller. 6. Decorative 1/8" chips shall be broadcast into the wet material at a rate of 0,1 LB/SF. 7. The full broadcast topping shall cure at least 30 minutes, or until broom or vacuuming can be performed without tearing or otherwise damaging the surface. Subsequently, all loose chips shall be removed by broom or vacuuming in preparation for the topcoat application. Recovered loose chip may be reused at the discretion of the architect. Under no circumstances shall the unsealed topping be opening to service. C. Topcoat 1. The topcoat shall consist of two coats with a coverage rate of 100-125 ft2/Gal/coat. 2. The topcoat shall be comprised of a liquid component and a hardener powder which is to be added at a rate in accordance with the manufacturer's recommendations and thoroughly dispersed by suitably approved mechanical means such as a high speed paddle mixer. 3. The topcoat shall be applied to the cured and swept topping by brush or roller.. 4. The first topcoat will be allowed to cure then sanded or scraped to give the desired finish texture. 5. Apply second coat. 3.04 FIELD QUALITY CONTROL A. Tests, Inspections The following tests shall be conducted by the Applicator: a. Temperature Air, substrate temperature and, if applicable, dew point. b. Adhesion Tests Adhesion tests (bond test) of the primer to the substrate shall be checked as per Clause 3.01 C.1. c. Coverage Rates Rates for all layers shall be monitored by checking quantity of material used against the area covered. Bacon Group, Inc. SECTION 09800 Sample Specifications RESINOUS FLOORING SYSTEM May, 2007 Page 9 3.05 NON -ACCEPTABLE INSTALLATION CONDITIONS A. Blemishes, cracking, color and texture variations, inconsistent level tolerances in the horizontal planes, etc. shall be removed in panels sized by the Architect. 3.06 PROTECTION A. Provide protective methods and materials needed to ensure that the resinous flooring system is not damaged at time of substantial completion. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 10000 SPECIALTIES AND EQUIPMENT SECTION 10000 SPECIALTIES AND EQUIPMENT Page 1 PART1 GENERAL 1.01 DESCRIPTION OF WORK A. The extent of each type of work is indicated on the drawings and/or on schedules and notes. PART2 PRODUCTS 2.01 COMMERCIAL WASHER A. The commercial washer shall be Dexter Commercial Washer Express, Stacked with dryer. Washer specifications are 20 amps @ 240 volt, single phase. 25-30 Ibs dry capacity weight. The color of the unit shall be selected from any of the manufacturer's standard colors. 2.02 COMMERCIAL DRYER A. The commercial washer shall be Dexter Express Dryer Express, Stacked with the washer. Power specifications is 15 amps @ 120 volt, single phase. 30 pounds dry weight capacity. The color of the unit shall be selected from any of the manufacturer's standard colors. 2.03 COMMERCIAL DISHWASHER A. The commercial washer shall be JET Tech, Model 737, Deluxe High temperature undercounter commercial dishwasher, hot water sanitizing. Power specifications are 208V-220V, 22A. The color of the unit shall be selected from any of the manufacturer's standard colors. The dishwasher shall have a booster heater in order to achieve a temperature of 15OF wash and 185 Degrees F rinse. 2.04 REFRIGERATOR Manufacturer: General Electric A. Refrigerator: Model GTH18KBRBB, "black on black", with ice maker. B. 17.9 cubic feet, C. 120V: 60 hz, 15 A. 2.05 COMPACT REFRIGERATOR Manufacturer: General Electric A. Refrigerator: Model GMR06AAPBB, "black on black" Bacon Group, Inc. SECTION 10000 Sample Specifications SPECIALTIES AND EQUIPMENT May, 2007 Page 2 B. 6.0 cubic feet, 2.06 MICROWAVE Manufacturer: General Electric A. Microwave JES1334BH, Black. B. 1.23 cubic feet. 2.07 SURGICAL STORAGE CABINETS A. Manufacturer: Carr Stainless Steel Surgical Cabinets, 2 each 48" units or Continental Metal Products Co., Inc. model #SC2-4860 B. Solid Steel Construction with interchangeable doors, '/" solid steel 5 bolt door, '/4" thick steel walls, dual relock system and UL Listed S & G Combination locks. C. Coordination installation with foundation, slab placement and finish flooring installation. 2.08 IN -FLOOR SAFE Manufacturer: Hayman FS12B-CL A. Solid Steel Construction with interchangeable doors,'/2" solid steel 5 bolt door,'/4" thick steel walls, dual relock system and UL Listed S & G Combination locks. B. Coordination installation with foundation, slab placement and finish flooring installation at location determined by architecttowner. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 10508 PLASTIC LOCKERS SECTION 10508 PLASTIC LOCKERS Page 1 PART1 GENERAL 1.01 WORK INCLUDED A. Locker units with continuous latch. B. Base, slope top, and filler panels. C. Hooks, latches, and hardware. D. Attachment hardware. E. Locker Bench and Pedestals 1.02 SYSTEM DESCRIPTION A. Lockers: Recessed single double tier lockers; on framed base; padlock hasps. 1.03 MATERIAL TESTING A. All solid plastic components shall resist deterioration and discoloration from the following: Acetic Acid 80% Hydrochloric Acid 40% Borax Potassium Bromide Ammonium Phosphate Citric Acid Acetone Caustic Soda Bleach 12% Hydrogen Peroxide 30% Soaps Brine Isopropyl Alcohol Trisodium Phosphate Core Oils Copper Chloride Sodium Bicarbonate Nicotine Chlorine Water Urea and Urine Lime Sulfur Vinegar Lactic Acid 25% Ammonia Liquid 1.04 SUBMITTALS A. Submit shop drawings and product data including locker types, sizes, configurations, layout of groups of lockers, construction, accessories, and numbering plan. B. Submit manufacturer's installation instructions. C. Provide two samples 3 x 6 inches of each color selected on actual base material. 1.05 PROTECTION A. Store and protect lockers and finishes and adjacent surfaces from damage during installation. Bacon Group, Inc. SECTION 10508 Sample Specifications PLASTIC LOCKERS May, 2007 Page 2 PART PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Provide Santana Products, Inc. solid plastic mesh lockers and locker room bench assembly. B. Mesh lockers shall be two tiers.. 2.02 SIDES, SHELVES, TOPS AND BOTTOMS A. Side, shelves, tops and bottoms shall be fabricated from polymer resin formed under high pressure to solid 3/8" thick with homogeneous color. 2.03 DOORS AND DOOR FRAMES A. Doors and door frames shall be fabricated from polymer resin formed under high pressure to solid'/z' thick with homogeneous color. 2.04 CONTINUOUS LATCH A. The continuous latch shall provide a finger -slide latching mechanism capable of accepting a padlock and is securely fastened to the door. The latch mechanism shall be attached the entire length of the door providing a continuous security latch. 2.05 DOOR HINGE A. The door hinge shall be continuous and integrate into the full length of the door and main locker body, made entirely of plastic without any steel or metal parts. 2.06 FINISH A. The finish shall be commercial grade smooth for tops, bottoms, side walls, shelves and frames. Doors shall have a slightly textured finish to reduce marring. B. The color of the lockers and benches shall be selected from the manufacturer's standard colors. 2.07. BENCH A. The bench lockers shall 20" with 9-1/2" wide top. B. Solid plastic locker benches shall be fabricated from High Density Polyethylene (HDPE) containing a minimum of 10% recycled material manufactured under high pressure forming a single component section which is waterproof, non -absorbent and has a self- lubricating surface that resists marking with pens, pencils or other writing utensils. All solid plastic locker benches to arrive at job -site with special protective plastic covering. C. The bench shall be provided with all pedestal legs, anchors, etc. for a total installation. Bacon Group, Inc. SECTION 10508 Sample Specifications PLASTIC LOCKERS May, 2007 Page 3 PART 3 EXECUTION 3.01 INSTALLATION A. Install lockers secure, plumb, square, and in line. Set on prepared concrete base. B. Anchor lockers with appropriate anchor devices to suit materials encountered. C. Bolt adjoining locker units together to provide rigid installation. D. Install end panels, filler panels, to completely close off openings. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 11000 MODULAR KENNEL SYSTEMS PART GENERAL 1.01 DESCRIPTION OF WORK SECTION 11000 MODULAR KENNEL SYSTEMS Page 1 A. This specification is based on Shore -line, Schoer Manufacturing Company. The manufacturer's listed in paragraph 2.01 shall meet or exceed the specifications herein. B. The Owner shall purchase the entire caging system. The contractor shall assemble and install the assemblies. C. Extent of modular Kennel system is as follows: 1. Stainless steel kenneling system, etc. for the all dog runs whether mounted to the masonry walls or free-standing as manufactured by Shor-line, Schoer Manufacturing Company including front gates side panels and tops. 2. For system mounted to the masonry, the side panels and fronts shall be side mounted. 3. For free standing systems, the panels shall be installed per manufacturer's instructions. 4. There shall be tops covering all runs. D. The configuration and arrangements of the kenneling system shall be is indicated on the drawings. The drawings also include detail mounting and construction details which must be followed. 1.02 QUALITY ASSURANCE A. Single Source Responsibility: Obtain modular kennel system from a single manufacturer as complete units, including necessary mounting hardware and accessories. B. Installer Qualifications: Engage an experienced and manufacturer certified and approved installer who has specialized in the installation of caging system required for this project. Installer must have no less than 5 years successful experience installing caging system. 1.03 GUARANTEES AND WARRANTIES A. Provide ten year warranty signed by the manufacturer, installer, and contractor. The warranty shall include the repair and/or replacement of the caging system which fails in materials or workmanship including, but not limited to, breaking of welds, deterioration of metals. B. Provide manufacturer's standard ten year wear guarantee which shall include a face fiber loss of less than 10% by weight. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's product data for each manufacturer indicating what will be provide by that manufacturer. Bacon Group, Inc. SECTION 11000 Sample Specifications MODULAR KENNEL SYSTEMS May, 2007 Page 2 B. Detailed Shop Drawings: Submit detailed shop drawings of all components including attachments to adjacent construction and to each other. Drawings shall include not less than plans, elevations, all connection details, and accessories details. C. Detailed information on materials including gage of metals, finishes, size of mesh openings, etc. D. Review of the submittals shall not be the basis for any contractual obligations between the manufacturer and the contractor. 1.05 MOCK RUNS/CAGES A. Install one complete assembly of a typical dog run for approval by the Owner. Coordinate installation of the mock caging system components with masonry work described on the drawings and masonry specifications. Samples may be incorporated into the construction of the project. 1.06 DELIVERY, STORAGE, AND HANDLING A. Do not deliver runs until building is prepared for complete installation and all submittals are approved. B. Protect kennel systems from damage during delivery, handling, storage and installation. 1.07 ADVANCED PAYMENT A. Advanced payment shall be required prior to ordering of equipment. B. Protect kennel systems PART PRODUCTS 2.01 MODULAR KENNELING SYSTEM A. The modular kenneling system shall be as manufactured by Shor-line (800-444-1579). B. Suburban Surgical or C. Approved equal. 2.02 COMPONENTS A. Al components shall be stainless steel, heavy gauge type 304 tube, rod and sheet stainless steel for all gates, side panels and back panels. B. Welds: All corners shall be electrically, precision welded under pressure. All welds shall be ground, cleaned and finished to match adjacent material. C. Pipe Closures: provide standard pipe closers on all exposed ends of pipe runs not specifically terminated. D. Stall fronts, side panels and tops: All frame work shall be made from full weight 1-1/2" gage stainless tubular steel. All corners on the frames and doors shall be precision welded, ground smooth, cleaned and finished to match the adjacent material. Cross member bracing pipe shall be placed outside fabric for rigid support. The fabric shall be 1/4" (.64 cm) round rod spokes at 1.5" welded to 1/4" (.64 cm) round stainless steel cross Bacon Group, Inc. Sample Specifications May, 2007 SECTION 11000 MODULAR KENNEL SYSTEMS Page 3 members every 6 inches. Every rod should be spot welded for maximum rigidity. The 1/4" (.64 cm) vertical rods are to pass through a 1-1/4" (3.18 cm) square tube horizontal center support bar. E. The latch is to be a heavy-duty double -positive latch assembly incorporating an "Acetal" bushing for long lasting, quiet operation. The bottom of the latch shall accept a lock. F. Gate: Shall be of the materials described above. Swing of gate to be verified on the shop drawings. There shall be no bottom rail extending across the kennel front for the door system. Additional wall brackets shall be provided for securing the door frame. G. Security Top Covers shall be of the same materials as the stall fronts. H. Provide two 2-1/2 quart stainless steel bowls per kennel with mounting brackets. Product number 102317. Kennel shall include one card holder as manufactured by Shor-line. PART 3 EXECUTION 3.01 INSTALLATION A. General: Install modular flooring system and accessories as indicated on the drawings and per manufacturer's recommendations. B. Pre -construction Meeting: The contractor shall hold a preconstruction meeting with the Owner, masonry subcontractor and Modular Caging System installer and manufacturer for complete coordination of installation and responsibilities. C. The kenneling system manufacturer shall field measure, furnish and install the entire system. D. Coordinate installation of all flooring system components with masonry work described on the drawings and masonry specifications. 3.02 PROTECTION AND CLEANING A. Protect installation from damage during construction. If despite such protection, damage occurs, remove and replace damaged components or entire unit as required to restore units to their original, undamaged condition. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 11150 SECTION 11150 MEDICAL EQUIPMENT FURNISHINGS Page 1 MEDICAL EQUIPMENT FURNISHINGS PART GENERAL 1.01 GENERAL A. The manufacturer's of the medical equipment shall be Shor-line, Forever Stainless Steel, or approved equal. The basis of the specifications is Shor-line. B. The extent of equipment furnishing include the following: 1. Pre -op. Tables 2. Surgery and Pre -op. Procedure Lights C. All equipment is as shown on the drawings. All equipment shall be coordinated with other applicable specifications and requirements. D. The Owner shall purchase the Pre -op table, Surgery tables and lighting. The contractor shall assemble and install the assemblies. PART PRODUCTS 2.01 PRE -OP TABLE A. Provide three (3) standard Pre -op Table #904.4000.10 and three (3) Pre -op Table #904.1414.10. The table shall be provided with 1 drawer & 4 drawer cabinet and all Deck Mounted plumbing trim # 804.0006.00 with separate self -closing spray head. As manufactured by Shor-line, Schoer Manufacturing Company (800-444-1579). 2.02 SURGERY TABLES A. Provide six (6) standard Surgery Table #903.4101.00. The table shall be V-top heated table. All features shall be provided. As manufactured by Shor-line, Schoer Manufacturing Company (800-444-1579). 2.03 PRE -OP PROCEEDURE LIGHTING A. Provide twelve (12) dual head ceiling mounted light at both the two surgery tables and the pre -op room table. Each arm to extend 70" and swivel 360 degrees. Each arm shall be able to be lowered to 46" from the ceiling. Fixture shall have (8) 12 voltt50 watt tungsten halogen lamps. Minimum 3,000 hour bulb life. White in color. Provide one year warrantee. Model Number 913.4004.02. Brace ceiling as necessary to accept light fixture. As manufactured by Shor-line, Schoer Manufacturing Company (800-444-1579). 2.04 X-RAY EQUIPMENT A. Provide one Direct Digital Radiology (x-ray) equipment as manufactured by Dristech including work station specifications and equipment. Refer to dristech.com. Bacon Group, Inc. SECTION 11150 Sample Specifications MEDICAL EQUIPMENT FURNISHINGS May, 2007 Page 2 PART 3 EXECUTION 3.01 INSTALLATION A. Install equipment in accordance with the manufacturer's instructions. B. Instruct personnel in the operation and maintenance of each system. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 11200 CAGING FURNISHINGS PART1 GENERAL 1.01 DESCRIPTION OF WORK SECTION 11200 CAGING FURNISHING Page 1 A. Extent of caging furnishings are indicated on the drawings, listed below and shall be manufactured by Shor-line, Schroer Manufacturing Company. 1.02 QUALITY ASSURANCE A. Single Source Responsibility: Obtain equipment from a single manufacturer as complete units, including necessary mounting hardware and accessories. 1.03 SUBSTITUTIONS A. Prior Approval: Unless otherwise provided for in the Contract Documents, proposed product substitutions may be submitted according to Instructions to Bidders. B. Submittals which do not provide adequate data for product evaluation will not be considered. The proposed substitutions must meet all requirements of this Section, including, but not necessarily limited to the following: single source materials supplier (if specified under Quality Assurance); acoustical performance, fire rating (if any), including UL assembly listings; special function performance (if any); panel design, size, composition, color, and finish; suspension system component profiles and sizes; compliance with the reference standards. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's product data for the unit from the manufacturer. B. Detailed Shop Drawings: Submit detailed shop drawings of all components including attachments to adjacent construction and to each other. Drawings shall include not less than plans, elevations, all connection details, and accessories details. 1.05 DELIVERY, STORAGE, AND HANDLING A. Do not deliver equipment unit until building is prepared for complete installation and all submittals are approved. B. Protect equipment from damage during delivery, handling, storage and installation. PART 2 PRODUCTS 2.01 PRE -FABRICATED DOG AND CAT CAGES A. Dog and Cat Caging: 12 ea. 36"x36" cages, item number 902.3636.00. 54 ea. 24"x24" cages, item number 902.2424.00. 1 ea. 30"x36" cage, item number 902.3630.00. 6 ea. 72"x36" cage, double door, item number 902.7236.10 Bacon Group, Inc. Sample Specifications May, 2007 PART 3 EXECUTION 3.01 INSTALLATION SECTION 11200 CAGING FURNISHING Page 2 A. General: Install equipment as indicated on the drawings and per manufacturer's recommendations. 3.02 PROTECTION AND CLEANING A. Protect installation from damage during construction. If despite such protection, damage occurs, remove and replace damaged components or entire unit as required to restore units to their original, undamaged condition. END OF SECTION Bacon Group, Inc. Sample Specifications May, 2007 SECTION 11400 KENNEL EQUIPMENT PART1 GENERAL 1.01 GENERAL SECTION 11400 KENNEL EQUIPMENT Page 1 A. The extent of kennel equipment is as listed below and as shown on the drawings. All equipment shall be coordinated with other applicable specifications and requirements. PART2 PRODUCTS 2.01 ANIMAL BATHING SYSTEMS A. Provide Deluxe Power Bather as manufactured by HydroSurge, Inc., 5909 Sea Lion Place, Suite B, Carlsbad, Cal. 92008 (800) 532-1468ith the following: 1. Wall mounting power unit. 2. Custom recirculating pump with stainless steel screen filter 3. High density, custom bather hose with spray head, nozzle and pressure control valve. 4. Dual built-in Ground fault circuit interrupter 5. Remote, non -electric air switch control button 6. All mounting hardware. 7. Seven 12 oz. Bottles of shampoo. B. Provide Deluxe Power Dryer as manufactured by HydroSurge, Inc., 5909 Sea Lion Place, Suite B, Carlsbad, Cal. 92008 (800) 532-1468ith the following: 1. Wall mounting, 2-speed, forced air blower. 2. 10 ft, blower hose with reducing nozzle. 3. Remote, non -electrical air switch control button. 4. Built-in ground fault circuit interrupter. 5. All mounting hardware. C. Provide Bathing tub as manufactured by Shor-line with the following: 1. 60" x16" tub with stainless steel frame and grille. Part number 904.3001.00. Tube plan dimensions are 60-1/2" x 24-11/16". 2. Provide end splash with trim openings. 3. Trim shall be pat number 804.0006.02 with deck mounted faucet, gooseneck nozzle and wrist action handles. Bacon Group, Inc. Sample Specifications May, 2007 2.02 GROOMING CAGE DRYER SECTION 11400 KENNEL EQUIPMENT Page 2 A. Extent of grooming cage dryer shall be Shor-line Model 926.3000.02 and as indicated on the drawings. PART 3 EXECUTION 3.01 INSTALLATION A. Install each system in accordance with the manufacturer's instructions. B. Instruct personnel in the operations and maintenance of each system. END OF SECTION Resolution No. 2007—RO318 a� REQUEST FOR QUALIFICATIONS DESIGNBUILD SERVICES Animal Shelter & Adoption Center RFQ 07-002-VK Lubbock, Texas DEADLINE FOR SUBMISSION OF QUALIFICATIONS 4:00 PM, CST, Thursday, January 25, 2007 Public Works Contracting Office Municipal Building, Room 102 1625 13th Street Lubbock, TX 79401 TEL: 806-775-2171 FAX: 806-775-3326 The City of Lubbock is an Equal Opportunity Employer and all Disadvantaged Business Enterprises are encouraged to participate. City of Lubbock, TX Public Works Contracting Office Contractor Checklist RFQ 07-002-VK Please ensure that you complete and return the following documents and information to the City of Lubbock Public Works Contracting Office before the deadline. Late submittals will not be accepted. 1. Completed and signed INSURANCE REQUIREMENT AFFIDAVIT with the signature of the agent or broker. Contractor's signature must be original. 2. Completed and signed SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail. 3. Completed and signed SUSPENSION AND DEBARMENT CERTIFICATION. Please include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 4. Complete responses to information requested in RFQ Criteria Section "Requirements for Statement of Qualifications", CRITERIA ONE THROUGH TEN. (Step I Only) 5. Completed and signed RFQ CRITERION SECTION TEN: EXECUTION OF OFFER. (Step 1 Only) 6. Complete responses to information requested in RFP Criteria Section "Requirements for Proposal", CRITERIA ONE THROUGH NINE. (Step 2 Only) 7. Respondent's Execution of Offer (Step I Only) and Respondent's Pricing and Delivery Proposal (Step 2 Only). These documents MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. 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. 8. Completed and signed Respondent's Pricing and Delivery Proposal (Step 2 Only). 9. Clearly mark the RFQ number, title, due date and time, and your company name and address on the outside of the envelope or container. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON- RESPONSIVE. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR SUBMITTAL. Page i City of Lubbock Public Works Contracting Office In an effort to better serve our suppliers, the City of Lubbock Public Works Contracting Office is conducting the following survey. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below. If you have any questions or need more information, please call (806)775-2163. RFQ 07-002-VK HOW DID YOU RECEIVE NOTICE OF THIS REQUEST FOR BID OR PROPOSAL? Lubbock Avalanche Journal? Yes No The Daily Commercial Record? Yes No From Plan Room or other type of service? Yes No Did you access the City of Lubbock website to search for bids? Yes No Facsimile or email from RFP Depot.com? Yes No Did you download from your home computer? Yes No Did you download from your company computer? Yes No Requested a copy from Lubbock Public Works Contracting Office? Yes No Are you a member of RFP Depot? Yes No Other: Please include this page with your submittal. THANK YOU. Page ii CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent And Attached to Submittal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within 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 proposal. If this time requirement is not met, the City has the right to reject the offeror's proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Public Works Contracting Officer for the City of Lubbock at (806) 775-2163. Contractor (Signature) CONTRACTOR'S FIRM NAME: (Print or Type) CONTRACTOR'S FIRM ADDRESS: Name of Agent/Broker: Agent / Broker (Signature) Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( Date: Contractor (Print) The Respondent must complete, sign and return as part of their submittal response. Page iii SAFETY RECORD QUESTIONNAIRE (Must Be Attached to Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Page iv Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Offeror's Initials QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? Page v YES NO If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Signature Title The Respondent must complete, sign and return as part of their submittal response. Page A SUSPENSION AND DEBARMENT CERTIFICATION (Must Be Attached to Submittal) Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non - procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: FEDERAL TAX ID or SOCIAL SECURITY No. Signature of Company Official: Printed name of company official signing above: Date Signed: The Respondent must complete, sign and return as part of their submittal response. Page vii Resolution No. 2007-RO318 REQUEST FOR QUALIFICATIONS DESIGNBUILD SERVICES FOR Animal Shelter & Adoption Center RFQ 07-002-VK Lubbock, Texas I. GENERAL INFORMATION & REQUIREMENTS The City of Lubbock ("Owner") is are soliciting Statements of Qualifications ("Qualifications") for selection of a Design -Build firm for Animal Shelter and Adoption Center ("Project"), in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications ("RFQ"). This RFQ is the first step in a two-step process for selecting a Design -Build firm for the Project as provided by Section 271.119, Texas Local Government Code. The RFQ provides the information necessary to prepare and submit Qualifications for consideration and initial ranking by the Owner. The Owner will evaluate each offeror's experience, technical competence, and capability to perform, the past performance of the offeror's team and members of the team, and other appropriate factors submitted by the team or firm in response to the RFQ. Cost -related or price -related evaluation factors are not permitted in the first step. Based on the initial ranking, the Owner may select up to five (5) of the top ranked Qualification respondents to respond to a separate Request for Proposals (RFP 07-02-VK) in the second step of the process. In the second step of the process, Request for Proposals ("RFP"), the top selected Qualifications respondents will be required to submit additional information to the Owner regarding demonstrated competence and qualifications, considerations of the safety and long-term durability of the Project, the feasibility of implementing the Project as proposed, the ability of the offeror to meet schedules, costing methodology, fee proposals, general conditions prices, and other factors as appropriate ("Proposals"). The Owner will rank the Proposals in the order that they provide the "best value" for the Owner based on the published selection criteria and on the ranking evaluations. The Owner will first attempt to negotiate a contract with the selected offeror. If the Owner is unable to negotiate a satisfactory contract with the selected offeror, the Owner will end negotiations with that offeror and proceed to negotiate with the next offeror in the order of the selection ranking until a contract is reached or negotiations with all ranked offerors end. Respondents should carefully read the information contained herein and must submit a complete response to all requirements and questions as directed. Qualification packages, which are qualified with conditional clauses, or alterations, or items not called for in the RFQ documents, or irregularities of any kind, are subject to disqualification by the City of Lubbock, hereinafter referred to as "CITY", at its option. Animal Shelter & Adoption Clinic Page I II. Owner makes no guarantee that an award will be made as a result of this RFQ, and reserves the right to accept or reject any or all qualification packages, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFQ or resulting contract when deemed to be in Owner's best interest. Representations made within the qualification packages will be binding on responding firms. Owner will not be bound to act by any previous communication or qualification packages submitted by the firms other than this RFQ. No qualification package may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. However, a qualification package may be withdrawn and resubmitted any time prior to the time set for receipt of qualification packages. No qualification package may be withdrawn after the submittal deadline without approval of Owner, which shall be based on Respondent's submittal, in writing, of a reason acceptable to Owner. Qualification packages are to be valid for Owner's acceptance for a minimum of 60 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Qualification packages, if accepted, shall remain valid for the life of the Contract. Qualification packages and any other information submitted by Respondents in response to this Request for Qualifications shall become the property of Owner. TENATIVE RFQ AND SELECTION SCHEDULE STEP 1- RFO Post RFQ at http://www.RFPdepot.com December 19, 2006 Advertise RFQ December 24, 2006 December 31, 2006 Pre -submittal Conference January 3, 2007 Written inquiries must be received by January 12, 2007 Responses to inquiries by January 18, 2007 RFQ Submittal Deadline January 25, 2007 Committee short list firms / individuals February 8, 2007 Notify Respondents February 9, 2007 STEP 2 -RFP Written inquiries must be received by February 22, 2007 Responses to inquiries by March 1, 2007 RFP Submittal Deadline March 8, 2007 Interviews of selected firms / individuals (if needed) March 19, 2007 Evaluation and Selection March 20, 2007 Animal Shelter & Adoption Clinic Page 2 Notify Respondents April 12, 2007 Owner reserves the right to modify this schedule as required. III. INQUIRIES AND CLARIFICATION OF REQUIREMENTS This RFQ provides general information on the project site, project scope, budget, special systems, selection criteria, other information that may assist potential design -build firms in submitting proposals for the Project. All inquiries regarding the RFQ and RFP must be in writing and must be submitted to the City of Lubbock Director of Purchasing & Contract Management via e-mail vkilman@mylubbock.us or at http://www.RFPdepot.com in sufficient time to allow Owner to respond. Owner will evaluate the inquiries, determine whether an addendum is required, and issue an appropriate response. Addenda will be posted at http://www.RFPdepot.com. Interested firms should check the posting, periodically, for revisions. We strongly suggest that you check for any addenda a minimum of forty- eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. Questions directed to other City officials or to other agencies will not receive consideration or a response. IV. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS The City of Lubbock hereby notifies all respondents that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. A DBE is defined as a small business concern which is at least 51 % owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. V. BACKGROUND: The City of Lubbock encompasses approximately 119.1 square miles with a population of over 212,000. The City's Animal Services Division currently has 21 full-time employees and is divided into two programs. The code enforcement program includes field officers who respond to approximately 25,000 service requests annually. A full service animal shelter housing program cares for and handles over 30,000 animals annually, which are impounded or received from Lubbock and surrounding communities. Portions of the current animal shelter facility are more than 60 years old. Area of Lubbock Animal Shelter 401 North Ash Animal Shelter & Adoption Clinic Page 3 HVAC SQUARE FEET Adoptions dogs 1,875 Cattery 400 Clinic 186 Closet by bathtub 44 Closet in cattery 44 Hallway by lost cats 143 Hallway by restroom 139 Lost Cat hallway 1,022 Prep area 215 Puppy area 112 Quarantine cats 330 Quarantine dogs 1,158 Restrooms 187 Shawns office/clinic 348 Shelter front offices/hallway 974 Small animal adoptions 414 Small animal room 334 Storage by clinic 232 Stray dog kennels 4,230 Sub -Total 12,387 NON HVAC East side of adoption dogs 819 Hallways outside stray dogs ill Indoor Dog park 1,698 Storage and shop area 2,102 West side of adoption dogs 1,101 Sub -Total 5,831 Total 18,218 Animal Shelter & Adoption Clinic Page 4 Area of Lubbock Animal Services Training Center Code Enforcement Division 401 North Ash HVAC SQUARE FEET Admin bathroom 57 Admin secretary 169 Breakroom 753 Closet in work-out area 100 Conference room 1,792 Director 128 Dispatch 105 Field Office 283 Field supervisor 130 Hallways 363 Mechanical room 94 Mens bathroom 291 North work-out area 540 Small closet by womens BR 32 South mens bathroom 203 South office 138 South work-out area 1,063 Storage in conference room 184 Vending machine area 234 Womens bathroom 187 Sub -Total 6,846 Non-HVAC Garage 850 Storage off garage 100 Sub -total 950 Total 8,746 Animal Shelter & Adoption Clinic Page 55 Kennels and Cages Dog Kennels Small Large Kennels Kennels Adoption 36 24 12 Life Rooms 0 6 6 Stray 60 40 40 Dog Cages Small Cages Large Cages Adoption 10 10 Evaluation area 0 4 4 Isolation 0 6 6 Quarantine 12 8 Stray 10 10 Cats Cages Small Cages Large Cages Adoption 20 20 Clinic 4 6 6 Condos 0 4 Grooming 0 3 3 Isolation 0 10 Public Receiving 0 10 Quarantine 10 Stray 66 44 Animal Shelter & Adoption Clinic Page 6 Current Vital Statistics Number of Animals Entering LAS YEAR DOGS Dead CATS Dead Livestock Dead Wildlife Dead Other Dead Total 1999 - 2000 15,161 938 11,030 499 20 4 402 86 105 0 28,245 000- 001 115,735 1,665 11,225 7761 24 61 481 174 79 21 30,163 2001- 2002 14,438 2,452 11,6471,32 26 9 888 441 61 57 31,335 2002- 003 113,389 3,178 12,2551,563 18 17 770 6581 78 401 31,966 003- 004 14,134 2,765 10,480 1,782 12 14 668 448 42 112 30,457 004- 005 114,004 3,5301 10,190 2,301 21 6 958 6251 551 70 32,48 2005- 006 13,941 3,565 8,815 2,025 14 4 1,312 820 66 35 30,597 Animals Euthanized Year Dog per Dogs Cats per Owner Cats Other Total Owner 1999- 192 5,074 30 3,985 9,564 18,845 2000 2000- 92 5,355 22 3,860 9,579 18,908 2001 2001- 127 4,722 23 4,644 10,100 19,616 2002 2002 - 185 4,548 45 5,393 11,685 21,856 2003 2003- 202 5,021 48 4933 11,050 21,254 2004 2004- 182 4,984 37 5,157 13,642 24,002 2005 2005- 158 4,654 42 4,010 10,385 19,249 2006 Animal Shelter & Adoption Clinic Page 7 Dispositions Dogs Cats Dogs Cats YEAR Adopted Adopted Redeemed Redeemed Dogs/Rescue Cats/Rescue Totals 1999- 836 741 1,181 79 23 8 2868 2000 2000- 883 660 1,364 57 70 33 3017 2001 2001- 1,130 760 1,228 93 122 67 340 002 2002- 1,074 573 1,215 85 54 57 3058 003 003- 985 324 1,325 68 140 30 287 004 004- 987 253 1,200 79 146 80 2745 005 005- 1,155 258 1,156 57 15 37 2817 2006 VI. DESIGNBUILD SERVICES OVERVIEW: Following selection of a design -build firm, that firm's engineers or architects shall complete the design, submitting all design elements for review and determination of scope compliance to the Owner or the Owner's engineer or architect before or concurrently with construction. An engineer shall have responsibility for compliance with the engineering design requirements and all other applicable requirements of Chapter 1001, Occupations Code. An architect shall have responsibility for compliance with the requirements of Chapter 1051, Occupations Code. The design -build firm shall supply a signed and sealed set of construction documents for the project to the Owner at the conclusion of construction. A payment or performance bond is not required for, and may not provide coverage for, the portion of a design -build contract that includes design services only. If a fixed contract amount or guaranteed maximum price has not been determined at the time a design -build contract is awarded, the penal sums of the performance and payment bonds delivered to the Owner must each be in an amount equal to the project budget, as specified in the RFQ. The design -build firm shall deliver the bonds not later than the tenth day after the date the design -build firm executes the contract unless the design -build firm furnishes a bid bond or other financial security acceptable to the Owner to ensure Animal Shelter & Adoption Clinic Page 8 that the design -build firm will furnish the required performance and payment bonds when a guaranteed maximum price is established. It shall be each respondent'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. The Design/Build Contractor will be responsible for site selection and the following site services: Schematic Design Phase Services DESIGNBUILD CONTRACTOR will furnish Contract Documents that shall be adapted by the Design/Build Contractor to meet Owner's program, site, and utility requirements. The Design/Build Contractor shall provide an opinion of probable construction cost and develop a preliminary Project budget and a Project Completion schedule at the end of the Schematic Design Phase. Design Development Phase Services The Design/Build Contractor shall include site adaptation, utility access requirements, and modifications and refinement of Owner provided drawings of the proposed Project site plan. The Design Development Phase shall produce documents that: define and describe the size, character, and location of all facility systems, components, finishes; satisfy program requirements; and comply with applicable codes and regulations. The Design/Build Contractor shall conduct value -engineering studies and update the opinion of probable cost to verify the Project remains within the established budget and schedule. The Design/Build Contractor at its own expense will secure the services of architects, engineers, or other special consultants to develop such additional information as may be necessary for the design of the project. Before proceeding into the Construction Document Phase, the Design/Build Contractor shall obtain Owner's written approval of the Design Development Documents and the mutually established Construction Budget. Construction Document Phase Services Based on the approved Design Development Documents the Design/Build Contractor shall prepare, for approval by Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for construction of the Project. The Design/Build Contractor shall not be entitled to any adjustments in the approved Animal Shelter & Adoption Clinic Page 9 Project Construction Cost except for changes in Project scope or quantity ordered by Owner in writing which materially increase the cost to construct the Project, and in accordance with the procedures and requirements set forth in the Uniform General Conditions and Supplementary General Conditions. The Contract Document Phase services shall result ultimately in a comprehensive set of construction drawings and specifications in sufficient detail for construction of the Project. All work shall be in compliance with the Uniform Building Code and NFPA 101, Life Safety Code. The construction documents must be prepared and sealed by an architect and engineer registered in the State of Texas. The Design/Build Contractor shall also develop an opinion of probable cost, prepare appropriate procurement packages, and assist in evaluating sub -contractor proposals. The Design/Build Contractor, at the Design/Build Contractor's expense, shall furnish and deliver three (3) complete sets of all plans, drawings and specification to Owner at each stage of review. The Design/Build Contractor shall incorporate into the plans, drawings and specifications such changes as are necessary to satisfy Owner's review comments; any of which may be appealed in writing for good cause. The Design/Build Contractor shall pay for the reproduction of all plans, specifications and other documents for use by the Design/Build Contractor and its consultants and subcontractors, and all documents reproduced for review by Owner, except for changes generated solely by Owner. Construction Phase — Administration of the Construction Contract The Design/Build Contractor, following the written approval by Owner of the Construction Documents, shall proceed with the Construction Phase. The Design/Build Contractor at its own expense will secure the services of architects, engineers or other special consultants to develop such additional information as may be necessary for the design of the project. DESIGN/BUILD CONTRACTOR shall arrange and pay for structural, mechanical, chemical and other laboratory tests by an independent testing laboratory as necessary during construction. Owner will review the Design/Build Contractor's design at the completion of Design Development and at the various stages of the Construction Documents. Comments concerning corrections or amendments to the plans and specifications will be furnished in writing to the Design/Build Contractor as promptly as possible after receipt of the documents for review. Owner shall furnish required information and/or services, and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Design/Build Contractor's services and of the Work. Animal Shelter & Adoption Clinic Page 10 Owner may furnish one or more Construction Inspectors who shall be given access to the Work as requested or needed, but the provision of such Inspectors by Owner for its own purposes shall not reduce or lessen in any respect the Design/Build Contractor's obligations hereunder. The Design/Build Contractor shall remain fully and solely responsible for the drawings, specifications, and other contract documents furnished or provided by Design/Build Contractor, and for constructing the Project in strict accordance with the Contract Documents, except when ordered otherwise by Owner, and the Design/Build Contractor objects in writing promptly and in a timely manner. The Construction Phase services shall include, but not be limited to: construction of the project within budget and time, construction reports, review and approval of submittals and pay applications, response to Requests for Information, processing change orders, participation in a final inspection, assistance in correction of punch list deficiencies, assistance with Project acceptance and contract close-out activities, preparation, and provision of record drawings in the current version of AutoCAD and Mylar, and assistance in resolving warranty issues. The Design/Build Professional shall furnish all labor, services, supplies, materials and equipment required to complete the work in accordance with this Request for Qualifications. VII. SELECTION CRITERIA AND SUBMITTAL FORMAT STEP 1— REOUEST FOR QUALIFICATIONS (RF Owner will convene a selection committee to evaluate each offeror's experience, technical competence, and capability to perform, the past performance of the offeror's team and members of the team, and other appropriate factors submitted by the team or firm in response to the RFQ, except that cost -related or price -related evaluation factors are not considered in Step 1. Each offeror must certify to the Owner that each engineer or architect that is a member of its team was selected based on demonstrated competence and qualifications in the manner provided by Section 2254.004, Government Code. Owner shall qualify a maximum of five (5) offerors to submit additional information and, if Owner chooses, to interview for final selection (Step 2). No cost or price related factors will be considered in Step 1. SUBMISSION OF QUALIFICATIONS DEADLINE AND LOCATION: The Owner will receive Qualifications at the time and location described below. Thursday, January 25, 2007 at 4:00 PM local time City of Lubbock Victor Kilman, Director of Purchasing & Contract Management Animal Shelter & Adoption Clinic Page 11 Municipal Building Room 102 162513th Street Lubbock, Texas 79401 Submit one original and rive identical copies of the Statement of Qualifications. An original signature must be included on the "Respondent's Statement of Qualifications and Availability to Undertake the Project" document submitted with each copy. Qualifications received after the above submittal deadline will be returned to the respondent unopened. The Owner will not acknowledge or receive Qualifications that are delivered by telephone, facsimile (fax), or electronic mail (e-mail). Properly submitted Qualifications will not be returned to respondents. Qualifications materials must be enclosed in a sealed envelope (box or container) addressed to the Point of Contact person; the package must clearly identify the submittal deadline, the RFQ number, and the name and return address of the respondent. Properly submitted Qualifications will be opened publicly and the names of the respondents will be read aloud. POINT -OF -CONTACT: The Owner designates the following person, as its representative and Point -of -Contact for this RFQ. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFQ, including questions regarding terms and conditions, to the Point -of -Contact person. City of Lubbock Victor Kilman, Director of Purchasing & Contract Management Municipal Building Room 102 1625 13th Street Lubbock, Texas 79401 EVALUATION OF QUALIFICATIONS: The evaluation of the Qualifications shall be based on the requirements described in this RFQ. All properly submitted Qualifications will be reviewed, evaluated, and ranked by the Owner. The top five or fewer ranked respondents may be selected by the Owner to participate in Step 2 of the selection process. Qualifications shall not include any information regarding respondent's fees, pricing, or other compensation. Such information will be solicited from firms qualified by the Owner to participate in Step 2 of the selection process. OWNER'S RESERVATION OF RIGHTS: The Owner may evaluate the Qualifications based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Qualifications and re -solicit for new Qualifications, or to reject any and all proposals and Animal Shelter & Adoption Clinic Page 12 temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ. ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Qualifications in response to this RFQ, respondent accepts the evaluation process and acknowledges and accepts that determination of the "most qualified" firm(s) will require subjective judgments by the Owner. NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the respondent's participation in this RFQ process shall be at the sole risk and responsibility of the respondent. Respondents submit Qualifications and Proposals at their own risk and expense. PRE -SUBMITTAL CONFERENCE: A pre -submittal conference will be held at the time and location described below. Wednesday, January 3, 2007 at 2:00 PM local time City of Lubbock Animal Shelter Conference Room 401 North Ash, Lubbock, Texas A guided tour of the Lubbock Animal Shelter will be included as a part of the conference agenda. This may be the only opportunity for potential respondents to view the current Lubbock Animal Shelter before the submittal of Qualifications. Attendance at the pre - submittal conference is optional. ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Qualification. CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: The Owner may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the Owner to participate in preparing the specifications or Request for Proposals on which the proposal or contract is based. All offerors must certify their eligibility by acknowledging the following statement, "The offeror certifies that the individual or business entity named in this proposal or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate." If the Owner determines that an individual or business entity holding a City of Lubbock contract was ineligible to have the contract accepted or awarded as described above, the Owner may immediately terminate the contract without further obligation to the Contractor. This section does not create a cause of action to contest a proposal or award of a city contract. SALES AND USE TAXES: Section 151.311, Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal Animal Shelter & Adoption Clinic Page 13 property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities, which includes the City of Lubbock. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract." REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The Texas Workers' Compensation Commission has adopted a new rule, 28 TAC, sec. 110.110, relating to REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES. The rule applies to all building or construction contracts advertised for bid on or after September 1, 1994. The rule implements sec. 406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rule are set forth in Article 6 of the Uniform General Conditions. PREVAILING WAGE RATE DETERMINATION: Respondents are advised that the Texas Prevailing Wage Law will be administered in accordance with Exhibits D, E, F, and G. The penalty for violation of prevailing wage rates has been increased from $10.00 per underpaid worker per day or portion thereof to $60.00. REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS All Design/Build Firms responding to this Request for Qualifications must submit complete responses to the information requested in this section and must note any exceptions to any information contained or requested in the RFQ. Responses will be evaluated based upon the Selection Criteria listed below. Responders should present information in a clear and concise manner following the order and format indicated below. If two independent firms (e.g. Architectural/Engineering firm and Construction Contractor) have formed an association to respond as the Design/Build Contractor, provide the requested information for each respective firm on separate sheets. CRITERION ONE: RESPONDENT'S STATEMENT OF OUALIFICATIONS AND AVAILABILITY TO UNDERTAKE THE PROJECT (Maximum of two (2) printed pages per question) — 10% Provide a statement of interest for the Project including a narrative describing the respondent's unique qualifications as they pertain to this particular Project. Provide a statement on the availability and commitment of the respondent, its principal(s) and assigned professionals to undertake the Project. Animal Shelter & Adoption Clinic Page 14 CRITERION TWO: RESPONDENT'S ABILITY TO PROVIDE DESIGN -BUILD SERVICES — 20% Provide the following information on your firm for the past five (5) fiscal years: Volume Annual number, value, and percent change of contracts in Lubbock per year; Annual number, value, and percent change of contracts in Texas per year; Annual number, value, and percent change of contracts nationally per year; Revenues Annual revenue totals and percent change per year; Bonding Total bonding capacity; and Available bonding capacity and current backlog. Attach a letter of intent from a surety company indicating your firm's ability to bond for the entire construction cost of the project. The surety shall acknowledge that the firm may be bonded for each stage/phase of the project, with a potential maximum construction cost of $1,500,000 less cost of land acquisition for Project Phase 1. It is the Owner's intent for Phase 1 to provide the Lubbock Animal Shelter with the functionality to perform their current services at a new site location. The Project will need to be divided into multiple phases as additional funds become available for this purpose. Each phase will have its own deadline or completion date. The estimated budget for Project Phase 1 is $1.5 million and includes the cost of the site for the new animal shelter. Identify if your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity? If so, please explain the impact both in organization and company direction. Provide details of any past or pending litigation, or claims filed, against your firm that may affect your performance under a Contract with the Owner. Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution. Does any relationship exist by relative, business associate, capital funding agreement, or any other such kinship between your firm and any Owner employee, officer, or Council member? If so, please explain. CRITERION THREE: QUALIFICATIONS OF DESIGN -BUILD TEAM — 20% Describe your management philosophy for the Design -Build construction delivery method. Animal Shelter & Adoption Clinic Page 15 Provide resumes of the Design -Build team that will be directly involved in the Project, including their experience with similar projects, the number of years with the firm, and their city(s) of residence. Describe, in graphic and written form, the proposed Project assignments and lines of authority and communication for each team member to be directly involved in the Project. Indicate the estimated percent of time these team members will be involved in the Project for Pre -construction and Construction Services. Identify the proposed team members (including consultants) who worked on the Projects listed in Criteria Four and Criteria Five of this RFQ, and describe their responsibility in those projects compared to this project. Identify any consultants that are included as part of the proposed team, their role related experience for this Project. List projects for which the consultant(s) has worked with the respondent. CRITERION FOUR: RESPONDENT'S PAST PERFORMANCE ON REPRESENTATIVE DESIGN -BUILD PROJECTS - 10% Identify and describe the proposed Team's past experience for providing Design -Build services that are MOST RELATED TO THIS PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed: • Project name, location, contract delivery method, and description • Color images (photographic or machine reproductions) • Final construction cost • Final project size in gross square feet • Type of construction (new, renovation, or expansion) • Actual Notice To Proceed for Pre -Construction Services • Actual Notice to Proceed, Substantial Completion, and Final Payment dates for Construction Services • Name of Project Manager (individual responsible to the Owner for the overall success of the project) • Name of Project Superintendent (individual responsible for coordinating the day to day work) • Names of Mechanical, Plumbing, and Electrical subcontractors References (for each project listed above, identify the following): • The Owner's name and representative who served as the day-to-day liaison during the design and construction phases of the project, including telephone number Animal Shelter & Adoption Clinic Page 16 • Architect/Engineer's name and representative who served as the day-to-day liaison during the construction phase of the project, including telephone number • Length of business relationship with the Owner. References shall be considered relevant based on specific project participation and experience with the Respondent. The Owner may contact references during any part of this process. The Owner reserves the right to contact any other references at any time during the RFQ/P process. Identify a maximum of three (3) completed projects, of any type, for which your firm has received an award for construction excellence from a recognized organization and provide descriptive information for each. CRITERION FIVE: RESPONDENT'S PAST PERFORMANCE ON CITY OF LUBBOCK PROJECTS — 5% Identify and describe the proposed Team's past experience for providing Design -Build Services on City of Lubbock projects within the last five (5) years. If the respondent has not previously provided Design -Build services for the City of Lubbock, then identify and describe the respondent's past performance on Design -Build projects within the last five (5) years. In either case above, provide the following information for each project listed: • Project name, location, contract delivery method, and description • Color images (photographic or machine reproductions) • Final construction cost • Final project size in gross square feet • Type of construction (new, renovation, or expansion) • Actual Notice To Proceed for Pre -Construction Services • Actual Notice To Proceed, Substantial Completion, and Final Payment dates for Construction Services • Name of Project Manager (individual responsible to the Owner for the overall success of the project) • Name of Project Superintendent (individual responsible for coordinating the day to day work) • Names of Mechanical, Plumbing and Electrical subcontractors CRITERION SIX: RESPONDENT'S ABILITY TO ESTABLISH BUDGETS AND CONTROL COSTS ON PAST PROJECTS — 5% Animal Shelter & Adoption Clinic Page 17 Describe your fiduciary responsibility as a Design -Build using Guaranteed Maximum Price contracts for publicly funded projects. Describe your cost estimating methods. From any of three (3) projects listed in response to Criteria 4 and 5 of this RFQ, describe how the estimates were developed, how often they were updated and the degree of accuracy achieved. Describe your cost control methods during construction and how you procure subcontracts, confirm scope, amount, and ensure proper payment. From any three (3) projects listed in response to Criteria 4 and 5 of this RFQ, provide examples of how these techniques were used and the degree of accuracy achieved. Describe your methodology for working with the Project Architect/Engineer and their consultants to deliver a Guaranteed Maximum Price and to maintain the GMP throughout the design and construction process. Provide a sample of a cost estimate used to establish a contract amount from any project listed in Criteria 4 and 5 of this RFQ. The Owner intends to accept a Guaranteed Maximum Price prior to completion of Construction Documents. Describe 1) your process for ensuring that the Design Documents provide the information necessary to arrive at a complete GMP, including all Owner requirements with reasonable contingencies, and 2) your process for subsequently ensuring that the 100% Construction Documents align with the project scope in the previously accepted GMP proposal documents. CRITERION SEVEN: RESPONDENT'S ABILITY TO MEET SCHEDULES ON PAST PROJECTS - 5% Describe how you will develop, maintain and update the project schedule during design and construction. Describe your approach to assuring timely completion of this project, including methods for schedule recovery, if necessary. From any three (3) of the projects listed in response to Criteria 4 and 5 of this RFQ, provide examples of how these techniques were used, including specific scheduling challenges/requirements and actual solutions. Describe how you develop and maintain work schedules during design and construction to coordinate with the Owner's project schedule. From any three (3) projects listed in response to Criteria 4 and 5 of this RFQ, provide examples of how these techniques were used. From any of three (3) of the projects listed in response to Criteria 4 and 5 of this RFQ, provide a sample of the monthly schedule reports, including identified milestones and schedule recovery plans. Animal Shelter & Adoption Clinic Page 18 CRITERION EIGHT: RESPONDENT'S KNOWLEDGE OF CURRENT CONSTRUCTION METHODOLOGIES, TECHNOLOGIES AND BEST PRACTICES —5% Describe your quality assurance program. Explain the methods used to ensure quality control during the Construction phase of a project. Provide specific examples of how these techniques or procedures were used from any three (3) projects listed in response to Criteria 4 and 5 of this RFQ. Describe your procedures for implementing industry's "best practices" as defined by the Construction Industry Institute and similar organizations for: • Establishing and tracking project objectives • Using project scope definition resources (i.e. Project Definitions Rating Index (PDRI)) in order to obtain complete and accurate design and construction documents from the A/E • Partnering • Cost tracking • Change (order) management systems • Total quality management for each phase, including close-out and commissioning Provide an example of a successful constructability program used to maintain project budgets without sacrificing quality. Describe your methodology for advertising, evaluating and selecting trade contrators as a Design -Build. As the Design -Build, describe your relationship with the local subcontracting community. Describe how you have maintained security during the construction of an occupied facility listed in Criteria 4 and 5 of this RFQ. Describe your past experience dealing with congested site conditions for any project listed in Criteria 4 and 5 of this RFQ. Provide any other details regarding special services, products, advantages or other benefits offered to the Owner by the Respondent. CRITERION NINE: RESPONDENT'S ABILITY TO IDENTIFY AND RESOLVE PROBLEMS ON PAST PROJECTS — 5% Describe your understanding of the administrative challenges and opportunities associated with providing Preconstruction and Construction services for the City of Lubbock on this project, and your strategy for resolving these issues. Animal Shelter & Adoption Clinic Page 19 Understanding the schedule limitations, provide an analysis of the Owner's project planning schedule in Section 2 of this RFQ and describe your plan for communicating constructability, phasing, value engineering and other budget options in a form that will quickly facilitate the Owner's decision making. For any combination of three (3) projects listed in response to Criteria 4 and 5 of this RFQ, describe any conflicts with the Owner, Consultants, Architect/Engineer, or subcontractors and describe the methods used by the Respondent to resolve those conflicts. Describe your experience with renovation/expansion projects in occupied facilities. Provide examples of Preconstruction services provided that creatively incorporated mechanical, electrical, and plumbing solutions in similar structures. CRITERION TEN: EXECUTION OF OFFER — 15% NOTE TO RESPONDENTS: SUBMIT ENTIRE CRITERION SECTION WITH RESPONSE. THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE RESPONDENT'S QUALIFICATIONS. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY RESULT IN REJECTION OF THE QUALIFICATIONS. SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT'S QUALIFICATIONS, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT OWNER'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR PURCHASE ORDER. By signature hereon, Respondent acknowledges and agrees that (1) this RFQ is a solicitation for Qualifications and is not a contract or an offer to contract; (2) the submission of Qualifications by Respondent in response to this RFQ will not create a contract between the Owner and Respondent; (3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this RFQ; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFQ. By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Qualifications, and to comply with all terms, conditions and requirements set forth in the RFQ documents and contained herein. By signature hereon, Respondent affirms that he has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special Animal Shelter & Adoption Clinic Page 20 discount, trip, favor or service to a public servant in connection with the submitted Qualifications. By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Owner represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Qualifications made to any competitor or any other person engaged in such line of business. By signature hereon, Respondent represents and warrants that: • Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFQ; • Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFQ; • Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances; • Respondent understands the requirements and specifications set forth in this RFQ; • Respondent, if selected by the Owner, will maintain insurance as required by the RFQ; • All statements, information and representations prepared and submitted in response to this RFQ are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information. By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the RFQ is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent's Qualifications. By signature hereon, Respondent certifies as follows: • "Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and qualifications only." By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of the City of Lubbock, or Respondent has not been an employee of the City of Lubbock within the immediate twelve (12) months prior to your Animal Shelter & Adoption Clinic Page 21 RFQ response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with Respondent. By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFQ. Respondent represents and warrants that all articles and services quoted in response to this RFQ meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation. By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities. By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the City of Lubbock, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent's Qualifications. By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of Respondent's Qualifications, will be applied towards any debt including, but not limited to, delinquent taxes that is owed to the City of Lubbock. By signature hereon, Respondent certifies that no member of the City Council of the City of Lubbock, or the Executive Officers of the City of Lubbock, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract. Animal Shelter & Adoption Clinic Page 22 The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent's company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification. Respondent's Name: Respondent's State of Texas Tax Account No.: (This 11 digit number is mandatory) If a Corporation: Respondent's State of Incorporation: Respondent's Charter No: Identify each person who owns at least 25% of the Respondent's business entity by name: (Name) (Name) (Name) (Name) Submitted and Certified By: (Respondent's Name) (Title) (Street Address) (City, State, Zip Code) (AUTHORIZED SIGNATURE) (Telephone Number) (Fax Number) (DATE) Animal Shelter & Adoption Clinic Page 23 FORMAT FOR STATEMENT OF OUALIFICATIONS GENERAL INSTRUCTIONS: Qualifications shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the respondent's ability to meet the requirements of this RFQ. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs. Qualifications shall be a MAXIMUM OF FIFTY (50) PRINTED PAGES. The cover, table of contents, divider sheets, and Execution of Offer do not count as printed pages. Respondents shall carefully read the information contained in this RFQ and submit a complete response to all requirements and questions as directed. Incomplete Qualifications will be considered non -responsive and subject to rejection. Qualifications and any other information submitted by respondents in response to this RFQ shall become the property of the Owner. Qualifications that are qualified with conditional clauses, alterations, items not called for in the RFQ documents, or irregularities of any kind are subject to rejection by the Owner, at its option. The Owner makes no representations of any kind that an award will be made as a result of this RFQ, or subsequent RFP. The Owner reserves the right to accept or reject any or all Qualifications, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFQ when deemed to be in Owner's best interest. Qualifications shall consist of answers to questions identified in the RFQ and responses to the information requested in RFQ Criteria One through Ten. Failure to comply with all requirements contained in this Request for Qualifications may result in the rejection of the Qualifications. PAGE SIZE, BINDING, DIVIDERS, AND TABS: Qualifications shall be printed on letter -size (8-1/2" x 11") paper and assembled with spiral -type bindings or staples. DO NOT USE METAL -RING HARD COVER BINDERS. Additional attachments shall NOT be included with the Qualifications. Only criteria responses and the responses provided by the respondent to the questions identified in this RFQ will be used by the Owner for evaluation. Separate and identify each criteria response to this RFQ by use of a divider sheet with an integral tab for ready reference. TABLE OF CONTENTS: Submittals shall include a "Table of Contents" and give page numbers for each part the Qualifications. PAGINATION: Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.). Animal Shelter & Adoption Clinic Page 24 STEP 2 — REQUEST FOR PROPOSALS (RFP) — PROPOSAL TO BE SUBMITTED BY RESPONDENT ONLY IF RESPONDENT IS SELECTED TO PROCEED TO STEP 2 SUBMISSION OF PROPOSALS DEADLINE AND LOCATION: The Owner will receive Proposals until Thursday, March 8, 2007 at 4:00 PM local time at City Hall, 1625 131h Street, Lubbock, Texas. Proposals shall be addressed to the Point -of -Contact person identified below. Submit one original and rive identical copies of the Proposal. Proposals received late will be returned to the respondent unopened. The Owner will not acknowledge or receive Proposals that are delivered by telephone, facsimile (fax), or electronic mail (e-mail). Properly submitted Proposals will not be returned to respondents. Proposal materials must be enclosed in a sealed envelope (box or container) addressed to the Point -of -Contact person; the package must clearly identify the submittal deadline, the RFP number, and the name and return address of the respondent. Properly submitted Proposals will be opened publicly and the names of the respondents will be read aloud. POINT -OF -CONTACT: The Owner designates the following person, as its representative and Point -of -Contact for this RFP. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFP, including questions regarding terms and conditions, to the Point -of -Contact person. City of Lubbock Victor Kilman Director of Purchasing & Contract Management Municipal Building Room 102 1625 13th Street Lubbock, Texas 79401 EVALUATION OF PROPOSAL: The evaluation of the Proposals shall be based on the Respondent's Pricing and Delivery Proposal and other selection criteria as described in this RFP. All properly submitted Proposals will be reviewed, evaluated, and ranked by the Owner. OWNER'S RESERVATION OF RIGHTS: The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re -solicit for new Qualifications, or to reject any and all Proposals and temporarily or Animal Shelter & Adoption Clinic Page 25 permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP. ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Proposal in response to this RFP, respondent accepts the evaluation process and acknowledges and accepts that determination of the "best value" firm will require subjective judgments by the Owner. NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the respondent's participation in this RFP shall be at the sole risk and responsibility of the respondent. REQUIREMENTS FOR PROPOSAL All Design/Build Firms responding to the Request for Proposals must submit complete responses to the information requested in this section and must note any exceptions to any information contained or requested in the RFP. Responses will be evaluated based on the Selection Criteria listed below. Responders should present information in a clear and concise manner following the order and format indicated below. If two independent firms (e.g. Architectural/Engineering firm and Construction Contractor) have formed an association to respond as the Design/Build Contractor, provide the requested information for each respective firm on separate sheets. CRITERION ONE: RESPONDENT'S PRE -CONSTRUCTION PHASE SERVICES AND PROJECT EXECUTION PLAN FOR THIS PROJECT — 15% Describe your Construction Management and Execution plan for providing Preconstruction Phase Services required for this Project. Confirm in graphic form the proposed Project assignments, lines of authority and communication for each member and the estimated percent of time these individuals will be involved in this Project for Pre -Construction Services. Provide a detailed list of all Preconstruction Services, including site selection, that you will provide to the Owner and Architect/Engineer (A/E) on this Project. Describe what you perceive are the critical Pre -Construction issues for this Project? Describe your procedures, objectives and personnel responsible for reviewing design and construction documents and for providing feedback regarding cost, schedule and constructability to the A/E and the Owner on this Project. Describe your Bid/Proposal Package Strategy for completion of the Construction Documents and for procuring Cost of the Work from subcontractors, vendors, suppliers, etc. Animal Shelter & Adoption Clinic Page 26 Describe your plans to interface with the A/E and its consultants to enhance the design and planning process on this Project. Describe your Constructability Program for this Project and how it will be implemented. Provide examples of records, reports, monitoring systems, and information management systems you will use on this Project during Pre -Construction Services. Describe your process for attracting qualified and experienced mechanical, electrical and plumbing subcontractors to submit proposals for this project. CRITERION TWO: RESPONDENT'S CONSTRUCTION PHASE SERVICES AND PROJECT EXECUTION PLAN FOR THIS PROJECT — 15% Describe your Construction Management and Execution plan for providing Construction Phase Services required for this Project. Confirm in graphic form the proposed Project assignments, lines of authority and communication for each member and the estimated percent of time these individuals will be involved in this Project for Construction Services. Provide a detailed list of all Construction Services you will provide to the Owner and the Architect/Engineer (A/E) on this Project. Describe what you perceive are the critical Construction issues for this Project? Describe your ability and desire to self -perform work on this Project, and the method for determining yourself as the "best value" through a competitive proposal process. Provide examples of records, reports, monitoring systems, and information management systems you will use on this Project during Construction Services. Describe your approach to containing storm water run-off and meeting the regulatory requirements of the Texas Commission on Environmental Quality's (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit No. TXR150000 and The City of Lubbock Water Use Management Plan for projects that will disturb land. Describe your approach to coordinating inspections and approvals with the Texas Department of Licensing and Regulation regarding Texas Accessibility Standards. Describe your approach to coordinating inspections and approvals with the City of Lubbock Fire Marshall regarding approval of life safety systems. CRITERION THREE: RESPONDENT'S ESTIMATING AND COST CONTROL MEASURES FOR THIS PROJECT —15% Animal Shelter & Adoption Clinic Page 27 Identify the proposed cost control team for Pre -Construction and Construction Services, their duties, city(s) of residence, estimating system, and Guaranteed Maximum Price (GMP) cost control system for this Project. Describe your project estimating system for developing the GMP Proposal and how you will monitor and track these costs during the procurement and payment process. Describe how the cost control team will ensure the executed GMP Proposal will be within the Owner's budget on this Project. The Owner has established a Design -Build budget limitation amount of $1,500,000 for the first phase of the project. If the Owner requests a GMP prior to 100% completion of the Construction Documents, describe your process for ensuring that the scope, cost and schedule assumptions will arrive at a "complete" GMP Proposal for the complete Project. Describe the contingencies you will propose in the GMP, and how these contingencies will be managed through the completion of Construction Phase Services. Describe your plans for establishing, tracking, reporting and payment of the GMP and possible future changes on this Project. Describe your philosophy regarding Payment and Performance bonds required by the Owner on this project, and the bonds your firm requires of subcontractors. Identify a maximum of five (5) projects from Criteria 4 and 5 with GMP contracts and the amount of savings returned to the Owner. CRITERION FOUR: RESPONDENT'S PROJECT PLANNING AND SCHEDULING FOR THIS PROJECT — 15% Identify the specific resources (i.e. personnel, hardware, software, etc.) to be used on this Project. Provide resumes, indicating the scheduling experience of all personnel responsible for establishing and updating the project schedule, and their city(s) of residence for this Project. Provide a CPM Milestone schedule for this Project and identify specific critical process, phases, milestones, approvals, and procurements anticipated. As the Project Scheduler, describe your philosophy to achieve the Owner's required Substantial Completion date. Describe your plan for meeting or improving the Owner's proposed schedule for design and/or construction. If you propose to improve the schedule, describe the impact on quality of services, materials, or workmanship that may occur. Animal Shelter & Adoption Clinic Page 28 CRITERION FIVE: RESPONDENT'S QUALITY CONTROL AND COMMISSIONING PROGRAM FOR THIS PROJECT — 5% Identify the quality control and commissioning team, their duties, city(s) of residence and their objectives for this Project. Describe how your quality control team will measure the quality of construction and commissioning performed by mechanical and electrical subcontractors, and how you will address non -conforming work. Describe your implementation of a quality control process for this Project during the Design Development stage though completion of Construction Documents stage. Describe how your quality control team will measure the quality of construction performed by trade contractors on this Project, and how will you address non -conforming work. Describe how your quality control team will measure the quality of construction performed by mechanical and electrical subcontractors on this Project, and how will you address non -conforming work. CRITERION SIX: REPONDENT'S GENERAL UNDERSTANDING OF THE CITY OF LUBBOCK DESIGN -BUILD AGREEMENT — 5% Describe your interpretation of the Owner's responsibility for payment of the GMP line items and costs within those line items. Describe your fiduciary responsibility to the Owner (as a public agency) for tracking all construction costs and contingencies on this Project. Describe your philosophy for maximizing Project scope for the Owner during Preconstruction Services, minimizing risk to yourself, and identifying when savings can be returned to the Owner during construction. Describe your methods for advertising, receiving proposals, awarding contracts and paying trade contractors on this Project, including review by the Owner. CRITERION SEVEN: RESPONDENT'S JOB SITE SAFETY PROGRAM FOR THIS PROJECT — 5% Describe your job site safety program for this Project and specific safety policies in which employees must be in compliance. Identify the Project safety team, their qualifications, duties and city(s) of residence. Identify any deaths that have occurred on a project site controlled by your firm, or any subcontractor(s) (at any contractual level), that had a death on your project site? If so, describe how you have revised your program. Animal Shelter & Adoption Clinic Page 29 CRITERION EIGHT: RESPONDENT'S WARRANTY AND SERVICE SUPPORT PROGRAM FOR THIS PROJECT - 5% Describe your warranty service support philosophy and warranty service implementation plan for this Project. Describe how you will measure the quality of service provided to the Owner for this Project. Provide reference letters from three (3) Owners identified in Criteria 4 and 5 that describe your response to, and performance on, warranty services AFTER substantial completion. CRITERION NINE: REPONDENT' S PRICING AND DELIVERY PROPOSAL — 20% Complete the attached "Pricing and Delivery Proposal" form. Animal Shelter & Adoption Clinic Page 30 RESPONDENT'S PRICING AND DELIVERY PROPOSAL RFP 07-002-VK Animal Shelter and Adoption Center TO BE SUBMITTED BY RESPONDENT ONLY IF RESPONDENT IS SELECTED TO PROCEED TO STEP 2 Proposal of: (Respondent's Company Name) To: City of Lubbock Victor Kilman Director of Purchasing & Contract Management Municipal Building Room 102 162513th Street Lubbock, Texas 79401 Having carefully examined all the requirements of this RFP, and any attachments to the RFP, the undersigned proposes to furnish Design -Build services as required for this Project on the following terms: Construction Cost Limitation The anticipated Construction Cost Limitation (CCL) for the Project: Dollars ($ ) Pre -Construction Phase Fee For Pre -Construction Phase Services, Owner shall pay Design/Build Contractor a Pre -Construction Phase Fee in accordance with the following schedule: Pre -Design Stage (5%) $ Schematic Design Stage (10%) $ Design Development Stage (20%) $ GMP Development Stage (20%) $ Construction Documents Stage (40%) $ Bid Proposal Stage (5%) $ Total $ Animal Shelter & Adoption Clinic Page 31 Construction Phase Fee For Construction Phase Services, Owner shall pay Design/Build Contractor a stipulated Construction Phase Fee equal to percent ( %) of the Construction Cost Limitation for the Project. Based on the anticipated CCL established at the time of the Proposal, the Construction Phase Fee would be the total stipulated amount of: Dollars ($ ). The Construction Phase Fee includes a fee for Construction Contract Administration Services in the amount of: Dollars ($ ). If the Owner agrees to an increase in the Guaranteed Maximum Price during the Construction Phase, the Construction Phase Fee shall be equitably adjusted by applying the percentage to the amount of the increase in the GMP. The percentage rate for calculation of the Construction Phase Fee cannot be increased except with the express written approval of the Facilities Manager, Facilities Management Department. If the Owner agrees to any increases in the Construction Cost Limitation during the Construction Phase without increasing the GMP (for example, change orders funded by Owner's Special Cash Allowance or Owner's Construction Contingency) the Design/Build Contractor's fee for these increases shall be calculated accordance with the provisions of the General Conditions of the Agreement for Change Orders. Limitation on General Condition Costs The maximum allowable amount of General Conditions Costs payable to the Design/Build Contractor during the Construction Phase of the Project shall not exceed percent ( %) of the Construction Cost Limitation for the Project. Based on the anticipated CCL established at the time of the Proposal, the maximum allowable amount of General Conditions Costs would be the total amount of: Dollars ($ ). Animal Shelter & Adoption Clinic Page 32 If the Owner agrees to an increase in the Guaranteed Maximum Price during the Construction Phase the maximum allowable amount of General Conditions Costs shall be equitably adjusted by applying the percentage to the amount of the increase in the GMP. The percentage rate for calculation of the maximum allowable amount of General Conditions Costs cannot be increased except with the express written approval of the Facilities Manager, Facilities Management Department. If the Owner agrees to any increases in the Construction Cost Limitation during the Construction Phase without increasing the GMP (for example, change orders funded by Owner's Special Cash Allowance or Owner's Construction Contingency) the allowable General Conditions Costs for these increases shall be calculated accordance with the provisions of the General Conditions of the Agreement for Change Orders. Time of Completion The anticipated time for achieving Substantial Completion of the Project is: days. Liquidated Damages The Proposer agrees and understands that liquidated damages for this project will be assessed at 100.00 per day for each calendar day that the work remains incomplete beyond the date specified for the completion of work. ADDENDA: Receipt is hereby acknowledged of the following addenda to this RFP (initial if applicable). No.l No.2 No.3 No.4 No.5 No.6 AWARD OF CONTRACT AND COMMENCEMENT OF SERVICES: The undersigned agrees to execute a contract after notification that the Respondent has been identified by the Owner as the Respondent with the "best value" Proposal, and to commence services on or before the commencement date stated by the Owner in a Notice to Proceed. The Owner reserves the right to Animal Shelter & Adoption Clinic Page 33 accept or reject and all Proposals and to waive proposal irregularities. Proposals shall be valid and not withdrawn for a period of ninety (90) days from the date of opening thereof. Respectfully Submitted and Certified By: (Respondent's Printed Name) (Title) (Authorized Signature) (Date) Firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number The Respondent must complete, sign and return this Pricing and Delivery Proposal as part of their submittal response. Animal Shelter & Adoption Clinic Page 34 FORMAT OF PROPOSALS GENERAL INSTRUCTIONS: Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the respondent's ability to meet the requirements of this RFP. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs. Proposals shall be a MAXIMUM OF FIFTY (50) PRINTED PAGES. The cover, table of contents, divider sheets, and Pricing and Delivery Proposal do not count as printed pages. Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete Proposals will be considered non -responsive and subject to rejection. Proposals and any other information submitted by respondents in response to this RFP shall become the property of the Owner. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option. The Owner makes no representations of any kind that an award will be made as a result of this RFP. The Owner reserves the right to accept or reject any or all Proposals , waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP when deemed to be in Owner's best interest. Proposals shall consist of answers to questions identified in the RFP and responses to the information requested in RFP Criteria One through Nine. Failure to comply with all requirements contained in this Request for Proposals may result in the rejection of the Proposals. PAGE SIZE, BINDING, DIVIDERS, AND TABS: Proposals shall be printed on letter -size (8-1/2" x 11") paper and assembled with spiral -type bindings or staples. DO NOT USE METAL -RING HARD COVER BINDERS. Additional attachments shall NOT be included with the Proposals. Only the responses provided by the Respondent to the questions identified in this RFP will be used by the Owner for evaluation. Separate and identify each criteria response to this RFP by use of a divider sheet with an integral tab for ready reference. TABLE OF CONTENTS: Submittals shall include a "Table of Contents" and give page numbers for each part the Qualifications. PAGINATION: Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.). Animal Shelter & Adoption Clinic Page 35 Resolution No. 2007-RO318 RFP 07-002-VK ANIMAL SHELTER AND ADOPTION CENTER LUBBOCK, TEXAS Attachment "A" Guidelines for Design 1. GENERAL: 1.1. The City of Lubbock is soliciting proposals from experienced firms that are capable of designing and constructing a building, or renovating an existing building, for housing animal control services. The Contractor shall be responsible for site selection and complete construction including permitting, engineering, architectural drawings, site preparation, slab and footers, building erection, electrical service, HVAC, and all other work associated with complete construction in accordance with Texas Department of Health Services design guidelines and all local, state, and federal requirements. The project is intended to address the following: • Deternune the current and future space needs of the Lubbock Animal Shelter (LAS) based on historical statistical data for animals processed through the LAS and future growth projections for human and animal populations in the geographical areas served by the Owner. Project the number of animal habitats, administrative space, and animal support space meets the requirements of Lubbock for the next 20-25 years. • Establish criteria for and evaluate potential sites for a new animal shelter and adoption center. • Review LAS mission and program goals as they relate to its physical plant needs. • Establish a preliminary cost estimate to construct a new animal shelter and adoption center in multiple phases based on the results of the space needs analysis and schematic design. The new animal shelter and adoption center is intended to: • Be a healthy and humane environment for the animals • Reduce euthanasia rates • Encourage adoptions • Accommodate animal intake and housing policies and goals • Minimize the spread of disease • Provide clean indoor air • Create a safe environment for staff, visitors, and animals Attachment "A" Page 1 • Provide sufficient parking and loading/unloading capacity for staff and the public • Accommodate existing and future community outreach programs • Be easy to maintain and efficient to operate • Allow expansion of business hours • Be a pleasant place to work and a welcoming and a friendly environment for visitors. Animal shelters have many different areas that require separation from each other for safety and health reasons. Maintaining an animal shelter and its inhabitants is very labor intensive; therefore, layout and circulation are important so staff can function efficiently. Animal shelters need to provide significant HVAC and plumbing systems, impervious surface finishes, and materials that can stand up to harsh chemicals and vigorous cleaning methods. 1.2. Contractor must adhere to guidelines and principal in Operational Guide for Planning and Building an Animal Shelter published by American Humane Association. 1.3. The size of the facility shall be sufficient to provide for 100 canines, 100 felines, office areas, treatment rooms, and bathrooms, et al. The Contractor shall be responsible for complete construction including site selection, permitting, licensing, utilities, facilities engineering, architectural drawings, building site preparation, slab and footers, building erection, electrical service, HVAC, and all other work associated with complete construction. 2. SCOPE OF WORK: 2.1. The scope of work shall include site selection and complete design and construction of an animal shelter for City of Lubbock with the ability to expand in multiple phases. The shelter's maximum design capacity shall be for one 100 canines and one 100 felines. The quality of all materials, including finishes, shall be commercial grade. 2.2. The Owner prefers a building with all walls (inside and out) made from materials that requires very little maintenance, are impervious to moisture, have excellent corrosion resistance, provide excellent insulation, and resist damage from, or injury to, housed animals. 3. FACILITY DESIGN: 3.1. The Contractor shall be responsible for providing complete sets (5) of plans, details, sections and specifications no more than sixty (60) days after a Notice of Award is presented. Attachment "A" Page 2 3.2. All construction documents (Mechanical/HVAC, plumbing, electrical, footing and foundation, structural, etc.) shall be engineered & designed in accordance with the appropriate International Code and Industry Standard. 3.3. These documents shall be presented to the Owner on 24" x 36" bond paper and in Auto Cad. 3.4. All construction documents shall be sealed & signed by a licensed engineer and must meet or exceed current Lubbock Building Code Standards. 3.5. The overall facility design, including utilities, ingress, egress, safety and all other considerations shall take into account the specialized nature of an animal shelter and shall include, at a minimum, infrastructure to support the equipment listed in Attachment `B". 3.6. All of the equipment listed in Attachment `B" shall be procured and provided by the Owner. However, provisions must be made during the design phase of the project to accommodate the equipment listed in Attachment `B". In addition the Contractor shall be responsible for coordinating with the Owner before installing any fixed items located in Attachment `B". 3.7. The Owner will select or designate an engineer or architect independent of the design -build firm to act as the Owner's representative for the duration of the work on the facility. 3.8. The contractor must certify to the Owner that each engineer or architect that is a member of its team was selected based on demonstrated competence and qualifications in the manner provided by Section 2254.004, Texas Government Code. 3.9. Following selection of a design -build firm, that firm's engineer s or architects shall complete the design, submitting all design elements for review and determination of scope compliance to the Owner's designated engineer or architect before or concurrently with construction. 3.10. Attachment "C" is provided as a guideline of the proposed site location with space allocation requirements for each function of operations. Attachment "A" Page 3 Humane Society of the United States (HSUS) Guidelines Your local animal shelter is the nucleus of your community's animal care and control program. The shelter shall be maintained and operated so that it is attractive and convenient to the community. Most importantly, it should be a place of safety and comfort for the animals. If you are building a new facility, these considerations should be included in your plan. In addition to the guidelines that follow, information on shelter design and construction is available from The HSUS. It includes guidelines for evaluating the facility needs of you community, sample floor plans, and a list of architects who specialize in shelter design and have worked on wide range of animal shelter projects around the country. The HSUS recommends the standards outlined below for any animal shelter, regardless of its size, years in operation, or budget. I. Planning Your Facility A. Housing 1. Stress reduction and disease control are your goals when determining how to separate animals. 2. Separate animals as follows: a. Dogs from cats b. Sick or injured animals form healthy animals c. Puppies and kittens from adult animals (unless the puppies and kittens are nursing) d. Males from females (especially those in season e. Aggressive animals from all others f. Nursing mothers and their young from all others 3. Animals that are stressed or recuperating from injuries or illness must have a quiet place to rest during their recovery period. If kept awake, stressed, or forced to be on guard because of close proximity to barking dogs, their recovery period may be lengthened or otherwise compromised. B. Floors 1. Floors should slope toward drains to prevent the accumulation of water in the runs. 2. Floors should be made of concrete that has been sealed (making it nonporous) or some other nonporous material that can be disinfected. Attachment "A" Page 4 C. Walls 1. Walls between kennels should be at least 4 feet high and should prevent water and waste material from flowing from kennel to kennel. 2. For walls between kennels, use one of the following materials a. Cinder block, sealed and painted with epoxy to make it nonporous b. Metal embedded in a concrete base c. A fiberglass kennel unit, including floor, sides, and gate d. Tile or glass block 3. Chain -link fencing or wire mesh should extend at least 2 feet above kennel walls. Runs should be covered with fence fabric or wire mesh to contain dogs who might jump or climb fences or who are in season, are aggressive, or are quarantined. D. Drainage 1. The shelter must have drainage and plumbing adequate to handle the heavy load of daily cleaning. 2. Drainage for each run should prevent cross -contamination of other runs by urine of feces. E. Heating and Cooling 1. Heating element embedded in kennel floors is ideal. The temperature at floor level for infant, sick, or injured animals should be at least 75 degrees; for healthy adult animals, 63-70 degrees. 2. Heating, cooling and humidity -control systems should be used for the comfort of the animals, the staff, and the visiting public. 3. A means of circulating the air must be in operation in all kennel areas. Ideally, the air in the building should be exchanged with outside air eight to twelve times per hour. F. Security 1. Install a security system to protect the building. Some examples are perimeter fencing, an alarm system, or at a minimum, a deadbolt locks for all outside runs in combination with outside lighting. 2. Secure all controlled drugs in a manner that, at a minimum, meets both federal and state laws and regulation. Attachment "A" Page 5 3. Install a fire -alarm system and institute an emergency plan to prepare our staff for potential evacuation of animals from the shelter. G. Dogs 1. Dogs confined in either cages or kennels should have room to move about normally. 2. Stainless -steel or custom-made individual cages for indoor holding should follow these minimum size guidelines: a. Large dogs (more than 50 pounds): at least 4 feet by 6 feet, or 24 square feet. b. Medium-sized dogs (36-50 pounds): at least 4 feet by 5 feet, or 20 square feet. c. Small dogs (10-35 pounds): at least 3 feet by 4 feet, or 12 square feet 3. Dogs confined in cages should be exercised in runs at least 4 feet by 10 feet twice daily or walked on a leash for at least 20minutes twice daily. 4. Kennels with runs, whether fully enclosed or indoor/outdoor, should follow these minimum size guidelines: a. Kennels- 4 feet by 6 feet b. Runs- 4 feet by 8 feet 5. Ideally, each dog should have his or her own kennel. Animals who share kennels must be evaluated for compatibility and monitored closely. Each should have ample room to stand, lie down, turn around, and sit normally. This requires a minimum area of 4 feet by 4 feet for each dog. A shared 5- foot by 10-foot kennel should hold no more than two large, two medium, or three small dogs. 6. Enclosures should be equipped as follows: a. Potable water must be available at all times. Water containers should be cleaned and disinfected regularly (and always before a new animal is put into the cage or run). Water containers should be mounted so that animals cannot tip them over or urinate in them. b. If self -feeders are used, they should be cleaned daily and disinfected regularly (particularly before a new animal is put into the cage or run). In addition, they must be mounted so that dogs cannot urinate or defecate in them. Food should be clean and dry at all times. Attachment "A" Page 6 c. If kennel floors are not heated, provide resting boards or beds. Even with heated floors, beds should be provided for nursing mothers, injured animals, sick animals, and animals being held for an unusually long time (for example, in cruelty cases). Cardboard boxes and other enclosures or platforms that can be disposed of, changed, or easily disinfected may be used, and blankets or towels that can be disinfected may be used for bedding. H. Cats 1. Individual cages should be made of stainless steel, fiberglass, or other impervious material and should follow these guidelines: a. Provide an area of at least 9 square feet (usually 3 feet by 3 feet) for each cat b. Supply each cage with a cat litter pan. c. Ensure that each cat has constant access to water and dry food. d. House no more than one cat in a cage, except for nursing mothers, young litters of kittens, or pairs of adult cats who have been admitted to the shelter from the same household. 2. If colony cages are used to house cats, follow the guidelines listed below: a. Cats whose vaccination history is unknown should be evaluated for health and behavior, vaccinated, and isolated for at least 24 hours for observation before being placed in cat -colony cage rooms b. Separate unspecialized males from females. c. Separate nursing mothers from all others. d. Separate young kittens from adult cats (except for their mothers). e. House no more than fifteen adult cats or twenty kittens in a 10-by-15 room. f. Include one 12-inch by 18-inch cat litter par for every three cats or five kittens g. Have water and dry food available at all times (when giving fresh food, use on dish per cat). h. Equip colony rooms with shelves or resting boxes; provide cages with open doors for animals that prefer to be isolated. I. Human Traffic Control Attachment "A" Page 1. Provide adequate space for staff to work comfortably and for equipment and records to be stored properly. 2. Make the receiving area large enough for the public to bring, reclaim, or adopt animals comfortably and to keep the animals separated from one another. Ideally, incoming animals should be received in an area separate from the adoption area. The traffic flow pattern should be designed so that animals can be moved quickly, safely, and easily from one place to another. 3. Keep newly arrived animals in a receiving room separate from the rest of the shelter population until they have been evaluated for health and temperament. To maintain high standards of safety for the staff and public and to decrease the possibility of the spread of disease, newly arrived animals should be routed to the appropriate holding area as soon as possible: move dangerous dogs to an area away from public access, sick animals to an isolation area, and injured animals to a veterinarian. 4. The euthanasia room and dead -animal storage area should be easily accessible from the kennel area; however, this area should be away from public view. Animal control vehicles should have access to the back of the kennel area for bringing in animals and removing dead animals. 5. The facility should be accessible to disabled persons. The HSUS recommends that all shelters comply with the federal Americans with Disabilities Act (ADA), regardless of whether they are mandated to do so under the law. Attachment "A" Page 8 RFP 07-002-VK ANIMAL SHELTER AND ADOPTION CENTER LUBBOCK,TEXAS Existing stainless steel cages 8-foot x 12-foot walk-in freezer Crematorium 96 stainless steel cages Attachment `B" Equipment Needs (Owner Supplied) Attachment `B" Page 1 RFP 07-002-VK ANIMAL SHELTER AND ADOPTION CENTER LUBBOCK, TEXAS Attachment "C" Guidelines for Proposed Site Attachment "C" Page 1 Resolution No. 2007-R0318 SPACE ALLOCATION REQUIREMENTS Phase 1 Attachment "C" Page 2 Administration Area Space: MANAGER'S OFFICE AREA (Phase 1) Function: An area for division administration and to hold various meetings as needed. Location: Close to customer service counter but in a private area of shelter. Should be able to close the door to have private conversations or talk on phone. Not directly accessible by the public. Description: Finishes: Furnishings: Minimum freestanding desk, office chair, conference table and chairs for small meetings, personal computer, printer, phone. Space: CUSTOMER SERVICE / RECEPTION LOBBY (Phase 1) Function: The counter is in a position to monitor the public entry and egress and to serve as a focal point for information, adoptions, reclamation fee payment, retail sales and monitoring the Retail/Brochure Area. Location: Entrance to Lubbock Animal Services access to administrative area and animal viewing. Description: Signage in this area shall be clear and provide instructions to services and sections. The countertop shall be solid with base cabinets for filing and storage of immediate need office supplies. Finishes: Furnishings: Adequate phone jacks, multiple data jacks, electrical plugs, desk chairs, personal computer stations, and a shared printer, cash register, fax machine and file storage. Space: LEAD ADMINISTRATIVE ASSISTANT AREA (Phase 1) Attachment "C" Page 3 Function: An area for customer service supervision. Location: Close to customer service counter. Should allow private conversations with area to count cash and generate accounting reports while handling large amounts of cash. Not directly accessible by the public. Description: An administrative office area used to pay bills, count money, keep payroll records, etc. Finishes: Furnishings: Minimum of a freestanding desk, office chair, printer, phone, safe, computer, adding machine, secure file cabinet. Two armchairs for counseling. Space: EDUCATIONAL/MULTI-PURPOSE AREA (Phase 1) Function: Area that may be used both during and after business hours to conduct workshops, seminars, and education on animal -related issues for both the public and/or staff as well as continuing education for staff from other agencies. This area can operate independently from the rest of the shelter. Should be able to house minimum 25 occupants. Location: Next to Entry Lobby Description: The largest room in the shelter shall have a door to the outside that can be used for after hour's activities at the shelter. A data drop for possible future fiber optic linkages. Have access to public restrooms. Finishes: Sound absorbing material. Furnishings: Multiple data and phone jacks and electrical plugs, highly durable breakdown tables with laminate tops, stackable chairs, retractable projection screen for flexibility during AV presentations, assorted AV connections and equipment. Space: REAL LIFE ROOMS (Phase 1) Function: Rooms that resemble living space in a home for adopting companion animals. Attachment "C" Page 4 Location: Facing or in close proximity to lobby. Description: Long term holding area to showcase animals for adoption and function as get acquainted room for dogs or cats. Finishes: Floor drain, with murals on walls resembling living or outdoor space. Furnishings: Sitting area for visitors and play equipment for companion animals. Can function as a counseling area to begin adoption process shall have phone and data jacks. Space: MECHANICAL AND JANITORS CLOSETS (Phase 1) Function: Air handling units, water heaters, breaker valves, house and store supplies, equipment and tools for facility maintenance. Location: Access from multipurpose room. Description: Mechanical equipment. This is an economical storage area for cleaning cart, buffer, mop, bucket and shelves for cleaning supplies and racks for mops and brooms. Provide a centrally located floor drain. Storage for tables and chairs used in multi purpose room. Finishes: Furnishings: Mop sink with hot and cold water, storage shelving, tool rack, and work table. Space: DISPATCHER'S OFFICE (Phase 1) Function: Animal Services' dispatch operations will be answering 5,000 plus calls a month and transferring calls to appropriate office or dispatching calls to Code Enforcement Officers. Location: Next to Entry Lobby Description: The publics first point of contact when calling the animal shelter or looking for Code Enforcement of Lubbock Animal Services. Finishes: Sound absorbing material. Furnishings: Two (2) dispatch stations, filing cabinet, base radio station and two computers, phones, printer, and a multiple radio battery charger and other electronic equipment. Attachment "C" Page 5 Space: INFORMATION SYSTEMS SPACE (Phase 1) Function: A lockable room to house telephone, and computer equipment for the shelter. Location: In a securable central area of shelter away from any mechanical, electrical rooms and public. Description: A closet with HVAC to keep equipment at a controlled temperature. Finishes: Furnishings: Racks to secure equipment. Space: PUBLIC RESTROOMS (Phase 1) Function: Women's and men's bathrooms. Location: The public bathrooms contiguous to the lobby and training room. Should be accessible to training room even when Animal Services is closed to public. Description: Public and staff restrooms to accommodate 25,000 plus visitors a year to LAS. Finishes: Floor drains Furnishings: Each public restroom to comply with all codes and regulations Space: COFFEE BAR (Phase 1) Function: To provide food and beverages to public and employees. Location: A small room off of the Education/Multi-Purpose Room. Description: Used to provide refreshments typically provided in training session or after hour meeting. Finishes: Durable kitchen type furnishings. Furnishings: A counter with upper and plastic laminate cabinets, single compartment sink with garbage disposal and an upper cabinet - Attachment "C" Page 6 mounted microwave. The lower cabinets will include a trash drawer. Room for a residential refrigerator with icemaker. Space: ADMINISTRATION COMMON WORK AREA (Phase 1) Function: Provide for storage, work room, and file area in conjunction with office spaces. Location: Adjacent to administrative offices, including dispatch, manager's office, lead administrative assistant's office, and lobby. Description: Large enough for grouping of cubicles for clerical, volunteer, or seasonal help. Finishes: Furnishings: Multiple data and phone jacks for copier, fax machine, computers, and printers. File cabinets for record retention and supplies storage. Shelter Operations Space: CAT QUARANTINE ROOMS (Phase 1) Function: To house cats being held for rabies quarantine. Location: In cat area and contiguous with the Animal Viewing Area and near main preparation room. Description: Animals may remain in this space for up to 10 days or longer for quarantine. A secure private area not accessible by public without staff assistance. Vision panels allow pet owners to monitor their pet(s) without staff assistance. Finishes: Polymer floors Furnishings: Large built in stainless steel cages. Space: STORAGE ROOMS (Phase 1) Function: Various sized storage rooms without any HVAC Attachment "C" Page 7 Location: Location of storerooms to be determined by architect. Areas for consideration are one next to Training Room, Lobby, Stray Area, Euthanasia Room, Private Office Area, Prep Area, and Sally Port. Description: Assorted storage space for a variety of materials ranging from office supplies to pallets of animal food, traps and chemicals, will serve contiguous spaces. Finishes: Floor drains Furnishings: Industrial strength free standing shelving. Space: DOG QUARANTINE ROOMS (Phase 1) Function: To house dogs being held for rabies quarantine. Animal may remain in this space for up to 10 days. Vision panels allow public to view animals from within public area. Location: In dog area and contiguous with the Animal Viewing Area. Description: A secure private area. Vision panels allow pet owners to monitor their pets without staff assistance. Finishes: Furnishings: Resting benches in each kennel to keep dogs off floor. Ceiling - mounted hose reels for cleaning kennel walls and flooring. Space: ANIMAL RECEIVING ROOM (Phase 1) Function: A room for the Field Officers to unload wildlife, unwanted, strays, injured, deceased or bite animals for data entry into computer system prior to unloading. Location: In close proximity to Sally port, Freezer and Stray Animal Sections. Description: A temporary holding area for animals while Officers take photos of animals and upload to software. Finishes: Floor drains, polymer floors. Furnishings: Stainless steel animal cages of various sizes, a workstation with personal computer and printer, with phone and data jack shall be Attachment "C" Page 8 includes as well. Sufficient lighting for photographs of animals to be taken for website and kennel cards. Space: GROOMING AREA (Phase 1) Function: Washing and grooming of animals Location: Centrally located between the stray areas and the adoption areas for ease of access, opening into the Prep Area. Description: Cats and dogs will be bathed, groomed, dipped in this area by staff or volunteers. Finishes: Floor drain and polymer floors. Furnishings: Wall mounted cabinets to store grooming supplies, dip tank, 2 stainless steel grooming tables, stainless steel pet bathing tub, stainless steel cages for animals to dry in, and blow dryers. Space: MAIN PREPARATION ROOM (Phase 1) Function: This is the hub of the animal shelter operation, preparations for feeding, sanitizing food and water bowels, and distributing bedding will begin here and be distributed throughout the facility. Location: Centrally located between the stray areas and the adoption areas for ease of access. Laundry room and grooming area will have direct access to this space. Description: An area used for disinfecting animal's food and water bowls collected from entire facility. Used to store barrels with food in them for daily feeding. Finishes: Floor drains, polymer floors. Furnishings: Large 3 section commercial stainless steel sinks with large drain boards on either end of sink. Stainless steel racks for drying bowls hundreds of bowels. Storage rack for assorted supplies. Space: DOG STRAY KENNELS ASSORTED SIZE PODS (Phase 1) Function: Animals impounded by Code Enforcement Officers or animals relinquished by owners will remain in this space until they become Attachment "C" Page 9 the property of LAS. For most animals this is a minimum of 3 to 10 days. Location: Near public and animal receiving. Description: Animals will remain in this space for a few days until they are reclaimed by owner, chosen for adoption, or selected for euthanasia. The public can see the dogs through a viewing window. Vision panels allow pet owners to monitor their pet(s) without staff assistance. Animal pods to house animals not accessible by public without staff assistance. Visions panels surround pod for public viewing. Finishes: Floor drain in each kennel, polymer floors. Furnishings: Resting bench in kennel. Ceiling -mounted hose reels for cleaning kennel walls and flooring and high pressure disinfectant capabilities. Two compartment stainless sink with drain boards. Mop sink area for mops, squeegees, broom, trash cans, dry food storage cans, storage for canned foods, etc. Space: CAT STRAY ROOMS (Phase 1) Function: Cages to house cats that have been processed and deemed healthy at the time they were received. Animals will remain in this space for a minimum of 3 days until they are reclaimed by owner, chosen for adoption, or selected for euthanasia. The public can see the cats through a viewing window. Location: Contiguous with Animal viewing area, in cat area. Description: A secured private area. Vision panels allow public to monitor animals without staff assistance. Finishes: Floor drains, polymer floors. Furnishings: Stainless -steel cat cages, large double partitioned stainless steel sink; cages must be large enough to hold hide boxes. Space: CAT ADOPTION PREPARATION AREA (Phase 1) Function: Focal point where cat adoption areas are cleaned and cats are fed and watered. Sanitation for cages in adoption area for cats would be done here. Attachment "C" Page 10 Location: Adjacent to cat adoption area, cat condos, and cat visitations rooms. Description: Finishes: Polymer floors and floor drains. Furnishings: Stainless Work Island that would include two compartment sink with drain boards, dishwasher, and storage under island. Mop area to store mops, brooms, dry food containers, litter boxes and cat litter. Space: LAUNDRY AREA IN MAIN PREPARATION AREA (Phase 1) Function: Washing and storage of linens Location: Centrally located between the stray areas and the adoption areas for ease of access, opening into the Prep Area. Description: Animal bedding and toys for dogs and cats around the facility are washed here daily. These machines will operate continuously during normal business hours. Finishes: Floor drains and polymer floors. Furnishings: Two commercial washers and dryers, and storage for linens. Stainless steel folding table, dirty linen cart, clean linen cart. Space: EUTHANASIA ROOM (Phase 1) Function: To provide a quiet humane area for the difficult task of putting animals to sleep by injection. Some laboratory functions such as decapitation for rabies testing will be performed here. Location: In private area contiguous to the freezer and crematorium. Description: This room is used to euthanize thousands of kittens, cats, puppies, dogs, and other animals. They are held in this space until death is confirmed. Finishes: Floor drains, polymer floors. Furnishings: The room has its own HVAC zone. A stainless steel hand sink is available for left or right handed decapitations or hand washing, central floor drain. Exhaust fan for fresh air exchange, two Attachment "C" Page 11 stainless steel exam tables with drains, and stainless steel animal cages of various sizes. Lockable wall cabinets shall be provided for records and storage of controlled substances and supplies. A workstation with computer, phone, printer and multiple data jacks shall be includes as well. Space: AREA FOR WALK-IN FREEZER (Phase 1) Function: Storage of animal cadavers Location: In close proximity to Sally Port, Crematorium, and Euthanasia room. Description: A private walk-in room on its own freezer unit. Surface -mounted incandescent light fixtures. Slope floor to a single drain. Finishes: Stainless Furnishings: Rubber floor mats. Space: STAFF RESTROOMS (Phase 1) Function: Women's and men's to comply with codes and regulations Location: In private area of shelter. Description: Used by employees that have been handling animals and cleaning facility. Finishes: Floor drains Furnishings: The male and female staff rest rooms are to meet any code requirements and have an area for staff to change cloths and shower. Space: EMPLOYEE BREAK ROOM (Phase 1) Function: To provide staff a place they can take a break, eat lunch, snack or have informal out -of office meetings. An outside covered patio would allow for smoking. Location: Adjacent to multi -purpose Room Attachment "C" Page 12 Description: Provide a casual environment for staff. A kitchen type counter with a sink, cook top and oven, upper cabinets and a microwave along with a residential refrigerator with ice maker. Finishes: Furnishings: Freestanding table and chairs Space: SHELTER SUPERVISOR'S OFFICE (Phase 1) Function: A lockable office for administration. Should be able to close the door to have privacy to talk on phone or have private meeting. Location: Close proximity to Prep room and Public Receiving Description: An office with a vision panel in the door to monitor the shelter. Partial Glass storefront wall to monitor private area of shelter. Finishes: Furnishings: A freestanding desk, office chair, and two armchairs in front of desk, personal computer, phone, printer, safe for storage of controlled substances. Attachment "C" Page 13 Space: PUBLIC RECEIVING ROOM (Phase 1) Function: A room for the public to bring their unwanted or found animals and for public to display information about lost pets during business hours. Public can return traps and receive traps. Location: On an outside wall, in close proximity to public parking lot and stray holding area. Description: A temporary short term holding area for animals while public relays any available information to Shelter Officers about the animal. Finishes: floor drain Furnishings: Stainless steel animal cages of various sizes, a workstation with personal computer and printer, with phone and data jack should be includes as well. Sufficient lighting for photographs of animals to be taken for website and kennel cards. Space: SALLY PORT (Phase 1) Function: Three secure and enclosed spaces for Code Enforcement Officers to bring their vehicles in and safely unload the animals without risk of losing them. Allow space around vehicles in receiving bay to handle fractious animals. Should have high pressure cleaning outlet and floor drains located in bay to wash down vehicles. Should be separate from loading dock and material handling bay. Location: In close proximity to Animal Receiving, Freezer and Evaluation Room. Description: Allow space around vehicles in receiving bay to handle fractious animals. Should have high pressure cleaning outlet and floor drains located in bay to wash down vehicles. Should be separate from loading dock and material handling bay. Overhead garage doors allow vehicles to drive through and secure unloading area. Attachment "C" Page 14 Finishes: Furnishings: Space: Provide a sand detergent used washing system. equipment. trap to catch oil, grease, animal waste, and in cleaning. Provide a high pressure vehicle Retractable water hose for cleaning trucks and CREMATORIUM (Phase 1) Function: Incinerate euthanized animals, animal carcasses received from veterinarian community, dead animals received from public, and dead animals found on city streets. Location: Easily accessible to walk in freezer in private area of animal shelter. Should be screened so as not to be visible by public. Description: Currently in excess of 20,000 pounds are incinerated monthly. Finishes: Industrial must have access to large natural gas line. Furnishings: Weighs tons and needs to have special foundation with covered area to protect equipment from elements. Industrial commercial crematory with ability to incinerate minimum 1,800 pounds a day and allow us to meet all state and federal regulations. Space: MATERIAL HANDLING AND RECEIVING AREA (Phase 1) Function: Drive in garage with adjacent dock high loading conducive to off loading material and storing materials. Location: Exterior entrance in animal shelter. Description: Ability to offload large tractor trailers and store bulky items until use. Finishes: Furnishings: Large industrial storage shelves big enough to hold bulky material and disaster response equipment. Storage area shall have garage style door as entrance for easy movement of bulky items. Space: EMPLOYEE AND VOLUNTEER LOCKER AREA (Phase 1) Attachment "C" Page 15 Function: Secure space for equipment and personal items. Location: Near staff restrooms and break area. Description: For Code Enforcement Officers to secure assigned equipment and personal belongings. For administrative personnel, volunteers, or visitors to secure personal items. Finishes: Furnishings: Large lockers for Officers and small lockable metal lockers to accommodate administrative staff members and volunteers. Should have bench type sitting area for changing. Field Operations Space: FIELD SUPERVISOR'S OFFICE (Phase 1) Function: A lockable office for administration. Should be able to close the door to have privacy to talk on phone or have private meeting. Location: In close proximity to squad room and equipment room in private area of shelter. Description: An office with a vision panel in the door to monitor the shelter. Partial Glass storefront wall to monitor private area of shelter. Finishes: Furnishings: A freestanding desk, office chair, and two armchairs in front of desk, personal computer, phone, printer, safe for storage of controlled substances and chemical immobilization equipment. Bookcase for training material. Space: SQUAD ROOM (Phase 1) Function: An office for Code Enforcement Officers to complete paperwork including data entry and telephone follow-ups. Location: Within the private area of shelter in close proximity to Field Supervisor's office and close to equipment room. Attachment "C" Page 16 Description: A vision panel in the door and partial storefront glass wall to monitor the private hall and squad room. Finishes: Furnishings: Outer wall with freestanding cubicles and armchairs for each officer with multiple phones and multiple data jacks to receive laptop computers, personal computer stations, and a shared printer. Attachment "C" Page 17 SPACE ALLOCATION REQUIREMENTS Phase 2 Attachment "C Page 18 Administration Area Space: ADOPTION LOBBY (Phase 2) Function: Primary entry to facility. This is the first space the public sees when coming to visit or adopt. Location: The entrance to Lubbock Animal Services and access to administrative offices, adjacent to staff work area and animal adoption viewing and visitation areas. Description: Begins the process of the public's search for information about services and questions about companion animals by allowing the public to walk through the adoption areas and to get acquainted with available animals. Screening of suitable adopters, processing adoption papers and payment of fees. Finishes: Lobby shall include areas to sit while waiting for an adoption counselor or other assistance. It shall be friendly and inviting. Sound proofing Furnishings: Information desk staffed by volunteers or employees. Small equipped processing rooms where adopters can sit and visit with animals. Should include small desk areas where adoption screening, adoption counseling and paperwork can occur. Public benches scattered throughout lobby for waiting and rest areas. Shelter Operations Space: SMALL ANIMAL RECOVERY ROOM (Phase 2) Function: To house stray cats and small animals that may be ill or injured and may require veterinary care during their stay. Adoption cats recovering from surgery may stay here as well. Location: In area and contiguous with the Animal Viewing Area. Description: A secured private area. Vision panels allow visitors to monitor animals without staff assistance. Finishes: Attachment "C" Page 19 Furnishings: Stainless -steel cages. Small stainless -steel sink. Space: DOG RECOVERY ROOM (Phase 2) Function: To house large, medium, and small stray dogs that are adoption dogs recovering from surgery prior to adoption or adopted dogs waiting to be picked up by new owners. Location: In dog area and contiguous with the Animal Viewing Area. Description: A secured private area. Finishes: Polymer floors and floors drains. Furnishings: Resting benches in each kennel to keep dogs off floor. Ceiling - mounted hose reels for cleaning kennel walls and flooring. Small stainless -steel sink. Space: CLINIC (Phase 2) Function: Vaccinate, microchip animals, and provide minor medical treatment prior to release or move animals to adoption. Location: Should be accessible by LAS staff from adoption and private areas and not accessible by the general public. Description: Examination and treatment room. Finishes: Stainless furnishings, polymer floor and floor drain. Furnishings: Minimum of hands free scrub sink and exhaust fan. Two work stations. Provide bank of cages for recovery. Storage for supplies and adequate lighting with its own air zone. Computer station to update files. Attachment "C" Page 20 Additional Considerations in Planning Current Employee and Equipment Parking needs: 1. 21 employees with vehicles 2. 12 city vehicles. 3. Two livestock trailers. 4. Two 30-yard dumpsters. 5. Three 4-yard dumpsters 6. Privacy fencing for employee only area 7. Disaster Equipment storage Public Parking: 1. Amount required by code. 2. Handicap as required by Code 3. School Bus capabilities Utilities: 1. Natural Gas 2. Water 3. Electricity 4. Sewage 5. Garbage Attachment "C" Page 21 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Suite 102 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 Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ 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) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK 100% of the Total Contract Price $ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. CERTIFICATE OF INSURANCE CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. CONTRACTOR CHECKLIST REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and 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._ REQUIRED WORKERS' COMPENSATION COVERAGE RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 CURRENT WAGE DETERMINATIONS Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified ATTACHMENT `11)" City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate $11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 Attachment "D" Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrical Repairer -Equipment Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor -Trailer Truck Driver -Heavy Truck Driver -Light ATTACHMENT "E" Paving and Highway Construction Prevailing Wage Rates Hourly Rate $9.00 7.50 9.00 7.50 12.50 6.50 8.00 6.50 6.00 6.75 9.00 7.00 9.00 9.00 9.00 9.00 9.00 8.00 10.25 7.00 7.50 8.50 8.00 7.00 Attachment " F' ATTACHMENT "F" Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. Attachment "F' ATTACHMENT "G" Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. Attachment "G" STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Principal(s), as Principal(s), and (hereinafter called the (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) 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 day of , 20 , to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of 20 Surety (Company Name) *By: By: (Title) (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) 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 _ day of 20_, to 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 day of , 20 Surety * By: (Title) (Signature) (Company Name) By: (Printed Name) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By_ (Title) Approved as to Form City of Lubbock City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. ACORD,a CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/30/2007 PRODUCER (806) 794-1177 DAVID TATE INSURANCE AGENCY LLP 5233 79TH LUBBOCK TX 79424— THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED MINNIX COMMERCIAL PARTNERS, LTD BOX 64895 LUBBOCK TX 79464— INSURER A. DALLAS NATIONAL INSURER B: TEXAS MUTUAL INSURER c: GREAT AMERICAN INSURER D: INSURERE: nnvco A r±cc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD� POLICY (MM% D/YY)N LIMITS A X GENERAL LIABILITY DGL068178 07/07/2007 07/07/2008 EACH OCCURRENCE $ 1,000,000 ND PREMISES EaEoccccurrrence $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ERRI OCCUR / / / / MED EXP (Any one person $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X BLANKET ADDITIONAL INS./WAIVER OF SUB. GENERAL AGGREGATE $ 2,000,000 / / / / GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO / / / / COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS / / / / BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS / / / / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO / / / / $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY / / / / EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ „ $ DEDUCTIBLE / / / / $ RETENTION $ B WORKERS COMPENSATION AND TSF1095348 01/01/2007 01/01/2008 TORY LIAMIUTS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 OFFICER/MEMBER EXCLUDED? / / / / If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 C OTHER INLAND MARINE IMP5327361 05/11/2006 05/11/2007 LIMITS BASED ON EQUIP LEASED MAXIMUM OF 5,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION ON THE COMMERCIAL GENERAL LIABILITY BLANKET WAIVER OF SUBROGATION ON THE WORKERS COMPENSATION AND GENERAL LIABILITY. BLANKET ADDITIONAL INSURED ON COMMERCIAL GENERAL LIABILITY SUBJECT TO WRITTEN CONTRACT. PRIMARY AND NON CONTRIBUTORY ADDITIONAL INSURED SUBJECT TO TERMS AND CONDITIONS OF SECTION IV OF GENERAL CONDITIONS. **NEW ANIMAL SHELTER & ADOPTION CENTER RFQ07-002 VK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT CITY OF LUBBOCK FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE BOX 2000 INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP LUBBOCK TX 79453— ACORD 25 (2001108) 0 ACORD CORPORATION 1988 T,, INS026 (0108).05 ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) '*� INS025 (0108).05 Page 2 of 2 CO�M CERTIFICATE OF LIABILITY INSURANCE DATE 23/2007' PRODUCER (806) 762-0544 FAX (806) 741-1527 Grimes Insurance Agency, Inc. 1651 Broadway y Lubbock, TX 79401 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED MINNIX COMMERCIAL PARTNERS LTD AND MINNIX HOMES, INC. PO BOX 64895 LUBBOCK, TX 79464 INSURERA: American States Insurance Co. INSURERB: INSURER C: INSURER D: INSURER E: COVFRAnFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONINSR DATE IMMIDDIYYI LIMITS EACH OCCURRENCE $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ❑ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PR0- JECT LOC AUTOMOBILE LIABILITY X ANY AUTO 01BA4097672 07/29/2007 07/29/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORYLIMITS FR EMPLOYERSLIABILITY" ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ity of Lubbock, its officers, agents, and employees are named as Additional Insured as heir interest may appear as regards Auto Liability, Waiver of Subrogation applies. roject:RFQ 07-002-VK Animal Shelter and Adoption Center, Lubbock,TX City of Lubbock P.O. Box 2000 Lubbock, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Richard Duncan/SLM C,Q yL ACORD 25 (2001/08) FAX: 775-2085 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)