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HomeMy WebLinkAboutResolution - 2014-R0160 - Contract - Henthorn Commercial Construction - Renovations To Citibus Facilities - 04/24/2014Resolution No. 2014-RO160 April 24, 2014 Item No. 5.15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11692 for Downtown Transfer Plaza Renovations to Citibus Depot Facilities, by and between the City of Lubbock and Henthorn Commercial Construction, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 24, 2014 "�� e"" //,- GL C. RIMERTSON, MAYOR FEWN �y16 Reb cca Garza. City Secre APPROVED AS TO CONTENT: d��- � - /t'JA7it Quincy W , ssistant City Manager APPROV �D AS TO FORM: had Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Henthorn March 24, 2014 PROPOSAL SUBMITTAL FORM LUMP SUM PRICE PROPOSAL CONTRACT DATE.;: March 5, 2014 PROJECT NUMBER: Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility Proposal of I-lenthorn Commercial Construction (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related cimnact document% and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor. materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM ESTIMAI'ED DESCRIPTION UNIT TOTAL NO QUANTITY PRICE PRICE l 1 Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility according to specifications and $ 218,000.00 S 218,000.00 tans. $ 26,500.00 $ 26,500.00 ALTERNATE BID A ITEM ESTIMATED DESCRIPTION UNIT 'TOTAL NO QUAN'T'ITY PRICE PRICE 1 1 Alternate One, will include two new rooftop HVAC units on existing curbs. $ 26,500.00 $ 26,500.00 Total Price $ 244,500 fEf Offeror's Initial Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within (120) ONE HUNDRED TWENTY CONSECUTIVE CALENDAR DAYS and attain Final Completion within (150) ONE HUNDRED FIFTY CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each day in excess of the time set forth herein above for completion, and the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day after substantial completion and in excess of the time to final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. The proposed number of calendar days to substantial completion. (Number followed by written): 110 Days (One Hundred & Ten Dam_ The proposed number of calendar days to final completion. (Number followed by written): 140 Days (One Hundred & Forty Days) Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of six 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashiers check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashiers Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of 5% of the bid proposal Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business---- days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(a), a competitive scaled proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FROM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date MIMBE Firm: Date: March 5, 2014 -C.- Dc-,�� Authorized Signature Rhett Dawson (Printed or Typed Name) Henthorn Commercial Construction Company 2011 Avenue C Address Lubbock Lubbock City, County Texas 79404 State Zip Code Telephone: 806-626-4582 Fax: 806-209-0220 Email: dawson.rhett@gmail.com FEDERAL TAX ID or SOCIAL SECURITY No. 26-4058489 Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 11" R- `�- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ 11/6/2001313 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K br S Insurance Agency 2255 Ridge Road, Ste. 333 CONTACT NAM • Cheryl Bounds PHONE (972) 771-4071 FAX Hal.IAIC- No (972)771-4695 EMAIL)OR .cbounds@kandsins.cotn P. 0. BOX 277 Rockwall TX 75087 INSURERS AFFORDING COVERAGE NAIC el INSURERA:America First Lloyds of Texas 11526 INSURED Henthorn Commercial Construction, LLC 4006 95th St. INSURERB:Pearless Indemnity Insurance 24198 INSURERC:Netherlands Insurance Comp' om 24171 INSURER O: INSURER E: Lubbock TX 79423 INSURER F: ..... Lw� GER i Ir1%.A t to NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RFntlrFn Rv PAtn rt AIM -Q ILTR TYPE OF INSURANCE POLICY NUMBER MA DDI YY �IUDor YYY UMRS GENERALLIABIUTY EACH OCCURRENCE 5 1,000,000 A X COMMERCIAL GENERAL LIABILITYPREMISES CLAIMS -MADE r OCCUR BP8950133 6/22/2013 6/22/2014 (Ea occuffencel S 100, 000 MED EXP ane son $ 5,000 2-126 1/08 WOS PERSONALS ADV INJURY S 1,000,000 GENERAL AGGREGATE s 2,000,000 2-132 1/08 6 22-135 1/08 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY FX I PRO- M LOC PRODUCTS -COMPIOPAGG s 2,000,000 ditional Insured $ Et AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 6722248 6/22/2013 /22/2014 COMBINED SINGLE LIMB 11000,000 BODILY INJURY (Per person) s BODILY INJURY (Per accident) s X HIRED AUTOS X AUTOSWNEO aiver 16-87 11/09 d 1 Insd 16-59! 5/04 PROPEL DAM- (Per accentl$ Undarinsured motorist $ 11000,000 UMBRELLA UAB IOCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS -MADE AGGREGATE S DED I I RETENTIONS S I 1 C WORKERS COMPENSATION ANDEMPLOYERS UABIUTY YIN ANY PROPRIETORWARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory In NH) IIyes describe under DESCRIPTION OF OPERATIONS bolcw N I A -420304A 1/00 WaiverVUC C6722249 6/22/2013 6/22/2014 STATU- OTH- X E.L. EACH ACCIDENT $ 1,000,000 E.L.DISEASE - EA EMPLOYE S 11000,000 E.L DISEASE - POLICY LIMIT S 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLFS IAltaeh ACORD 101, Addlllonal Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION City of Lubbock 1635 15th Street Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Moss/CHERYL T--��- ACORD 25 (2010/05) 0 1988-2010 ACORD CORPORATION. All rights rosorved. INS025(20fo05)0t The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN A CONSTRUCTION AGREEMENT WITH YOU - CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under SECTION II —WHO IS AN INSURED Is amended to include any person or organization, when you and such person or organization have agreed in writing In a contract or agreement that such person or organization be added as an additional insured on your policy, but only with respect to liability for "bodily Injury" or "property damage": 1. Caused by "your work" performed for that additional Insured that is the subject of the written contract or agreement; and 2. Included in the "products -completed operations hazard". The Insurance provided by this endorsement applies only if the written contract or agreement is executed prior to the "bodily injury" or "property damage". We have no duly to defend an additional Insured under this endorsement until we receive written notice of a claim or "suit" as required In provision b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, B. With respect to the Insurance provided by this endorsement, the following are added to paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION i—COVERAGES): This Insurance does not apply: 1. To "bodily Injury" or "property damage" arising out of any act or omission of the additional insured or the additional Insured's employees; or 2.. To "bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 3. To "bodily Injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services Including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities; or C. With respect to the Insurance afforded by this endorsement, the following is added to SECTION III —LIMITS OF INSURANCE: The Limits Of Insurance applicable to the additional insured are the lesser of: 1. The amount specified in a written contract or written agreement between you and the person or organization described In paragraph A. above; or 2. The amount shown in the Declarations for this Coverage Part. These Limits of Insurance are Inclusive of, and not in addition to, the Limits of Insurance shown In the Declarations for this Coverage Part as described in this SECTION III — LIMITS OF INSURANCE. D. With respect to the insurance afforded by this endorsement, SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: 1. The following is added to condition 2. Duties in The Event Of Occurrence, Offense, Claims Or Suit: An additional Insured under the Additional Insured —Automatic Status When Required In A Construction Agreement With You — Contractors — Completed Operations endorsement must comply with all the provisions of this condition. Includes copyrfghled material of Insurance Servlces Office, Inc., with Its permfsslon, 22-135 (01108) Page 1 of 2 06/2912011 6722250 NN170307 2906 INSURED COPY PGDMO60D J00460 ACAOPPN 00001814 Page 03 2. With respect to the insurance afforded by this endorsement, provision b. Excess Insurance of condition 4. Other Insurance Is replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other Insurance for which the additional insured qualifiles as an Insured whether primary, excess, contingent or on any other basis unless the written contract or written agreement between you and the person of organization described above specifically requires that this insurance be provided on either a primary basis or a primary and noncontributory basis. Includes copyrighted material of Insurance Services Offtco, Inc„ with Its permisslon, 22.135 (01/06) Page 2 of 2 06122!2011 6722250 NN170307 2900 INSURED COPY PGOM060D J00460 ACAOPPN 00001815 Page 84 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II —Who Is An Insured is amended to Include as an additional Insured any person or organization when you and such person or organization have agreed in writing In a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization Is an additional insured only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, In whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured that are the subject of the written contract or agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract. A person's or organization's status as an additional insured underthis endorsement ends when youroperations for that additional Insured are completed. We have no duly to defend an additional insured under this endorsement until we receive written notice of a claim or "suit" as required in provision b. of Condition 2. Duties in the Event Of Occurrence, Offense, Claim Or Suit under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. B. With respect to the Insurance afforded to these additional Insureds, the following additional exclusions apply: This Insurance does not apply to: 1. "Bodily injury" or "property damage" arising from the sole negligence of the additional Insured. 2. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 3. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 4. "Bodily Injury" or "properly damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the Injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the some project. 5. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS endorsement Issued by us and made a part of this policy. Includes copyrighted material of Insurance Services Orrice, Inc., wilh Its permission. 22-132 (011013) Page 1 of 2 06/2212011 6722260 NN170307 2906 AGENT COPY PGDMO60D J00460 ACAOPPN 00001661 Page 23 C. The limits of Insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated In the Declarations of this policy and defined in SECTION III — LIMITS OF INSURANCE of this policy, whichever are less. These limits are Inclusive of and not In addition to the limits of Insurance available under this policy. D. With respect to the coverage afforded by this endorsement, SECTION IV—COMMERCIAL GENERAL LIABILITY Is amended as follows: 1. The following Is added to Condition 2. Duties In The Event Of Occurrence, Claim Or Suit: An additional Insured under this endorsement will as soon as practicable: a. Give written notice of an 'occurrence" or an offense, that may result In a claim or "suit" under this Insurance to us; b. Tender defense and Indemnity of any claim or "suit" to all Insurers whom also have insurance available to the additional insured; and c. Agree to advise us of any other insurance which the additional insured has for a loss we cover under this Coverage Part. However, this condition does not affect whether the Insurance provided to the additional insured by this endorsement is primary as described in Condition 4.a. as amended by this endorsement. 2. Condition 4. Other Insurance is amended as follows: a. The following Is added to paragraph a. Primary insurance: With respect to other Insurance for which the additional insured is designated as a Named Insured, this Insurance will be primary If you and the additional Insured have agreed In writing, In a contract or agreement, that this Insurance Is primary or primary and non-oontributory. Our obligations are not affected unless any of the other insurance Is also primary. Then, we will share with all that other Insurance by the method described In provision 4.c. Method of Sharing b. The following is added to paragraph b. Excess insurance: When the written agreement between you and the additional insured does not require this insurance to be primary or primary and non-contributory, this Insurance is excess over any other insurance for which the additional insured Is designated as a Named Insured. Regardless of the written agreement between you and the additional insured, this insurance Is excess over any other Insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional Insured by attachment of an endorsement or otherwise. Includes copyrighted material of insurance Services Office, Inc., with Ila permission. 22-132 (01108) Page 2 of 2 06122/20111 6722250 NN170307 2W6 AGENT COPY PGDM060D J00460 ACAOPPN 00001682 Page 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make For injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included In the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing Ina contractor agreement that you waive such rights against that person or organization; and 2. The Injury or damage occurs subsequent to the execution of the written contractor agreement. Includes copyrighted material of Insurance Services Office, Inc,, with Its permission, 22-126 (01/08) Page 1 of 1 08/22/2011 6722250 NN170307 2906 AGENT COPY PGDMO60D J00460 ACAOPPN 00001677 Pege 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT COVERAGEINDEX Description Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 2 SUPPLEMENTARY PAYMENTS 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 HIRED AUTO PHYSICAL DAMAGE 2 TOWING AND LABOR 2 PHYSICAL DAMAGE —ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 RENTAL REIMBURSEMENT 3 EXTRA EXPENSE — BROADENED COVERAGE 3 PERSONAL EFFECTS COVERAGE 3 AIRBAG COVERAGE 3 LEASE GAP 3 4 GLASS REPAIR —WAIVER OF DEDUCTIBLE DRIVE OTHER CAR FOR EXECUTIVE OFFICERS 4 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 5 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS 5 BODILY INJURY REDEFINED 5 EXTENDED CANCELLATION CONDITION 5 The following modifies insurance under the: BUSINESS AUTO COVERAGE FORM 1. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I — COVERED AUTOS, paragraph C. is changed by adding the following: If Physical Damage Coverage is provided under the Business Auto Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any 'auto" you do not own while used with the permission of Its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, 'loss", or destruction. 2. BROAD FORM INSURED SECTION Ii —LIABILITY COVERAGE —WHO IS AN INSURED is amended to include as an Insured: 1. Any legally Incorporated entity of which you own more than 50 percent of the voting stock during the period for which this endorsement is effective, if there is no similar Insurance available to that organization. However, the Named Insured does not include any organization: a. that is a partnership or joint venture, or b. that is an insured under any other policy, or has exhausted its Limit of Insurance under any other policy. 2. Paragraph 1.b. above does not apply to a policy written to apply specifically In excess of this policy. 3. Coverage for newly acquired or formed organizations is afforded only for 180 days from the date of acquisition or formation. 4. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired that organization. Includes copyrighted material of Insurance Services Me, Inc. YAW Its permisslon. Copyright, Insurance services office, Inc„ 1997 16.59f (05104) Page 1 of 5 INSURED COPY 08122/'2011 8722248 NN170307 2906 PODM080D J00480 ACAOPPN 00001518 Page 35 3. EMPLOYEES AS INSUREDS SECTION II — LIABILITY COVERAGE —WHO IS AN INSURED Is amended to include as an insured: Any employee of yours while using a covered "auto" you do not own, hire or borrow In your business or your personal affairs. 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE — WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreed In writing in a contract, agreement or permit, to provide insurance such as is afforded under this policy. This provision 4. does not apply unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage." 5. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, 2.a. Supplementary Payments, items (2) and (4) are replaced by the following: (2) Up to $2500 for cost of ball bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the insured at our request, including actual loss of earnings up to $300 a day because of time off from work. 6. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION Ii — LIABILITY, exclusion 5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. The insurance provided under this provision 6. is excess over any other collectible Insurance. 7. HIRED AUTO PHYSICAL DAMAGE SECTION Iii — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: if hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: The most we will pay for "loss" to any hired "auto" Is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. Subject to. a maximum of $750 per "accident", we will also cover loss of use of the hired "auto" if it results from an "accldent you are legally liable, and the lessor incurs an actual financial loss. The insurance provided under this provision 7. is excess over any other collectible insurance. S. TOWING AND LABOR SECTION ill — PHYSICAL DAMAGE COVERAGE, A.2.Towing, is replaced by the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, 'light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. Includes copyrighted material of Insurance Services Office, Inc. with Its pannission. Copyright, Insurance Services Oifice, Inc., 1997 16.59f (05104) Page 2 of 5 08/22/2611 6722248 NN170307 2900 INSURED COPY PGDMD600 J00460 ACAOPPN 00601617 Page 36 b. For "light trucks" that have a gross vehicle weight (GVW) of 10,000 pounds or less, we will pay up to $50 per disablement. c. For "medium trucks" that have a gross vehicle weight (GVW) of 10,001— 20,000 pounds, we will pay up to $150 per disablement. However, the labor must be performed at the place of disablement. 9. PHYSICAL DAMAGE —ADDITIONAL TRANSPORTATION EXPENSE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extension, is amended to provide a limit of $50 per day and a maximum limit of $1000. 10. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, Is amended by adding the following: We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accldent" or "loss", other than theft, to a covered "auto". We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." The most we will pay for any one "accident" or "loss" is $1000. No deductible applies to this coverage. 11. EXTRA EXPENSE —BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 12. PERSONAL EFFECTS COVERAGE A. SECTION IiI —PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto " The Insurance provided under this provision 12. Is excess over any other collectible Insurance. B. SECTION V — DEFINITIONS Is amended by adding the following: "Personal effects" means tangible property that is worn or carried by an "Insured". "Personal effects" does not include tools, Jewelry, money or securities. 13. AIRBAG COVERAGE SECTION IIi — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an air bag, 14. LEASE GAP A. SECTION III — PHYSICAL DAMAGE COVERAGE — LIMIT OF INSURANCE is amended by adding the following: The most we will pay for a "total loss" In any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, includes copyrighted material of Insurance Services office, Inc. with IIs permission. Copydght, Insurance Services Office, Inc., 1997 16-59f (05104) Page 3 of 5 06P2212011 6722248 NN170307 2906 INSURED COPY PGDMO60D J00460 ACAOPPN 00001519 Page 37 e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any amount representing taxes, J. Loan or lease termination fees, or; 2. The actual cash value of the damaged or stolen property as of the time of the "loss". B. ADDITIONAL CONDITIONS This coverage applies only to the original loan or lease written on a covered "auto". C. SECTION V —DEFINITIONS Is changed by adding the following: As used in this endorsement: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. "Balloon loan" Is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 15. GLASS REPAIR—WAIVER OF DEDUCTIBLE SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following to 0. DEDUCTIBLE: No deductible applies to glass damage if the glass Is repaired rather than replaced. 16. DRIVE OTHER CAR FOR EXECUTIVE OFFICERS A. This provision 17. changes only those coverages where a limit and premium is shown in the Declarations. B. CHANGES IN LIABILITY COVERAGE: Any "auto" you do not own, hire or borrow is a covered "auto" for Liability Coverage while being used by any of your "executive officers", except: Any "auto" owned by that "executive officer" or a member of that person's household, or Any "auto" used by that "executive officer" whlie working in a business of selling, servicing, repairing or parking "autos". C. CHANGES IN AUTO MEDICAL PAYMENTS AND UNINSURED MOTORISTS AND UNDERINSURED MOTORISTS COVERAGE The following Is added to WHO IS AN INSURED: Any Individual "insured" and his or her "family members" are "insured" while "occupying" or while a pedestrian when being struck by any "auto" you do not own except: Any "auto" owned by that individual or by any "family member". D. CHANGES IN PHYSICAL DAMAGE COVERAGE: Any private passenger type "auto" you do not own, hire or borrow is a covered "auto" while In the care, custody or control of any of your "executive officers" except: Any "auto" owned by that individual or by any member of his or her household. Any "auto" owned by that Individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". Includes copyrighted material of Insurance Sorvicos office, Inc, Willi Its permission. Copyright, Insurance Services Office, inc., 1997 16-59f (05104) Page 4 of 5 08!22!2011 6722248 NN17030T 2908 INSURED COPY PODM0601) J00460 ACAOPPN 00091619 Page 38 E. ADDITIONAL DEFINITIONS; As used in this endorsement: "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and that person's spouse, while a resident of the same household. "Family member" means a person related to an "executive officer" by blood, marriage or adoption who Is a resident of the individual's household, including a ward or foster child. F. The Insurance provided under this provision 17. will be: Equal to the broadest of those coverages afforded any covered "auto", and Excess over any other collectible insurance. 17. UNINTENTIONAL_ FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS Is amended by adding the following: If you unintentionally fall to disclose any hazards or exposures existing as of the Inception date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard or exposure as soon as practicable after Its discovery, and we have the right to collect additional premium for same. 18, AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR "LOSS" SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is amended by adding the following: You must give us notice of an "accident", claim, "suit" or "loss" only when it Is known to: 1. You, if you are an Individual, 2. A partner, if you are a partnership, 3. A member, If you are a limited liability company, or 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. 19. BODILY INJURY REDEFINED Under SECTION V — DEFINITIONS, definition C. is replaced by the following: "Bodily Injury" means physical Injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 20. EXTENDED CANCELLATION CONDITION The COMMON POLICY CONDITIONS — CANCELLATION provision applies except as follows: If we cancel for any reason other than nonpayment of premium, we will malt or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision 20. does not apply in those states which require more than 60 days prior notice of cancellation. 16-59f (05104) 08/2212011 8722248 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Copyright, Insurance Services OfQco, Inc., 1997 Page 5 of 5 NN170307 2908 INSURED COPY PODM080D J00460 ACAOPPN 00001520 Page 39 Forming a part of Policy Number: BA 6722248 Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: Agent: HENTHORN COMMERCIAL K & S INSURANCE AGENCY CONSTRUCTION COMPANY LLC Agent Code: 9710139 Agent Phone: (972)-7714071 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM The Transfer Of Rights of Recovery Against Others To Us Condition does not apply to the person(s), or organlzation(s) shown in the Schedule, but only to the extent that subrogation Is waived prior to the "accident" or the "loss" under a contract with that person or organization. SCHEDULE Name(s) of Person(s) or Organization(s): BLANKET AS REQUIRED PER WRITTEN CONTRACT ON FILE. (If no name appears above, the Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). 16-87 (11109) AGENT COPY 08d22I2011 8722248 NTCODMU1111 PGDMO60D J18799 ACAFPPN 00000850 Page 5 Bnrmina a nart of Policy Number: 6722249 Coverage Is Provided in Named insured: Agent: HENTHORN COMMERCIAL K 1£ S INSURANCE AGENCY CONSTRUCTION COMPANY LLC Agent Code: 9710139 Agent Phone: TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ()) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: WC 42 03 04A (01100) INSURED COPY 06C22=t1 6772249 NTCODMT12111 PGDM060D J18799 ACAFPPN 00000876 Page 7 Resolution No. 2014-RO160 Bond Check BEST RATING LICENS IN TEXAS DATE BY::rj�, CONTRACT AWARD DATE: April 24, 2014 CITY OF LUBBOCK SPECIFICATIONS FOR Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility RFP 14-11692-DG CONTRACT 11692 PROJECT NUMBER: 88026.9226.90000 88035.9226.90000 Plans & Specifications can be downloaded from: Bidsync.com MIN, t Cit of Lubbock t¢zas CITY OF LUBBOCK Lubbock, Texas I Bond Check BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: April 24, 2014 CITY OF LUBBOCK SPECIFICATIONS FOR Downtown Transfer Plaza. Renovations to Citibus Bus Depot Facility RFP 14-11692-DG CONTRACT 11692 PROJECT NUMBER: 88026.9226.90000 88035.9226.90000 Plans & Specifications can be downloaded from: Bidsync.com City of Lubbock iENAS CITY OF LUBBOCK Lubbock, Texas I PaLye Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 14-11692-DG Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken." Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID / number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. x,/ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and address on the j outside of the envelope or container. 5. V Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. if Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm Is FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. ✓ Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. PAA �Ommuad CaL)4161 (Type or Print Company Flame) 1'i Page Intentionally Left Blank now 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS GOVERNMENT CODE § 2267 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 5. LUMP SUM PRICE PROPOSAL SUBMITTAL FORM 6. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 7. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 8. SAFETY RECORD QUESTIONNAIRE 9. SUSPENSION AND DEBARMENT CERTIFICATION 10. PROPOSED LIST OF SUB -CONTRACTORS 11. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 12. FINAL LIST OF SUB -CONTRACTORS 13. PAYMENT BOND 14. PERFORMANCE BOND 15. CERTIFICATE OF INSURANCE 16. CONTRACT 17. GENERAL CONDITIONS OF THE AGREEMENT 18. DAVIS-BACON WAGE DETERMINATIONS 19. SPECIAL CONDITIONS (IF APPLICABLE) 20. FEDERAL CLAUSES 21. SPECIFICATIONS 6E Page Intentionally Left Blank NOTICE TO OFFERORS Page Intentionally Left Blank NOTICE TO OFFERORS RFP 14-11692-DG Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. March 5, 2014 or as changed by the issuance of formal addenda to all plan holders, to furnish all labor and materials and perform all work for the construction of the following described project: "Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 3:00 p.m. on March 5, 2014, and the City of Lubbock City Council will consider the proposals on March 27, 2014 , at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror 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 proposal submitted. There will be a non -mandatory pre -proposal conference on February 18, 2014 at 10:00 a.m. at 801 Broadway the Downtown Transfer Plaza for Citibus, Lubbock, Texas. Offerors may view the plans and specifications can be downloaded on bidsync.com. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility per the attached specifications and contract documents. Sealed proposals will be received no later than 3:00 n.m.,March 5, 2014 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 14-11692-DG, Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility " and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE-PROPOSAL/SITE VISIT MEETING For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory nre-DroDosal conference will be held at February 18, 2014 at 10:00 a.m. 801 Broadway, Lubbock, Texas. Dowtown Transfer Plaza for Citibus All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -proposal meeting to offerors who do not attend the pre - proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsvnc.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. 4 5 At the request of the proposer, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at hM://www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in, preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred i in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 1 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those . - portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of �- - value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described g in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and s 13 14 15 Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER I SHALL REQUEST ANY INFORMATION VERBALLY ' : ALL - REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING . NO -LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: malvarez@mylubbock.us Bidsync: www.bidsvnc.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within (120) ONE HUNDRED TWENTY CONSECUTIVE CALENDAR DAYS and attain Final Completion within (150) ONE HUNDRED FIFTY CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 4 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full "responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware, products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of ten sets of plans and _ specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then ' distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. i 19 Rol 21 22 23 24 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. CONTRACTOR'S REPRESENTATIVE 6 The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of g the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being ? done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 7 r-, 2'7 29 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. PREPARATION FOR PROPOSAL 29.1 The form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be bidder shall submit his bid on forms furnished by the City, and all blank spaces in the changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name 29.3.2 Proposal RFP 14-11692-DG - Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal 30 31 price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner P (_ Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA H The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 2267. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 25% for Contractor Qualifications, 5% F-11 I for Safety Record, and 10% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 45% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the P! maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 35% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 10% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively -1 evaluated and the formula is as follows: (Points = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire," the Contractors Experience Modification Ratio, and Company Safety l History. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 will be given zero (0) points for the Safety Record Questionnaire. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, 10 f, U location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio. 32.4 10% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. The estimated budget for the construction phase of this project is $ 275,000.00 Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall fast attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. 11 34. 35 ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: littp://www.wdol.%zov/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 12 TEXAS GOVERNMENT CODE § 2267 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project. Governmental entity shall follow the procedures prescribed by section 2267.151. (3) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM LUMP SUM PRICE PROPOSAL CONTRACT DATE: March 5, 2014 PROJECT NUMBER: Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility Proposal of Henthorn Commercial Construction (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM ESTIMATED DESCRIPTION AND UNIT PRICE UNIT TOTAL NO QUANTITY PRICE PRICE 1 1 Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility according to specifications and S 218,000.00 $ 218,000.00 tans. ALTF,RNATF BID A ITEM ESTIMATED DESCRIPTION AND UNIT PRICE UNIT TOTAL NO QUANTITY PRICE PRICE 1 1 Alternate One, will include two new rooftop HVAC units on existing curbs. $ 26,500.00 1 $ 26,500.00 Total Price $ 244,500 P�! Offeror's Initial 4 Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within (120) ONE HUNDRED AIVENTY CONSECUTIVE CALENDAR DAYS and attain Final Completion within (150) ONE HUNDRED FIFTY CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specification aid other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each day in excess of the time set forth herein above for completion, and the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day after substantial completion and in excess of the time to final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. The proposed number of calendar days to substantial completion. (Number followed by written): 110 Days (One Hundred &Ten Dad _MmmmmTm� The proposed number of calendar days to final completion. (Number followed by written): 140 Days (One Hundred & Forty Days) Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, mid to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the su►n of 5% of the bid proposal Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business --.---------------------days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(a), a competitive scaled proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FROM PRIOR TO PROPOSAL OPENING. (Seat if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/MBE Firm: Date: March 5, 2014 Authorized Signature Rhett Dawson (Printed or Typed Name) Henthorn Commercial Construction Company 2011 Avenue C Address Lubbock Lubbock City, County Texas 79404 State Zip Code Telephone: 806-626-4582 Fax: 806-209-0220 Email: dawson.rhett@gmail.com FEDERAL TAX ID or SOCIAL SECURITY No. 26-4058489 Woman Black American Native American Hispanic American Asian Pacific Other (Sgecify) American CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. OUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firms bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Conttactor'* General lnfcrt"mdon Organization Doing Business As Henthom CommercialConstruction Business Address of Principle Office 6901 Upland 1 Lubbock•• Telepho-ne Numbers 806-438-4285 0 1 . .' 806-209-0220 Web Site Address - • • Form of Business (Cheek One) WIN Date of Incorpora, tion M NE 1 1: State of Incorporation Chief Executive • - - President's Name - - • Vice President's Narne(s) Secretary's Name Kathy Varner INNINNIME Date of • State whether ipartnership is general r Commerciallimited Henthom • • Business Address IMMOM"\ �, •1 Lubbock•4•4 WE, n \\\k\ 1\0 MINMEN Average Number of Current t-un rinie Employees ! '• • 10 Confradw's Orkaulkatlonal ExpBrience Organization Doing Business As Henthorn Commercial Construction Business Address of Regional Office 6901 Upland #10 Name of Regional Office Manager KathyVarner "Telephone Numbers 806-438-4285 Main Number 806-470-6169 Fax Number 806-209-0220 Web Site Address henthorncommereial.eom List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization. Name of companies, Firms or organization Percent Ownership Years experience in projects similar to the proposed project: 4 As a General Contractor 1 5 1 As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? no If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? no If yes provide hdl details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agencywithin the last five ears'? no If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating, litigation? no If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? no If yes provide frill details in a separate attachment. See attachment No. Contradtor'x Propose! Key Petwonndl Organization Doing Business As Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment o. Michael Henthorn - President/ CEO Tyler Henthorn - Vice President Rhett Dawson - Lead Project Manager Heath Davidson - Superintendent/ Project Mgr. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. include this chart at an attachment to this description. See attachment No. Tyler Henthorn - Construction Manager Heath Davidson - Project Manager Anthony Reyna - Superintendent Em Provide infirrmation on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience. managerial experience. education and formal training. work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Heath Davidson Rhett Dawson Project Superintendent Anthony Reyna Mike Allen Project Safety Officer Tyler Henthorn Heath Davidson Quality Control Manager Tyler Henthorn Rhett Dawson If key personnel are to fulfill more than one of the roles listed above. provide a written narrative describing how much time will be devoted to each function. their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project. indicate how time it to lie divided between this project and their other assignments. 12 Proposed/ Proecc; Mana4m Organization Doing Business As '' r. •a.a• Name of Individual Henthorn Commercial Construction Heath Davidson Years of Experience as Project Manager 2 Years of Experience with [his organization I Number of similar projects as Project Manager 2 Number of similar projects in other positions 3 Current Project Assignments 1 Name of Assignment Percent of "rinse Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates approval to contactingthe nannes individuals as a reference) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail C-mail Project Project Candidate role on Project r Candidates role on Project Name of Individual Rhett Dawson Years of Experience as Project Manager 9 Years of Experience with this organization 5 Number of similar projects as Project Manager 0 Number of similar projects in other positions 2 Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name 'l'itle/ Position 'ride/ Position Organization Organization -Telephone Telephone E-mail E-mail Project Project Candidate role on Proieet Candidate role on Project 13 Propbsed ProJ#t+SupmAWMdcut _J Organization Doing Business As Name of Individual AnthonyRe na Years of Experience as Project Superintendent 2 Years of Experience with this organization 1 Number of similar projects as Superintendent 1 Number of similar projects in other positions 2 CtnTent Project Assignments 2 Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Name "Title/ Position 'title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Name of Individual Candidate role oil Project Mike Allen Years of Experience as Project Superintendent 2 Years of Experience with this organization 3 Number of similar projects as Superintendent 2 Number of similar projects in other positions 1 Current Project Assignments 2 Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date S R b 5 MINE ' S S S R S Name A 6 R b S S S Name 'Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 14 Propose Project S.dWy OffIMI& Organization Doing Business As Name of Individual Henthorn Commercial Const. Tyler Henthorn Years of Experience as Project Safety Officer $ Years of Experience with this organization 5 Number of similar projects as Safety Officer 1 Number of similar projects in other positions 1 Current Project Assignments 5 Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates approval to contacting e names individuals as a reference) Name Name 'ride/ Position Title/ Position Organization Oranization Telephone 'rele hone E-nrii I E-mail Project Project Candidate role on Proieet . 3 1 Fame of Individual Candidate rote Project OR"heftDawson Years of Experience as Project Safety Officer 5 Yeas of Experience with this organization 4 Number of similar projects as Safety Officer 5 Number of similar projects in other positions 6 Current Project Assignments 5 Name of Assignment Percent of 'rime Used for this Project Estimated Project Completion Date Name Name 'Title/ Position "Title/ Position Organization Organization I'ele hone 1'ele hone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 15 Contractor's Subcontractors and Vendors Organization Doing Business As Henthorn Commercial Construction w,.�* ' KIIIIJ14 (;FWII1 IF-34[g]• •,t • , s grill • 1 •- • $III Work to. • d:d • _ • • Now RIIIII Provide information on the proposed key personnel, project experience and a description of past relationship and work ex erience for each subcontractor listed above usinR the Project Information Forms. Provide a list of major equipment proposed for use on this project. Attach Additional Information if necessary Furnish Fumish HUB/M Vendor Name Equipment / Material Provided Only and WBE Install Firm BE ProposHl Pro•iilgt QtdAlity Control Niana*r Organization Doing Business As Henthorn Commercial Const. Name of Individual Rhett Dawson Years of Experience as Quality Control Manager 2 Years of Experience with this organization 4 Number of similar projects as Quality Manager 4 Number of similar projects in other positions 4 Current Project Assignments 5 Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates a roval to contacting the names individuals as a reference) Name Name "rifle/ Position 'Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Pro"ect f . } Name of Individual Candidate role on Project Tyler Henthom Years of Experience as Quality Control Manager 3 Years of Experience with this organization 5 Number of similar projects as Quality Manager 6 Number of similar projects in other positions 7 Current Project Assignments 4 Name of Assignment Percent of "rime Used for this Project Estimated Project Completion Date i' F} R b 2 } 3• .f R} Name F a .f I Name "Title/ Position "Title/ Position -Organization Organization -Telephone Telephone C-mail E-mail Project Project Candidate role on Project Candidate role on Project 16 r rContractor's Project' Experience anti Resources Organization Doing Business As I Henthorn Commercial Const. Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide hest value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: I . Contract administration ?. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / NIWBE Partici ation Goal Edoss'sr Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessar Equipment Item Primary Use on Project Own BWill Lease Floor a finis er nn an Polish floor Pressure washer Wash Canopy exterior x $ f a a rt n a a 6- Wh,aawork will #re organization cbm lete ussint its owd resources? Tile Removal, Toilet Partitions, Pressure Washing, Brick, Benches, Sinks, Demo, Temporary Partitions, Clean Up, Mobilization, Resilient Base What work does the organization propose to subcontract on thisproject'? Plumbing, Painting, Flooring, HVAC, Electrical, Roofing L 17 17F, � _ m Win= oo ;;7 x -aC) rr rn _ ro v ra n ra r ( s a , fl- CD @ 0 n � (D -� r r5 n n � 1 0 rt^ Cl)rm rs rs Cil= {n CD r0 may, a A 'o'> „q r - rj. 0 O Q z= _" ^i � o � T+ � ��\j _ " a o,! 3 3 o -� o o q. ac'o 03 0 CL c�3 �. 0 CD � mo cD to cD a O = z m 3 ` a o = <�� o ra 0(D O v' m G� o (D c, CD r CD Q o o = e, o 3 L n (A O r O GV� -p cii CD -v Ui m < D O > _ > 0. '.} (D (D rtQ � CD Q 0 'L = (D CE CD •r. CD 0 CD CO CD 0 (/► _. O a ^ _ � O '"" to Cr ti (p tp S L. �. O oa /BCD CD ^C CD ( 3� r r 7 r i-h rn n Cl) rM i x o r < O is n— t (D rM G rT S c CD3 �• CD cs O N '! O S?o o' .� ri -�c y CD �' _ CD :3n O v z n D c 0 ` cn O 3 �- 3 c a W 3 � c•n -0 Q C3 N '� 3 m O m CD � CD m a nni < _ ,� rn �' v m =. CL N N -. orD ft — Z N O io rj ou b OD < OD (? (n OD co OD v �� P N �W�� N W ��� CA -' S c X O --4 O •J (J1: v V W In rG x O N W 0 Q 1 rD• � =. 3 .G C7 ok � (D a) m m O�� a� o � � Cn DCL N w � n = n OD N o co cn (n -n C = N (D `m• 3 CD N a a)rya o < m 3 •� `t O 3 faIp cc)m 3 o3i rp o _ tQ > > O fl O a O q 3 ., 3 — — 3 0 9 9 A 9 III I CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. 2--- Contractor ( Original Signature) Rhett Dawson Contractor (Print) CONTRACTOR'S BUSINESS NAME: Henthorn Commercial (Print or Type) CONTRACTOR'S FIRM ADDRESS: PO Box 64190 Lubbock TX 79464 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the Citv of Lubbock at (806) 775-2572. RFP - 14-11692-DG — Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility I Page Intentionally Left Blank I I I I I SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the Cite of Lubbock, he it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: 11. 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. Irish and Wildlife Set -vice (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. I C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. I! d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: j QUESTION ONE ._ Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such �firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years'? .' YES NO X If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its �- proposal submission, the following information with respect to each such citation: i^ Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. _Offcror's Initials i_ 7 "h QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations .include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death'? YES NO X If the offeror has indicated YES for question number 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. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: 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 Project Manager Title I L I SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Fedcral 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 525,000 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: Henthorn Commercial Construction FEDERAL TAX ID or SOCIAL SECURITY No. 26-4058489 Signature of Company Official: -"— ,�_ L2==.— Printed name of company official signing above: Heath Davidson Date Signed: March 4th, 2014 Page Intentionally Left Blank PROPOSED LIST OF SUB -CONTRACTORS Company Name Location 1. Top of Texas Painting Int/Ext 2. Earls Plumbing Interior 3. White Service Company Int/Ext 4. Kincaid Roofing Exterior 5. Amerete Interior 6. Bright Star Electric Int/Ext 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Minority Owned Services Provided Yes No Painting ❑ ❑ Sinks ❑ ❑ HVAC (Alternate) ❑ ❑ Roofing & Trim ❑ ❑ Refinish Floors ❑ ❑ Elect for HVAC (Alternate) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Henthorn Commercial Construction (PRINT NAME OF COMPANY) RFP - 14-11692-DG -Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility Page Intentionally Left Blank FINAL LIST OF SUB -CONTRACTORS Minority' Owned Company Nmne Loution Setvices Provided yes No 1.. Alonzo Paint Ext. & Int. Painting 2. Earl's Plumbing Restrooms Plumbing U 3. White Service Co. Ext. & Int. HVAC - Alternate � C. 4. Kincaid Roofing Ext. Roofing _ c C Amerete Int. Concrete Re -Finish & Polish c S. G. Bright Star Electric Int. Electrical =0 c 7 u `' J. ` 10. 12. `" 13. `' 14. 1>. u 16. SUBMITTED BY: Henthorn Commercial Construction (PRINT NAME OF COMPANY) THIS FORM. SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RI4P - 14-I 1692-DG-Dotivntown 'I'r;itisfet- Plaza Renovations to Citibus Bus Depot Facility Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank t Bond #75103738 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) OW ALL MEN BY THESE PRESENTS, that Henthorn Commercial Construction, LLC (hereinafter called the PrincipaI(s), as Principal(s), and The Guarantee Company of North America USA inafter called the Stirety(s), as Surety(s), are Held and firmly boundunto fife City of Lubbock (hereinafter called the igee), in the amount of TWO HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED Dollars ($244,500) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and jbeir 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 24`' day of April, 2014, RFP 14-11692-DG Downtown Transfer Plaza Renovations to C.itib'us Bus Depot Facility with thorn Commercial Construction. ,*6d said Principal under the. law is regpired before commencing the work provided for in said contract to execute a. bond amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay ants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said vanbwt; 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 `` Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Amficle to the same extent as if it were copied at length herein. i IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 24th day of April 2014. The Guarantee Company of Nor h America USA Henthorn Commercial Construction, LLC (Company Name) 4 THE The Guarantee Company of North America USA GUARANTEE'" POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Tony Fierro, Johnny Moss, Jay Jordan, Mistie Beck, Robert G. Kanuth, Jeremy Barnett, Jade Porter, Jarrett Willson of Rockwall, Texas Tony Fierro, Mistie Beck, Robert J. Shuya, Jade Porter, Johnny Moss of El Paso, Texas K & S Group, Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. it is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. 06G)N� INWITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA e&�c 4--- _* /Z_101u� STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai 40 Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which isstillin full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 2`i 'day ofrtL ZOC+ U(,CgG7 Randall Musselman, Secretary THE iw,GUARANTEE 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent at: The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, Michigan 48076 Phone: 248-281-0281 Fax: 248-750-0431 Texas Consumer Notice AVISO IMPORTANTE Para obtener informacion o para someter una q ueja: Puede comunicarse con su agent al 3 You may call The Guarantee Company of North America Usted puede Ilamar al numero de telefono gratis de USA's toll -free telephone number for information or to make a The Guarantee Company of North America USA's complaint at: 1-866-328-0567 para informacion o para someter una queja al: 1-866-328-0567 4 You may also write to The Guarantee Company of North America USA at: One Towne Square, Suite 1470 Southfield, Michigan 48076 Web: www.ocna.com E-mail: Info@gcna.com Fax: 248-750-0431 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-91 04 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx. us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Usted tambien puede escribir a to The Guarantee Company of North America USA: One Towne Square, Suite 1470 Southfield, Michigan 48076 Web: www.gcna.com E-mail: Info@gcna.com Fax: 248-750-0431 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1 - 800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-91 04 Fax: (512) 475-1771 Web: http://www.tdi.state.b(.us E-mail: ConsumerProtection@tdi.state.tx. us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TD 1). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es solo This notice is for information only and does not become a part para proposito de information y no se convierte en or condition of the attached document. parte o condicion del documento adi unto. CS0083 Texas Consumer Notice 07/12/12 No Text r` [_ STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that&t%orn Coa%A. ntf Lt&ereinafter 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 TWO HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED Dollars ($244,500) - 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. r- _> WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24`h day of April, 2014, RFP 14-11692-DG Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility with Henthorn Commercial Construction. 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 2014. lle-Y)Awn Co,, ILC Surety (Company Name) *By: By: (Title) (Printed Name) &4�t 1) & V; (Signature) �y (Title 1 s I' l ., 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 lt4l-� 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. 2 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Johnny Moss 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. USA Surety * By: (Title)/ohnny Mois Approved ato form: City70,�/�-Vt__e�� By: ity 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 Pact, we must have copy of power of attorney for our files. 2 PERFORMANCE BOND Page Intentionally Left Blank sm Bond # 75103738 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE TITAN $I ft000) Henthorn Commercial �XOW ALL MEN BY THESE PRESENTS, thatConstruction, LLC(liereinafter called the Principal(s), as Principal(s), and The Guarantee Company of North America. USA (hereinafter called the Surety(s), as Surety(s), are field and firmly bound unto the City of Lubbock (hereinafter called --the. 0bli-ee), in the amount of TWO HTINDRED FORTY" FOUR THOUSAND FIVE HUNDRED Dollars ($244,5.00) lawful money of the United States for the payment whereof, the.said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. i WHEREAS, the Principal has. entered into a certain written contract with the Obligee, dated the 24"' day of April, 2014, RFP 14-11692 DG Downtown Transfer Plaza Renovations to Citibus• Bus Depot Facility, with Henthorn Commercial Construction. said principal under the law is required before commencing the work provided for in said contract to execute a bond z 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" ait hfully perform the work in accordance with the plans, specifications and contract docu vents, then this obligation, shall 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 Teas Government Code, and all liabilities on this bond shallbe,determined in accordance with the provisions of said table 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 24th of April , 2014. The Guarantee Comp of orth America (Title) nny Moss, At► ney-m-fact Henthorn Commercial Construction, LLC (Signatu►►e) (Title) m 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 TWO HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED Dollars ($244,500) 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 241" day of April, 2014, RFP 14-11692-DG Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility with Henthorn Commercial Construction. 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 frilly and to the same extent as if length copied at herein. P 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 22014. f L gf/h�qr-n&Iftm Co �s . � L Surety (Company Name) * By: By:biL-A15"-- (Title) (Printed Name (Signature) t,4 MAP-. (Title) J I,J 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 Ci%ityy b By orney * 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. 2 CERTIFICATE OF INSURANCE Page Intentionally Left Blank Pase Intentionally Left Blank CERTIFICATE OF INSURANCE f A� yr CERTIFICATE OF LIABILITY INSURANCE zii6i2o� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K & S Insurance Agency 2255 Ridge Road, Ste. 333 P . 0. BOX 277 Rockwall TX 75087 CONTACT Cheryl Bounds NAME: rY PHONE (972) i71-4071 A/C No): (972)771-4695 n-MAIL .abounds@kandsins.com INSURE S AFFORDING COVERAGE NAIC # INSURER America First Lloyds of Texas 11526 INSURED Henthorn Commercial Construction, LLC 4006 95th St. Lubbock TX 79423 INSURERB.PeerlesS Indemnity Insurance 24198 INSURER C.Netherlands Insurance Company 4171 INSURERD: INSURER E: 1 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCEADDLSUBR POLICY NUMBER POLICY EFF MMID POLICY EXP MM/ LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR CBP8950133 2-126 1/08 WOS 2-132 1/08 & 22-135 1/08 11,dditional Insured /22/2013 /22/2014 EACH OCCUR_ RENCE_ $ 1,000,000 D ES ( €tENYEr) PREMISE occurtence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED aA6722248 waiver 16-87 11/09 'l Insd 16-59f 5/04 /22/2013 /22/2014 Ea COMBINED SINGLE LIMIT accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PUTOSPReOPER Y DAMAGE $ Underinsured motorist $ 11000,000 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE - N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA KC420304A 1/00 Waiver 6722249 /22/2013 /22/2014 X I WCSTATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) See above listing of additional insured and waiver of subrogation endorsement forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Lubbock 1635 15th Street AUTHORIZED REPRESENTATIVE Lubbock, TX 79401 Johnny Moss/CHERYL-----�►--�'��""� ACORD 25 (2010105) INS025 igninnsi m 01988-2010 ACORD CORPORATION. All rights reserved. Tho A(`nR11 nanw and Innn nro roniafamd marts of ArnRr1 la a CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ 0 Occurrence Personal & Adv. Injury $ 0 Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY 0 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 0 GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ 0 Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'SRISK ❑ 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/ 0 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. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto/General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS v �t CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to i. 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) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (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; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (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 (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. Page Intentionally Left Blank I I CONTRACT Page Intentionally Left Blank CONTRACT 11692 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 241' day of Anril, 2014 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Henthorn Commercial Construction of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP-14-11692-DG - Downtown Transfer Plaza Renovations to Citibus Bus Depot Facility and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Henthorn Commercial Contruction's proposal dated March 5, 2014 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current finds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: &Jqgan l . J cfal 1�0 GAp�_Wl. By. _ Z(l /—.;- d— PRINTED NAME: vi o h TITLE: COMPLETE ADDRESS: wl M. iN4 . Company G`� ��t �' I L�f✓ Address v � Ci . City, State, Zip L v of ATTEST: Corporate Secretary CITY OF LUBBOCK, ID&AS (OWNER): IN A Secretary APPROVED AS TO CONTENT:XN Maurice earl, General Manager Citibus APP,� D S TO FORM: Assistant City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Pase Intentionally Left Blank l GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Successful Offeror, Henthorn Commercial Construction who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, Citibus/City of Lubbock, or its representative Maurice Pearl, General Manger Citibus so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Conti -actor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 1 91 10 11 12. 13. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, Iight, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work' and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the 2 z t Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be 18. 19 20. encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of 25. the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terns and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that 0 such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this, contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $1,000,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. , Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance. NOT REQUIRED E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) ae aai-a O, Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 10 F. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 11 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (wwiutdi.state tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; rill iii include in all contracts to provide services on the project the following language: ( ) P P j g "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all i coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the j Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; LJ 12 �3 i_i (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, 13 32. 33. 34. device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. IWAVA M-AillIDZG].iD71�/��t�1�.9 The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500(Five Hundred) Per Day, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount 14 agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative) may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, _. area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the 15 specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials fiunished on the project, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. i 16 The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 17 46. 47 48. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of. (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, 18 equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies 19 49 50. 51. 52. 53 54. 55. available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. HAZARDOUS SUBSTANCES AND ASBESTOS 20 Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 21 59. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). 22 DAVIS-BACON WAGE DETERNIINATIONS Page Intentionally Left Blank EXHIBIT A General Decision Number: TX140262 01/03/2014 TX262 Superseded General Decision Number: TX20130262 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 01/03/2014 BOIL0531-001 01/01/2013 Rates Fringes Boilermaker ....................$ 22.71 20.63 ---------------------------------------------------------------- BRTX0005-003 06/01/2012 Rates Fringes Bricklayer .....................$ 19.50 1.73 ----------------------------------------------------------- CARP0665-002 05/01/2010 Rates Fringes Carpenter ......................$ 20.18 5.56 --------------------------------------------------------------- ENGI0178-004 12/01/2009 Rates Fringes OPERATOR: Forklift ..............$ 21.20 9.35 ---------------------------------------------------------------- * IRON0263-017 06/01/2013 Rates Fringes Ironworker, reinforcing ........ $ 22.50 5.35 ---------------------------------------------------------------- PAIN0053-003 04/01/2008 Rates Fringes Painter - Brush, Roller & Spray ............................$ 15.81 4.56 ------------------------------------------------------------ PLUM0404-022 09/24/2012 Rates Fringes PLUMBER/PIPEFITTER...............$ 22.50 6.25 --------------------------------------------------------- SHEE0049-007 06/01/2011 Rates Fringes SHEETMETAL WORKER (HVAC Duct and Unit Installation) ........... $ 22.18 9.47 ------------------------------------------------------------ SUTX2009-168 06/03/2009 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 18.58 0.00 ELECTRICIAN ......................$ 18.09 2.36 IRONWORKER, STRUCTURAL ........... $ 10.38 0.00 LABORER: Common or General ...... $ 8.86 0.00 LABORER: Mason Tender - Brick ... $ 11.00 0.00 OPERATOR: Backhoe/Excavator..... $ 13.81 0.00 OPERATOR: Grader/Blade .......... $ 12.97 0.00 OPERATOR: Loader (Front End) .... $ 12.23 0.00 ROOFER ...........................$ 12.06 0.00 TILE SETTER ......................$ 8.50 0.00 TRUCK DRIVER .....................$ ----------------------------------------------------------- 10.15 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: ). * an existing published wage determination * a survey underlying a wage determination C * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. �i EXMBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank � Federal Clauses Page Intentionally Left Blank 1. FLY AMERICA REQUIREMENTS 49 U.S.C. §40118 41 CFR Part 301-10 Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Model Clause/Language The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language. Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier r is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act.Micro-purchases _ are defined as those purchases under $2,500. These requirements do not apply to micro- purchases.The Fly America requirements flow down from FTA recipients and subrecipients to ' first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language.- The Contractor agrees to. comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 2. BUY AMERICA REQUIREMENTS 49 U.S.C. 53230) 49 CFR Part 661 Applicability to Contracts The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America. The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring,that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America. Mandatory Clause/Langua2e The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA. The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA. Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 64 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and,the applicable regulations in 49 CFR Part 661.5. Signature C/ Company Name O,r L L Title ✓'a to ✓ . Certificate of Non -Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 _ U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date 1 Signature Company Name Title rtification requirement for procurement of buses, other rolling stock a ssociated equ ent. Certificat Compliance with 49 U.S.C. 53230)(2)(C). The bidder or o hereby certifies th_a�t mill comply with the requirements of 49 U.S.C. 5323(i)(2)(C) and the re tions ate F.R. Part 661.11. Date i Company Name t-fc Title Certificate of Non-Complian ith 49 U. . 5323- 6)(2)(C) The bidder or offeror eby certifies that it cane comply with the requirements of 49 U.S.C. 53230)(2 and 49 C.F.R. 661.11, but may ualify for an exception pursuant to 49 U.S.C. 5323 - )(A), 53230)(2)(B), or 53230)(2)(D), a 49 C.F.R. 661.7. Date Signature Company Name Title 4. CARGO PREFERENCE REQUIREMENTS 46 U.S.C.1241 46 CFR Part 381 Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Model Clause/Language The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. , The MAR.AD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, I-1 Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment. material, or commodities by ocean vessel. The contractor agrees: a. privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient ( c. requirements in 5. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Applicability to Contracts The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all subcontractors. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro-purchases.The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards _A for Seismic Safety, including the work performed by all subcontractors. _ Model Clauses/Lansuaae j The regulations do not provide suggested language for third -party contract clauses. The following language has been developed by FTA. The regulations do not provide suggested language for third -party contract clauses. The following language has been developed by FTA. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 1 i - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 6. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. The Energy Conservation requirements are applicable to all contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/Languaae No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA. No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements. While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements. Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et se . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the �. Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. I' 10. LOBBYING 31 U.S.C.1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro-purchases.t-J Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, J Section 7. , Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro-purchases.The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Languag - Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. - Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated b 49 CFR Part 19 Appendix A Section 7 Y� g Y � Pp � , which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. ' - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L.104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and, contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certifica ' n an disc sure, if any. - s Signature of Contractor's Authorized Official JleAg ' Y Name and Title of Contractor's Authorized Official Date 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down FTA does not require the inclusion of these requirements in subcontracts. -, Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro-purchases.FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Lan2ua2e The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. ' 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under j this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). ! 7. FTA does not require the inclusion of these requirements in subcontracts. t Requirements for Access to Records and Reports by Types of Contract Contract Characteri $tics Sources of Authority: 149 USC 5325 (a) 49 USC 5325 (a) 2 49 CFR 633.17 49 CFR 633.17 3 18 CFR 18.36 (i) 18 CFR 18.36 (i) i r, 12. FEDERAL CHANGES 49 CFR Part 18 Applicability to Contracts The Federal Changes requirement applies to all contracts. The Federal Changes requirement applies to all contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FTA. No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. l Contractor's failure to so comply shall constitute a material breach of this contract. Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between Purchaser and FTA, as they may be amended or promulgated from time to time during the term t- of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 1 13. BONDING REQUIREMENTS Ayolicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a fern commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Bonding requirements flow down to the first tier contractors. Model Clauses/Lan2uaEe FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: FTA does not prescribe specific wording to be included in third parry contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) r (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding ri any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1 l 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of , the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to j increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1-� 1. The penal amount of the payment bonds shall equal: 1 (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to 1 obtain payment bonds as follows: g 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, a 14. CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 Applicability to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts which exceed $100,000. The Clean Air requirements flow down to all subcontracts which exceed $100,000. Model Clauses/Lan2ua2e No specific language is required. FTA has proposed the following language. No specific language is required. FTA has proposed the following language. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 Applicability to Contracts The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased - during the previous fiscal year was $10,000. The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down These requirements flow down to all to all contractor and subcontractor tiers. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. These requirements flow down to all to all contractor and subcontractor tiers. Model Clause/Lan2ua2e No specific clause is mandated, but FTA has developed the following language. No specific clause is mandated, but FTA has developed the following language. Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 16. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that "at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000.40 USC 3142(a), 29 CFR 5.5(a). `Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. Clause Language Davis -Bacon and Copeland Anti -Kickback Acts (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis - Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officershall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall r either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or Li an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. Fli (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to -a paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) A"rentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the t__ ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen r under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. LJ 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application _ The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... �s the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than $100,000." 40 USC 3 70 1 (b)(3)(A)(iii). The Act applies to construction contracts and, in very limited circumstances, non -construction projects that employ "laborers or mechanics on a public work." These non -construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional `- language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act's requirements are satisfied. Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language While no specific language is required, FTA has developed the following language. While no specific language is required, FTA has developed the following language. E . No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a parry to this contract and shall not be subject to any obligations €_ or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 3118 U.S.C. 1001 49 U.S.C. 5307 Applicability to Contracts These requirements are applicable to all contracts. These requirements are applicable to all contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Lanaun These requirements have no specified language, so FTA proffers the following language. These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seMc . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the f- provisions. 21. TERMINATION 49 U.S.C.Part 18 FTA Circular 4220.1E Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION 49 CFR Part 29 Executive Order 12549 Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103- 355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parries List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 23. PRIVACY ACT 5 U.S.C. 552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause/Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FTA. The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FTA. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with { Federal assistance provided by FTA. 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623,42 U.S.C. § 2000 42 U.S.C. § 6102,42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. The Civil Rights Requirements apply to all contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model ClauselLan2ua2e The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shorten the lengthy text. The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shorten the lengthy text. Civil Rights - The following requirements apply to the underlying contract: The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seMc ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 25. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1E Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Laneua2e FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third parry contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of 4 employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. - - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the parry or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parries mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. r 26. PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 Applicability to Contracts I Patent and rights in data requirements for federally assisted projects ONLY apply to research projects in which FTA finances the purpose of the grant is to finance the development of a product or information. These patent and data rights requirements do not apply to capital projects or operating projects, even though a small portion of the sales price may cover the cost of product development or writing the user's manual. Patent and rights in data requirements for federally assisted projects ONLY apply to research projects in which FTA finances the purpose of the grant is to finance the development of a product or information. These patent and data rights requirements do not apply to capital projects or operating projects, even though a small portion of the sales price may cover the cost of product development or writing the user's manual. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down , The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier.C1 Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier. Model ClauselLanguage The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. k, 1 1 CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirements apply to each contract involving ry' experimental, developmental or research work: i (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not �X include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the parry at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. r 27. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS 49 U.S.C. § 5310, § 5311, and § 5333 29 CFR Part 215 Applicability to Contracts The Transit Employee Protective Provisions apply to each contract for transit operations performed by employees of a Contractor recognized by FTA to be a transit operator. (Because transit operations involve many activities apart from directly driving or operating transit vehicles, FTA determines which activities constitute transit "operations" for purposes of this clause.) The Transit Employee Protective Provisions apply to each contract for transit operations performed by employees of a Contractor recognized by FTA to be a transit operator. (Because transit operations involve many activities apart from directly driving or operating transit vehicles, FTA determines which activities constitute transit "operations" for purposes of this clause.) 1 Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down These provisions are applicable to all contracts and subcontracts at every tier. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. These provisions are applicable to all contracts and subcontracts at every tier. Model Clause/Lanp-ua2 Since no mandatory language is specified, FTA had developed the following language. Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit employee protective requirements as follows: Since no mandatory language is specified, FTA had developed the following language. (1) The Contractor agrees to the comply with applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. 5310(a)(2) for Elderlv Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. 4 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Backiround and Applicabilitv The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Lan2ua2e Vj The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees t concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation U Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is %. A separate contract goal [of — % DBE participation has] [has not] been established for_ this U procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name) deems LJ appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders] [Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the (insert agency name). In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the {insert agency name) and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify {insert agency name], whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and i rl; perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name). 30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1E Applicability to Contracts The incorporation of FTA terms applies to all contracts. The incorporation of FTA terms applies to all contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down The incorporation of FTA terms has unlimited flow down. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. The incorporation of FTA terms has unlimited flow down. Model Clause/Language FTA has developed the following incorporation of terms language: _ Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. FTA has developed the following incorporation of terms language- The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by i DOT, as set forth in are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 1 i 31. DRUG AND ALCOHOL TESTING 49 U.S.C. §5331 49 CFR Parts 653 and 654 Applicability to Contracts The Drug and Alcohol testing provisions apply to Operational Service Contracts. The Drug and Alcohol testing provisions apply to Operational Service Contracts. Applicability to Micro -Purchases Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Flow Down Requirements Anyone who performs a safety -sensitive function for the recipient or subrecipient is required to comply with 49 CFR 653 and 654, with certain exceptions for contracts involving maintenance services. Maintenance contractors for non -urbanized area formula program grantees are not subject to the rules. Also, the rules do not apply to s' maintenance subcontractors. Micro -purchases are defined as those purchases under $2,500. These requirements do not apply to micro -purchases. Anyone who performs a safety -sensitive function for the recipient or subrecipient is required to comply with 49 CFR 653 and 654, with certain exceptions for contracts involving maintenance services. Maintenance contractors for non -urbanized area formula program grantees are not subject to the rules. Also, the rules do not apply to maintenance subcontractors. Model Clause/Language Introduction FTA's drug and alcohol rules, 49 CFR 653 and 654, respectively, are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety -sensitive function on the recipient's behalf (usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with Parts 653 and 654. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety -sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them. FTA's drug and alcohol rules, 49 CFR 653 and 654, respectively, are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety -sensitive function on the recipient's behalf (usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with Parts 653 and 654. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety -sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them. How a recipient does so depends on several factors, including whether the contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the contractor, and the financial resources available to the recipient to oversee the contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and contractors comply with the rules. Therefore, FTA has developed three model contract provisions for recipients to use "as is" or to modify to fit their particular situations. Explanation of Model Contract Clauses Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring the contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 CFR 653 and 654. The disadvantage is that the recipient, which may not directly employ any safety -sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option only for those recipients which have a testing program for their employees, and can add the contractor's safety -sensitive employees to that program. Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring the contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 CFR 653 and 654. The disadvantage is that the recipient, which may not directly employ any safety -sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option only for those recipients which have a testing program for their employees, and can add the contractor's safety -sensitive employees to that program. a Under Option 2, the recipient relies on the contractor to implement a drug and alcohol testing f - program that complies with 49 CFR 653 and 654, but retains the ability to monitor the Ll contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety -sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the rules. Under option 3, the recipient specifies some or all of the specific features of a contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why. Drug and Alcohol Testing Option 1 The contractor agrees to: (a) participate in (grantee's or recipient's) drug and alcohol program established in compliance with 49 CFR 653 and 654. Drug and Alcohol Testing Option 2 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to .establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Drug and Alcohol Testing Option 3 The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify - compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees - further to [Select a, b, or c] (a) submit before (insert date or upon request) a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert 11 r title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review and approval before ( insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to be determined by the recipient, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium). MASTER AGREEMENT For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, Title 23, United States Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the 21St Century, as amended, the National Capital Transportation Act of 1969, as amended, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, February 17, 2009, or other Federal laws that FTA administers. FTA MA(18) October 1, 2011 http://www.fta.dot.gov/documents/18-Master.pdf 8 1 Specifications PAGE INTENTIONALLY LEFT BLANK October 2013 Renovations to the Citibus Transfer Station Phase III 801 Broadway Lubbock, Texas Citibus PO Box 2000 Lubbock, Texas 79457 Chapman Harvey Architects, Inc. 612 Broadway Lubbock, Texas 79401 806-749-1153 CHA, Inc. Project #0921 Set No. TABLE OF CONTENTS DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS Bidding Requirements and Conditions of the Contract Provided by the City of Lubbock DIVISION 01 - GENERAL REQUIREMENTS 01 1000 Summary of Work 012100 Allowances 012300 Alternates 01 2500 Substitution Procedures 01 2600 Contract Modification Procedures 012900 Payment Procedures 01 3100 Project Management and Coordination 013300 Submittal Procedures 014000 Quality Requirements 014200 References 01 5000 Temporary Facilities and Controls 01 6000 Product Requirements 017300 Execution 01 7700 Closeout Procedures 017823 Operation and Maintenance Data 01 7839 Project Record Documents DIVISION 02 - EXISTING CONDITIONS -not used - DIVISION 03 - CONCRETE 033536 Polished Concrete Floor Finishing DIVISION 04 - MASONRY 042113 Brick Masonry DIVISION 05 - METALS -not used - DIVISION 06 - WOOD, PLASTICS AND COMPOSITES 061053 Miscellaneous Rough Carpentry DIVISION 07 - THERMAL AND MOISTURE PROTECTION 075423 Thermoplastic Polyolefin (TPO) Roofing 076200 Sheet Metal Flashing and Trim 079200 Joint Sealants TABLE OF CONTENTS �n DIVISION 08 - OPENINGS -notused- DIVISION 09 - FINISHES 095113 Acoustical Panel Ceilings 096513 Resilient Base and Accessories 099113 Exterior Painting 099123 Interior Painting DIVISION 10 - SPECIALTIES 102113 Toilet Compartments 102800 Toilet Accessories DIVISION 11 - EQUIPMENT -not used - DIVISION 12 - FURNISHINGS 12 3623.13 Plastic Laminate Clad Countertops 124813 Entrance Floor Mats DIVISION 13 - SPECIAL CONSTRUCTION -not used - DIVISION 14 - CONVEYING EQUIPMENT -not used - DIVISION 15— PLUMBING, HEATING, VENTILATING AND AIR CONDITIONING Mechanical Table of Contents 150100 General Mechanical Provisions 154000 Plumbing 156500 Air Conditioning DIVISION 16 — ELECTRICAL -not used - DIVISION 28 — ELECTRONIC SAFETY AND SECURITY -not used - DIVISION 31 — EARTHWORK -notused- DIVISION 32 - EXTERIOR IMPROVEMENTS -not used - DIVISION 33 — UTILITIES -not used - END OF TABLE OF CONTENTS Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 011000 - SUMMARY PART 1 - GENERAL Oct-2013 t 1.1 SUMMARY A. Section Includes: 1. Project information. 2. Work covered by Contract Documents. 3. Access to site. 4. Coordination with occupants. 5. Work restrictions. 6. Specification and drawing conventions. 7. Miscellaneous provisions. B. Related Requirements: 1. Section 015000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.2 PROJECT INFORMATION A. Project Identification: Citibus Transfer Plaza; CHA Project No. 0921. 1. Project Location: 801 Broadway, Lubbock, Texas. B. Owner: Citibus. C. Architect: Chapman Harvey Architects 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of Project is defined by the Contract Documents and consists of the following: 1. The project consists of reroofing of low slope portion of primary structure, repainting of selected exterior surfaces, repainting of selected interior elements, removal of interior Lobby flooring and polishing of concrete floor, replacing existing toilet partitions in all four restrooms and new counters and sinks in two of the existing restrooms. All work described and areas affected are indicated on plans. 2. Alternate One, will include two new rooftop HVAC units on existing curbs. 3. Project will be constructed under a single prime contract. SUMMARY 011000 - 1 f __ Chapman Harvey Architects, Inc. Oct-2013 1 2013 Unauthorized duplication prohibited. 1.4 ACCESS TO SITE A. General: Contractor shall have limited use of Project site for construction operations as indicated by requirements of this Section. B. Use of Site: Limit use of Project site to work in areas indicated on plans. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Driveways, Walkways and Entrances: Keep driveways, bus parking spaces, passenger and freight loading areas, and entrances serving premises clear and available to Owner, Owner's employees, Passengers and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site. C. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period. Repair any damage caused by construction operations. 1.5 COORDINATION WITH OCCUPANTS A. Full Owner Occupancy: Owner will occupy site and existing building during entire construction period. Owner will endeavor to coordinate clientele and Citibus staff as feasible to his operation in order to assist with the timely progress of the construction schedule for all areas under construction. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits. 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, lobby or other occupied or used facilities without written permission from Owner. 2. Notify Architect not less than 72 hours in advance of activities that will affect Owner's operations. B. Owner Limited Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and utilize near -completed portions of the Work, prior to full Substantial Completion of the Work, provided such occupancy does not interfere with completion of the Work. Such limited occupancy shall not constitute acceptance of the total Work. 1.6 WORK RESTRICTIONS A. Work Restrictions, General: Comply with restrictions on construction operations. 1. Comply with limitations on use of adjacent public streets, site and existing facility. B. On -Site Work Hours: Limit work in the existing building to business hours of 8-5, Monday through Friday, unless otherwise arranged with Owner. t SUMMARY 011000 - 2 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated: 1. Notify Architect not less than two days in advance of any proposed utility interruptions. 2. Obtain Owner's written permission before proceeding with utility interruptions. D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner. 1. Notify Architect not less than two days in advance of any proposed disruptive operations. 2. Obtain Owner's written permission before proceeding with disruptive operations. 1.7 SPECIFICATION AND DRAWING CONVENTIONS A. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. B. Drawing Coordination: Requirements for materials and products identified on Drawings are described in the Specifications. One or more of the following are used on Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 011000 SUMMARY 011000 - 3 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 012100 - ALLOWANCES 1.1 SUMMARY A. Section includes administrative and procedural requirements governing allowances. B. Types of allowances include the following: 1. Contingency allowance. Oct-2013 1.2 ACTION SUBMITTALS A. Submit proposals for purchase of products or systems included in allowances, in the form specified for Change Orders. 1.3 INFORMATIONAL SUBMITTALS A. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. B. Submit time sheets and other documentation to show labor time and cost for installation of allowance items that include installation as part of the allowance. C. Coordinate and process submittals for allowance items in same manner as for other portions of the Work. 1.4 COORDINATION A. Coordinate allowance items with other portions of the Work. Furnish templates as required to coordinate installation. 1.5 CONTINGENCY ALLOWANCES A. Use the contingency allowance only as directed by Architect for Owner's purposes and only by Change Orders that indicate amounts to be charged to the allowance. B. Change Orders authorizing use of funds from the contingency allowance will include Contractor's related costs and reasonable overhead and profit margins. C. At Project closeout, credit unused amounts remaining in the contingency allowance to Owner by Change Order. ALLOWANCES 012100 -1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION Oct-2013 3.1 SCHEDULE OF ALLOWANCES A. Allowance No. l: Contingency Allowance: Include the sum of 5% Of Construction Cost. 1. If utilized, this allowance shall also include material cost receiving, handling, and installation and Contractor overhead and profit. END OF SECTION 012100 ALLOWANCES 012100 - 2 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 012300 - ALTERNATES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for alternates. 1.2 DEFINITIONS A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the bidding requirements that may be added to or deducted from the base bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. Alternates described in this Section are part of the Work only if enumerated in the Agreement. 2. The cost for each alternate is the net addition to the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. 1.3 PROCEDURES A. Coordination: Revise or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate. B. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated revisions to alternates. C. Execute accepted alternates under the same conditions as other work of the Contract. D. Schedule: A schedule of alternates is included at the end of this Section. PART 2 - EXECUTION 2.1 SCHEDULE OF ALTERNATES A. Alternate No. 1: ADD two new rooftop HVAC units. 1. Remove and dispose of the two older of the four existing rooftop HVAC units. ALTERNATES 012300 - 1 f, is Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2. Repair curbs if necessary and install two new HVAC units on the existing curbs. 3. Make all electrical and mechanical connections and existing equipment adjustments necessary to the optimal use of the new units. END OF SECTION 0123000 ALTERNATES 012300 - 2 Chapman Harvey Architects, Inc. Oct-2013 - 2013 Unauthorized duplication prohibited. SECTION 012500 - SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for substitutions. B. Related Requirements: 1. Section 016000 "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers. 1.2 DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1.3 ACTION SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work. 1.4 QUALITY ASSURANCE A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers. SUBSTITUTION PROCEDURES 012500 -1 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. s PART 2 - PRODUCTS 2.1 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied: a. Requested substitution is consistent with the Contract Documents and will produce indicated results. b. Requested substitution will not adversely affect Contractor's construction schedule. C. Requested substitution has received necessary approvals of authorities having jurisdiction. d. Requested substitution is compatible with other portions of the Work. e. Requested substitution has been coordinated with other portions of the Work. f. Requested substitution provides specified warranty. g. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. B. Substitutions for Convenience: Architect will consider requests for substitution if received within 60 days after the Notice to Proceed. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied: a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include FiJ compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. b. Requested substitution does not require extensive revisions to the Contract Documents. C. Requested substitution is consistent with the Contract Documents and will produce indicated results. d. Requested substitution will not adversely affect Contractor's construction schedule. e. Requested substitution has received necessary approvals of authorities having jurisdiction. £ Requested substitution is compatible with other portions of the Work. g. Requested substitution has been coordinated with other portions of the Work. h. Requested substitution provides specified warranty. i. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. �l SUBSTITUTION PROCEDURES 012500 - 2 1 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. c PART 3 - EXECUTION (Not Used) END OF SECTION 012500 SUBSTITUTION PROCEDURES 012500 - 3 Chapman Harvey Architects, Inc. Oct-2013 g 2013 Unauthorized duplication prohibited. SECTION 012600 - CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for handling and processing Contract modifications. 1.2 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AIA Document G710, "Architect's Supplemental Instructions." 1.3 PROPOSAL REQUESTS A. Owner -Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Work Change Proposal Requests issued by Architect are not instructions either to stop work in progress or to execute the proposed change. 2. Within 10 days, when not otherwise specified, after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, fiarnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. C. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. e. Quotation Form: Use forms acceptable to Architect. B. Contractor -Initiated Work Change Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to the Architect. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. CONTRACT MODIFICATION PROCEDURES 012600 -1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 , 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Section 012500 "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. 7. Work Change Proposal Request Form: Use form acceptable to Architect. 1.4 CHANGE ORDER PROCEDURES A. On Owner's approval, Architect will issue a Change Order for signatures of Owner and Contractor on AIA Document G701. 1.5 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Architect may issue a Construction Change Directive on AIA Document G714. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. L', B. Documentation: Maintain detailed records on a time and material basis of work required by the 1 Construction Change Directive. H 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012600 CONTRACT MODIFICATION PROCEDURES 012600 - 2 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 012900 - PAYMENT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Requirements: 1. Section 012600 "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 1.2 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule. 1. Coordinate line items in the schedule of values with other required administrative forms and schedules, including the following: a. Application for Payment forms with continuation sheets. b. Submittal schedule. C. Items required to be indicated as separate activities in Contractor's construction schedule. 2. Submit the schedule of values to Architect at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. B. Format and Content: Use Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section. 1. Arrange schedule of values consistent with format of AIA Document G703. 2. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with Project Manual table of contents. 3. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 4. Provide a separate line item in the schedule of values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. 5. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 6. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. PAYMENT PROCEDURES 012900 -1 r Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 r a. Temporary facilities and other major cost items that are not direct cost of actual work -in -place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option. 7. Schedule Updating: Update and resubmit the schedule of values with or before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.3 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction work covered by each Application for Payment is the period indicated in the Agreement. C. Application for Payment Forms: Use AIA Document G702 and AIA Document G703 as form for Applications for Payment. D. Transmittal: Submit three signed and notarized original copies of each Application for Payment to Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. E. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from entities lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered by the payment. 1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit conditional final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waivers. 4. Waiver Forms: Submit executed waivers of lien on forms acceptable to Owner. F. Davis Bacon Report: Weekly payroll report per subcontractor or entity requesting payment, for each week of work submitted. G. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. PAYMENT PROCEDURES 012900 - 2 r Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 2. Schedule of values. 3. Contractor's construction schedule (preliminary if not final). 4. Schedule of unit prices. 5. Submittal schedule (preliminary if not final). 6. List of Contractor's staff assignments. 7. List of Contractor's principal consultants. 8. Copies of building permits. 9. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 10. Initial progress report. 11. Report of preconstruction conference. 12. Certificates of insurance and insurance policies. H. Application for Payment at Substantial Completion: After Architect issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for temporary Owner occupancy of designated portions of the Work. I. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: l . Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G706-1994, "Contractor's Affidavit of Payment of Debts and Claims." 5. AIA Document G706A-1994, "Contractor's Affidavit of Release of Liens." 6. Evidence that claims have been settled. 7. Final meter readings for utilities if applicable and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 8. Final liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900 PAYMENT PROCEDURES 012900 - 3 Chapman Harvey Architects, Inc. Oct-2013 { 2013 Unauthorized duplication prohibited. SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. Coordination drawings. 2. Requests for Information (RFIs). 3. Project meetings. B. Related Requirements: 1. Section 017300 'Execution" for procedures for coordinating general installation and field -engineering services, including establishment of benchmarks and control points. 1.2 DEFINITIONS A. RFI: Request from Owner, Architect, or Contractor seeking information required by or clarifications of the Contract Documents. 1.3 INFORMATIONAL SUBMITTALS A. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s) covered by subcontract. 1.4 GENERAL COORDINATION PROCEDURES A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where � installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. PROJECT MANAGEMENT AND COORDINATION 013100 - 1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 B. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 1.5 REQUESTS FOR INFORMATION (RFIs) A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. Architect will return RFIs submitted to Architect by other entities controlled by Contractor with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Date. 3. Name of Contractor. 4. Name of Architect. 5. RFI number, numbered sequentially. 6. RFI subject. 7. Specification Section number and title and related paragraphs, as appropriate. 8. Drawing number and detail references, as appropriate. 9. Field dimensions and conditions, as appropriate. 10. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 11. Contractor's signature. 12. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. C. RFI Forms: AIA Document G716 or Software -generated form with substantially the same content as indicated above, acceptable to Architect. D. Architect's Action: Architect will review each RFI, determine action required, and respond. Allow seven working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day. PROJECT MANAGEMENT AND COORDINATION 013100 - 2 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. C. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Requests for interpretation of Architect's actions on submittals. f. Incomplete RFIs or inaccurately prepared RFIs. 2. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt of additional information. 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Section 012600 "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response. E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log to Architect monthly. Include the following: 1. Project name. 2. Name and address of Contractor. 3. Name and address of Architect. 4. RFI number including RFIs that were dropped and not submitted. 5. RFI description. 6. Date the RFI was submitted. 7. Date Architect's response was received. F. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. 1. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 1.6 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. PROJECT MANAGEMENT AND COORDINATION 013100 - 3 i Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. r-; Oct-2013 3. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Architect, within three days of the meeting. B. Preconstruction Conference: Architect will schedule and conduct a preconstruction conference before construction begins, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement. 1. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Critical work sequencing and long -lead items. C. Designation of key personnel and their duties. d. Procedures for processing field decisions and Change Orders. e. Procedures for RFIs. f. Procedures for testing and inspecting. g. Procedures for processing Applications for Payment. It. Submittal procedures. i. Preparation of record documents. j. Use of the premises k. Owner's schedule. 1. Work restrictions. In. Working hours. n. Owner's occupancy requirements. o. Responsibility for temporary facilities and controls. p. Procedures for disruptions and shutdowns. q. Construction waste management. r. Parking availability. S. Job Office, work, and storage areas. t. Equipment and material deliveries. U. First aid. V. Security. W. Ongoing Progress cleaning. 3. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes. C. Progress Meetings: Conduct progress meetings at bi-monthly intervals. 1. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. PROJECT MANAGEMENT AND COORDINATION 013100 - 4 c Chapman Harvey Architects, Inc. [ 2013 Unauthorized duplication prohibited. Oct-2013 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off -site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of proposal requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 3. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to Owner, Architect and each party present and to parties requiring information. a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013100 PROJECT MANAGEMENT AND COORDINATION 013100 - 5 r Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SSECTION 013300 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. Related Requirements: 1. Section 017823 "Operation and Maintenance Data" for submitting operation and maintenance manuals. 2. Section 017839 "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. 1.2 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Architect's responsive action. B. Informational Submittals: Written and graphic information and physical samples that do not require Architect's responsive action. Submittals may be rejected for not complying with requirements. 1.3 ACTION SUBMITTALS A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Architect and additional time for handling and reviewing submittals required by those corrections. 1.4 SUBMITTAL ADMINISTRATIVE REQUIREMENTS A. Architect's Digital Data Files: Electronic copies of digital data files of the Contract Drawings will be provided by Architect for Contractor's use in preparing submittals. 1. Architect will furnish Contractor one set of digital data drawing files of the Contract Drawings for use in preparing Shop Drawings and Project record drawings. a. Architect makes no representations as to the accuracy or completeness of digital data drawing files as they relate to the Contract Drawings. b. Contractor shall execute a data licensing agreement in the form of Agreement form acceptable to Owner and Architect. SUBMITTAL PROCEDURES 013300 -1 i Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. -3 C. Request specific digital data drawing files required for Shop Drawings, from Architect. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 15 days for review of each resubmittal. D. Electronic Submittals: Identify and incorporate information in each electronic submittal file as follows: 1. Assemble complete submittal package into a single indexed file incorporating submittal requirements of a single Specification Section and transmittal form with links enabling navigation to each item. 2. Name file with submittal number or other unique identifier, including revision identifier. a. File name shall use project identifier and Specification Section number followed by a decimal point and then a sequential number (e.g., LNHS-061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., LNHS-061000.0l .A). 3. Provide means for insertion to permanently record Contractor's review and approval markings and action taken by Architect. 4. Transmittal Form for Electronic Submittals: Use electronic form acceptable to Owner, containing the following information: a. Project name. b. Date. C. Name and address of Architect. d. Name of Construction Manager. e. Name of Contractor. f. Name of firm or entity that prepared submittal. SUBMITTAL PROCEDURES 013300 - 2 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 g. Names of subcontractor, manufacturer, and supplier. h. Category and type of submittal. i. Submittal purpose and description. j. Specification Section number and title. k. Specification paragraph number or drawing designation and generic name for each of multiple items. 1. Drawing number and detail references, as appropriate. in. Location(s) where product is to be installed, as appropriate. n. Related physical samples submitted directly. o. Indication of full or partial submittal. p. Transmittal number. q. Submittal and transmittal distribution record. r. Other necessary identification. S. Remarks. 5. Metadata: Include the following information as keywords in the electronic submittal file metadata: a. Project name. b. Number and title of appropriate Specification Section. C. Manufacturer name. d. Product name. E. Options: Identify options requiring selection by Architect. F. Deviations: Identify deviations from the Contract Documents on submittals. G. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked with approval notation from Architect's action stamp. H. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. I. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Architect's action stamp. .. I&MWIZ41010"I 2.1 SUBMITTAL PROCEDURES A. General Submittal Procedure Requirements: 1. Submit electronic submittals via email as PDF electronic files. SUBMITTAL PROCEDURES 013300 - 3 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. a. Architect will return annotated file. Annotate and retain one copy of file as an electronic Project record document file. 2. Action Submittals: Submit one paper copy of each submittal unless otherwise indicated. Architect will return no copies. 3. Informational Submittals: Submit one paper copy of each submittal unless otherwise indicated. Architect will return no copies. 4. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a. Provide a digital signature with digital certificate on electronically -submitted certificates and certifications where indicated. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's catalog cuts. b. Manufacturer's product specifications. C. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information. 4. For equipment, include the following in addition to the above, as applicable: a. Wiring diagrams showing factory -installed wiring. b. Printed performance curves. C. Operational range diagrams. d. Clearances required to other construction, if not indicated on accompanying Shop Drawings. 5. Submit Product Data before or concurrent with Samples. 6. Submit Product Data in the following format: a. PDF electronic file. b. One paper copy of Product Data unless otherwise indicated. Architect will return no paper copies. C. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. SUBMITTAL PROCEDURES 013300 - 4 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Identification of products. b. Schedules. C. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 nun), but no larger than 30 by 42 inches (750 by 1067 nun). 3. Submit Shop Drawings in the following format: a. PDF electronic file. b. One opaque (bond) copy of each submittal. Architect will return no paper copies. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. C. Sample source. d. Number and title of applicable Specification Section. 3. For projects where electronic submittals are required, provide corresponding electronic submittal of Sample transmittal, digital image file illustrating Sample characteristics, and identification information for record. 4. Disposition: Maintain sets of approved Samples at Project site, available for quality - control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor. 5. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return submittal with options selected. SUBMITTAL PROCEDURES 013300 - 5 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 1_ 6. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit three sets of Samples. Architect will retain two Sample sets; remainder will be returned. E. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: l . Submit product schedule in the following format: a. PDF electronic file. b. One paper copy of product schedule or list unless otherwise indicated. Architect will return no paper copies. F. Coordination Drawings Submittals: Comply with requirements specified in Section 013100 "Project Management and Coordination." G. Contractor's Construction Schedule: Comply with requirements specified in Section 013200 "Construction Progress Documentation." H. Application for Payment and Schedule of Values: Comply with requirements specified in Section 012900 "Payment Procedures. I. Test and Inspection Reports and Schedule of Tests and Inspections Submittals: Comply with requirements specified in Section 014000 "Quality Requirements." J. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Section 017700 "Closeout Procedures." K. Maintenance Data: Comply with requirements specified in Section 017823 "Operation and Maintenance Data." L. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified. M. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on AWS forms. Include names of firms and personnel certified. SUBMITTAL PROCEDURES 013300 - 6 c , j Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. N. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. O. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. P. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. Q. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. R. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. S. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. T. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. U. Schedule of Tests and Inspections: Comply with requirements specified in Section 014000 "Quality Requirements." V. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. W. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. X. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. Y. Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. SUBMITTAL PROCEDURES 013300 - 7 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. PART 3 - EXECUTION Oct-2013 3.1 CONTRACTOR'S REVIEW A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Project Closeout and Maintenance Material Submittals: See requirements in Section 017700 "Closeout Procedures." C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. Fill 3.2 ARCHITECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or revisions required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action. C. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review. D. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION 013300 SUBMITTAL PROCEDURES 013300 - 8 r__, Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 014000 - QUALITY REQUIREMENTS PART 1 - GENERAL A. Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specified tests, inspections, and related actions do not limit Contractor's other quality - assurance and -control procedures that facilitate compliance with the Contract Document requirements. 2. Requirements for Contractor to provide quality -assurance and -control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. 3. Specific test and inspection requirements are not specified in this Section. 1.2 DEFINITIONS A. Quality -Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality -Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect. C. Mockups: Full-size physical assemblies that are constructed on -site or off -site. Mockups are constructed to verify selections made under Sample submittals; to demonstrate aesthetic effects and, where indicated, qualities of materials and execution; to review coordination, testing, or operation; to show interface between dissimilar materials; and to demonstrate compliance with specified installation tolerances. Mockups are not Samples. Unless otherwise indicated, approved mockups establish the standard by which the Work will be judged. D. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements. E. Source Quality -Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop. F. Field Quality -Control Testing: Tests and inspections that are performed on -site for installation of the Work and for completed Work. QUALITY REQUIREMENTS 014000 - 1 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. G. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. H. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub -subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Use of trade -specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s). I. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.3 CONFLICTING REQUIREMENTS A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Architect for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.4 INFORMATIONAL SUBMITTALS A. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. 1.5 REPORTS AND DOCUMENTS A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. QUALITY REQUIREMENTS 014000 - 2 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. B. Manufacturer's Field Reports: Prepare written information documenting tests and inspections specified in other Sections. Include the following: 1. Name, address, and telephone number of representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 4. Results of operational and other tests and a statement of whether observed performance complies with requirements. 5. Other required items indicated in individual Specification Sections. C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.6 QUALITY ASSURANCE A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product's that are similar in material, design, and extent to those indicated for this Project. F. Manufacturer's Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of QUALITY REQUIREMENTS 014000 - 3 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. 1.7 Oct-2013 manufacturer's products that are similar in material, design, and extent to those indicated for this Project. G. Preconstruction Testing: Where testing agency is indicated to perform preconstruction testing for compliance with specified requirements for performance and test methods, comply with the following: 1. Contractor responsibilities include the following: a. Provide test specimens representative of proposed products and construction. b. Submit specimens in a timely manner with sufficient time for testing and analyzing results to prevent delaying the Work. C. Build laboratory mockups at testing facility using personnel, products, and methods of construction indicated for the completed Work. d. When testing is complete, remove test specimens, assemblies, mockups, and laboratory mockups; do not reuse products on Project. 2. Testing Agency Responsibilities: Submit a certified written report of each test, inspection, and similar quality -assurance service to Architect, with copy to Contractor. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents. H. Mockups: Before installing portions of the Work requiring mockups, prepare mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: I. 01 1. Create mockups in location and of size indicated or, if not indicated, as directed by Architect. 2. Notify Architect seven days in advance of dates and times when mockups will be constructed. 3. Demonstrate the proposed range of aesthetic effects and workmanship. 4. Obtain Architect's approval of mockups before starting work, fabrication, or construction. a. Allow seven days for initial review and each re -review of each mockup. 5. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. 6. Demolish and remove mockups when directed unless otherwise indicated. Laboratory Mockups: Comply with requirements of preconstruction testing and those specified in individual Specification Sections. QUALITY CONTROL Owner Responsibilities: Where quality -control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. QUALITY REQUIREMENTS 014000 - 4 t Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. B. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality -control activities required to verify that the Work complies with requirements, whether specified or not. 1. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality -control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 3. Where quality -control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality -control service. 4. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. 5. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a manufacturer's representative to observe and inspect the Work. Manufacturer's representative's services include examination of substrates and conditions, verification of materials, inspection of completed portions of the Work, and submittal of written reports. D. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality -control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which in -situ tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality -control service through Contractor. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality -control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: QUALITY REQUIREMENTS 014000 - 5 ��F Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. G. Coordination: Coordinate sequence of activities to accommodate required quality -assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 3.2 A. "I. A. TEST AND INSPECTION LOG Test and Inspection Log: Prepare a record of tests and inspections. Include the following: 1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Architect. 4. Identification of testing agency or special inspector conducting test or inspection. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Architect's reference during normal working hours. REPAIR AND PROTECTION General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and fmishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 017300 "Execution." Protect construction exposed by or for quality -control service activities. 0 L'. tA� C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality -control services. 3� QUALITY REQUIREMENTS 014000 - 6 Chapman Harvey Architects, Inc. Oct-2013 u ! 2013 Unauthorized duplication prohibited. END OF SECTION 014000 QUALITY REQUIREMENTS 014000 - 7 Y _._i U 1 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 014200 - REFERENCES PART 1 - GENERAL 1.1 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. "Provide": Furnish and install, complete and ready for the intended use. I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.2 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. REFERENCES 014200 - 1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 AWWA American Water Works Association BHMA Builders Hardware Manufacturers Association BIA Brick Industry Association (The) BICSI BICSI, Inc. BIFMA BIFMA International (Business and Institutional Furniture Manufacturer's Association International) BISSC Baking Industry Sanitation Standards Committee CCC Carpet Cushion Council CDA Copper Development Association CEA Canadian Electricity Association CEA Consumer Electronics Association CFFA Chemical Fabrics & Film Association, Inc. CGA Compressed Gas Association CIMA Cellulose Insulation Manufacturers Association CISCA Ceilings & Interior Systems Construction Association CISPI Cast Iron Soil Pipe Institute CLFMI Chain Link Fence Manufacturers Institute CPA Composite Panel Association CRI Carpet and Rug Institute (The) CRRC Cool Roof Rating Council CRSI Concrete Reinforcing Steel Institute CRRC Cool Roof Raring Council CSA Canadian Standards Association CSA CSA International (Formerly: IAS - International Approval Services) CSI Construction Specifications Institute (The) REFERENCES 014200 - 4 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. CSSB Cedar Shake & Shingle Bureau 't CTI Cooling Technology Institute (Formerly: Cooling Tower Institute) DHI Door and Hardware Institute ECA Electrical Components Association EIA Electronic Industries Alliance EIMA EIFS Industry Members Association EJCDC Engineers Joint Contract Documents Committee EJMA Expansion Joint Manufacturers Association, Inc. ESD ESD Association (Electrostatic Discharge Association) ETL SEMCO Intertek ETL SEMCO (Formerly: ITS - Intertek Testing Service NA) �a FIBA Federation Internationale de Basketball (The International Basketball Federation) FIVB Federation Internationale de Volleyball (The International Volleyball Federation) FM Approvals Pp FM Approvals LLC pP FM Global FM Global (Formerly: FMG - FM Global) FRSA Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc. FSA Fluid Sealing Association FSC Forest Stewardship Council GA Gypsum Association GANA Glass Association of North America GRI (Part of GSI) GS Green Seal GSI Geosynthetic Institute HI Hydronics Institute REFERENCES 014200 - 5 �r Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. HUGAMA Hydronics Institute/Gas Appliance Manufacturers Association Division of Air -Conditioning, Heating, and Refrigeration Institute (AHRI) HMMA Hollow Metal Manufacturers Association (Part of NAAMM) HPVA Hardwood Plywood & Veneer Association HPW H. P. White Laboratory, Inc. IAPSC International Association of Professional Security Consultants ICBO International Conference of Building Officials ICEA Insulated Cable Engineers Association, Inc. ICRI International Concrete Repair Institute, Inc. ICPA International Cast Polymer Association IEC International Electrotechnical Commission IEEE Institute of Electrical and Electronics Engineers, Inc. (The) IES Illuminating Engineering Society of North America IEST Institute of Environmental Sciences and Technology IGMA Insulating Glass Manufacturers Alliance ILI Indiana Limestone Institute of America, Inc. ISA Instrumentation, Systems, and Automation Society, The ISO International Organization for Standardization ISSFA International Solid Surface Fabricators Association ITS Intertek Testing Service NA (Now ETL SEMCO) ITU International Telecommunication Union KCMA Kitchen Cabinet Manufacturers Association LGSEA Light Gauge Steel Engineers Association LMA Laminating Materials Association (Now part of CPA) Oct-2013 lu REFERENCES 014200 - 6 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. LPI Lightning Protection Institute MBMA Metal Building Manufacturers Association MCA Metal Construction Association MFMA Maple Flooring Manufacturers Association, Inc. MFMA Metal Framing Manufacturers Association, Inc. MH Material Handling (Now MHIA) MHIA Material Handling Industry of America MIA Marble Institute of America MPI Master Painters Institute MSS Manufacturers Standardization Society of The Valve and Fittings Industry Inc. NAAMM National Association of Architectural Metal Manufacturers NACE NACE International (National Association of Corrosion Engineers International) NADCA National Air Duct Cleaners Association NAGWS National Association for Girls and Women in Sport NAIMA North American Insulation Manufacturers Association NBGQA National Building Granite Quarries Association, Inc. NCAA National Collegiate Athletic Association (The) NCMA National Concrete Masonry Association NCTA National Cable & Telecommunications Association NEBB National Environmental Balancing Bureau NECA National Electrical Contractors Association NeLMA Northeastern Lumber Manufacturers' Association NEMA National Electrical Manufacturers Association NETA InterNational Electrical Testing Association NFHS National Federation of State High School Associations REFERENCES 014200 - 7 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. NFPA NFPA (National Fire Protection Association) NFRC National Fenestration Raring Council NGA National Glass Association NHLA National Hardwood Lumber Association NLGA National Lumber Grades Authority NOFMA NOFMA: The Wood Flooring Manufacturers Association (Formerly: National Oak Flooring Manufacturers Association) NOMMA National Ornamental & Miscellaneous Metals Association NRCA National Roofing Contractors Association NRMCA National Ready Mixed Concrete Association NSF NSF International (National Sanitation Foundation International) NSSGA National Stone, Sand & Gravel Association NTMA National Terrazzo & Mosaic Association, Inc. (The) NWFA National Wood Flooring Association PCI Precast/Prestressed Concrete Institute PDI Plumbing & Drainage Institute PGI PVC Geomembrane Institute PTI Post -Tensioning Institute RCSC Research Council on Structural Connections RFCI Resilient Floor Covering Institute RIS Redwood Inspection Service SAE SAE International SCAQMD South Coast Air Quality Management District SCTE Society of Cable Telecommunications Engineers SDI Steel Deck Institute Oct-2013 REFERENCES 014200 - 8 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SDI Steel Door Institute SEFA Scientific Equipment and Furniture Association SEVASCE Structural Engineering Institute/American Society of Civil Engineers (See ASCE) SIA Security Industry Association SJI Steel Joist Institute SMA Screen Manufacturers Association SMACNA Sheet Metal and Air Conditioning Contractors' National Association SMPTE Society of Motion Picture and Television Engineers SPFA Spray Polyurethane Foam Alliance (Formerly: SP1/SPFD - The Society of the Plastics Industry, Inc.; Spray Polyurethane Foam Division) SPIB Southern Pine Inspection Bureau (The) SPRI Single Ply Roofing Industry SSINA Specialty Steel Industry of North America SSPC SSPC: The Society for Protective Coatings STI Steel Tank Institute SWI Steel Window Institute SWPA Submersible Wastewater Pump Association TCA Tilt -Up Concrete Association TCNA Tile Council of North America, Inc. TEMA Tubular Exchanger Manufacturers Association TIA/EIA Telecommunications Industry Association/Electronic Industries Alliance TMS The Masonry Society TPI Truss Plate Institute, Inc. TPI Turfgrass Producers International Oct-2013 REFERENCES 014200 - 9 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. TRI Tile Roofing Institute UL Underwriters Laboratories Inc. UNI Uni-Bell PVC Pipe Association USAV USA Volleyball USGBC U.S. Green Building Council USITT United States Institute for Theatre Technology, Inc. WASTEC Waste Equipment Technology Association WCLIB West Coast Lumber Inspection Bureau WCMA Window Covering Manufacturers Association WDMA Window & Door Manufacturers Association (Formerly: NWWDA - National Wood Window and Door Association) WI Woodwork Institute (Formerly: WIC - Woodwork Institute of California) WMMPA Wood Moulding & Millwork Producers Association WSRCA Western States Roofing Contractors Association WWPA Western Wood Products Association Oct-2013 C. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. D. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. E. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. ADAAG Americans with Disabilities Act (ADA) Architectural Barriers Act (ABA) Accessibility Guidelines for Buildings and Facilities Available from U.S. Access Board CFR Code of Federal Regulations Available from Government Printing Office DOD Department of Defense Military Specifications and Standards Available from Department of Defense Single Stock Point REFERENCES 014200 - 10 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. DSCC Defense Supply Center Columbus (See FS) FED -STD Federal Standard (See FS) FS Federal Specification Available from Department of Defense Single Stock Point Available from Defense Standardization Program Available from General Services Administration Available from National Institute of Building Sciences FTMS Federal Test Method Standard (See FS) MIL (See MILSPEC) MIL -STD (See MILSPEC) MILSPEC Military Specification and Standards Available from Department of Defense Single Stock Point UFAS Uniform Federal Accessibility Standards Available from Access Board Oct-2013 F. State Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. TAS Texas Accessibility Standards PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 014200 REFERENCES 014200 -11 No Text : : Chapman Harvey Architects, Inc. Oct-2013 ' 2013 Unauthorized duplication prohibited. SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS 1.1 SUMMARY A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Related Requirements: 1. Section 011000 "Summary" for work restrictions and limitations on utility interruptions. 1.2 USE CHARGES A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Architect, occupants of Project, testing agencies, and authorities having jurisdiction. B. Water and Sewer Service from Existing System: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. C. Electric Power Service from Existing System: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. D. Contractor's use of Owner's Existing Systems shall not affect the Owner's ongoing use. A. Site Plan: Show desired location for any temporary facilities, staging areas, and parking areas for construction personnel. To be coordinated with Owner during Pre -construction meeting. B. Erosion- and Sedimentation -Control Plan: Show compliance with requirements of EPA Construction General Permit or authorities having jurisdiction, whichever is more stringent. C. Fire -Safety Program: Show compliance with requirements of NFPA 241 and authorities having jurisdiction. Indicate Contractor personnel responsible for management of fire prevention program. 1.4 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. TEMPORARY FACILITIES AND CONTROLS 015000 - 1 Chapman Harvey Architects, Inc. Oct-2413 2013 Unauthorized duplication prohibited. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. C. Accessible Temporary Egress: Comply with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines. 1.5 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. PART 2 - PRODUCTS 2.1 MATERIALS A. Chain -Link Fencing: Minimum 2-inch, 0.148-inch- thick, galvanized -steel, chain -link fabric fencing; minimum 6 feet high with galvanized -steel pipe posts; minimum 2-3/8-inch- OD line posts and 2-7/8-inch- OD corner and pull posts, with 1-5/8-inch- OD top rails. 2.2 TEMPORARY FACILITIES A. Storage and Fabrication Areas: Provide secure area sized, furnished, and equipped to accommodate materials and equipment for construction operations, as approved by Owner. If not approved, maintain these areas in an acceptable off -site location. 2.3 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work and Owner's ongoing use of the facility. Relocate and modify facilities as required by Owner and progress of the Work. 1. Locate facilities to limit disturbance as specified in Section 011000 "Summary." B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. TEMPORARY FACILITIES AND CONTROLS 015000 - 2 + Chapman Harvey Architects, Inc. Oct-2013 E. 2013 Unauthorized duplication prohibited. 3.2 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. Maintain support facilities until Architect schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. B. Traffic Controls: Comply with requirements of authorities having jurisdiction. 1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire -fighting equipment and access to fire hydrants. 3. Coordinate with Owners ongoing use of the site. C. Parking: Coordinate with Owner an acceptable location of parking areas for construction personnel. D. Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project site, excavations, and construction free of water. 1. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining properties or endanger pennanent Work or temporary facilities. 2. Remove snow and ice as required to minimize accumulations. E. Project Signs: Provide Project signs in locations as approved by the Owner. Unauthorized signs are not permitted. 1. Identification Signs: Provide Project identification signs as approved by Owner. 2. Temporary Signs: Provide other signs as required to alert public to dangerous areas and to inform public and individuals seeking entrance to Project, in locations approved by Owner. a. Provide temporary, directional signs for construction personnel and visitors. 3. Maintain and touchup signs so they are legible at all times. F. Waste Disposal Facilities: Provide waste -collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with progress cleaning requirements in Section 017300 "Execution." G. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities. 3.3 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing facilities. TEMPORARY FACILITIES AND CONTROLS 015000 - 3 I Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. 1 Oct-2013 t B. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. C. Temporary Erosion and Sedimentation Control: Comply with requirements of 2003 EPA Construction General Permit or authorities having jurisdiction, whichever is more stringent and requirements specified in Section 311000 "Site Clearing." D. Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains. E. Pest Control: Engage pest -control service to recommend practices to minimize attraction and harboring of rodents, roaches, and other pests and to perform extermination and control procedures at regular intervals so Project will be free of pests and their residues at Substantial Completion. Perform control operations lawfully, using environmentally safe materials. �_ s F. Site Enclosure Fence: Before construction operations begin, fiunish and install site enclosure fence in a manner that will prevent people and animals from easily entering site except by entrance gates. 1. Extent of Fence: As required to enclose a portion determined sufficient to accommodate construction operations. 2. Maintain security by limiting number of keys and restricting distribution to authorized personnel. Furnish one set of keys to Owner. G. Security Enclosure: Install temporary enclosure around partially completed areas of construction. H. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. I. Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction. 1 J. Temporary Enclosures: Provide temporary enclosures for protection of construction, in 3_ progress and completed, from exposure, foul weather, other construction operations, and similar activities. K. Temporary Partitions: Provide floor -to -ceiling dustproof partitions to limit dust and dirt i migration and to separate areas occupied by Owner. 1. Construct dustproof partitions with two layers of 6-mil polyethylene sheet on each side. Cover floor with two layers of 6-mil polyethylene sheet, extending sheets 18 inches up the sidewalls. Overlap and tape full length of joints. Cover floor with fire -retardant - treated plywood. 2. Seal joints and perimeter. Equip partitions with gasketed dustproof doors and security locks where openings are required. 3. Protect air -handling equipment. 4. Provide walk -off mats at each entrance through temporary partition. i TEMPORARY FACILITIES AND CONTROLS 015000 - 4 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. L. Temporary Fire Protection: Install and maintain temporary fire -protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241; manage fire prevention program. 1. Prohibit smoking in construction areas. 2. Supervise welding operations, combustion -type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction. 3. Develop and supervise an overall fire -prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information. 3.4 MOISTURE AND MOLD CONTROL A. Contractor's Moisture Protection Plan: Avoid trapping water in finished work. Document visible signs of mold that may appear during construction. B. Exposed Construction Phase: Before installation of weather barriers, when materials are subject to wetting and exposure and to airborne mold spores, protect materials from water damage and keep porous and organic materials from coming into prolonged contact with concrete. C. Partially Enclosed Construction Phase: After installation of weather barriers but before full enclosure and conditioning of building, when installed materials are still subject to infiltration of moisture and ambient mold spores, protect as follows: 1. Do not load or install drywall or other porous materials or components, or items with high organic content, into partially enclosed building. 2. Keep interior spaces reasonably clean and protected from water damage. 3. Discard or replace water -damaged and wet material. 4. Discard, replace, or clean stored or installed material that begins to grow mold. 5. Perform work in a sequence that allows any wet materials adequate time to dry before enclosing the material in drywall or other interior finishes. D. Controlled Construction Phase of Construction: After completing and sealing of the building enclosure but prior to the full operation of permanent HVAC systems, maintain as follows: 1. Control moisture and humidity inside building by maintaining effective dry -in conditions. 2. Remove materials that can not be completely restored to their manufactured moisture level within 48 hours. 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. TEMPORARY FACILITIES AND CONTROLS 015000 - 5 e Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 C. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, when required by Owner or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Temporary materials that contribute to temporary facilities are property of Contractor, Existing facilities used by the Contractor as the area for Temporary facilities remains property of the Owner. Owner reserves right to take possession of Project identification signs. 2. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 017700 "Closeout Procedures." END OF SECTION 015000 TEMPORARY FACILITIES AND CONTROLS 015000 - 6 I� Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 016000 -PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products. B. Related Requirements: 1. Section 012500 "Substitution Procedures" for requests for substitutions. A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment;' "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Basis -of -Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis -of -design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other xcharacteristics for purposes of evaluating comparable products of additional manufacturers named in the specification. 1.3 ACTION SUBMITTALS A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable PRODUCT REQUIREMENTS 016000 - 1 _f Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Form of Approval: As specified in Section 013300 "Submittal Procedures." b. Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated. B. Basis -of -Design Product Specification Submittal: Comply with requirements in Section 013300 "Submittal Procedures." Show compliance with requirements. 1.4 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. 1.5 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected. C. Storage: 1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in 4 weathertight enclosure above ground, with ventilation adequate to prevent condensation. 4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather -protection requirements for storage. 6. Protect stored products from damage and liquids from freezing. PRODUCT REQUIREMENTS 016000 - 2 J Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 1.6 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner. B. Submittal Time: Comply with requirements in Section 017700 "Closeout Procedures." PART 2 - PRODUCTS 2.1 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that match the characteristics of the existing materials previously used on this project. 3. Where products are accompanied by the term "as selected," Architect will make selection. 4. Every effort shall be made to match the aesthetic appearance of new construction materials to existing construction. B. Product Selection Procedures: 1. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 2. Manufacturer/Source: Where Specifications naine a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 3. Products: a. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with _ requirements. Comparable products or substitutions for Contractor's convenience will not be considered. b. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed PRODUCT REQUIREMENTS 016000 - 3 f' r Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. 2.2 Oct-2013 s product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product. 4. Manufacturers: a. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. b. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product. 5. Basis -of -Design Product: Where Specifications name a product, or refer to a product _a indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers. C. Visual Matching Specification: Where Specifications require "match Architect's sample", provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches. 1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Section 012500 "Substitution Procedures" for proposal of product. D. Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. COMPARABLE PRODUCTS A. Conditions for Consideration: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with these requirements: 3 1. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. Evidence that proposed product provides specified warranty. PRODUCT REQUIREMENTS 1 016000 - 4 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 4. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested. 5. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION 016000 PRODUCT REQUIREMENTS 016000 - 5 i, 1 r--- --~- F--` IZ--_ CID Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 017300 - EXECUTION PART 1 - GENERAL 1.1 SUMMARY Oct-2013 A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. Installation of the Work. 4. Cutting and patching. 5. Coordination of Owner -installed products. 6. Progress cleaning. 7. Starting and adjusting. 8. Protection of installed construction. 9. Correction of the Work. B. Related Requirements: 1. Section 011000 "Summary" for limits on use of Project site. 2. Section 017700 "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner -accepted deviations from indicated lines and levels, and final cleaning. 1.2 QUALITY ASSURANCE A. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. 1. Structural Elements: When cutting and patching structural elements, notify Architect of locations and details of cutting and await directions from Architect before proceeding. Shore, brace, and support structural element during cutting and patching. Do not cut and patch structural elements in a manner that could change their load -carrying capacity or increase deflection 2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. 4. EXECUTION Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load -carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner 017300 - 1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. B. In -Place Materials: Use materials for patching identical to in -place materials. For exposed surfaces, use materials that visually match in -place adjacent surfaces to the fullest extent possible. l . If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Architect for the visual and functional performance of in -place materials. Consult with Architect prior to installing such materials. EXECUTION 2.2 EXAMINATION A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of utilities, and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water -service piping; underground electrical services, and other utilities. 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Examine roughing -in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 2. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. 3. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. C. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. EXECUTION 017300 - 2 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2.3 PREPARATION A. Existing Utility Information: Furnish information to Owner that is necessary to adjust, move, or relocate existing utility structures, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of Contractor, submit a request for information to Architect according to requirements in Section 013100 "Project Management and Coordination." 2.4 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings. If discrepancies are discovered, notify Architect promptly. B. General: 1. Establish benchmarks and control points to set lines and levels as needed to locate each element of Project. 2. Establish limits on use of Project site. 3. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 4. Inform installers of lines and levels to which they must comply. 5. Check the location, level and plumb, of every major element as the Work progresses. 6. Notify Architect when deviations from required lines and levels exceed allowable tolerances. C. Building Lines and Levels: Locate and lay out control lines and levels for structures, building foundations, column grids, and floor levels, including those required for mechanical and electrical work. Transfer survey markings and elevations for use with control lines and levels. Level foundations and piers from two or more locations. 2.5 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. EXECUTION 7 - U ON Ol 300 3 1' I Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. I. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces. 2.7 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F. 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom -clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Do not bury or burn waste materials on -site. Do not wash waste materials down sewers or into waterways. H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. EXECUTION 017300 - 6 r; rg Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2.8 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. B. Adjust equipment for proper operation. Adjust operating components for proper operation without binding. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: Comply with qualification requirements in Section 014000 "Quality Requirements" 2.9 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. END OF SECTION 017300 EXECUTION 017300 - 7 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 017700 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. 5. Repair of the Work. B. Related Requirements: 1. Section 017823 "Operation and Maintenance Data" for operation and maintenance manual requirements. 2. Section 017839 "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. 1.2 ACTION SUBMITTALS A. Product Data: For cleaning agents. B. Contractor's List of Incomplete Items "Punchlist": Initial submittal at Substantial Completion. C. Certified List of Incomplete Items: Final submittal at Final Completion. 1.3 CLOSEOUT SUBMITTALS A. Certificates of Release: From authorities having jurisdiction. B. Certificate of Insurance: For continuing coverage. C. Field Report: For pest control inspection. 1.4 MAINTENANCE MATERIAL SUBMITTALS A. Schedule of Maintenance Material Items: For maintenance material submittal items specified in other Sections. CLOSEOUT PROCEDURES 017700 - 1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. 1.5 SUBSTANTIAL COMPLETION PROCEDURES Oct-2013 A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete. B. Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 2. Submit closeout submittals specified in other Division 01 Sections, including project record documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information. 3. Submit closeout submittals specified in individual Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Submit maintenance material submittals specified in individual Sections, including tools, spare parts, extra materials, and similar items, and deliver to location designated by Architect. Label with manufacturer's name and model number where applicable. 5. Submit testladjust/balance records. 6. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. C. Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Advise Owner of pending insurance changeover requirements. 2. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 3. Complete startup and testing of systems and equipment. 4. Perform preventive maintenance on equipment used prior to Substantial Completion. 5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. Submit demonstration and training video recordings specified in Section 017900 "Demonstration and Training." 6. Advise Owner of changeover in heat and other utilities. 7. Participate with Owner in conducting inspection and walkthrough with local emergency responders. 8. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 9. Complete final cleaning requirements, including touchup painting. 10. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. D. Inspection: Submit a written request for inspection to determine Substantial Completion a minimum of 10 days prior to date the work will be completed and ready for final inspection and CLOSEOUT PROCEDURES 017700 - 2 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. tests. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for final completion. 1.6 FINAL COMPLETION PROCEDURES A. Preliminary Procedures: Before requesting final inspection for determining final completion, complete the following: 1. Submit a final Application for Payment according to Section 012900 "Payment Procedures." 2. Certified List of Incomplete Items: Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Submit pest -control final inspection report and warranty. 5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection to determine acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.7 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. t . 1. Organize list of spaces in sequential order,. 2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. 3. Submit list of incomplete items in the following format: a. Three paper copies unless otherwise indicated. Architect will return two copies. 7 CLOSEOUT PROCEDURES 017700 - 3 I Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. 1.8 SUBMITTAL OF PROJECT WARRANTIES Oct-2013 A. Time of Submittal: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated, or when delay in submittal of warranties might limit Owner's rights under warranty. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. Bind warranties and bonds in heavy-duty, three-ring, vinyl -covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by- 11 -inch paper. 2. Provide heavy paper dividers with plastic -covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. PART 2 - PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Perform final cleaning. Conduct cleaning and waste -removal operations to comply Ul with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a designated portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape areas, of rubbish, waste material, litter, and other foreign substances. { b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. 'i i CLOSEOUT PROCEDURES 017700 - 4 �1 1� �_ s Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. C. Rake grounds that are neither planted nor paved to a smooth, even -textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Clean exposed exterior and interior hard -surfaced finishes to a dirt -free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. f. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches and similar spaces. g. Sweep concrete floors broom clean in unoccupied spaces. h. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable, vision -obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass, taking care not to scratch surfaces. i. Remove labels that are not permanent. j. Wipe surfaces of mechanical and electrical equipment and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. k. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from water exposure. 1. Replace disposable air filters and clean permanent air filters. Clean exposed surfaces of diffusers, registers, and grills. in. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. n. Leave Project clean and ready for occupancy. 3.2 REPAIR OF THE WORK A. Complete repair and restoration operations before requesting inspection for determination of Substantial Completion. B. Repair or remove and replace defective construction. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. Where damaged or worn items cannot be repaired or restored, provide replacements. Remove and replace operating components that cannot be repaired. Restore damaged construction and permanent facilities used during construction to specified condition. 1. Remove and replace chipped, scratched, and broken glass, reflective surfaces, and other damaged transparent materials. 2. Touch up and otherwise repair and restore marred or exposed finishes and surfaces. Replace finishes and surfaces that that already show evidence of repair or restoration. a. Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. Remove paint applied to required labels and identification. 3. Replace parts subject to operating conditions during construction that may impede operation or reduce longevity. CLOSEOUT PROCEDURES 017700 - 5 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. C. Title Page: Include the following information: Oct-2013 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name and contact information for Contractor. b. Name and contact information for Construction Manager. 7. Name and contact information for Architect. 8. Name and contact information for Commissioning Authority. 9. Names and contact information for major consultants to the Architect that designed the systems contained in the manuals. 10. Cross-reference to related systems in other operation and maintenance manuals. D. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. E. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder. F. Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and Iabeled volumes. Binders: Heavy-duty, three-ring, vinyl -covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, subject matter of contents. Indicate volume number for multiple -volume sets. 2. Dividers: Heavy -paper dividers with plastic -covered tabs for each section of the manual. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual. 3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software storage media for computerized electronic equipment. 4. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. b. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. OPERATION AND MAINTENANCE DATA 017823 - 2 L!, Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. 2.2 OPERATION MANUALS Oct-2013 A. Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and the following information: 1. System, subsystem, and equipment descriptions. Use designations for systems and equipment indicated on Contract Documents. 2. Performance and design criteria if Contractor is delegated design responsibility. 3. Operating standards. 4. Operating procedures. 5. Operating logs. 6. Wiring diagrams. 7. Control diagrams. 8. Piped system diagrams. 9. Precautions against improper use. 10. License requirements including inspection and renewal dates. B. Descriptions: Include the following: 1. Product naive and model number. Use designations for products indicated on Contract Documents. 2. Manufacturer's name. 3. Equipment identification with serial number of each component. 4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. 9. Complete nomenclature and number of replacement parts. C. Operating Procedures: Include the following, as applicable: 1. Startup procedures. 2. Equipment or system break-in procedures. 3. Routine and normal operating instructions. 4. Regulation and control procedures. 5. Instructions on stopping. 6. Normal shutdown instructions. 7. Seasonal and weekend operating instructions. 8. Required sequences for electric or electronic systems. 9. Special operating instructions and procedures. D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed. E. Piped Systems: Diagram piping as installed, and identify color -coding where required for identification. f_ i_ l ' OPERATION AND MAINTENANCE DATA 017823 - 3 4 I Chapman Harvey Architects, Inc. Oct-2013 20I3 Unauthorized duplication prohibited. 2.3 PRODUCT MAINTENANCE MANUALS A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual. C. Product Information: Include the following, as applicable: 1. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and the following: 1. Inspection procedures. 2. Types of cleaning agents to be used and methods of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product. 4. Schedule for routine cleaning and maintenance. 5. Repair instructions. Er E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 2.4 SYSTEMS AND EQUIPMENT MAINTENANCE MANUALS A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment included in manual, 1 identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual t C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including the following information for each component part or piece of equipment: l 1. Standard maintenance instructions and bulletins. _ OPERATION AND MAINTENANCE DATA 017823 - 4 '' Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2. Drawings, diagrams, and instructions required for maintenance, including disassembly and component removal, replacement, and assembly. 3. Identification and nomenclature of parts and components. 4. List of items recommended to be stocked as spare parts. D. Maintenance Procedures: Include the following information and items that detail essential maintenance procedures: 1. Test and inspection instructions. 2. Troubleshooting guide. 3. Precautions against improper maintenance. 4. Disassembly; component removal, repair, and replacement; and reassembly instructions. 5. Aligning, adjusting, and checking instructions. 6. Demonstration and training video recording, if available. E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services. G. Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent. H. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. PART 3-EXECUTION 3.1 MANUAL PREPARATION A. Emergency Manual: Assemble a complete set of emergency information indicating procedures for use by emergency personnel and by Owner's operating personnel for types of emergencies indicated. B. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. C. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. D. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a I; OPERATION AND MAINTENANCE DATA 017823 - 5 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. E. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in record Drawings to ensure correct illustration of completed installation. 1. Do not use original project record documents as part of operation and maintenance manuals. F. Comply with Section 017700 "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION 017823 OPERATION AND MAINTENANCE DATA 017823 - 6 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 017839 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for project record documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. B. Related Requirements: 1. Section 017823 "Operation and Maintenance Data" for operation and maintenance manual requirements. 1.2 CLOSEOUT SUBMITTALS A. Record Drawings: Comply with the following: 1. Number of Copies: Submit one set of marked -up record prints. B. Record Specifications: Submit one paper copy of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit one paper copy of each submittal. PART 2-PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: Maintain one set of marked -up paper copies of the Contract Drawings and Shop Drawings, incorporating new and revised Drawings as modifications are issued. 1. Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked -up record prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Record data as soon as possible after obtaining it. C. Record and check the markup before enclosing concealed installations. 11 PROJECT RECORD DOCUMENTS 017839 -1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 1_31 2. Mark the Contract Drawings and Shop Drawings completely and accurately. Use personnel proficient at recording graphic information in production of marked -up record prints. 3. Mark record sets with erasable, red -colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 4. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. 5. Incorporate changes and additional information previously marked on record prints. Delete, redraw, and add details and notations where applicable. 6. Refer instances of uncertainty to Architect for resolution. 7. Architect will furnish Contractor one set of digital data files of the Contract Drawings for use in recording information. B. Format: Identify and date each record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. Record Prints: Organize record prints and newly prepared record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. 2. Identification: As follows: a. Project name. b. Date. C. Designation "PROJECT RECORD DRAWINGS." d. Name of Architect. e. Name of Contractor. A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Note related Change Orders and record Drawings where applicable. 2.3 RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders and record Drawings where applicable. PROJECT RECORD DOCUMENTS 017839 - 2 Elf : U Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 2.4 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one copy of each submittal during the construction period for project record document purposes. Post changes and revisions to project record documents as they occur; do not wait until end of Project. B. Maintenance of Record Documents and Samples: Store record documents and Samples apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Architect's reference. END OF SECTION 017839 PROJECT RECORD DOCUMENTS 017839 - 3 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 033536 POLISHED CONCRETE FLOOR FINISHING GENERAL 1.1 SUMMARY A. Section Includes: Products and procedures for finishing, and polishing existing cast -in -place concrete floors. 1.2 SUBMITTALS A. Product Data: Manufacturer's technical literature for each product indicated, specified, or re- quired. Include manufacturer's technical data, application instructions, and recommendations. B. Maintenance Data: For inclusion in operation and maintenance manual required by Division 01. Include manufacturer's instructions for maintenance of installed work, including methods and frequency recommended for maintaining optimum condition under anticipated use. Include precautions against cleaning products and methods which may be detrimental to polished fin- ishes and performance. 1.3 QUALITY ASSURANCE A. Concrete Producer Qualifications: Finn experienced in manufacturing ready -mixed concrete products and that complies with following requirements for production facilities and equipment: 1. ASTM C 94. 2. NRMCA's Certification of Ready Mixed Concrete Production Facilities. B. Polisher Qualifications: 1. Experience: Company with not less than 5 years experience in performing specified work similar in design, products, and extent to scope of this Project; with a record of successful in-service performance; and with sufficient production capability, facilities, and person- nel to produce required Work. 2. Supervision: Maintain competent supervisor who is at Project during times specified Work is in progress, and, who is experienced in installing systems similar to type and scope required for Project. 3. Trade Association: Member in good standing of IPCI. C. Static Coefficient of Friction: Products and polishing operations shall achieve following as de- termined by quality control testing according to NFSI 101-A: 1. Level Floor Surfaces: Minimum 0.6. 2. Sloping Floor Surfaces: Minimum 0.8. D. Field Mock-up for Aesthetic Purposes: Before performing work of this Section, provide field mock-up to demonstrate aesthetic effects of polished finish. Approval does not constitute ap- I_ POLISHED CONCRETE FLOOR FINISHING 033536 - 1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Sep-2013 proval of deviations from Contract Documents, unless such deviations are specifically approved by Architect in writing. l . Polish 5 ft square floor area for each polished finish type. 2. Use same personnel, including supervisors, which will perform work. 3. Install products and materials according to specified requirements. 4. Work shall be representative of those to be expected for work. 5. Show maximum variation that will exist in work. 6. Approval is for following aesthetic qualities: a. Uniformity of color and aggregate. b. Uniformity of sheen. 7. Obtain Architect's approval before starting work on Project. 8. Protect approved field mock-ups from elements with weather resistant covering. 9. Maintain field mock-ups during construction in an undisturbed condition as a standard for judging completed Work. E. Pre -Installation Conference: Prior to polished concrete floor finishing, conduct conference at Project to comply with requirements of applicable Division 01 Sections. 1. Required Attendees: a. Owner. b. Architect. C. Contractor. d. Polisher, including supervisor. Fiji, e. Concrete finisher, including supervisor. 2. Minimum Agenda: Polisher shall demonstrate understanding of work required by re- viewing and discussing procedures for, but not limited to, following: a. View mock-up and representative areas of required work, discuss and evaluate for compliance with Contract Documents, including substrate conditions, surface preparations, sequence of installation and other preparatory Work performed by other installers. b. Review Contract Document requirements. C. Review approved submittals. d. Review installation procedures, including, but not limited to: 1) Evaluation and preparation for polished finish. 2) Application of polishing products. 3) Grinding and polishing operations. 3. Reports: Record discussions, including decisions and agreements reached, and furnish copy of record to each party attending. i 1.4 PROJECT CONDITIONS A. Damage and Stain Prevention: Take precautions to prevent damage and staining of concrete surfaces to be polished. POLISHED CONCRETE FLOOR FINISHING 033536 - 2 �l Chapman Harvey Architects, Inc. Sep-2013 2013 Unauthorized duplication prohibited. Protect concrete surfaces to be polished from following: a. Petroleum, oil, hydraulic fluid, or other liquid dripping from equipment. b. Acids and acidic detergents. C. Painting activities. B. Environmental Limitations: Comply with manufacturer's written instructions for substrate tem- perature, ambient temperature, moisture, ventilation, and other conditions affecting polishing operations. PART2-PRODUCTS 2.1 MANUFACTURER AND PRODUCTS A. Available Manufacturers and Products: Subject to compliance with requirements of Contract Documents, manufacturers offering products that may be incorporated into Work include, but are not limited to, those listed alphabetically below. B. Basis of Design: Contract Documents are based on products by American Concrete Technolo- gies, Inc. (2242 Forest Park Blvd., Fort Worth, Texas 76110, 817-927-1980, fax 817-926-5024, www.diamondpolish.com) to establish a standard of quality. Other available products having equivalent characteristics may be considered, provided deviations are minor and does not change concept expressed in Contract Documents as judged by Architect. 2.2 CURING MATERIALS A. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz. per sq. yd. 2.3 APPLIED PRODUCTS Liquid Densifier: 1. Description: Odorless, non -hazardous, potassium silicate that penetrates concrete to react with free lime and calcium hydroxoide to produce permanent chemical reaction that hardens, densifies and tightens concrete surface. 2. Basis of Design: American Concrete Technologies, Inc.; Everhard©. Patching Compound: 1. Description: Compound composed of 40 percent portland cement, 45 percent limestone, and 15 percent vinyl acetate copolymer, when mixed with dust salvaged from grinding process forms a paste that hardens when surface imperfections are filled. 2. Basis of Design: American Concrete Technologies, Inc.; DurafilTM. Grout Material: Description: Clear modified silicate sealant, containing no pore clogging latex, when mixed with dust salvaged from grinding process forms a paste that reacts with calcium hydroxide in concrete that hardens when surface imperfections are filled. I POLISHED CONCRETE FLOOR FINISHING 033536 - 3 Chapman Harvey Architects, Inc. Sep-2013 2013 Unauthorized duplication prohibited. t_ 2. Basis of Design: American Concrete Technologies, Inc.; Filzit"m Surfacing System. Polish Guard: I" 1. Description: Non -film forming, stain resistant, food resistant, chemical stain resistant, impregnating sealant designed to be used on concrete surfaces previously densified. 2. Basis of Design: American Concrete Technologies, Inc.; Resistall@. POLISHING EQUIPMENT A. Field Grinding and Polishing Equipment: 1. Variable speed, 3 or 4 head counter -rotating, walk -behind machine with not less than 600 lbs of down pressure on grinding or polishing pads. 2. Dust extraction equipment with flow rate suitable for dust generated, with pre -separator and squeegee attachments. B. Edge Grinding and Polishing Equipment: Hand-held or single head walk -behind machines which produces same results, without noticeable differences, as field grinding and polishing equipment. C. Burnishing Equipment: Single head high speed walk -behind machines. D. Grinding Pads: Metal bonded pads with embedded industrial grade diamonds of varying grits fabricated for mounting on equipment. E. Polishing Pads: Resin bonded pads with embedded industrial grade diamonds of varying grits fabricated for mounting on equipment. F. Burnishing Pads: Maintenance pads coated with embedded industrial grade diamonds for use with burnishing equipment. PART 3 - EXECUTION 3.1 ACCEPTABLE POLISHERS A. Basis of Design: Contract Documents are based on polishing operations by American Concrete Technologies, Inc. (2242 Forest Park Blvd., Fort Worth, Texas 76110, 817-927-1980, fax 817- _ 926-5024, www.diamondpolish.com) to establish a standard of quality. Other polishers with products and polishing capabilities having equivalent characteristics may be considered, provid- ed deviations are minor and does not change concept expressed in Contract Documents as judged by Architect. 3.2 EXAMINATION A. Acceptance of Surfaces and Conditions: Examine substrates to be polished for compliance with requirements and other conditions affecting performance. Proceed only when unsatisfactory conditions have been corrected in a manner complying with Contract Documents. Starting Work within a particular area will be construed as acceptance of surface conditions. U POLISHED CONCRETE FLOOR FINISHING 033536 - 4 (i Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. 3.3 PREPARATION Sep-2013 A. Cleaning Concrete Surfaces: Prepare and clean concrete surfaces. Provide sound concrete sur- faces free of laitance, glaze, efflorescence, curing compounds, form -release agents, dust, dirt, grease, oil, paint splatter, and other contaminants incompatible with polished concrete floor fin- ish. 3.4 CONCRETE POLISHING A. Initial Grinding: 1. Use grinding equipment and low grit grinding pads. 2. Grind concrete to specified aggregate exposure imparting uniform scratch pattern in con- crete. 3. Vacuum floor using squeegee vacuum attachment. B. Level of Grinding: 1. Description: Fine aggregate intentionally exposed to create a salt and pepper appearance matching approved mock-up. 2. Basis of Design: American Concrete Technologies, Inc.; Luxcrete. C. Treating Surface Imperfections: 1. Mix patching compound and grout material with dust created by grinding operations to match color of adjacent concrete surface. 2. Fill surface imperfections including, but not limited to, holes, surface damage, small and micro cracks, air holes, pop -outs, and voids. 3. Work compound and treatment until color differences between concrete surface and filled surface imperfections are not noticeable. D. Applying Liquid Densifier: Apply undiluted to point of rejection, remove excess liquid, and al- low to cure. E. Grout Grinding: 1. Use grinding equipment and appropriate grit grinding pads. 2. While applying fresh grout material prior to, grind concrete in direction perpendicular to initial grinding to remove scratches. 3. Vacuum floor using squeegee vacuum attachment. F. Additional Grinding: 1. Use grinding equipment and increasing finer grit grinding pads. 2. Grind concrete in as many passes necessary with each pass perpendicular to previous pass to remove scratches. 3. Vacuum floor using squeegee vacuum attachment. G. Polishing: 1. Use polishing equipment and increasing finer grit polishing pads. 1 POLISHED CONCRETE FLOOR FINISHING 033536 - 5 i Chapman Harvey Architects, Inc. Sep-2013 2013 Unauthorized duplication prohibited. r_ 2. Polish concrete in as many passes necessary with each pass perpendicular to previous pass to remove scratches. 3. Vacuum floor using squeegee vacuum attachment. H. Applying Polish Guard: Uniformly apply and remove excessive liquid. F, I. Applying Final Polish: Using burnishing equipment and finest grit burnishing pads, burnish to uniform sheen matching approved mock-up. " J. Final Polished Sheen: Uniform gloss sheen using 3000 grit polishing heads. 3.5 FIELD QUALITY CONTROL A. Static Coefficient of Friction Testing: Retain Walkway Auditor to test polished finishes accord- ing to NFSI 101-A to confirm compliance with specified static coefficient of friction. 3.6 PROTECTION A. Covering: Protect polished finish work from subsequent construction with protective covering. END OF SECTION t POLISHED CONCRETE FLOOR FINISHING 033536 - 6 i_ Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 042113 - BRICK MASONRY PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Face brick. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: For each type and color of brick and colored mortar. 1.3 INFORMATIONAL SUBMITTALS A. Material Certificates: For each type and size of product indicated. Oct-2013 1.4 QUALITY ASSURANCE A. Masonry Standard: Comply with ACI 530.1/ASCE 6/TMS 602 unless modified by requirements in the Contract Documents. 1.5 PROJECT CONDITIONS A. Cold -Weather Requirements: Do not use frozen materials or materials mixed or coated with ice or frost. Do not build on frozen substrates. Remove and replace unit masonry damaged by frost or by freezing conditions. Comply with cold -weather construction requirements contained in ACI 530.1/ASCE 6/TMS 602. 1. Cold -Weather Cleaning: Use liquid cleaning methods only when air temperature is 40 deg F and higher and will remain so until masonry has dried, but not less than seven days after completing cleaning. B. Hot -Weather Requirements: Comply with hot -weather construction requirements contained in ACI 530.1/ASCE 6/TMS 602. BRICK MASONRY 042113 - 1 i Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. PART 2 - PRODUCTS Oct-2013 ri 2.1 MASONRY UNITS, GENERAL A. Defective Units: Referenced masonry unit standards may allow a certain percentage of units to contain chips, cracks, or other defects exceeding limits stated in the standard. Do not use units where such defects will be exposed in the completed Work. 2.2 BRICK A. General: Provide shapes indicated and as follows. 1. For ends of sills and caps and for similar applications that would otherwise expose unfinished brick surfaces, provide units without cores or frogs and with exposed surfaces finished. 2. Provide special shapes for applications where shapes produced by sawing would result in sawed surfaces being exposed to view. B. Face Brick: Facing brick complying with ASTM C 216. 1. Product, Grade and Type - match existing. 2. Efflorescence: Provide brick that has been tested according to ASTM C 67 and is rated "not effloresced." 3. Surface Coating: Brick with colors or textures produced by application of coatings shall withstand 50 cycles of freezing and thawing per ASTM C 67 with no observable difference in the applied finish when viewed from 10 feet. 4. Size (Actual Dimensions): Match existing. 2.3 MORTAR MATERIALS A. Masonry Cement: ASTM C 91. B. Mortar Pigments: Use only if needed to match existing. Natural and synthetic iron oxides and chromium oxides, compounded for use in mortar mixes and complying with ASTM C 979. Use only pigments with a record of satisfactory performance in masonry mortar. 1. Products: Subject to compliance with requirements, provide one of the following: a. Davis Colors; True Tone Mortar Colors. C. Aggregate for Mortar: ASTM C 144. 1. White -Mortar Aggregates: Natural white sand or crushed white stone. 2. Colored -Mortar Aggregates: Natural sand or crushed stone of color necessary to produce required mortar color. V80"f�SI91` Ulf 042113 - 2 tj i i Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2.4 REINFORCEMENT A. Masonry Joint Reinforcement, General: ASTM A 951/A 951M. 2.5 TIES AND ANCHORS A. Materials: Provide ties and anchors specified in this article that are made from materials that comply with the following unless otherwise indicated: 1. Hot -Dip Galvanized, Carbon -Steel Wire: ASTM A 82/A 82M; with ASTM A 153/A 153M, Class B-2 coating. B. Wire Ties, General: Unless otherwise indicated, size wire ties to extend at least halfway through veneer but with at least 5/8-inch cover on outside face. Outer ends of wires are bent 90 degrees and extend 2 inches parallel to face of veneer. C. Adjustable Masonry -Veneer Anchors: 1. General: Provide anchors that allow vertical adjustment but resist tension and compression forces perpendicular to plane of wall, for attachment over sheathing to wood or metal studs, and as follows: 2. Contractor's Option: Unless otherwise indicated, provide any of the following types of anchors: 3. Screw -Attached, Masonry -Veneer Anchors: Units consisting of a wire tie and a metal anchor section. 2.6 MASONRY CLEANERS A. Proprietary Acidic Cleaner: Manufacturer's standard -strength cleaner designed for removing mortar/grout stains, efflorescence, and other new construction stains from new masonry without discoloring or damaging masonry surfaces. Use product expressly approved for intended use by cleaner manufacturer and manufacturer of masonry units being cleaned. 2.7 MORTAR MIXES A. General: Do not use admixtures, including pigments, air -entraining agents, accelerators, retarders, water-repellent agents, antifreeze compounds, or other admixtures unless otherwise indicated. 1. Do not use calcium chloride in mortar. 2. Use masonry cement mortar unless otherwise indicated. 3. Add cold -weather admixture (if used) at same rate for all mortar that will be exposed to view, regardless of weather conditions, to ensure that mortar color is consistent. B. Preblended, Dry Mortar Mix: Furnish dry mortar ingredients in form of a preblended mix. Measure quantities by weight to ensure accurate proportions, and thoroughly blend ingredients before delivering to Project site. BRICK MASONRY 042113 - 3 f Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. r C. Mortar for Unit Masonry: Comply with ASTM C 270, Proportion Specification. Provide Type N unless another type is indicated. D. Colored -Aggregate Mortar: Produce required mortar color by using colored aggregates and natural color or white cement as necessary to produce required mortar color. 1. Mix to match existing. 2. Application: Use colored aggregate mortar for exposed mortar joints. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Use full-size units without cutting if possible. If cutting is required to provide a continuous pattern or to fit adjoining construction, cut units with motor -driven saws; provide clean, sharp, unchipped edges. Allow units to dry before laying unless wetting of units is specified. Install cut units with cut surfaces and, where possible, cut edges concealed. B. Select and arrange units for exposed unit masonry to produce a uniform blend of colors and textures. 3.2 TOLERANCES A. Dimensions and Locations of Elements: 1. For dimensions in cross section or elevation do not vary by more than plus 1/2 inch or minus 1/4 inch. 2. For location of elements in plan do not vary from that indicated by more than plus or minus 1/2 inch. 3. For location of elements in elevation do not vary from that indicated by more than plus or minus 1/4 inch in a story height or 1/2 inch total. B. Lines and Levels: 1. For bed joints and to surfaces of bearing walls do not vary from level b more than 4 � p g ry y an 1/ inch in 10 feet, or 1/2 inch maximum. 2. For conspicuous horizontal lines, such as lintels, sills, parapets, and reveals, do not vary from level by more than 1/8 inch in 10 feet, 1/4 inch in 20 feet, or 1/2 inch maximum. j 3. For vertical lines and surfaces do not vary from plumb by more than 1/4 inch in 10 feet, 3/8 inch in 20 feet, or 1/2 inch maximum. 4. For conspicuous vertical lines, such as external corners, door jambs, reveals, and expansion and control joints, do not vary from plumb by more than 1/8 inch in 10 feet, 1/4 inch in 20 feet, or 1/2 inch maximum. t 5. For lines and surfaces do not vary from straight by more than 1/4 inch in 10 feet, 3/8 inch in 20 feet, or 1/2 inch maximum. C. Joints: �i BRICK MASONRY 042113 - 4 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. -- 1. For bed joints, do not vary from thickness indicated by more than plus or minus 1/8 inch, with a maximum thickness limited to 1/2 inch; do not vary from bed joint thickness of adjacent courses by more than 1/8 inch. 2. For exposed head joints, do not vary from thickness indicated by more than plus or minus 1/8 inch. Do not vary from adjacent bed joint and head joint thicknesses by more than 1/8 inch. 3.3 LAYING MASONRY WALLS A. Lay out walls in advance for accurate spacing of surface bond patterns with uniform joint thicknesses in order to blend with existing. B. Bond Pattern for Exposed Masonry: Match existing. 3.4 MORTAR BEDDING AND JOINTING A. Lay hollow brick as follows: l . With face shells fully bedded in mortar and with head joints of depth equal to bed joints. 2. With entire units, including areas under cells, fully bedded in mortar at starting course on footings. B. Lay solid masonry units with completely filled bed and head joints; butter ends with sufficient mortar to fill head joints and shove into place. Do not deeply furrow bed joints or slush head joints. C. Tool exposed joints to match existing. 3.5 FIELD QUALITY CONTROL A. Inspections: Level 1 special inspections according to the "International Building Code." 1. Begin masonry construction only after inspectors have verified proportions of site - prepared mortar. B. Mortar Aggregate Ratio Test (Proportion Specification): For each mix provided, according to ASTM C 780. 3.6 CLEANING A. In -Progress Cleaning: Clean unit masonry as work progresses by dry brushing to remove mortar fins and smears before tooling joints. B. Final Cleaning: After mortar is thoroughly set and cured, clean exposed masonry as follows: 1. Test cleaning methods on sample wall panel; leave one-half of panel uncleaned for comparison purposes 2. Protect adjacent surfaces from contact with cleaner. BRICK MASONRY 042113 - 5 Chapman Harvey Architects, Ina Oct-2013 2013 Unauthorized duplication prohibited. 3. Wet wall surfaces with water before applying cleaners; remove cleaners promptly by rinsing surfaces thoroughly with clear water. 4. Clean masonry with a proprietary acidic cleaner applied according to manufacturer's written instructions. 3.7 MASONRY WASTE DISPOSAL A. Waste Disposal as Fill Material: Dispose of clean masonry waste, including excess or soil - contaminated sand, waste mortar, and broken masonry units, by crushing and mixing with fill material as fill is placed. 1. Do not dispose of masonry waste as fill. B. Excess Masonry Waste: Remove excess clean masonry waste and legally dispose of off Owner's property. END OF SECTION 042113 BRICK MASONRY 042113 - 6 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 061053 - MISCELLANEOUS ROUGH CARPENTRY PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Wood blocking and nailers. 2. Wood furring and grounds. PART 2-PRODUCTS 2.1 WOOD PRODUCTS, GENERAL A. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency is indicated, provide lumber that complies with the applicable rules of any rules -writing agency certified by the ALSC Board of Review. Provide lumber graded by an agency certified by the ALSC Board of Review to inspect and grade lumber under the rules indicated. 1. Factory mark each piece of lumber with grade stamp of grading agency. 2. Provide dressed lumber, S4S, unless otherwise indicated. 2.2 WOOD -PRESERVATIVE -TREATED MATERIALS A. Kiln -dry lumber after treatment to a maximum moisture content of 19 percent. Do not use material that is warped or does not comply with requirements for untreated material. B. Application: Treat all miscellaneous carpentry unless otherwise indicated. 1. Wood cants, nailers, curbs, equipment support bases, blocking, stripping, and similar members in connection with roofing, flashing, vapor barriers, and waterproofing. 2. Wood sills, sleepers, blocking, and similar concealed members in contact with masonry or concrete. 3. Wood framing members that are less than 18 inches above the ground in crawl spaces or unexcavated areas. 2.3 DIMENSION LUMBER FRAMING A. Other Framing: Construction, Stud, or No. 3 grade and any of the following species: l . Hem -fir (north); NLGA. 2. Southern pine; SPIB. 3. Douglas fir -larch; WCLIB or WWPA. i ` MISCELLANEOUS ROUGH CARPENTRY 061053 1 0 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited._ 4. Spruce -pine -fir; NLGA. 5. Douglas fir -south; WWPA. 6. Hem -fir; WCLIB or WWPA. 7. Douglas fir -larch (north); NLGA. 8. Spruce -pine -fir (south); NeLMA, WCLIB, or WWPA. 2.4 MISCELLANEOUS LUMBER A. General: Provide miscellaneous lumber indicated and lumber for support or attachment of other construction, including the following: 1. Blocking. 2. Nailers. 3. Rooftop equipment bases and support curbs. 4. Grounds. B. For items of dimension lumber size, provide Standard, Stud, or No. 3 grade lumber of any species. C. For concealed boards, provide lumber with 15 percent maximum moisture content and any of the following species and grades: 1. Mixed southern pine, No. 3 grade; SPIB. 2. Eastern softwoods, No. 3 Common grade; NELMA. 3. Northern species, No. 3 Common grade; NLGA. 4. Western woods, Standard or No. 3 Common grade; WCLIB or WWPA. 2.5 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this article for material and manufacture. 1. Where carpentry is exposed to weather, in ground contact, pressure -preservative treated, or in area of high relative humidity, provide fasteners with hot -dip zinc coating complying with ASTM A 153/A 153M. B. Power -Driven Fasteners: NES NER-272. C. Screws for Fastening to Metal Framing: ASTM C 1002, length as recommended by screw manufacturer for material being fastened. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Set carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit carpentry to other construction; scribe and cope as needed for accurate fit. MISCELLANEOUS ROUGH CARPENTRY 061053 - 2 [l Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 B. Framing Standard: Comply with AF&PA's WCD 1, "Details for Conventional Wood Frame Construction," unless otherwise indicated. C. Do not splice structural members between supports unless otherwise indicated. D. Comply with AWPA M4 for applying field treatment to cut surfaces of preservative -treated lumber. E. Securely attach carpentry work to substrate by anchoring and fastening as indicated, complying with the following: 1. NES NER-272 for power -driven fasteners. 2. Table 2304.9.1, "Fastening Schedule," in ICC's International Building Code. END OF SECTION 061053 MISCELLANEOUS ROUGH CARPENTRY 061053 - 3 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 075423 - THERMOPLASTIC POLYOLEFIN (TPO) ROOFING 11 PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: l . Adhered thermoplastic polyolefin (TPO) roofing system. Oct-2013 1.2 DEFINITIONS A. Roofing Terminology: Definitions in ASTM D 1079 and glossary in NRCA's "The NRCA Roofing and Waterproofing Manual' apply to work of this Section. 1.3 PREINSTALLATION MEETINGS A. Preinstallation Roofing Conference: Conduct conference at Project site. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. B. Shop Drawings: For roofing system. Include plans, elevations, sections, details, and attachments to other work. C. Samples for Verification: For the following products: 1. Sheet roofing, of color required. 2. Walkway pads or rolls, of color required. 1.5 INFORMATIONAL SUBMITTALS A. Research/Evaluation Reports: For components of roofing system, from ICC-ES. B. Sample Warranties: For manufacturer's special warranties. 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: For roofing system to include in maintenance manuals. THERMOPLASTIC POLYOLEFIN (TPO) ROOFING 075423 -1 i Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 ri 1.7 QUALITY ASSURANCE A. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by roofing system manufacturer to install manufacturer's product and that is eligible to receive manufacturer's special warranty. 1.8 WARRANTY A. Special Warranty: Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within specified warranty period. 1. Warranty Period: 15 years from date of Substantial Completion. PART2-PRODUCTS 2.1 MANUFACTURERS A. Basis -of -Design Product: Subject to compliance with requirements, provide Carlisle SvnTec Incorporated; Sure -Weld FleeceBack or a comparable product. B. Source Limitations: Obtain components including fasteners for roofing system from manufacturer approved by membrane roofing manufacturer. 2.2 PERFORMANCE REQUIREMENTS A. Accelerated Weathering: Roofing system shall withstand 2000 hours of exposure when tested according to ASTM G 152, ASTM G 154, or ASTM G 155. B. Impact Resistance: Roofing system shall resist impact damage when tested according to ASTM D 3746 or ASTM D 4272. C. Roofing System Design: Tested by a qualified testing agency to resist the following uplift pressures: i 1. Corner Uplift Pressure: -53A lbf/sq. ft. 2. Perimeter Uplift Pressure: -35.5 lbf/sq. ft. 3. Field -of -Roof Uplift Pressure: -21.1 lbf/sq. ft. D. Solar Reflectance Index: Not less than 78 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency. ' E. Energy Star Listing: Roofing system shall be listed on the DOE's ENERGY STAR "Roof Products Qualified Product List" for low -slope roof products. F. Energy Performance: Roofing system shall have an initial solar reflectance of not less than 0.70 and an emissivity of not less than 0.75 when tested according to CRRC-1. THERMOPLASTIC POLYOLEFIN (TPO) ROOFING 075423 - 2 ` ' Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. G. Exterior Fire -Test Exposure: ASTM E 108 or UL 790, Class A; for application and roof slopes indicated; testing by a qualified testing agency. Identify products with appropriate markings of applicable testing agency. H. Fire -Resistance Ratings: Comply with fire -resistance -rated assembly designs indicated. Identify products with appropriate markings of applicable testing agency. 2.3 TPO ROOFING A. Fabric -Reinforced TPO Sheet: ASTM D 6878, internally fabric- or scrim -reinforced, uniform, flexible fabric -backed TPO sheet. 1. Thickness: 45 mils (1.5 mm), nominal. 2. Exposed Face Color: White. 2.4 AUXILIARY ROOFING MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with roofing. 1. Liquid -type auxiliary materials shall comply with VOC limits of authorities having jurisdiction. B. Sheet Flashing: Manufacturer's standard unreinforced TPO sheet flashing, 55 mils (1.4 mm) thick, minimum, of same color as TPO sheet. C. Bonding Adhesive: Manufacturer's standard. D. Fasteners: Factory -coated steel fasteners and metal or plastic plates complying with corrosion - resistance provisions in FM Global4470, designed for fastening roofing to substrate, and acceptable to roofing system manufacturer. E. Miscellaneous Accessories: Provide metal termination bars, metal battens, pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T joint covers, lap sealants, termination reglets, and other accessories. 2.5 SUBSTRATE BOARDS A. Substrate Board: ASTM C I I77/C 1177M, glass -mat, water-resistant gypsum substrate, 1/2 inch (13 mm) thick. 1. Basis -of -Design Product: Subject to compliance with requirements, provide USG Corporation ; Securock Glass Mat Roof Board. or a comparable product. B. Fasteners: Factory -coated steel fasteners and metal or plastic plates complying with corrosion - resistance provisions in FM Global 4470, designed for fastening substrate board to roof deck. t , THERMOPLASTIC POLYOLEFIN (TPO) ROOFING 075423 - 3 3 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. 2.6 WALKWAYS Oct-2013 r, A. Flexible Walkways: Factory -formed, nonporous, heavy-duty, slip -resisting, surface -textured walkway rolls, approximately 3/16 inch (5 mm) thick and acceptable to roofing system manufacturer. PART 3 - EXECUTION 3.1 ROOFING INSTALLATION, GENERAL A. Install roofing system according to roofing system manufacturer's written instructions. B. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system at the end of the workday or when rain is forecast. Remove and discard temporary seals before beginning work on adjoining roofing. C. Install roofing and auxiliary materials to tie in to existing roofing to maintain weathertightness of transition. D. Existing undamaged insulation shall not be disturbed, Any deteriorated or wet insulation that is discovered shall be carefully cut out and replaced with an equal match to the existing insulation type and thickness. 3.2 SUBSTRATE BOARD INSTALLATION A. Install substrate board with long joints in continuous straight lines, perpendicular to roof slopes with end joints staggered between rows. Tightly butt substrate boards together. Drill %" dia. hole each one hundred (100) square feet in the existing membrane, prior to installing cover board, or as recommended by roofing manufacturer. Fasten substrate board to top flanges of steel deck to resist uplift pressure at corners, perimeter, and field of roof. One fastener per two square feet with a fifty (50) % increase @ 12" x 12" corners or according to roofing system manufacturers' written instructions. 3.3 ADHERED ROOFING INSTALLATION A. Adhere roofing over area to receive roofing according to roofing system manufacturer's written instructions. Unroll roofing and allow to relax before retaining. B. Accurately align roofing, and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps. C. Bonding Adhesive: Apply to substrate and underside of roofing at beads of 6" oc., or as required by manufacturer, and allow to partially dry before installing roofing. Do not apply to splice area of roofing. D. In addition to adhering, mechanically fasten roofing securely at terminations, penetrations, and perimeter of roofing. THERMOPLASTIC POLYOLEFIN (TPO) ROOFING 075423 - 4 I Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. E. Seams: Clean seam areas, overlap roofing, and hot-air weld side and end laps of roofing and sheet flashings according to manufacturer's written instructions, to ensure a watertight seam installation. 1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of sheet. 2. Verify field strength of seams a minimum of twice daily, and repair seam sample areas. 3. Repair tears, voids, and lapped seams in roofing that do not comply with requirements. F. Spread sealant bed over deck -drain flange at roof drains, and securely seal roofing in place with clamping ring. 3.4 BASE FLASHING INSTALLATION A. Install sheet flashings and preformed flashing accessories, and adhere to substrates according to roofing system manufacturer's written instructions. B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate, and allow to partially dry. Do not apply to seam area of flashing. C. Flash penetrations and field -formed inside and outside corners with cured or uncured sheet flashing. D. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps to ensure a watertight seam installation. E. Terminate and seal top of sheet flashings. 3.5 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway products in locations indicated. Heat weld to substrate or adhere walkway products to substrate with compatible adhesive according to roofing system manufacturer's written instructions. 3.6 PROTECTING AND CLEANING A. Protect roofing system from damage and wear during remainder of construction period. When remaining construction does not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner. B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. END OF SECTION 075423 THERMOPLASTIC POLYOLEFIN (TPO) ROOFING 075423 - 5 f Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 076200 - SHEET METAL FLASHING AND TRIM PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Formed wall sheet metal fabrications. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: Show installation layouts of sheet metal flashing and trim, including plans, elevations, expansion joint locations, and keyed details. Distinguish between shop- and field - assembled work. 1. Include details for forming, joining, supporting, and securing sheet metal flashing and trim, including pattern of seams, termination points, fixed points, expansion joints, expansion joint covers, edge conditions, special conditions, and connections to adjoining work. C. Samples: For each exposed product and for each finish specified. 1.3 CLOSEOUT SUBMITTALS A. Maintenance data. 1.4 QUALITY ASSURANCE A. Sheet Metal Flashing and Trim Standard: Comply with SMACNA's "Architectural Sheet Metal Manual" unless more stringent requirements are specified or shown on Drawings. 1.5 WARRANTY A. Special Warranty on Finishes: Manufacturer's standard form in which manufacturer agrees to repair finish or replace sheet metal flashing and trim that shows evidence of deterioration of factory -applied finishes within 20 years from date of Substantial Completion. SHEET METAL FLASHING AND TRIM 076200 - 1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. PART2-PRODUCTS 2.1 SHEET METALS Oct-2013? A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying a strippable, temporary protective film before shipping. B. Metallic -Coated Steel Sheet: Restricted flatness steel sheet, metallic coated by the hot -dip process and prepainted by the coil -coating process to comply with ASTM A 755/A 755M. 1. Zinc -Coated (Galvanized) Steel Sheet: ASTM A 653/A 653M, G90 coating designation; structural quality. 2.2 UNDERLAYMENT MATERIALS A. Polyethylene Sheet: 6-mil- thick polyethylene sheet complying with ASTM D 4397. B. Felt: ASTM D 226, Type II (No. 30), asphalt -saturated organic felt, nonperforated. C. Self -Adhering, High -Temperature Sheet: Minimum 30 to 40 mils thick, consisting of slip - resisting polyethylene -film top surface laminated to layer of butyl or SBS-modified asphalt adhesive, with release -paper backing; cold applied. Provide primer when recommended by underlayment manufacturer. 1. Thermal Stability: ASTM D 1970; stable after testing at 240 deg F. 2. Low -Temperature Flexibility: ASTM D 1970; passes after testing at minus 20 deg F. A. General: Provide materials and types of fasteners, protective coatings, separators, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and recommended by manufacturer of primary sheet metal or manufactured item unless otherwise indicated. B. Fasteners: Wood screws, annular threaded nails, self -tapping screws, self-locking rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item. 1. General: Blind fasteners or self -drilling screws, gasketed, with hex -washer head. a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory -applied coating. b. Blind Fasteners: High -strength aluminum or stainless -steel rivets suitable for metal being fastened. C. Elastomeric Sealant: ASTM C 920, elastomeric polymer sealant; low modulus; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight. SHEET METAL FLASHING AND TRIM ri i 076200 - 2 € Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2.4 FABRICATION, GENERAL A. General: Custom fabricate sheet metal flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to design, dimensions, geometry, metal thickness, and other characteristics of item indicated. Fabricate items at the shop to greatest extent possible. 1. Obtain field measurements for accurate fit before shop fabrication. 2. Form sheet metal flashing and trim without excessive oil canning, buckling, and tool marks and true to line and levels indicated, with exposed edges folded back to form hems. 3. Conceal fasteners and expansion provisions where possible. Exposed fasteners are not allowed on faces exposed to view. B. Sealed Joints: Form nonexpansion but movable joints in metal to accommodate elastomeric sealant. C. Expansion Provisions: Where lapped expansion provisions cannot be used, form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with butyl sealant concealed within joints. D. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. 2.5 LOW -SLOPE ROOF SHEET METAL FABRICATIONS A. Copings: Fabricate in minimum 96-inch- long, but not exceeding 10-foot- long, sections. Fabricate joint plates of same thickness as copings. Furnish with continuous cleats to support edge of external leg and interior leg. Miter corners, seal, and solder or weld watertight. Fabricate from the following materials: B. Base Flashing: Fabricate from the following materials: 1. Aluminum: 0.040 inch thick. C. Counterflashing: Fabricate from the following materials: 1. Aluminum: 0.032 inch thick. PART 3 - EXECUTION 3.1 UNDERLAYMENT INSTALLATION A. Polyethylene Sheet: Install polyethylene sheet with adhesive for anchorage. Apply in shingle fashion to shed water, with lapped and taped joints of not less than 2 inches. B. Felt Underlayment: Install felt underlayment with adhesive for temporary anchorage. Apply in shingle fashion to shed water, with lapped joints of not less than 2 inches. #._ C. Self -Adhering Sheet Underaayment: Install self -adhering sheet underlayment, wrinkle free. Comply with temperature restrictions of underlayment manufacturer for installation; use primer SHEET METAL FLASHING AND TRIM 076200 - S 3 i Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. __, rather than nails for installing underlayment at low temperatures. Apply in shingle fashion to shed water, with end laps of not less than 6 inches staggered 24 inches between courses. Overlap side edges not less than 3-1/2 inches. Roll laps with roller. Cover underlayment within 14 days. 3.2 INSTALLATION, GENERAL A. General: Anchor sheet metal flashing and trim and other components of the Work securely in place, with provisions for thermal and structural movement so that completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight. Use fasteners, solder, welding rods, protective coatings, separators, sealants, and other miscellaneous items as required to complete sheet metal flashing and trim system. 1. Install sheet metal flashing and trim true to line and levels indicated. Provide uniform, neat seams with minimum exposure of solder, welds, and sealant. 2. Install sheet metal flashing and trim to fit substrates and to result in watertight performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. 3. Space cleats not more than 12 inches apart. Anchor each cleat with two fasteners. Bend tabs over fasteners. 4. Install exposed sheet metal flashing and trim without excessive oil canning, buckling, and tool marks. Ll 5. Install sealant tape where indicated. 6. Torch cutting of sheet metal flashing and trim is not permitted. Fil B. Metal Protection: Where dissimilar metals will contact each other or corrosive substrates, protect against galvanic action by painting contact surfaces with bituminous coating or by other permanent separation as recommended by SMACNA. 1. Coat back side of uncoated aluminum and stainless -steel sheet metal flashing and trim with bituminous coating where flashing and trim will contact wood, ferrous metal, or cementitious construction. 2. Underlayment: Where installing metal flashing directly on cementitious or wood substrates, install a course of felt underlayment and cover with a slip sheet or install a course of polyethylene sheet. C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at a maximum of 10 feet with no joints allowed within 24 inches of corner or intersection. Where lapped expansion provisions cannot be used or would not be sufficiently watertight, form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filed with sealant concealed within joints. D. Fastener Sizes: Use fasteners of sizes that will penetrate sheathing not less than 1-1/4 inches for nails and not less than 3/4 inch for wood screws. E. Seal joints as shown and as required for watertight construction. SHEET METAL FLASHING AND TRIM 076200 - 4 1 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 3.3 ROOF FLASHING INSTALLATION A. General: Install sheet metal flashing and trim to comply with performance requirements and SMACNA's "Architectural Sheet Metal Manual." Provide concealed fasteners where possible, set units true to line, and level as indicated. Install work with laps, joints, and seams that will be permanently watertight and weather resistant. B. Roof Edge Flashing: Anchor to resist uplift and outward forces according to recommendations in SMACNA's "Architectural Sheet Metal Manual" and as indicated. Interlock bottom edge of roof edge flashing with continuous cleat anchored to substrate at staggered 3-inch centers. C. Copings: Anchor to resist uplift and outward forces according to recommendations in SMACNA's "Architectural Sheet Metal Manual" and as indicated. 1. Interlock exterior bottom edge of coping with continuous cleat anchored to substrate at 24-inch centers. D. Counterflashing: Coordinate installation of counterflashing with installation of base flashing. Insert counterflashing in reglets or receivers and fit tightly to base flashing. Extend ' counterflashing 4 inches over base flashing. Lap counterflashing joints a minimum of 4 inches and bed with sealant. E. Roof -Penetration Flashing: Coordinate installation of roof -penetration flashing with installation of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing to pipes that penetrate roof. 3.4 CLEANING AND PROTECTION A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering. B. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturer's written installation instructions. END OF SECTION 076200 L_" SHEET METAL FLASHING AND TRIM 076200 - 5 r Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 079200 - JOINT SEALANTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Silicone joint sealants. 2. Latex joint sealants. 1.2 ACTION SUBMITTALS A. Product Data: For each joint -sealant product indicated. B. Joint -Sealant Schedule: Include the following information: 1. Joint -sealant application, joint location, and designation. 2. Joint -sealant manufacturer and product name. 3. Joint -sealant formulation. 4. Joint -sealant color. 1.3 INFORMATIONAL SUBMITTALS A. Product test reports. B. Field -adhesion test reports. C. Warranties. Oct-2013 1.4 QUALITY ASSURANCE A. Testing Agency Qualifications: Qualified according to ASTM C 1021 to conduct the testing indicated. 1.5 WARRANTY A. Special Installer's Warranty: Manufacturer's standard form in which Installer agrees to repair or replace joint sealants that do not comply with performance and other requirements specified in this Section within specified warranty period. 1. Warranty Period: Two years from date of Substantial Completion. JOINT SEALANTS 079200 -1 i Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 r5 B. Special Manufacturer's Warranty: Manufacturer's standard form in which joint -sealant manufacturer agrees to furnish joint sealants to repair or replace those that do not comply with performance and other requirements specified in this Section within specified warranty period. PART 2 - PRODUCTS 2.1 SILICONE JOINT SEALANTS A. Neutral -Curing Silicone Joint Sealant: ASTM C 920. 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. BASF Building Systems. b. Dow Corning Corporation. C. GE Advanced Materials - Silicones. d. May National Associates, Inc. e. Pecora Corporation. f. Polymeric Systems, Inc. g. Schnee -Morehead Inc. h. Sika Corporation: Construction Products Division. i. Tremco Incorporated.. 2. Type: Single component (S). 3. Grade: nonsag (NS). 4. Class: 100/50. 5. Uses Related to Exposure: Nontraffic (NT). 2.2 LATEX JOINT SEALANTS A. Latex Joint Sealant: Acrylic latex or siliconized acrylic latex, ASTM C 834, Type OP, Grade NF. 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. b. C. d. e. f. JOINT SEALANTS BASF Building Systems. Bostik, Inc. May National Associates, Inc. Pecora Corporation. Schnee -Morehead Inc. Tremco Incorporated. 079200 - 2 111 h' Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2.3 JOINT SEALANT BACKING A. Cylindrical Sealant Backings: ASTM C 1330, Type C (closed -cell material with a surface skin) or any type, as approved in writing by joint -sealant manufacturer for joint application indicated, and of size and density to control sealant depth and otherwise contribute to producing optimum sealant performance. 2.4 MISCELLANEOUS MATERIALS A. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials. B. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. PART 3 - EXECUTION 3.1 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint -sealant manufacturer's written instructions. 1. Clean nonporous joint substrate surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants. B. Joint Priming: Prime joint substrates where recommended by joint -sealant manufacturer or as indicated by preconstruction joint -sealant -substrate tests or prior experience. Apply primer to comply with joint -sealant manufacturer's written instructions. Confine primers to areas of joint - sealant bond; do not allow spillage or migration onto adjoining surfaces. C. Masking Tape: Use masking tape where required to prevent contact of sealant or primer with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal. 3.2 INSTALLATION A. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. B. Install sealant backings of kind indicated to support sealants during application and at position required to produce cross -sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. Do not leave gaps between ends of sealant backings. 2. Do not stretch, twist, puncture, or tear sealant backings. 3. Remove absorbent sealant backings that have become wet before sealant application and replace them with dry materials. JOINT SEALANTS 079200 - 3 I�' r Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. I C. Install sealants using proven techniques that comply with the following and at the same time 1 backings are installed: 1. Place sealants so they directly contact and fully wet joint substrates. 2. Completely fill recesses in each joint configuration. 3. Produce uniform, cross -sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. D. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified in subparagraphs below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. Remove excess sealant from surfaces adjacent to joints. 2. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces. A 3. Provide concave joint profile per Figure 8A in ASTM C 1193, unless otherwise indicated. E. Clean off excess sealant or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved in writing by manufacturers of joint sealants and of products in which joints occur. 3.3 JOINT -SEALANT SCHEDULE A. Joint -Sealant Application: Exterior joints in vertical surfaces and horizontal nontraffic surfaces. 1. Joint Locations: a. Perimeter joints between frames of doors and windows. b. Control and expansion joints. } C. Other joints as indicated. 2. Joint -Sealant Color: As selected by Architect from manufacturer's full range of colors. B. Joint -Sealant Application: Interior joints in horizontal traffic surfaces. 1. Joint Locations: a. Control and expansion joints in concrete flooring. 2. Joint Sealant: Preformed foam. 3. Joint -Sealant Color: As selected by Architect from manufacturer's full range of colors. C. Joint -Sealant Application: Interior joints in vertical surfaces and horizontal nontraffic surfaces[ ]. 1. Joint Locations: a. Concrete floor control and expansion joints. ? b. Perimeter joints between interior wall surfaces and frames of interior doors and windows. y 2. Joint Sealant: Latex. 3. Joint -Sealant Color: As selected by Architect from manufacturer's full range of colors. t JOINT SEALANTS 079200 - 4 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. D. Joint -Sealant Application: Mildew -resistant interior joints in vertical surfaces and horizontal M nontraffic surfaces[ <JS-#>]. 1. Joint Sealant Location: a. Joints between plumbing fixtures and adjoining walls, floors, and counters. _Y 2. Joint Sealant: Silicone. END OF SECTION 079200 JOINT SEALANTS 079200 - 5 No Text Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 095113 - ACOUSTICAL PANEL CEILINGS PART 1 - GENERAL 1.1 SUMMARY A. Section includes acoustical panels for ceilings. 1.2 PREINSTALLATION MEETINGS 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. B. Samples: For each exposed product and for each color and texture specified. 1.4 CLOSEOUT SUBMITTALS A. Maintenance data. PART 2 - PRODUCTS Oct-2013 2.1 PERFORMANCE REQUIREMENTS A. Surface -Burning Characteristics: Comply with ASTM E 84; testing by a qualified testing agency. Identify products with appropriate markings of applicable testing agency. 2.2 ACOUSTICAL PANEL CEILINGS, GENERAL A. Acoustical Panel Standard: Comply with ASTM E 1264. 2.3 ACOUSTICAL PANELS - Match existing A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Armstrong World Industries, Inc. 2. CertainTeed Cora. 3. Chicago Metallic Corporation. 4. Tectum Inc. 5. USG Interiors, Inc., Subsidiary of USG Corporation. ACOUSTICAL PANEL CEILINGS 095113 -1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. B. Classification type, thickness, form, pattern and color: Match existing. PART 3 - EXECUTION Oct-2013 3.1 INSTALLATION A. Install acoustical panel ceilings to comply with ASTM C 636/C 636M and seismic design requirements indicated, according to manufacturer's written instructions and CISCA's "Ceiling Systems Handbook." 1. Match new acoustical ceiling to existing ceiling. END OF SECTION 095113 ACOUSTICAL PANEL CEILINGS 095113 - 2 __, Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 096513 - RESILIENT BASE AND ACCESSORIES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Resilient base. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: For each type of product indicated, in manufacturer's standard -size Samples of each - resilient product color, texture, and pattern required. 1.3 PROJECT CONDITIONS A. Maintain ambient temperatures within range recommended by manufacturer in spaces to receive resilient products. B. Until Substantial Completion, maintain ambient temperatures within range recommended by manufacturer. C. Install resilient products after other finishing operations, including painting, have been completed. PART 2-PRODUCTS 2.1 RESILIENT BASE A. Resilient Base: 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Allstate Rubber Corp.; Stoler Industries. b. Armstrong World Industries, Inc. C. Burke Mercer Flooring Products, Division of Burke Industries, Inc. d. Endura Rubber Flooring, Division of Burke Industries, Inc. e. Estrie Products International: American Biltrite (Canada) Ltd. f. Flexco.Inc. g. Johnsonite. RESILIENT BASE AND ACCESSORIES 096513 -1 i Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. h. Mondo Rubber International Inc. i. Musson R. C. Rubber Co. j. Nora Rubber Flooring, Freudenberg Building Systems, Inc. k. PRF USA, Inc. 1. Roppe Corporation, USA. In. VPI LLQ Floor Products Division. B. Resilient Base Standard: ASTM F 1861. 1. Material Requirement: Type TS (rubber, vulcanized thermoset). 2. Style: Cove (base with toe). C. Minimum Thickness: 0.125 inch. D. Height: 4 inches. E. Lengths: Cut lengths 48 inches long or coils in manufacturer's standard length. F. Outside Corners: preformed. G. Inside Corners: preformed. H. Finish: Matte. I. Colors and Patterns: As selected by Architect from full range of industry colors. Oct-2013 2.2 INSTALLATION MATERIALS A. Adhesives: Water-resistant type recommended by manufacturer to suit resilient products and substrate conditions indicated. PART 3 - EXECUTION 3.1 PREPARATION A. Prepare substrates according to manufacturer's written instructions to ensure adhesion of resilient products. B. Do not install resilient products until they are same temperature as the space where they are to be installed. 1. Move resilient products and installation materials into spaces where they will be installed at least 48 hours in advance of installation. C. Sweep and vacuum clean substrates to be covered by resilient products immediately before installation. RESILIENT BASE AND ACCESSORIES 096513 - 2 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 3.2 RESILIENT BASE INSTALLATION ' A. Comply with manufacturer's written instructions for installing resilient base. B. Apply resilient base to walls, columns, pilasters, casework and cabinets in toe spaces, and other permanent fixtures in rooms and areas where base is required. { C. Install resilient base in lengths as long as practicable without gaps at seams and with tops of adjacent pieces aligned. D. Tightly adhere resilient base to substrate throughout length of each piece, with base in continuous contact with horizontal and vertical substrates. E. Do not stretch resilient base during installation. 3.3 RESILIENT ACCESSORY INSTALLATION A. Comply with manufacturer's written instructions for installing resilient accessories. e` 3.4 CLEANING AND PROTECTION A. Comply with manufacturer's written instructions for cleaning and protection of resilient products. B. Protect resilient products until Substantial Completion. END OF SECTION 096513 RESILIENT BASE AND ACCESSORIES 096513 - 3 r <, f a Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 099113 - EXTERIOR PAINTING PART 1 - GENERAL 1.1 SUMMARY A. Section includes surface preparation and the application of paint systems on the following exterior substrates: 1. Steel. 2. Masonry 3. Plastic 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. Include preparation requirements and application instructions. B. Samples: For each type of paint system and each color and gloss of topcoat. 1.3 MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Paint: 5 percent, but not less than 1 gal of each material and color applied. PART2-PRODUCTS 2.1 MANUFACTURERS A. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to products listed in other Part 2 articles for the paint category indicated. 2.2 PAINT, GENERAL A. MPI Standards: Provide products that comply with MPI standards indicated and that are listed in its "MPI Approved Products List." B. Material Compatibility: 1. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. EXTERIOR PAINTING 099113 -1 i Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 2. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. C. VOC Content: Provide materials that comply with VOC limits of authorities having jurisdiction. D. Colors: As selected by Architect from manufacturer's full range. 2.3 SOLVENT -BASED PAINTS A. Alkyd, Exterior. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Applicator, Owner and Architect present, for timing of exterior painting with ongoing bus arrivals and departures, compliance with requirements for appearance and other conditions affecting performance of the Work. B. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. C. Proceed with coating application only after unsatisfactory conditions have been corrected. 1. Application of coating indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Comply with manufacturer's written instructions and recommendations in "MPI Manual" applicable to substrates and paint systems indicated. B. Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease, and incompatible paints and encapsulants. 1. Remove incompatible primers and reprime substrate with compatible primers or apply tie coat as required to produce paint systems indicated. 3.3 APPLICATION A. Apply paints according to manufacturer's written instructions and recommendations in "MPI Manual." B. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. EXTERIOR PAINTING 099113 - 2 J< Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 3.4 CLEANING AND PROTECTION A. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged condition. B. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. 3.5 EXTERIOR PAINTING SCHEDULE A. Steel Substrates: 1. Alkyd System: a. Intermediate Coat: Exterior alkyd enamel matching topcoat. b. Topcoat: Alkyd, exterior, semi -gloss (Gloss Level 5). END OF SECTION 099113 EXTERIOR PAINTING 099113 - 3 No Text Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 099123 - INTERIOR PAINTING PART 1 - GENERAL Oct-2013 1.1 SUMMARY A. Section includes surface preparation and the application of paint systems on the following interior substrates: 1. Steel. 2. Gypsum board. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. Include preparation requirements and application instructions. B. Samples: For each type of paint system and in each color and gloss of topcoat. Architect will make initial color selections from Manufacturers standard color samples. C. Product List: For each product indicated. Include printout of current "MPI Approved Products List" for each product category specified in Part 2, with the proposed product highlighted. 1.3 MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Paint: 5 percent, but not less than 1 gal. of each material and color applied. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to products listed in other Part 2 articles for the paint category indicated. 2.2 PAINT, GENERAL A. MPI Standards: Provide products that comply with MPI standards indicated and that are listed in its "MPI Approved Products List." B. Material Compatibility: INTERIOR PAINTING 099123 - 1 i Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 1": 1. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. 2. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. C. Colors: As selected by Architect from manufacturer's full range. 2.3 WATER -BASED PAINTS A. Latex, Interior, Gloss Level — match existing wall sheen 2.4 SOLVENT -BASED PAINTS A. Alkyd, Quick Dry, Semi -Gloss PART 3 - EXECUTION [cAiitil A. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of the Work. B. Verify suitability of substrates, including surface conditions and compatibility with existing finishes. C. Proceed with coating application only after unsatisfactory conditions have been corrected. 1. Application of coating indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Comply with manufacturer's written instructions and recommendations in "MPI Manual" applicable to substrates indicated. B. Remove hardware, covers, plates, and similar items already in place that are removable and are not to be painted. If removal is impractical or impossible because of size or weight of item, provide surface -applied protection before surface preparation and painting. 1. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface -applied protection if any. C. Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease, and incompatible paints and encapsulants. INTERIOR PAINTING 099123 - 2 ' Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 3.3 APPLICATION A. Apply paints according to manufacturer's written instructions and to recommendations in "MPI Manual." B. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. 3.4 CLEANING AND PROTECTION A. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged condition. B. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. 3.5 INTERIOR PAINTING SCHEDULE A. Steel Substrates: 1. Alkyd System: a. Prime Coat: Primer, alkyd, quick dry, for metal. b. Topcoat: Alkyd, interior, semi -gloss. B. Gypsum Board Substrates: 1. Latex System: a. Prime Coat: Primer sealer, latex, interior. b. Topcoat: Latex, interior, - match existing wall sheen. END OF SECTION 099123 i� INTERIOR PAINTING 099123 - 3 No Text 1' Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 102113 - TOILET COMPARTMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Steel toilet compartments configured as toilet enclosures and urinal screens. 2. Stainless -steel toilet compartments configured as toilet enclosures and urinal screens. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: For toilet compartments. Include plans, elevations, sections, details, and attachments to other work. C. Samples for each exposed product and for each color and texture specified. 1.3 INFORMATIONAL SUBMITTALS A. Product certificates. 1.4 CLOSEOUT SUBMITTALS A. Maintenance data. 1.5 QUALITY ASSURANCE A. Regulatory Requirements: Comply with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's "Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines for Buildings and Facilities" and ICC/ANSI Al 17.1 for toilet compartments designated as accessible. PART 2 - PRODUCTS 2.1 MATERIALS A. Steel Sheet: Commercial steel sheet for exposed applications; mill phosphatized and selected for smoothness. 1. Hot -Dip Galvanized: ASTM A 653/A 653M, either hot -dip galvanized or galvannealed. TOILET COMPARTMENTS 102113 - 1 f' Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. B. Zamac: ASTM B 86, commercial zinc -alloy die castings. Oct-2013 C. C. Adhesives: Manufacturer's standard product that complies with the testing and product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small -Scale Environmental Chambers." 2.2 STEEL UNITS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Basis -of -Design Product: Subject to compliance with requirements, provide Bradley Corporation: Mills Partitions. B. or comparable product by one of the following: 1. Accurate Partitions Corporation. 2. All American Metal Corp. 3. American Sanitary Partition Corporation. 4. Ampco.Inc. 5. Flush Metal Partition Corp. 6. General Partitions Mfg. Corp. 7. Global Steel Products Coro. 8. Hadrian Manufacturing Inc. 9. Knickerbocker Partition Corporation. 10. Metpar Corp. 11. Rockville Partitions Incorporated. 12. Sanymetal: a Crane Plumbing company. 13. Shanahan's Limited. C. Toilet -Enclosure Style: Sentinel Overhead Braced — Series 400. D. Urinal -Screen Style: Wall hung with integral flanges. E. Door, Panel, and Pilaster Construction: Seamless, metal facing sheets pressure laminated to core material; with continuous, interlocking molding strip or lapped -and -formed edge closures; corners secured by welding or clips and exposed welds ground smooth. Exposed surfaces shall be free of pitting, seam marks, roller marks, stains, discoloration, telegraphing of core material, or other imperfections. 1. Core Material: Manufacturer's standard sound -deadening honeycomb of resin - impregnated kraft paper in thickness required to provide finished thickness of 1 inch (25 mm) for doors and panels and 1-1/4 inches (32 mm) for pilasters. 2. Grab -Bar Reinforcement: Provide concealed internal reinforcement for grab bars mounted on units. 3. Tapping Reinforcement: Provide concealed reinforcement for tapping (threading) at locations where machine screws are used for attaching items to units. F. Urinal -Screen Construction: TOILET COMPARTMENTS 102113 - 2 ^' Chapman Harvey Architects, Inc. Oct-2013 t. 2013 Unauthorized duplication prohibited. Integral -Flange, Wall -Hung Urinal Screen: Similar to panel construction, with integral full -height flanges for wall attachment, and maximum 1-1/4 inches (32 mm) thick. G. Facing Sheets and Closures: Electrolytically coated or hot -dip galvanized -steel sheet with nominal base -metal (uncoated) thicknesses standard with manufacturer. H. Pilaster Shoes and Sleeves (Caps): Stainless -steel sheet, not less than 3 inches (76 mm) high, finished to match hardware. I. Brackets (Fittings): 1. Stirrup Type: Ear or U-brackets; chrome -plated zamac. J. Steel -Sheet Finish: Manufacturer`s standard baked -on finish, with one color in each room. Color: As selected by Architect from manufacturer's full range. 2.3 STAINLESS -STEEL UNITS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Basis -of -Design Product: Subject to compliance with requirements, provide Bradley Corporation: Mills Partitions or comparable product by one of the following: 1. Accurate Partitions Corporation. 2. All American Metal Corp. 3. American Sanitary Partition Corporation. 4. Ampco, Inc. 5. Flush Metal Partition Coro. 6. General Partitions Mfg. Corp. 7. Global Steel Products Coro. 8. Hadrian Manufacturing Inc. 9. Knickerbocker Partition Corporation. 10. Metpar Corp. 11. Rockville Partitions Incorporated. 12. SaMetal: a Crane Plumbing company. 13. Shanahan's Limited. 14. Weis-Robart Partitions, Inc. C. Toilet -Enclosure Style: Sentinel Overhead Braced — Series 400. D. Urinal -Screen Style: Wall hung with integral flanges. E. Door, Panel, and Pilaster Construction: Seamless, metal facing sheets pressure laminated to core material; with continuous, interlocking molding strip or lapped -and -formed edge closures; corners secured by welding or clips and exposed welds ground smooth. Exposed surfaces shall be free of pitting, seam marks, roller marks, stains, discolorations, telegraphing of core material, or other imperfections. -- TOILET COMPARTMENTS 102113 - 3 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 1. Core Material: Manufacturer's standard sound -deadening honeycomb of resin - impregnated kraft paper in thickness required to provide finished thickness of 1 inch (25 min) for doors and panels and 1-1/4 inches (32 mm) for pilasters. 2. Grab -Bar Reinforcement: Provide concealed internal reinforcement for grab bars mounted on units. 3. Tapping Reinforcement: Provide concealed reinforcement for tapping (threading) at locations where machine screws are used for attaching items to units. F. Urinal -Screen Construction: 1. Integral -Flange, Wall -Hung Urinal Screen: Similar to panel construction, with integral full -height flanges for wall attachment, and maximum 1-1/4 inches (32 mm) thick. G. Facing Sheets and Closures: Stainless -steel sheet of nominal thicknesses standard with manufacturer: H. Pilaster Shoes and Sleeves (Caps): Stainless -steel sheet, not less than 3 inches (76 mm) high, finished to match hardware. I. Brackets (Fittings): 1. Stirrup Type: Ear or U-brackets; stainless steel. J. Stainless -Steel Finish: Manufacturer's Satin Brushed finish on exposed faces. Protect exposed surfaces from damage by application of strippable, temporary protective covering before shipment. 2.4 ACCESSORIES A. Hardware and Accessories: Manufacturer's standard design, heavy-duty operating hardware and accessories. 1. Material: Chrome -plated zamac. 2. Hinges: Manufacturer's standard paired, self -closing type that can be adjusted to hold doors open at any angle up to 90 degrees. 3. Latch and Keeper: Manufacturer's standard surface -mounted latch unit designed for emergency access and with combination rubber -faced door strike and keeper. Provide units that comply with regulatory requirements for accessibility at compartments designated as accessible. 4. Coat Hook: Manufacturer's standard combination hook and rubber -tipped bumper, sized to prevent in -swinging door from hitting compartment -mounted accessories. 5. Door Bumper: Manufacturer's standard rubber -tipped bumper at out -swinging doors. 6. Door Pull: Manufacturer's standard unit at out -swinging doors that complies with regulatory requirements for accessibility. Provide units on both sides of doors at compartments designated as accessible. B. Overhead Bracing: Manufacturer's standard continuous, head rail with antigrip profile and in manufacturer's standard finish. C. Anchorages and Fasteners: Manufacturer's standard exposed fasteners of stainless steel or 1 i chrome -plated steel or brass, finished to match the items they are securing, with theft -resistant- s TOILET COMPARTMENTS 102113 - 4 1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. Oct-2013 type heads. Provide sex -type bolts for through -bolt applications. For concealed anchors, use stainless steel, hot -dip galvanized steel, or other rust -resistant, protective -coated steel. 2.5 FABRICATION A. Overhead -Braced Units: Provide manufacturer's standard corrosion -resistant supports, leveling mechanism, and anchors at pilasters to suit floor conditions. Provide shoes at pilasters to conceal supports and leveling mechanism. B. Door Size and Swings: Unless otherwise indicated, provide 24-inch- (610-mm-) wide, in - swinging doors for standard toilet compartments and 36-inch- (914-mm-) wide, out -swinging doors with a minunum 32-inch- (813-mm-) wide, clear opening for compartments designated as accessible. 3.1 INSTALLATION A. General: Comply with manufacturer's written installation instructions. Install units rigid, straight, level, and plumb. Secure units in position with manufacturer's recommended anchoring devices. B. Clearances: Maximum 1/2 inch (13 mm) between pilasters and panels; 1 inch (25 mm) between panels and walls. C. Stirrup Brackets: Secure panels to walls and to pilasters with no fewer than three brackets attached at midpoint and near top and bottom of panel. Locate wall brackets so holes for wall anchors occur in masonry or rile joints. Align brackets at pilasters with brackets at walls. 3.2 ADJUSTING A. Hardware Adjustment: Adjust and lubricate hardware according to hardware manufacturer's written instructions for proper operation. Set hinges on in -swinging doors to hold doors open approximately 30 degrees from closed position when unlatched. Set hinges on out -swinging doors to return doors to fully closed position. END OF SECTION 102113 TOILET COMPARTMENTS 102113 - 5 No Text Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 102800 — TOILET ACCESSORIES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Public -use washroom accessories. B. Owner -Furnished Material: Toilet Tissue Dispensers. Oct-2013 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Product Schedule: Indicating types, quantities, sizes, and installation locations by room of each accessory required. 1. Identify locations using room designations indicated. 1.3 CLOSEOUT SUBMITTALS A. Maintenance data. 1.4 QUALITY ASSURANCE 1.5 WARRANTY 1. Warranty Period: Grab bars -15 years from date of Substantial Completion. PART 2-PRODUCTS 2.1 PUBLIC -USE WASHROOM ACCESSORIES A. <Double click here to find, evaluate, and insert list of manufacturers and products.> B. Owner Supplied Toilet Tissue (Jumbo -Roll) Dispenser: 1. Description: Georgia Pacific One -roll unit. 2. Mounting: Surface mounted. TOILET ACCESSORIES 102800 -1 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. C. Grab Bar: 1. Basis -of -Design Product: Bobrick. 2. Mounting: Flanges with concealed fasteners. 3. Material: Stainless steel, 0.05 inch (1.3 mm) thick. a. Finish: Smooth, No. 4 finish (satin). 4. Outside Diameter: 1-1/4 inches (32 mm) 1-1/2 inches (38 mm). 5. Configuration and Length: As indicated on Drawings. 6. Optional Anchoring Devices as necessary. Oct-2013 2.2 FABRICATION A. Keys: Provide universal keys for internal access to accessories for servicing and resupplying. Provide keys to Owner's representative. PART 3 - EXECUTION 3.1 INSTALLATION A. Install accessories according to manufacturers' written instructions, using fasteners appropriate to substrate indicated and recommended by unit manufacturer. Install units level, plumb, and firmly anchored in locations and at heights indicated. B. Grab Bars: Install to withstand a downward load of at least 250 lbf (1112 N), when tested according to ASTM F 446. END OF SECTION 102800 TOILET ACCESSORIES 102800 - 2 r s ' Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. SECTION 123623.13 - PLASTIC -LAMINATE -CLAD COUNTERTOPS PART 1 - GENERAL 1.1 SUMMARY A. Section includes plastic -laminate countertops. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product, including high-pressure decorative laminate. B. Shop Drawings: Show location of each item, dimensioned plans and elevations, large-scale details, attachment devices, and other components. C. Samples: 1. Plastic laminates, for each color, pattern, and surface finish. 1.3 INFORMATIONAL SUBMITTALS A. Woodwork Quality Standard Compliance Certificates: AWI Quality Certification Program certificates. 1.4 FIELD CONDITIONS A. Environmental Limitations: Do not deliver or install countertops until building is enclosed, wet work is complete, and HVAC system is operating and maintaining temperature and relative humidity at occupancy levels during the remainder of the construction period. PART 2 - PRODUCTS 2.1 PLASTIC -LAMINATE COUNTERTOPS A. Quality Standard: Unless otherwise indicated, comply with the "Architectural Woodwork Standards" for grades indicated for construction, installation, and other requirements. B. Grade: Custom. C. Certified Wood: Plastic -laminate countertops shall be made from wood products certified as "FSC Pure" according to FSC STD-01-001, "FSC Principles and Criteria for Forest Stewardship," and FSC STD-40-004, "FSC Standard for Chain of Custody Certification." D. High -Pressure Decorative Laminate: NEMA LD 3, Grade HGS. ...+r PLASTIC -LAMINATE -CLAD COUNTERTOPS 123623.13 - 1 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Abet Laminati, Inc. b. Formica Corporation. C. Lamin-Art. Inc. d. Panolam Industries International Inc. e. Wilsonart International; Div. of Premark International, Inc. E. Colors, Patterns, and Finishes: Provide materials and products that result in colors and textures of exposed laminate surfaces complying with the following requirements: 1. As selected by Architect from manufacturer's full range in the following categories: a. Solid colors, matte finish. b. Patterns, matte finish. F. Edge Treatment: Same as laminate cladding on horizontal surfaces. G. Paper Backing: Provide paper backing on underside of countertop substrate. A. Wood Products: Provide materials that comply with requirements of referenced quality standard unless otherwise indicated. 1. Wood Moisture Content: 5 to 10 percent. B. Composite Wood and Agrifiber Products: Provide materials that comply with requirements of referenced quality standard for each type of woodwork and quality grade specified unless otherwise indicated. 1. Medium -Density Fiberboard: ANSI A208.2, Grade 130. 2.3 MISCELLANEOUS MATERIALS A. Adhesives: Use adhesives that meet the testing and product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small -Scale Environmental Chambers." 2.4 FABRICATION A. Fabricate countertops to dimensions, profiles, and details indicated. Provide front and end overhang of 1 inch over base cabinets. Ease edges to radius indicated for the following: 1. Solid -Wood (Lumber) Members: 1/16 inch unless otherwise indicated. B. Complete fabrication, including assembly, to maximum extent possible before shipment to Project site. Disassemble components only as necessary for shipment and installation. Where necessary for fitting at site, provide ample allowance for scribing, trimming, and fitting. PLASTIC -LAMINATE -CLAD COUNTERTOPS ti 1� 123623.13 - 2 4 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. Y PART 3 - EXECUTION 3.1 PREPARATION A. Before installation, condition countertops to average prevailing humidity conditions in installation areas. 3.2 INSTALLATION A. Grade: Install countertops to comply with same grade as item to be installed. B. Assemble countertops and complete fabrication at Project site to the extent that it was not completed in the shop. 1. Provide cutouts for plumbing fixtures. 2. Seal edges of cutouts by saturating with varnish. C. Field Jointing: Prepare edges to be joined in shop so Project -site processing of top and edge surfaces is not required. 1. Secure field joints in plastic -laminate countertops with concealed clamping devices located within 6 inches of front and back edges and at intervals not exceeding 24 inches. Tighten according to manufacturer's written instructions to exert a constant, heavy - clamping pressure at joints. D. Install countertops level, plumb, true, and straight. Shim as required with concealed shims. Install level and plumb to a tolerance of 1/8 inch in 96 inches. E. Scribe and cut countertops to fit adjoining work, refinish cut surfaces, and repair damaged finish at cuts. F. Countertops: Anchor securely by screwing through corner blocks of base cabinets or other supports into underside of countertop. 1. Install countertops with no more than 1/8 inch in 96-inch sag, bow, or other variation from a straight line. 2. Secure backsplashes to tops with concealed metal brackets at 16 inches o.c. and to walls with adhesive. 3. Seal junctures of tops, splashes, and walls with mildew -resistant silicone sealant or another permanently elastic sealing compound recommended by countertop material manufacturer. END OF SECTION 123623.13 I... PLASTIC -LAMINATE -CLAD COUNTERTOPS 123623.13 - 3 Chapman Harvey Architects, Inc. 2013 Unauthorized duplication prohibited. SECTION 124813 - ENTRANCE FLOOR MATS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Resilient entrance mats. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. B. Samples: For each floor mat. 1.3 CLOSEOUT SUBMITTALS A. Maintenance data. PART 2 - PRODUCTS Oct-2013 2.1 ENTRANCE FLOOR MATS AND FRAMES, GENERAL A. Regulatory Requirements: Comply with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines for Buildings and Facilities. 2.2 RESILIENT ENTRANCE MATS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: 1. American Floor Products Company, Inc. B. Carpet -Type Mats: Polypropylene fibers bonded to high density rubber backing to form Berber type high/low surface, heavy face weight mats 3/8 or 7/16 inch (9.5 or 11 nun) thick with tapered rubber edges. 1. Colors, Textures, and Patterns: As selected by Architect from full range of industry colors. 2. Mat Size: 5' x 6'. 3. Warranty: 3 year — limited ENTRANCE FLOOR MATS 124813 - 1 Chapman Harvey Architects, Inc. Oct-2013 2013 Unauthorized duplication prohibited. 2.3 FABRICATION A. Floor Mats: Shop fabricate units to greatest extent possible in sizes indicated. Unless otherwise indicated, provide single unit for each mat installation; do not exceed manufacturer's recommended maximum sizes for units that are removed for maintenance and cleaning. PART 3 - EXECUTION 3.1 INSTALLATION A. Install as directed by Owner. 3.2 PROTECTION A. Maintain protection until delivered to Owner at Substantial Completion. END OF SECTION 124813 ENTRANCE FLOOR MATS 124813 - 2 CITIBUS DOWNTOWN TRANSFER PLAZA RENOVATION/ADDITION 801 Broadway Street Lubbock, Texas CONSULTANTS' PROFESSIONAL RESPONSIBILITY The specifications sections to be authenticated by my seal and signature are Limited to the following: SPECIFICATION INDEX MECHANICAL: SECTION 15010 General Mechanical Provisions SECTION 15400 Plumbing SECTION 15650 Air Conditioning By: Carl W. Wampler. P.E. BSA, Consulting Engineers, PLLC 14302 Slide Road Lubbock, TX 79424 Ph:806-762-0419; Fax:806-780-0129 Texas Firm Registration No. F4415 P.E. License No. 97056 ,rib - -- * ::' z.........................1*� CARL W. WAMPLER� ............................t... 97056 1'l�s•.C1 Ns . X� /0-7-13 2013 Chapman Harvey Architects, Inc. Unauthorized Duplication Prohibited October 7, 2013 October?, 2013 SECTION 15010 - GENERAL MECHANICAL PROVISIONS PART 1 - GENERAL 1.1 DESCRIPTION A. The work covered by this section of the specifications includes the furnishing of all materials and labor as required for the installation of the plumbing, heating, ventilating and air conditioning systems, all as shown on the drawings, as herein specified, or both. 1.2 RELATED DOCUMENTS A. Refer to other applicable clauses and regulations for other requirements. 1.3 SUBMITTAL A. All submittal required by this section shall be submitted in accordance with Section 01300. B. This Contractor shall submit six (6) copies of all submittal data covering proposed equipment to the Architect for approval prior to installation. All equipment shall be submitted at one time in a bound folder with an index of submittal. 1.4 REGULATIONS A. All work shall be done in strict accordance and compliance with State and Local Laws, together with regulations of the particular Utility Companies concerned. B. Obtain permits as required by the local authorities. 1.5 CLARIFICATION A. The Engineer shall provide, with reasonable promptness, written responses to requests from the Contractor for clarification and interpretation of the requirements of the Contract Documents. However, if the Contractor's requests for information, clarification or interpretation are, in theEngineers professional opinion, for information readily apparent from reasonable observation of field conditions or a review of the Contract Documents, or are reasonably inferable therefrom, the Engineer shall be entitled to compensation from the Contractor for the Engineer's time spent responding to such requests. 1.6 DEFECTS A. Contractors shall promptly report to the Engineer any defects or suspected defects in the contract documents of which the Contractor becomes aware, so that the Engineer may take measures to minimize the consequences of such a defect. Failure by the Contractor to notify the Engineer shall relieve the Engineer or Owner of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were fast discovered. 1.7 COMPLETION A. If the Contractor asks for a final inspection and the project is not complete enough to prepare a normal punch list as determined by the Engineer, the Engineer shall be compensated for time and travel for subsequent site visits. i 1.8 DRAWINGS A. The drawings and the specifications are numbered consecutively. Each Contractor shall check these drawings and specifications thoroughly and shall notify the Architect of any discrepancies or omissions of sheets or pages. _..... uhrizaolca tUnatopiDuplication Pmb cd GENERAL MECHANICAL PROVISIONS 15010-1 October 7, 2013 Upon notification, the Architect will promptly provide the Contractor with any missing portions of the drawings and/or specifications. No discrepancies or omissions of sheets or pages of the Contract Documents will relieve the Contractor of his duty to provide all work required by the complete Contract. B. The plans accompanying these specifications are intended to show the general arrangement and the extent of the work contemplated. The Contractor shall inspect the site before bidding to verify the actual conditions involved as no allowance will be made for unforeseen conditions. The exact location and arrangement of all parts shall be determined after equipment has been approved by the Architect and as directed by the Architect. Allmaterials or labor necessary to complete the work in accordance with the intent of these specifications shall be furnished by each Contractor without additional charge as if called for in these specifications or shown on the plans. C. Should the particular equipment which any bidder proposes to install require other space conditions, supports or clearances other than those indicated on the drawings, he shall arrange for such items with the Architect before submitting his bid. Should changes become necessary on account of failure to comply with this clause, the Contractor shall make such necessary changes at his (the Contractor's) own expense. D. This Contractor shall verify all existing conditions that may effect his work including exact location and size of all plumbing lines, direction of flow, ductwork, existing equipment and connection points. Any discrepancies from conditions shown on the drawings shall be reported to the Architect before bidding and the bid price shall include the cost to correct any discrepancies to provide a complete and workable system. E. This Contractor shall thoroughly lay out all his work and check all conditions to insure that the work as shown on the Drawings can be installed without modifications. No material shall be fabricated or delivered to the job until these conditions have been determined. F. The Owner or Owner's Representative reserves the right to make changes during construction, if required, and no allowances will be made for prefabricated material or on job materials which can not be used due to actual conditions. 1.9 APPROVAL OF MATERIALS A. Where manufacturer's names are mentioned in these specifications, it has been done, in most cases, in order to establish a standard. The products of others than the particular manufacturers mentioned will be acceptable, if of suitable type and construction, but any substitution must be of quality as good as, or better than, the named article. B. If the Contractor elects to substitute other equipment or materials for that specified by name, he shall be fully responsible for all coordination with other trades involved. Any expense incurred because of modifications to accommodate larger sizes, larger electrical service, fuel piping requirements resulting from such substitution shall be borne by the Contractor substituting other equipment. C. Upon being awarded the Contract for the work under one of the following sections, the Contractor shall, within thirty (30) days, submit for approval a complete list of the materials which he proposes to use. The list shall give the manufacturer's names and designations corresponding to every item and where submitted materials are different from that specified by name, the submission shall be accompanied by a complete descriptive literature and/or any supplementary data and drawings, necessary to give full and complete details for the completed installation. D. Any item on this list which is rejected because of unsuitability or inferior quality, must be replaced by an acceptable item within two (2) weeks following notification of the Contractor of such rejection. If no satisfactory material is submitted within two (2) weeks, then the Architect reserves the right to notify the Contractor as to the type and make of materials he will be required to furnish. Six (6) copies of the material and the equipment list shall be furnished by the Contractor in neat and firmly bound brochures for approval. 1.10 COOPERATION A. Each contractor shall cooperate with the General Contractor and all other contractors to properly coordinate their work, to avoid interference and delays, and arrange all parts of the work so as to harmonize in service and �^ appearance with all other parts. 1.11 INTERFERENCES A. The plans are generally diagrammatic and the Contractor must harmonize the work of the different trades so that 2013 Chapman Haney Architects, Inc. Unauthorized Duplication Prohibited GENERAL MECHANICAL PROVISIONS 15010-2 October T. 2013 interference between piping, equipment, architectural and structural work will be avoided. All necessary offsets in piping, fittings, etc., required to properly install the work must be kept as close as possible to walls, ceiling, columns, etc., so as to take up the minimum amount of space, and all offsets, fittings, etc., required to accomplish { it must be furnished and installed by the contractor without additional cost to the Owner. B. Exact locations of mechanical equipment may be varied a reasonable amount by the Architect before installation without additional cost to the Owner. C. All equipment and controls shall be so located and arranged that all parts will be available for proper maintenance. PART2-PRODUCTS 2.1 MATERIALS AND WORKMANSHIP A. Materials shall be new, unless otherwise specified, and of the quality specified. Materials shall be free from any defects. Materials and equipment for which the Underwriters' Laboratories have established as standard, shall be listed by the Underwriters' Laboratories, Inc., and shall bear their label. B. Each Contractor shall be responsible for transportation of his materials to the job and shall be responsible for the storage and protection of same. This will be provided until final acceptance of the job. C. Each Contractor shall provide protection against weather, so as to maintain all materials and equipment free from injury and damage. All new work likely to be damaged shall be covered during the day and at the end of each day. D. Each Contractor will furnish all necessary scaffolding, tackle, tools, appurtenances and all labor required for the safe and expeditious execution of this contract. E. The workmanship shall be in all respects, the highest grade and all construction in accordance with the best practice of the trade. PART 3 - EXECUTION 3.1 VERIFICATION OF PLANS AND SPECIFICATIONS A. It shall be the responsibility of all parties concerned to carefully examine the plans and specifications relating to this work for completeness, accuracy and clarity. Any conflict, errors or clarification requests shall be immediately brought to the attention of the Engineer for written interpretation or instructions. No claims for increased compensation for additions, changes or alterations will be considered unless written authority is granted by the Engineer. Otherwise, any additional materials and/or labor due to additions, alterations and changes necessary to meet existing conditions shall be furnished under this contract. 3.2 HANGERS AND SUPPORTS A. The Contractor for the work covered by each section of these specifications shall furnish and install all foundations and supports required by equipment included in his work. B. All piping, both vertical and horizontal, shall be supported at sufficient close intervals to keep its alignment, prevent sagging and to prevent pipe from being supported by equipment or equipment connections. C. Vertical pipes shall be supported from floor with riser clamps sized to fit the lines and adequately support their weight. Vertical copper tubing, 1-1/4" and smaller shall be supported at 3' intervals and at the base of pipe risers, where required for proper support. Hangers shall be manufactured by Kindorff, Unistrut, Elcen or equal. Where multiple pipes are indicated, they may be supported on a continuous hanger. All hangers must meet the Architect's approval. Use of perforated straps will not be permitted. 3.3 UNIONS A. Unions shall not be placed in any pipe in a location which will be inaccessible after completion of the building ��th� "�'U�a Duplication1wbied GENERAL MECHANICAL PROVISIONS 15010-3 October T. 2013 r; unless shown on drawings or specified. Unions shall be installed on both sides of all valves, regulators, check valves, traps, etc., so that such equipment may be readily disconnected. Where copper pipe joins iron or steel pipe, an insulation union using a 'Bakelite" insulator shall be used. 3.4 ESCUTCHEONS A. Where exposed to view, pipes insulated or bare, passing through floors, walls, or ceilings, shall be filled with near, heavy spun or stamped steel escutcheons, firmly secured to the pipes. Escutcheons shall be of sufficient outside diameter to surround both the pipe and the sleeves. The sleeve shall have a nickel plated finish, fabricated in one piece and shall be firmly anchored in space. "Snap -on" type escutcheons will not be permitted. 3.5 PAINTING A. No painting will be required under this section. 3.6 ELECTRICAL A. Electric motors shall be of the speed, phase and voltage as specified and shall be of type recommended by motor manufacturer for type of service involved. B. The Contractor furnishing the motor shall install it. The Contractor shall furnish such motor controls and starting equipment as specified or as required. The erection and connection of all switches, starting and control equipment, and the wiring of same, shall be done as required. Conduits from controllers to motors shall be flexible for not over three feet (3) and shall be attached to the terminal housing of the motor. All flexible conduit to motor shall be waterproof type with neoprene jacket. C. Where automatic controls are called for in the Plumbing, Heating and Air Conditioning specifications, the control instruments, such as motorized damper motors, motorized valves, etc., shall be installed by the Contractor furnishing the controls. All wiring necessary shall be done by the Electrical Contractor. The Contractor furnishing the controls shall furnish a control wiring diagram to the Electrical Contractor. D. Starters on air cooled condensing units shall be furnished by the equipment manufacturer. Starters for Heating and Ventilating units shall be furnished by the equipment manufacturer. 3.7 INSULATING COUPLINGS ' A. This Contractor shall furnish and install insulating couplings wherever piping material changes from galvanized steel pipe to copper, or from black steel to copper, and where shown on the drawings.13 3.8 LABELS A. Heating and air conditioning units shall have a permanent metal tag or laminated plastic (min. thickness .093 inch) attached by riveting to identify as shown on the drawings. Letters on tag shall be 1/4" to 3/8" in height. Ell 3.9 EQUAL MATERIAL CONSIDERATION A. Approval of equipment other than that specified does not relieve the Contractor from the responsibility of r_1 modifying the equipment if necessary to meet Structural, Architectural, Electrical, or Mechanical conditions as detailed and specified on the drawings. 3.10 INSTRUCTION MANUALS U A. Furnish four (4) complete bound copies of Instruction Manuals on all operating equipment to Owner. Manuals: instructions, list, instructions complete with repair replacement parts and complete operating and wiring diagrams. Ul 3.11 TESTS AND ADJUSTMENTS j A. After completion of the work but before final payment is made, the Contractor shall run test over a sufficient period of time to prove the proper capacity and performance of apparatus, etc., and of system as a whole to the 1 _? Unauthorizedup! catiio Duplication GENERAL MECHANICAL PROVISIONS 15010-4 t [ 1 lv 3 October 9, 2013 approval of the Architect and Engineer. See Testing section of the Specifications. 3.12 GUARANTEE A. This Contractor shall guarantee the workmanship and material against defects for a period of one (1) year from the date of acceptance, unless specified otherwise in other sections of this specification. END OF SECTION 15010 una��N DAP, cationn Architects, rop bited�' GENERAL MECHANICAL PROVISIONS 15010-5 October 9, 2013 SECTION 15400 - PLUMBING PART 1 - GENERAL 1.1 DESCRIPTION A. This contract will include the furnishings and installation of all labor and material necessary to complete all plumbing and gas fittings as shown on the drawings and as herein specified as follows: 1. Water supply and service. 2. System of sanitary drainage, venting and connection to all fixtures as shown on the drawings. 3. Gas supply system. 4. Furnishing and installation of all fixtures as shown on the drawings and as herein specified. 1.2 RELATED DOCUMENTS A. Refer to other applicable clauses and regulations for other requirements. 1.3 SUBMITTAL A. All submittals required by this section shall be submitted in accordance with Section 01300. B. Submit manufacturer's data for approval on all materials to be furnished as part of this project. PART 2 - PRODUCTS 2.1 EQUAL MATERIAL CONSIDERATION A. Approval of equipment other than that specified does not relieve the Contractor from the responsibility of modifying the equipment if necessary to meet Structural, Architectural, Electrical, or Mechanical conditions as detailed and specified on the drawings. 2.2 TRAPS A. Each fixture and piece of equipment requiring connections at the drainage system shall be equipped with a trap. Traps installed on hub -and -spigot pipe shall be extra -heavy cast-iron. Traps installed on threaded pipe shall be recess drainage pattern. All floor drains shall be equipped with a deep seal trap. PART 3 - EXECUTION 3.1 INSTALLATION A. Cross Connections and Interconnections: No plumbing fixtures, device or piping shall be installed which will provide a cross connection or interconnection between a distributing supply for drinking or domestic purposes and a polluted supply such as a drainage system of a soil or waste into the water supply system. Provide any and all backflow prevention devices as required by code. B. The Contractor shall provide all necessary material and labor to connect to the Plumbing System all fixtures and equipment shown on the drawings having plumbing connections and which are furnished and installed by others or are specified in other sections of these specifications. C. The Contractor shall carefully investigate the structural and finish conditions affecting all his work and shall arrange such work accordingly, furnishing such fittings, traps, valves, and accessories as may be required to meet such conditions. Where pipes extend through concrete members, this Contractor shall core all such members and slabs, unless sleeves have been provided. Chipping concrete will not be allowed, and if any coring of the concrete members is necessary, this contractor shall call it to the Architect's attention before doing same. 2oi3Chap tboz:nAarveyArchitects, Inc. PLUMING 15400-1 Unauthorised Duplication Prohibited i October 7, 2013 E. Pipe openings shall be closed with caps or plugs during installation. Fixtures and equipment shall be tightly - covered and protected against dirt, water and chemical or mechanical injury. At the completion of the work the fixtures, materials, and equipment shall be thoroughly cleaned. g END OF SECTION 15400 2013 Chapman Harvey Architects, inc. Unauthorized Duplication Prohibited PLUMBING e -t l� 15400-2 ; October /. 2013 SECTION 15650 - AIR CONDITIONING PART 1-GENERAL 1.1 DESCRIPTION A. Contractor shall furnish and install where shown on the drawings, complete Summer -Winter, indoor and outdoor mounted air conditioning systems as shown on the drawings and as herein specified. 1.2 RELATED DOCUMENTS A. Refer to other applicable clauses and regulations for other requirements. 1.3 SUBMITTAL A. All submittal required by this section shall be submitted in accordance with Section 01300. B. Submit manufacturer's data for approval on all materials to be furnished as part of this project. 1.4 REBATES AND INCENTIVES A. Any and all rebates or incentives offered by utility companies or equipment manufacturers shall go directly to the Owner. PART2-PRODUCTS 2.1 AIR CONDITIONING UNITS A. All units shall be of the same manufacturer and shall have capacities and efficiency ratings as scheduled. 2.2 GAS -ELECTRIC ROOFTOP AIR CONDITIONING UNITS A. Furnish and install where shown on the drawings, complete summer -winter rooftop mounted air conditioning units as scheduled on the drawings. All units shall be manufactured by the same manufacturer and as herein specified. B. Unit shall be a standard product of a firm regularly engaged in the manufacture of this type of Heating and Cooling Equipment and shall have factory personnel available for assistance in trouble shooting. C. Mechanical contractors bidding this work shall have service facilities of their own or make arrangements with an independent service company to handle the start up and the first years service of this installation. Cost of the first years service shall be included in this bid. Routine maintenance of this equipment such as filter changes, lubricating, tightening belts, etc. is the responsibility of the Owner after final acceptance of this job. D. The equipment offered shall be designed for rooftop mounting and be fully approved by an accredited agency for outdoor installation. E. All electrical components shall carry an Underwriters' Laboratories Listing. F. Cabinet Construction: 1. All components of each unit shall be contained in a single weatherproof casing factory fabricated and assembled, one piece construction, no field assemblies. 2. The cabinet shall be constructed of heavy gauge galvanized steel. Exterior panels shall have a durable finish coat of outdoor acrylic enamel. 3. All exterior panels of the conditioned air portion of each unit shall be lined with 1" thick fiberglass j} insulation. In addition the entire bottom of the unit shall be insulated with fiberglass or styrofoam. E.. 2013 Chapman Harvey Architects Inc. ¢, _. Unauthorized Duplication prohibited AIR CONDITIONING 15650-1 I October 7.2013 4. Easy access of all interior components shall be provided to facilitate service and maintenance. t- 1 5. All condenser coils shall have hail screens. 6. Units shall have hinged access panels with 1/4 turn latches. 7. Cabinets shall accommodate "thru the base electrical' service. G. Heating Section: 1. Natural gas heating capacity as scheduled on the drawings shall be furnished in each unit. High voltage ignition and re -ignition, and all necessary operating and safety controls shall be furnished. 2. Heating exchangers shall be aluminized steel and the entire unit shall be A.G.A. approved for firing with entering air at any temperature. 3. Heat exchanger shall be warranted for a period of ten years. H. Cooling Section: 1. The cooling method shall be direct expansion coils with mechanical refrigeration. Capacity shall be as scheduled on the plans. 2. Methods of heat transfer shall be by means of aluminum fins mechanically bonded to seamless copper tubes which are tested at the factory for 500 psi working pressure. 3. Compressors shall be warranted for five (5) years. 4. Condenser coils shall have hail screens. I. Damper Section: 1. Each unit shall have a manual outside air damper which is adjustable from 0 to 30%. 2. All outside air shall be filtered. J. Filter Section: 1. Filter media shall be one inch thick polyurethane with 20 pores per inch mounted in rugged individual galvanized frames for each handling and cleaning. 2. Both outside and return air shall be filtered. K. Blowers (Indoor Air): 1. Each unit shall be equipped with forced curved blower wheels. Units shall be direct drive. 2. Blower motor shall be multiple speed, in order to properly balance system to job requirements. 4. Blower capacity and static pressure shall be as scheduled on the plans. Blower motor H.P. shall be as scheduled on the plans. L. Vibration Isolation: 1. The refrigeration compressors and the indoor fan system shall have all rotating parts spring isolated from the unit cabinet to minimize transmission of vibration. Fan motors 1/2 H.P. and under shall be resiliently mounted. M. Basic Unit Control System: 1. Each unit shall be furnished with a Honeywell TB8220U programmable thermostat, as indicated on the drawings. 2. Each unit shall be equipped with a positive fan start device on a call for heat. 3. The condensing units shall be furnished with time off cycle devices to prevent short cycling of the compressors. They shall also have high- low pressure cutouts, 3 leg overload protection and internal thermostats in the compressor to limit winding and discharge temperature to safe limits. Provide low - ambient operation kits. 4. Refrigerant control shall be by thermostatic expansion valves. 5. In addition to the above, contactors, relays and safety devices necessary for a complete operational system shall be furnished. 2.3 WARRANTIES A. All heating and air conditioning equipment shall have a five year warranty on compressors, 10 years on heat exchangers and 1 year on all other parts. Chapman liati Architects, AIR CONDITIONING 15650-2 1 Unauthorized Duplication Prohibited 1 I t_ October 7, 2013 PART 3 - EXECUTION 3.1 ADJUSTMENT A. Upon completion of work the Contractor shall balance the system so that the quantity and proper velocity of air is delivered at each outlet uniformly as indicated on the drawings to within ten percent (10%). Necessary adjustment shall be made to the system to produce these quantities of air, and to eliminate any objectional drafts or noise which might exist. Balance adjustments shall be made upstream of the registers and diffusers, leaving the O.B.D. in each grille neck fully open. B. When balancing has been completed, the Contractor shall provide the Architect with all necessary data, readings, and velocities at each outlet to substantiate that the systems are balanced and providing the necessary quantities of air as shown on the drawings. END OF SECTION 15650 2013 Chapman Harvey Architects, Inc. Unauthorized Duplication Prohibited AIR CONDITIONING 15650-3 5ITF- LOCATOR RENOVATION �I,! « �, �} k� bus DOWNTOWN LUBBOCK PHASE 3 801 Broadway Street Lubbock, Texas ARCHITECT - CHAPMAN HARVEY ARCHITECTS, INC. M.F.E. ENGINEER - 135A CONSULTING ENGINEERS, PLLC DRANIN6, INDEX 451 -Covvtsmmr 4S2 - TEXAS AC4E5SOUTY STANDARDS W e)*r** SITE MAN 42 SITE PHOTO&KNPHS At eKSTN*,VS,,IOUTION FLCOR PLAN A2 JNT&UM FHOV06RAPHS AS MOVATION FLOOR PLAN M 9NLA^6W PLAN. 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T 504 TURNING SPACE 505 CLEAR FLOOR or GROUND SPACE 507 PROTRUDIN6 OBJECTS iaa 44 f ✓ 0YM f Fl.OYK MIaW.IOf P..M'.Y MINK ��fNlrq�fm R.fYm Olw vp.ail.VlMm M1TKe,ioai M/ t,pGfb-AK.bm O0rO0at '703 SIGNS 502 PARNG SPACES 905 PA55ENGEi LOADING ZONES sea � � � 8 8 Y —•® na,. :�i.ea �. 504 STAIRNIAYS r) 50q OPERABLE PARTS . ,. 505 REACH RANGES ¢ � me.er.awTKa-roewro�rrwv*..• iP3 r +..naaa�enr��r rom KI ON TINS SNEET K ON TWS 94CET MAY NOT OC A ORA*UM Revised embT*46 euLD" 2 SM, im 6- k wx ISTH STREBT uwww rwwv RENOVATION SITE F*Lm , COZ gDos"o co� Ft9)'0VATW C4U� d., 09.30.13 09O21 ELEVATION DETAIL cl 2 1 77= 17'77 1-0-7 7�7 7-7 _77, PEDESTRIAN CANOPY LOOKING SOUTHWE5T CORNER PAVILION 5 ROOF DECK (TYPICAL) BU5 CANOPY LOOKING 9 SOUTHWEST (TYPICAL) OCC1Nd � K�N.l. NON ��41116I.RO G!XlG6�1! PEDESTRIAN CANOPY (TYPICAL) o.arnu wNs �aom 5OUTHEAST CORNER 6 OF BUILDING .�3.� NO fG...G .R✓0 „O.A,R N.�. INTERIOR PEDESTRIAN 10 CANOPY (TYPICAL) ACCE5515LE 516NAGE AND 3 DOOR ACTIVATOR (TYPICAL) COLUMN ON NORTHEAST 51DE OF BUILDING CTYPICAL) 6U5 CANOPY 5PEAKER AND LIGHTING (TYPICAL) FIRE EXTINGUISHER AT 4 TOWER BASE (TYPICAL) ROUTE INDICATOR 516NAGE AND 8 5TOP/60 LIGHTS (TYPICAL) SOUTHEAST CORNER 12 OF BUILDING m 09.30.13 ps• 0911 Nwrw.• /•yn CZ r arNou:,aes ,. ««+Kn:-vc a�w..nw:ccrc<srNs,necoerr.s.n, Ortu,rJ.AK+�Y R1t�LNOswt1.�0 .�rCp�wp,lbiN .rtn ro tiw,N, Mart ro arwrtws neNwuc s ccNfrt.croa swu eaanan+*e nc w.ay.i. w.s rrru,:aenr cr wcer rno ceuu cwvawR Nrrt cnava. n. ccnnucroa yuuGMVOW.R nrw uraare w,nrwxw xcuL no ruruu Tia+r cwomart wows w>a,m Tocwmerm raenmcric . 4 NJ. aTCJTG4aMVaIV'rNN NLOlVKnw,a awa:.x r V rtGTm MNs R!+?Ra1 rt0 GO,lrrYGTaa ORl1aaM G Sh161nCLMHLLGOnTNC TOOrffAR art r.nw.ortw. sow.n tM+oaasvr cwarwaaN s. nwra wawa wcxve.ra}n we+.sv.ce oew.aro w+>,ewrxs wr aTuan oarweTan EXISTING / DEMOLITION FLOOR PLAN %AW: va• . ro no._vnw,.n.m wrta Cry. ,, cw.rt.nnr rto.ovn wsrw roort ras. anovr, vMr1.ObC N IaaOY rIO VrtRf N VGSfghYl. wwer�.air rnro rn warns w:ns r,�n N ero» w.ruo ww.,wn�r}wr: crofNa cna.s aro.. w 1tWM1 �A�Rw NO MMY/DwMMC�C4irN6 TO rrtert onrcunexra„c a. uwrrw.rrtnro.c rxsrm casworo. ert.,o n.rta w.orr cnu.n rKa+warns ro�craoew rssnvee mrerm sioca rr.ua rws w. ruanen �. 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JY9rNnl' Lurff M•Mb HLRfUrrD GnNrwC[n; rit[rMC rwl ICI, rfM, a, usNa. w�m M'faRTOrMwK OOMrO}MMG VIEW OF LOBBY LOOKING EAST 1 PAY PHONES 3 TRANSITION FROM LOBBY TO ADJACENT CONCRETE FLOOR 6 V it" CJI' LC�l�T LCJCJKINC� SCJU I H 2 VIEN OF LOBBY LOOKING NEST 4 TOILET PARTITIONS SOUTHEAST CORNER OF LOBBY 5 THRESHOLD AT VESTIBULE 8 A2A M .� 9 T GO+11tAGT«iWLATKTtMTA6 MfJYdTr�nZry. rsiu,cc eex>. cra+.> snTwa. ,w�rc runu�e>, nv.c uian. r>.cr noc< AI-0 Au acAro cn+.c�a m mAr 2 GPtI%+GT«WLLCOOr?Nn'G'�1V Mq�rL.nD NYJGD+[nT p ALL CCLf.> GO,+1'GTWTa FTn OI'IXO > GOnM14�OT«YWYGWIVHARHMGMATO t+A�iwnA 9GRN0�f TQ tI>nTLpC1tON D.Rn>TRMI}la?I !RW OO+OYAT, TO GN•1GGim COnNRGTOn ururoa�w.�.w.rwn H>GavKe.ma�ac •. �roRJw/LLMIRGTICn. RENOVATION FLOOR PLAN ,. b.MOCO�CKiG r,LYR rnDw TO WATTN ROc in vp10M6 /RU NO MLTn6110?.. 2 .N+G AnD rANT OOMl.r •tl.1.'CLGM9. Mn G WM A41 ttC.9/.ATCD M ORJMO. IL. >.wr.000.1MD x:cwx> v..mo®uaxr ra,,we. a. e.nrA•Gacne�.,m rivrA.Mvncuarom ,IGA>TrltlD M T1C1t CRbNAt fOfilVrO. .. nu.erro rnwr Mrrw...mcoAn,ATDS »AMD MIeOUD. a. mo+Ke,w,ccrr w.rr«rAGn or w�ro*ixa b>R{VLJ. •. AOACMhJWT a.90.G11MCMO,,p 6GtaAM1u. AOnCiK OGO. d,r.. 09.30.13 1m: 09?1 rtrw«<: r ray<su A� G o., A3 n 9 a m jje 8� a �-- I`� Y 44 = psi s w M m z r -p �Z 411 •z !i €l gal CITIBUS DOWNTOHW TRANSFER PLAZA Cha �( TC,lrveY .RENOVATIONS p i � °�; �,g� o �» ail,' #' I---•�.�, ,,..ram ARCHITECTS, INC. 801 Broadrvac Street (O w r� �• 1, Lubbock. 'eras + / uam. r.w »�a ru (a) u§.IKs -----o n -------- 741kqi�� P-Rawft-142—M big &AM9— M1FACE OF CANOPY - ELEVATION (Typr.AL) & Ma2bILELEVATION (TYPICAL) -IANC c7- fic4cm PEDESTRIAN CANOPY (TYF.) BUS CANOPY (TYPICAL) ui Ul x �ZGANOFY SECTIONS u 6C.M.F, VWW - ro. fj FECeo-TRIAN CANOPY (TYPICAL) bg u rvr 09 00921 Iyn I A51 1 91 7-7 L . ..... r CITIBUS DOWNTOWN TRANSFER PLAZA Cha mdnHary n ey .RENOVATIONS A R C H I T E C T S. I N C. 3' '+ , ,�s+ 1# iiii r ""' 801 Broadu v Street u: y, aw ,wM. ,. tend in-iys '» r <"j+ Lubbock r'esas jtbertr,mn�m ru�eoq-uac Lb' a.,.AA rrd�d �oo� Houbnort� .ruvw v.,naumuyo, u+mt M4L V➢M 141 IYW%JMi YSIMI.Niv YIHY'J Ol AYNORV W ��l d�iW�f 1N10e0W�'m1vM1 pON.10lLLy W4 Qe Off e.V f.11ti1 WtCtl LWe11 l 3lYMaYT' ice rim �> aor cwwnno ro was¢ mm nau m�uu EXISTING RTU TO REMAIN RTU TO BE REPLACED 1 2 SCUPPER AT ENTRY �AL) ROOF FIELD LOOKING WEST tTORpO/I.6 r044u6 TO 1b01 V IVltD •0 i1Ri YiVtlbltontl W YbtKJi mJC TO CCOwp7 EQUIPMENT SCREEN 5 TALL PARAPET (TYPICAL) 8 CORNER PAVILION LOOKING }NEST 110LY KMrt pONGMCIO ROOF DRAIN AND 3 SCUPPER (TYPICAL) �mwan+�Ka�aavrw. TGWMl�l10M �1f V.�Mf <IdV�.�50WOM01@M LON4 PARAPET LOOKING NORTHEAST b e.� 09.30.13 pe 01121 n.anv.• 7. 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