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Transcript
TECHNICAL SPECIFICATIONS
FOR
WHARTON INDEPENDENT SCHOOL DISTRICT
MECHANICAL AND ELECTRICAL IMPROVEMENTS AT
WHARTON HIGH SCHOOL
Issued for Construction
May 8, 2015
2925 Briarpark Drive, Suite 300
Houston, TX 77042
Tel 713.266.6900 Fax 713.266.2089
Firm ID F-2614
TECHNICAL SPECIFICATIONS
FOR
WHARTON INDEPENDENT SCHOOL DISTRICT
MECHANICAL AND ELECTRICAL IMPROVEMENTS AT WHARTON HIGH SCHOOL
TABLE OF CONTENTS
TECHNICAL SPECIFICATIONS
DIVISION 01
GENERAL REQUIREMENTS
SECTION 01 11 00
SUMMARY OF WORK
SECTION 01 30 00
ADMINISTRATIVE REQUIREMENTS
SECTION 01 32 13
CONSTRUCTION SCHEDULES
SECTION 01 33 00
SUBMITTAL PROCEDURES
SECTION 01 33 23
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
SECTION 01 40 00
QUALITY REQUIREMENTS
SECTION 01 50 00
TEMPORARY FACILITIES AND CONTROLS
SECTION 01 61 00
PRODUCT REQUIREMENTS
SECTION 01 70 00
EXECUTION REQUIREMENTS
SECTION 01 74 19
WASTE MATERIAL DISPOSAL
SECTION 01 78 39
PROJECT RECORD DOCUMENTS
DIVISION 05
METALS
SECTION 05 43 00
SLOTTED CHANNEL FRAMING
DIVISION 07
THERMAL AND MOISTURE PROTECTION
SECTION 07 84 00
FIRESTOPPING
TABLE OF CONTENTS
TOC-1
DIVISION 23
MECHANICAL
SECTION 23 05 00
MECHANICAL GENERAL PROVISIONS
SECTION 23 05 13
COMMON MOTOR REQUIREMENTSFOR HVAC EQUIPMENT
SECTION 23 05 29
EQUIPMENT BASES AND SUPPORTS
SECTION 23 05 48
VIBRATION ISOLATION
SECTION 23 05 53
IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT
SECTION 23 05 93
AIR AND WATER BALANCE
SECTION 23 07 00
HVAC INSULATION - GENERAL
SECTION 23 07 16
HVAC EQUIPMENT INSULATION
SECTION 23 07 16.13 CHILLED WATER PUMP INSULATION
SECTION 23 07 19
LOW TEMPERATURE HVAC PIPING INSULATION
SECTION 23 09 00
DDC TEMPERATURE CONTROL
SECTION 23 09 93
SEQUENCE OF OPERATION
SECTION 23 21 13
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
SECTION 23 21 14
HVAC VALVES, STRAINERS AND VENTS - GENERAL
SECTION 23 21 16
HYDRONIC PIPING SPECIALTIES
SECTION 23 21 17
HYDRONIC PUMPS
SECTION 23 22 13.09 CHILLED WATER PIPING
SECTION 23 34 00
FANS
SECTION 23 64 27
AIR – COOLED SCREW CHILLER
SECTION 23 81 43
AIR CONDITIONER – HEAT PUMP SYSTEMS
SECTION 23 82 19
FAN COIL UNITS
DIVISION 26
ELECTRICAL
SECTION 26 05 00
ELECTRICAL GENERAL PROVISIONS
SECTION 26 05 19
INSULATED CONDUCTORS
SECTION 26 05 26
GROUNDING
SECTION 26 05 33
RACEWAYS AND BOXES
TABLE OF CONTENTS
TOC-2
SECTION 26 05 35
WIRING DEVICES
SECTION 26 22 13
DRY TYPE TRANSFORMERS - 600V_500KVA AND BELOW
SECTION 26 24 13
SWITCHBOARDS – 600V AND BELOW
SECTION 26 24 16
PANELBOARDS – DISTRIBUTION AND BRANCH CIRCUITS
SECTION 26 28 13
FUSES - 600V AND BELOW
SECTION 26 28 16
ENCLOSED SAFETY SWITCHES
SECTION 26 43 00
SURGE PROTECTIVE DEVICES (SPD) - 600V AND BELOW
SECTION 26 50 00
LIGHTING FIXTURES AND LAMPS
DIVISION
UTILITIES
SECTION 33 71 19
ELECTRICAL UNDERGROUND DUCTBANKS AND PULLBOXES
TABLE OF CONTENTS
TOC-3
WHARTON ISD
DOCUMENT 00 11 13
NOTICE FOR COMPETITIVE SEALED PROPOSALS
Proposals are invited for Various Mechanical and Electrical Upgrades at Wharton High School. The upgrades
include but are not limited to the replacement of the chillers and selected fan coil units, upgrade of the library
HVAC system, replacement of the hot water boiler for the cafeteria, replacement and reconstruction of the main
electrical distribution service, upgrades to the electrical systems for the replaced HVAC and replacement and
upgrade of the exterior lighting. The District will select an offeror based upon the requirements of Subchapter D,
Chapter 2269, Texas Government Code.
The project site is located at Wharton High School, 1 Tiger Avenue, Wharton Texas 77488.
Competitive sealed proposals will be received at the office of Randy Hill, Assistant Superintendent of Finance at
2100 N Fulton Street, Wharton Texas 77488. Sealed proposals must be received no later than 2 p.m. on May 26,
2015.
The anticipated budget for the project is $500,000.00
Proposals will then be opened publicly. Bid security in the amount of 25 percent of the bid must accompany
each bid.
Copies of the proposal documents may be downloaded at the following electronic mediums:
Leo A Daly Box
https://leoadaly.box.com/s/xh6fhkg2qb2yhr65btvtwsrplm8m8rvx
Wharton ISD Website
whartonisd.net/default.aspx?name=contract
Dodge
http://construction.com/dodge/submit-project.asp
Virtual Builder’s Exchange
[email protected]
Associated Builders and Contractors, Inc.
http://www.abctcb.org/Join_ABC/Plans_Room.aspx
The Owner reserves the right to waive irregularities and to reject any and all proposals.
The District will select the offeror that submits the proposal that offers the best value for the District based solely
on the published selection criteria and ranking evaluation.
NOTICE FOR COMPETITIVE SEALED PROPOSALS
00 11 13 - 1
05-08-15
WHARTON ISD
SELECTION CRITERIA No Category Rating (0‐5) 1. Qualifications Firm’s ability & capacity to perform the work X Weight = Total x 2 = (Current work load) Size of Firm – Can the firm properly staff project with K‐12 experienced people x 3 = Management Approach/Team Relationships x 2 = Financial and Legal Stability x 2 = Extent to which Firm’s services meet District’s needs x 2 = Geographic proximity of firm to WISD x 2 = x 2 = 2. Experience of Personnel 3. K‐12 experience with comparable projects Experience of Firm K‐12 experience with comparable projects x 2 = Past relationship with the District (negative experience will be given rank of 0, no experience will receive rank of 1, positive experience will be ranked 2‐
5) x 5 = Litigation history (no litigation history will receive rank of 5) x 1 = References (including information regarding reputation of the firm and the firms services) x 2 = x 1 = 4. Total long term cost to the District to acquire firm’s services NOTICE FOR COMPETITIVE SEALED PROPOSALS
00 11 13 - 2
05-08-15
WHARTON ISD
5. Firms impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses Cost x 1 = x 25 = x 3 = 6. Overall Impression SUM The Wharton ISD shall select the offeror that submits the proposals that offers the best value for the District
based upon:
(1)
(2)
The selection criteria above and the weighted value for those criteria; and
Its ranking evaluation
The District shall first attempt to negotiate a contract with the selected offeror. The District and its Engineer
may discuss with the selected offeror options for a scope or time modification and any price change associated
with the modification. If the District us unable to negotiate a satisfactory contract with the selected offeror, the
District 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.
Prepared for the Wharton Independent School District, 2100 N Fulton Street Wharton, Texas 77488 phone 979532-3612.
Prepared by Lockwood, Andrews & Newnam, Inc., 2925 Briarpark Drive, Houston, Texas 77042, 713/266-6900.
Dated: May 8, 2015
END OF DOCUMENT
NOTICE FOR COMPETITIVE SEALED PROPOSALS
00 11 13 - 3
05-08-15
TM
Document A101 – 2007
Standard Form of Agreement Between Owner and Contractor where the basis of
payment is a Stipulated Sum
AGREEMENT made as of the
day of
in the year 2015
(In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
Wharton Independent School District
2100 N Fulton Street
Wharton, Texas 77488
P: 979-532-6201
F: 979-532-6228
and the Contractor:
(Name, legal status, address and other information)
for the following Project:
(Name, location and detailed description)
Wharton ISD
Various Mechanical and Electrical Upgrades at Wharton High School
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
AIA Document A201™–2007,
General Conditions of the Contract
for Construction, is adopted in this
document by reference. Do not use
with other general conditions unless
this document is modified.
The Architect/Engineer:
(Name, legal status, address and other information)
Lockwood, Andrews & Newnam, Inc.
8350 North Central Expressway, Suite 1400
Dallas, Texas 75206
(214) 522-8778 Telephone
Any reference herein to "Architect" shall mean the Architect/Engineer identified above.
The Owner and Contractor agree as follows.
Init.
/
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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TABLE OF ARTICLES
1
THE CONTRACT DOCUMENTS
2
THE WORK OF THIS CONTRACT
3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4
CONTRACT SUM
5
PAYMENTS
6
DISPUTE RESOLUTION
7
TERMINATION OR SUSPENSION
8
MISCELLANEOUS PROVISIONS
9
ENUMERATION OF CONTRACT DOCUMENTS
10
INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement, to the extent agreed to in writing by
Owner and Contractor, all of which form the Contract, and are as fully a part of the Contract as if attached to this
Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties
hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of
the Contract Documents, other than a Modification, appears in Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed.)
Work shall commence upon receipt by Contractor of a Notice to Proceed.
If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests,
the Owner’s time requirement shall be as follows:
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than (
) days from the
date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work.)
Init.
/
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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Friday, July 31, 2015.
Portion of Work
Substantial Completion Date
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus payments for early completion of the Work.)
§3.3.1 Liquidated Damages Time is of the essence in this Contract. It is understood and agreed that, if said project
is not completed within the time specified in the Contract plus any extensions of time allowed pursuant thereto, the
actual damages sustained by the Owner because of such delay will be uncertain and difficult of ascertainment
because of potentially differing market environments, lost opportunities, and other factors. It is therefore agreed that
a reasonably foreseeable value of the use of said project by the Owner of $250.00 per day, per school, which the
Contractor shall pay as liquidated damages to the owner for each day’s delay in fully completing said project beyond
the time specified in the Contract and any extensions of such time allowed thereunder. Owner may withhold such
sums from the compensation otherwise to be paid to Contractor.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the
Contract. The Contract Sum shall be
($
), subject to additions and deductions as provided in the Contract
Documents.
§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amount for each and the date when that amount expires.)
§ 4.3 Unit prices, if any:
(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)
Item
Units and Limitations
Price Per Unit ($0.00)
§ 4.4 Allowances included in the Contract Sum, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
Item
Price
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:
§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Fifth (5th) day of a
month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth (30th)
day of the same month. If an Application for Payment is received by the Architect after the application date fixed
Init.
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AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
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above, payment shall be made by the Owner not later than Fifteen ( 15 ) days after the Architect receives the
Application for Payment.
(Federal, state or local laws may require payment within a certain period of time.)
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.
§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment.
§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1
Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5
%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 7.3.9 of AIA Document A201™–2007, General Conditions
of the Contract for Construction;
.2
Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of Five percent ( 5 %);
.3
Subtract the aggregate of previous payments made by the Owner; and
.4
Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of AIA Document A201–2007.
§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
.1
Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 of AIA Document A201–2007 requires release of applicable retainage upon
Substantial Completion of Work with consent of surety, if any.)
.2
Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document
A201–2007.
§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.2 FINAL PAYMENT
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
.1
the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct
Work as provided in Section 12.2.2 of AIA Document A201–2007, and to satisfy other requirements,
if any, which extend beyond final payment; and
.2
a final Certificate for Payment has been issued by the Architect.
Init.
/
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
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§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect’s final Certificate for Payment, or as follows:
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007, unless
the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.
(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)
§ 6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201–2007, the
method of binding dispute resolution shall be as follows:
(Paragraph deleted)
[
] Arbitration pursuant to Section 15.4 of AIA Document A201–2007
[ X ] Litigation in a court of competent jurisdiction
[
]
Other (Specify)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A201–2007.
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2007 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
%
§ 8.3 The Owner’s representative:
(Name, address and other information)
Mr. King Davis, Superintendent of Schools
Wharton Independent School District
2100 N Fulton Street
Wharton, Texas 77488
P: 979-532-6201
F: 979-532-6228
Init.
/
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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§ 8.4 The Contractor’s representative:
(Name, address and other information)
§ 8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the
other party.
§ 8.6 Other provisions:
§ 8.6.1 The subject of this Contract is a public school facility which is governed by School Facilities Standards
promulgated by the State Board of Education and said project must be constructed in compliance with these
Standards. Upon request, Owner and/or its Engineer shall make available information related to the School Facilities
Standards necessary for compliance with said Standards. Owner shall cause Architect to design the Work in
accordance with the School Facility Standards.
§ 8.6.2 The Owner is an organization exempt from Texas taxes. Owner shall not be responsible for sales, consumer,
use, and similar taxes on labor, materials, equipment, systems, and other items purchased for the project which
Wharton Independent School District would ordinarily be exempt.
§ 8.6.3 All provisions in the Contract Documents that mandate arbitration are expressly deleted. The Owner and the
Contractor shall endeavor to settle claims, disputes, and other matters in questions arising out of, or relating to, this
Agreement, or its breach, through direct discussions. If the claim or dispute cannot be so resolved, the Owner and
the Contractor shall then endeavor to settle the claim or dispute through non-binding mediation. If the claim or
dispute is unresolved after the non-binding mediation, the claim or dispute shall be resolved in accordance with the
laws of the State of Texas and venue shall be in Wharton County, Texas.
§ 8.6.4 The Owner and the Contractor waive all rights against each other and against the Contractors, Architect,
consultants, agents, and employees of any of them, for damages, but only to the extent covered by the property
insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in
AIA Document A201 General Conditions of the Contract for Construction, 2007 Edition. The Owner and Contractor
each shall require similar waivers from their Contractors, Engineer, consultants, agents, and persons or entities
awarded separate contracts administered under the Owner’s own forces.
§ 8.6.5 The insurance requirements set out in the Contract Documents are independent from all other obligations of
the Contractor under this Agreement and apply whether or not required by any other provision of this Agreement.
Contractor shall provide all certificates of insurance and performance and payment bonds in compliance with
specifications for the project for review and approval by Owner prior to the commencement of construction.
§ 8.6.5.1 Contractor’s Insurance
.1
Contractor shall purchase and maintain insurance as shall protect Contractor from the claims set forth
below that may arise out of or result from Contractor’s performance of services pursuant to this Agreement.
.1
Claims under Workers’ Compensation, disability benefits and other similar employee benefits acts that are
applicable to the work performed;
.2
Claims for damages because of bodily injury, occupational sickness or disease or death of Contractor’s
employees under any applicable employer’s liability law;
.3
Claims for damages because of bodily injury or death of any person other than Contractor’s employees;
.4
Claims for damages insured by usual personal liability coverage are sustained (1) by any person as a result
of an offense directly related to the employment of such person by Contractor or (2) by any other person;
Init.
/
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
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.5
Claims for damages, other than to the work itself, because of injury to or destruction of tangible property;
.6
Claims for damages because of bodily injury or death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
§ 8.6.5.2 Contractor’s Commercial General Insurance, Automobile Liability Insurance and Professional Liability
Insurance, shall be written for not less than the following limits of liability:
Commercial General Liability
1.
Combines single limits for bodily injury and property damage:
$1,000,000 Each Occurrence
$2,000,000 Aggregate
2.
Comprehensive Automobile Liability
Combined limit for bodily injury and property damage:
$500,000.00 Each Occurrence and Aggregate
3.
Umbrella Liability
Combined limit for bodily injury and property damage:
$2,000,000 Each Occurrence and Aggregate
§ 8.6.5.3 The Contractor shall, as a condition precedent to allowing any subcontractor to proceed with any work on
the Project, either require that the subcontractor provide proof of the existence of workers’ compensation coverage
for its employees, or, at the Contractor’s sole discretion, provide for coverage of the subcontractor’s employees
under the Contractor’s workers’ compensation insurance coverage. The Construction Manager shall maintain
records of all required certificates of insurance provided by the subcontractors, and shall forward copies to the
Owner and the Architect.
§ 8.6.5.4 All insurance policies, except workers compensation, required herein shall name the Owner as an
additional insured, and shall include an unqualified endorsement that such coverage will not be cancelled without at
least thirty (30) days prior written notice to the Owner. Additional insured status shall be provided in favor of the
Owner on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10 01. It is the intent of the parties to this
Agreement that this Additional Insured status shall include coverage for completed operations and for the Owner
Parties concurrent and sole negligence to the extent permitted by Title 2, Subtitle C, Chapter 151 of the Texas
Insurance Code.
§ 8.6.5.5 Satisfactory evidence of insurance required herein shall be provided to Owner not later than five (5)
business days after execution of the Contract by Owner.
§ 8.6.6 Indemnification
§ 8.6.6.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the
Owner, Owner’s consultants, the Contractor, the Contractor’s consultants, the Architect, the Architect’s
consultants, and their agents and employees of any of them (the "Indemnified Parties") against:
Init.
/
1.
All claims arising out of any breach of this contract by Contractor, or a breach of any agreement relating to
the Work or any work performed by any subcontractor (of any tier), or any negligent act, gross negligence,
error or omission by Contractor or any of its subcontractors (of any tier), or any patent or copyright
infringement arising out of the performance of this contract by Contractor or any of its subcontractors (of
any tier).
2.
All liabilities, claims and damages for personal injury, bodily injury (including death) or property damage
(real, personal, tangible or intangible other than the work itself) including injury or death to Contractor’s
employees, together with any and all resulting costs, legal fees, and consultant fees, arising out of or caused
by any act or omission of the Contractor or any of its subcontractors (of any tier) or their agents or
employees.
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
(1867676236)
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THIS INDEMNIFICATION APPLIES, EXCEPT FOR THE INDEMNIFICATION IN PARAGRAPH
8.6.6.1.1 ABOVE, EVEN THOUGH THE MATTER TO BE INDEMNIFIED IS THE RESULT OF THE
CONCURRENT NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES.
The indemnification obligation under this provision shall not be limited by any requirement for insurance or
the furnishing of insurance by Contractor or any subcontractor (of any tier) under the contract. EXCEPT AS
STATED BELOW, CONTRACTOR IS NOT ASSUMING LIABILITY FOR LOSS OR DAMAGE DUE
SOLELY TO THE NEGLIGENCE OF AN INDEMNIFIED PARTY.
IN ADDITION TO THE FOREGOING, THE INDEMNITY OBLIGATIONS OF CONTRACTOR SHALL APPLY
TO CLAIMS, DAMAGES AND LIABILITIES OF THE NATURE IDENTIFIED IN PARAGRAPH 8.6.6.1.1
ABOVE CAUSED BY THE NEGLIGENCE, BUT NOT THE SOLE NEGLIGENCE, OF ANY OF THE
INDEMNIFIED PARTIES TO THE EXTENT, BUT NO FURTHER THAT THE NEGLIGENCE OF ANY
INDEMNIFIED PARTY IS ALLEGED OR PROVEN TO BE BASED UPON (A) THE EXECUTION AND
DELIVERY OF THE CONTRACT DOCUMENTS (B) THE FAILURE TO SUPERVISE, MONITOR OR
CONTROL CONTRACTORS OR ANY OF ITS SUBCONTRACTORS (OF ANY TIER) ACTIVITIES ON OR
ABOUT THE SITE OR OTHERWISE IN RESPECT TO PERFORMANCE OF THE WORK OR (C) A FAILURE
BY ANY OF THE INDEMNIFIED PARTIES TO ENFORCE THE CONTRACTOR’S OBLIGATIONS UNDER
THE CONTRACT DOCUMENTS.
§ 8.6.6.2 In claims against any person or entity indemnified under this Section 8.6.6.1 by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be
liable, the indemnification obligation under Section 8.6.6 shall not be limited by a limitation on amount or type of
damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’
compensation acts, disability benefit acts or other employee benefit acts.
§ 8.6.6.3 The obligations of the Contractor under paragraph 8.6.6.1 shall not extend to the liability of the
Contractors, Consultants, Architect, the Architect’s consultants, a registered engineer, and agents and employees of
any of them for damage that is caused by or results from (1) defects in plans, designs or specifications prepared,
approved, or used by the Architect or engineer or negligence of the Architect or engineer in the rendition or conduct
of professional duties called for, or arising out of the Construction Documents; and (2) arises from personal injury or
death, property injury, or any other expense that arises from personal injury, death or property injury.
§ 8.6.7 Venue. The Contract shall be governed by the law of the place where the Project is located, which is
Wharton County, Texas.
§ 8.6.8 Warranty. The Contractor shall be responsible for the coordination of warranty work, if any during the first
year following acceptance of the project by Owner.
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated
in the sections below.
§ 9.1.1 The Agreement is this executed AIA Document A101–2007, Standard Form of Agreement Between Owner
and Contractor.
§ 9.1.2 The General Conditions are AIA Document A201–2007, General Conditions of the Contract for
Construction.
§ 9.1.3 The Supplementary and other Conditions of the Contract:
Document
Title
Date
Pages
§ 9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Init.
/
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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Section
Title
Date
Pages
§ 9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number
Title
Date
Date
Pages
§ 9.1.6 The Addenda, if any:
Number
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any, forming part of the Contract Documents:
.1
AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed by the parties, or the
following:
.2
Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the Contract Documents. AIA
Document A201–2007 provides that bidding requirements such as advertisement or invitation to bid,
Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract
Documents unless enumerated in this Agreement. They should be listed here only if intended to be
part of the Contract Documents.)
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document
A201–2007.
(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document
A201–2007.)
Type of insurance or bond
Commercial General Liability
Statutory Performance Bond
Statutory Payment Bond
Init.
/
Limit of liability or bond amount ($0.00)
See Limits Above
Entire Value of the Contract
Entire Value of the Contract
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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This Agreement entered into as of the day and year first written above.
Init.
/
OWNER (Signature)
CONTRACTOR (Signature)
Mr. King Davis, Superintendent of Schools
Wharton ISD
(Printed name and title)
(Printed name and title)
AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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Additions and Deletions Report for
®
TM
AIA Document A101 – 2007
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 12:51:44 on 05/08/2015.
PAGE 1
AGREEMENT made as of the
day of
in the year 2015
…
Wharton Independent School District
2100 N Fulton Street
Wharton, Texas 77488
P: 979-532-6201
F: 979-532-6228
…
Wharton ISD
Various Mechanical and Electrical Upgrades at Wharton High School
…
The Architect:
The Architect/Engineer:
…
Lockwood, Andrews & Newnam, Inc.
8350 North Central Expressway, Suite 1400
Dallas, Texas 75206
(214) 522-8778 Telephone
Any reference herein to "Architect" shall mean the Architect/Engineer identified above.
PAGE 2
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement, to the extent agreed to in writing by
Owner and Contractor, all of which form the Contract, and are as fully a part of the Contract as if attached to this
Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties
hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of
the Contract Documents, other than a Modification, appears in Article 9.
…
Work shall commence upon receipt by Contractor of a Notice to Proceed.
Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
User Notes:
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PAGE 3
Friday, July 31, 2015.
…
§3.3.1 Liquidated Damages Time is of the essence in this Contract. It is understood and agreed that, if said project
is not completed within the time specified in the Contract plus any extensions of time allowed pursuant thereto, the
actual damages sustained by the Owner because of such delay will be uncertain and difficult of ascertainment
because of potentially differing market environments, lost opportunities, and other factors. It is therefore agreed that
a reasonably foreseeable value of the use of said project by the Owner of $250.00 per day, per school, which the
Contractor shall pay as liquidated damages to the owner for each day’s delay in fully completing said project beyond
the time specified in the Contract and any extensions of such time allowed thereunder. Owner may withhold such
sums from the compensation otherwise to be paid to Contractor.
…
§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Fifth (5th) day of a
month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth (30th)
day of the same month. If an Application for Payment is received by the Architect after the application date fixed
above, payment shall be made by the Owner not later than Fifteen ( 15 ) days after the Architect receives the
Application for Payment.
PAGE 4
.1
.2
Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5
%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 7.3.9 of AIA Document A201™–2007, General Conditions
of the Contract for Construction;
Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of Five percent ( 5 %);
PAGE 5
(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution
below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims
will be resolved by litigation in a court of competent jurisdiction.)
…
[ X ] Litigation in a court of competent jurisdiction
…
Mr. King Davis, Superintendent of Schools
Wharton Independent School District
2100 N Fulton Street
Wharton, Texas 77488
P: 979-532-6201
F: 979-532-6228
Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
User Notes:
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PAGE 6
§ 8.6.1 The subject of this Contract is a public school facility which is governed by School Facilities Standards
promulgated by the State Board of Education and said project must be constructed in compliance with these
Standards. Upon request, Owner and/or its Engineer shall make available information related to the School Facilities
Standards necessary for compliance with said Standards. Owner shall cause Architect to design the Work in
accordance with the School Facility Standards.
§ 8.6.2 The Owner is an organization exempt from Texas taxes. Owner shall not be responsible for sales, consumer,
use, and similar taxes on labor, materials, equipment, systems, and other items purchased for the project which
Wharton Independent School District would ordinarily be exempt.
§ 8.6.3 All provisions in the Contract Documents that mandate arbitration are expressly deleted. The Owner and the
Contractor shall endeavor to settle claims, disputes, and other matters in questions arising out of, or relating to, this
Agreement, or its breach, through direct discussions. If the claim or dispute cannot be so resolved, the Owner and
the Contractor shall then endeavor to settle the claim or dispute through non-binding mediation. If the claim or
dispute is unresolved after the non-binding mediation, the claim or dispute shall be resolved in accordance with the
laws of the State of Texas and venue shall be in Wharton County, Texas.
§ 8.6.4 The Owner and the Contractor waive all rights against each other and against the Contractors, Architect,
consultants, agents, and employees of any of them, for damages, but only to the extent covered by the property
insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in
AIA Document A201 General Conditions of the Contract for Construction, 2007 Edition. The Owner and Contractor
each shall require similar waivers from their Contractors, Engineer, consultants, agents, and persons or entities
awarded separate contracts administered under the Owner’s own forces.
§ 8.6.5 The insurance requirements set out in the Contract Documents are independent from all other obligations of
the Contractor under this Agreement and apply whether or not required by any other provision of this Agreement.
Contractor shall provide all certificates of insurance and performance and payment bonds in compliance with
specifications for the project for review and approval by Owner prior to the commencement of construction.
§ 8.6.5.1 Contractor’s Insurance
.1
Contractor shall purchase and maintain insurance as shall protect Contractor from the claims set forth
below that may arise out of or result from Contractor’s performance of services pursuant to this Agreement.
.1
Claims under Workers’ Compensation, disability benefits and other similar employee benefits acts that are
applicable to the work performed;
.2
Claims for damages because of bodily injury, occupational sickness or disease or death of Contractor’s
employees under any applicable employer’s liability law;
.3
Claims for damages because of bodily injury or death of any person other than Contractor’s employees;
.4
Claims for damages insured by usual personal liability coverage are sustained (1) by any person as a result
of an offense directly related to the employment of such person by Contractor or (2) by any other person;
.5
Claims for damages, other than to the work itself, because of injury to or destruction of tangible property;
.6
Claims for damages because of bodily injury or death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
§ 8.6.5.2 Contractor’s Commercial General Insurance, Automobile Liability Insurance and Professional Liability
Insurance, shall be written for not less than the following limits of liability:
Commercial General Liability
1.
Combines single limits for bodily injury and property damage:
$1,000,000 Each Occurrence
$2,000,000 Aggregate
2.
Comprehensive Automobile Liability
Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
User Notes:
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3
Combined limit for bodily injury and property damage:
$500,000.00 Each Occurrence and Aggregate
3.
Umbrella Liability
Combined limit for bodily injury and property damage:
$2,000,000 Each Occurrence and Aggregate
§ 8.6.5.3 The Contractor shall, as a condition precedent to allowing any subcontractor to proceed with any work on
the Project, either require that the subcontractor provide proof of the existence of workers’ compensation coverage
for its employees, or, at the Contractor’s sole discretion, provide for coverage of the subcontractor’s employees
under the Contractor’s workers’ compensation insurance coverage. The Construction Manager shall maintain
records of all required certificates of insurance provided by the subcontractors, and shall forward copies to the
Owner and the Architect.
§ 8.6.5.4 All insurance policies, except workers compensation, required herein shall name the Owner as an
additional insured, and shall include an unqualified endorsement that such coverage will not be cancelled without at
least thirty (30) days prior written notice to the Owner. Additional insured status shall be provided in favor of the
Owner on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10 01. It is the intent of the parties to this
Agreement that this Additional Insured status shall include coverage for completed operations and for the Owner
Parties concurrent and sole negligence to the extent permitted by Title 2, Subtitle C, Chapter 151 of the Texas
Insurance Code.
§ 8.6.5.5 Satisfactory evidence of insurance required herein shall be provided to Owner not later than five (5)
business days after execution of the Contract by Owner.
§ 8.6.6 Indemnification
§ 8.6.6.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the
Owner, Owner’s consultants, the Contractor, the Contractor’s consultants, the Architect, the Architect’s
consultants, and their agents and employees of any of them (the "Indemnified Parties") against:
1.
All claims arising out of any breach of this contract by Contractor, or a breach of any agreement relating to
the Work or any work performed by any subcontractor (of any tier), or any negligent act, gross negligence,
error or omission by Contractor or any of its subcontractors (of any tier), or any patent or copyright
infringement arising out of the performance of this contract by Contractor or any of its subcontractors (of
any tier).
2.
All liabilities, claims and damages for personal injury, bodily injury (including death) or property damage
(real, personal, tangible or intangible other than the work itself) including injury or death to Contractor’s
employees, together with any and all resulting costs, legal fees, and consultant fees, arising out of or caused
by any act or omission of the Contractor or any of its subcontractors (of any tier) or their agents or
employees.
THIS INDEMNIFICATION APPLIES, EXCEPT FOR THE INDEMNIFICATION IN PARAGRAPH
8.6.6.1.1 ABOVE, EVEN THOUGH THE MATTER TO BE INDEMNIFIED IS THE RESULT OF THE
CONCURRENT NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES.
The indemnification obligation under this provision shall not be limited by any requirement for insurance or
the furnishing of insurance by Contractor or any subcontractor (of any tier) under the contract. EXCEPT AS
STATED BELOW, CONTRACTOR IS NOT ASSUMING LIABILITY FOR LOSS OR DAMAGE DUE
SOLELY TO THE NEGLIGENCE OF AN INDEMNIFIED PARTY.
IN ADDITION TO THE FOREGOING, THE INDEMNITY OBLIGATIONS OF CONTRACTOR SHALL APPLY
TO CLAIMS, DAMAGES AND LIABILITIES OF THE NATURE IDENTIFIED IN PARAGRAPH 8.6.6.1.1
ABOVE CAUSED BY THE NEGLIGENCE, BUT NOT THE SOLE NEGLIGENCE, OF ANY OF THE
INDEMNIFIED PARTIES TO THE EXTENT, BUT NO FURTHER THAT THE NEGLIGENCE OF ANY
Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
User Notes:
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INDEMNIFIED PARTY IS ALLEGED OR PROVEN TO BE BASED UPON (A) THE EXECUTION AND
DELIVERY OF THE CONTRACT DOCUMENTS (B) THE FAILURE TO SUPERVISE, MONITOR OR
CONTROL CONTRACTORS OR ANY OF ITS SUBCONTRACTORS (OF ANY TIER) ACTIVITIES ON OR
ABOUT THE SITE OR OTHERWISE IN RESPECT TO PERFORMANCE OF THE WORK OR (C) A FAILURE
BY ANY OF THE INDEMNIFIED PARTIES TO ENFORCE THE CONTRACTOR’S OBLIGATIONS UNDER
THE CONTRACT DOCUMENTS.
§ 8.6.6.2 In claims against any person or entity indemnified under this Section 8.6.6.1 by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be
liable, the indemnification obligation under Section 8.6.6 shall not be limited by a limitation on amount or type of
damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’
compensation acts, disability benefit acts or other employee benefit acts.
§ 8.6.6.3 The obligations of the Contractor under paragraph 8.6.6.1 shall not extend to the liability of the
Contractors, Consultants, Architect, the Architect’s consultants, a registered engineer, and agents and employees of
any of them for damage that is caused by or results from (1) defects in plans, designs or specifications prepared,
approved, or used by the Architect or engineer or negligence of the Architect or engineer in the rendition or conduct
of professional duties called for, or arising out of the Construction Documents; and (2) arises from personal injury or
death, property injury, or any other expense that arises from personal injury, death or property injury.
§ 8.6.7 Venue. The Contract shall be governed by the law of the place where the Project is located, which is
Wharton County, Texas.
§ 8.6.8 Warranty. The Contractor shall be responsible for the coordination of warranty work, if any during the first
year following acceptance of the project by Owner.
PAGE 9
Commercial General Liability
Statutory Performance Bond
Statutory Payment Bond
See Limits Above
Entire Value of the Contract
Entire Value of the Contract
PAGE 10
Mr. King Davis, Superintendent of Schools
Wharton ISD
Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,
1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:51:44 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
User Notes:
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Certification of Document’s Authenticity
AIA® Document D401™ – 2003
I, Mr. King Davis, Superintendent of Schools, hereby certify, to the best of my knowledge, information and belief,
that I created the attached final document simultaneously with its associated Additions and Deletions Report and this
certification at 12:51:44 on 05/08/2015 under Order No. 3445098305_1 from AIA Contract Documents software
and that in preparing the attached final document I made no changes to the original text of AIA® Document A101™
– 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated
Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated
Additions and Deletions Report.
_____________________________________________________________
(Signed)
_____________________________________________________________
(Title)
_____________________________________________________________
(Dated)
AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by
AIA software at 12:51:44 on 05/08/2015 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
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TM
Document A201 – 2007
General Conditions of the Contract for Construction
for the following PROJECT:
(Name and location or address)
Wharton ISD
Various Mechanical and Electrical Upgrades at Wharton High School
THE OWNER:
(Name, legal status and address)
Wharton Independent School District
2100 N Fulton Street, Wharton, Texas 77488
P: 979-532-6201
THE ARCHITECT/ENGINEER:
(Name, legal status and address)
Lockwood, Andrews & Newnam, Inc.
8350 North Central Expressway, Suite 1400
Dallas, Texas 75206
T: 214-522-8778
Any reference herein to "Architect" shall mean the Architect/Engineer identified above.
TABLE OF ARTICLES
Init.
/
1
GENERAL PROVISIONS
2
OWNER
3
CONTRACTOR
4
ARCHITECT
5
SUBCONTRACTORS
6
CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
7
CHANGES IN THE WORK
8
TIME
9
PAYMENTS AND COMPLETION
10
PROTECTION OF PERSONS AND PROPERTY
11
INSURANCE AND BONDS
12
UNCOVERING AND CORRECTION OF WORK
13
MISCELLANEOUS PROVISIONS
14
TERMINATION OR SUSPENSION OF THE CONTRACT
15
CLAIMS AND DISPUTES
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AIA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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INDEX
(Topics and numbers in bold are section headings.)
Acceptance of Nonconforming Work
9.6.6, 9.9.3, 12.3
Acceptance of Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3
Access to Work
3.16, 6.2.1, 12.1
Accident Prevention
10
Acts and Omissions
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5,
10.2.8, 13.4.2, 13.7, 14.1, 15.2
Addenda
1.1.1, 3.11
Additional Costs, Claims for
3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4
Additional Inspections and Testing
9.4.2, 9.8.3, 12.2.1, 13.5
Additional Insured
11.1.4
Additional Time, Claims for
3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5
Administration of the Contract
3.1.3, 4.2, 9.4, 9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13
Allowances
3.8, 7.3.8
All-risk Insurance
11.3.1, 11.3.1.1
Applications for Payment
4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10,
11.1.3
Approvals
2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10,
4.2.7, 9.3.2, 13.5.1
Arbitration
8.3.1, 11.3.10, 13.1, 15.3.2, 15.4
ARCHITECT
4
Architect, Definition of
4.1.1
Architect, Extent of Authority
2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2,
9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1,
13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1
Architect, Limitations of Authority and
Responsibility
2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2,
4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4,
9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2
Init.
/
Architect’s Additional Services and Expenses
2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4
Architect’s Administration of the Contract
3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5
Architect’s Approvals
2.4, 3.1.3, 3.5, 3.10.2, 4.2.7
Architect’s Authority to Reject Work
3.5, 4.2.6, 12.1.2, 12.2.1
Architect’s Copyright
1.1.7, 1.5
Architect’s Decisions
3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3,
7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1,
13.5.2, 15.2, 15.3
Architect’s Inspections
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5
Architect’s Instructions
3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2
Architect’s Interpretations
4.2.11, 4.2.12
Architect’s Project Representative
4.2.10
Architect’s Relationship with Contractor
1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5,
3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18,
4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5,
9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5,
15.2
Architect’s Relationship with Subcontractors
1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7
Architect’s Representations
9.4.2, 9.5.1, 9.10.1
Architect’s Site Visits
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Asbestos
10.3.1
Attorneys’ Fees
3.18.1, 9.10.2, 10.3.3
Award of Separate Contracts
6.1.1, 6.1.2
Award of Subcontracts and Other Contracts for
Portions of the Work
5.2
Basic Definitions
1.1
Bidding Requirements
1.1.1, 5.2.1, 11.4.1
Binding Dispute Resolution
9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1,
15.3.2, 15.4.1
Boiler and Machinery Insurance
11.3.2
Bonds, Lien
7.3.7.4, 9.10.2, 9.10.3
Bonds, Performance, and Payment
7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
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Building Permit
3.7.1
Capitalization
1.3
Certificate of Substantial Completion
9.8.3, 9.8.4, 9.8.5
Certificates for Payment
4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7,
9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3
Certificates of Inspection, Testing or Approval
13.5.4
Certificates of Insurance
9.10.2, 11.1.3
Change Orders
1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8,
5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10,
8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9,
12.1.2, 15.1.3
Change Orders, Definition of
7.2.1
CHANGES IN THE WORK
2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1,
11.3.9
Claims, Definition of
15.1.1
CLAIMS AND DISPUTES
3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4
Claims and Timely Assertion of Claims
15.4.1
Claims for Additional Cost
3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4
Claims for Additional Time
3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5
Concealed or Unknown Conditions, Claims for
3.7.4
Claims for Damages
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1,
11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6
Claims Subject to Arbitration
15.3.1, 15.4.1
Cleaning Up
3.15, 6.3
Commencement of the Work, Conditions Relating to
2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3,
6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1,
15.1.4
Commencement of the Work, Definition of
8.1.2
Communications Facilitating Contract
Administration
3.9.1, 4.2.4
Completion, Conditions Relating to
3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1,
9.10, 12.2, 13.7, 14.1.2
COMPLETION, PAYMENTS AND
9
Init.
/
Completion, Substantial
4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3,
12.2, 13.7
Compliance with Laws
1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2,
11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1,
14.2.1.3, 15.2.8, 15.4.2, 15.4.3
Concealed or Unknown Conditions
3.7.4, 4.2.8, 8.3.1, 10.3
Conditions of the Contract
1.1.1, 6.1.1, 6.1.4
Consent, Written
3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1,
9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2
Consolidation or Joinder
15.4.4
CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
1.1.4, 6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3,
9.3.1.1
Construction Schedules, Contractor’s
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
15.1.3
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE
5.4.1.1, 11.3.9, 14
Contract Administration
3.1.3, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating
to
3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1
Contract Documents, Copies Furnished and Use of
1.5.2, 2.2.5, 5.3
Contract Documents, Definition of
1.1.1
Contract Sum
3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4,
9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4,
15.2.5
Contract Sum, Definition of
9.1
Contract Time
3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4,
8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2,
15.1.5.1, 15.2.5
Contract Time, Definition of
8.1.1
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
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CONTRACTOR
3
Contractor, Definition of
3.1, 6.1.2
Contractor’s Construction Schedules
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Contractor’s Employees
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3,
11.1.1, 11.3.7, 14.1, 14.2.1.1
Contractor’s Liability Insurance
11.1
Contractor’s Relationship with Separate Contractors
and Owner’s Forces
3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4
Contractor’s Relationship with Subcontractors
1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2,
11.3.1.2, 11.3.7, 11.3.8
Contractor’s Relationship with the Architect
1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5,
3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2,
6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6,
10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1
Contractor’s Representations
3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2
Contractor’s Responsibility for Those Performing the
Work
3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8
Contractor’s Review of Contract Documents
3.2
Contractor’s Right to Stop the Work
9.7
Contractor’s Right to Terminate the Contract
14.1, 15.1.6
Contractor’s Submittals
3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2,
9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2
Contractor’s Superintendent
3.9, 10.2.6
Contractor’s Supervision and Construction
Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4,
7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3
Contractual Liability Insurance
11.1.1.8, 11.2
Coordination and Correlation
1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1
Copies Furnished of Drawings and Specifications
1.5, 2.2.5, 3.11
Copyrights
1.5, 3.17
Correction of Work
2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2
Correlation and Intent of the Contract Documents
1.2
Cost, Definition of
7.3.7
Init.
/
Costs
2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3,
7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6,
11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14
Cutting and Patching
3.14, 6.2.5
Damage to Construction of Owner or Separate
Contractors
3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3,
12.2.4
Damage to the Work
3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4
Damages, Claims for
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1,
11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6
Damages for Delay
6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2
Date of Commencement of the Work, Definition of
8.1.2
Date of Substantial Completion, Definition of
8.1.3
Day, Definition of
8.1.4
Decisions of the Architect
3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3,
7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1,
13.5.2, 14.2.2, 14.2.4, 15.1, 15.2
Decisions to Withhold Certification
9.4.1, 9.5, 9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of
2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2,
9.9.3, 9.10.4, 12.2.1
Definitions
1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1,
15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1
Delays and Extensions of Time
3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7,
10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5
Disputes
6.3, 7.3.9, 15.1, 15.2
Documents and Samples at the Site
3.11
Drawings, Definition of
1.1.5
Drawings and Specifications, Use and Ownership of
3.11
Effective Date of Insurance
8.2.2, 11.1.2
Emergencies
10.4, 14.1.1.2, 15.1.4
Employees, Contractor’s
3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2,
10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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Equipment, Labor, Materials or
1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1,
4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3,
9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2
Execution and Progress of the Work
1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5,
3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2,
9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3
Extensions of Time
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2,
10.4, 14.3, 15.1.5, 15.2.5
Failure of Payment
9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2
Faulty Work
(See Defective or Nonconforming Work)
Final Completion and Final Payment
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5,
12.3, 14.2.4, 14.4.3
Financial Arrangements, Owner’s
2.2.1, 13.2.2, 14.1.1.4
Fire and Extended Coverage Insurance
11.3.1.1
GENERAL PROVISIONS
1
Governing Law
13.1
Guarantees (See Warranty)
Hazardous Materials
10.2.4, 10.3
Identification of Subcontractors and Suppliers
5.2.1
Indemnification
3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2,
11.3.7
Information and Services Required of the Owner
2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5,
9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1,
13.5.2, 14.1.1.4, 14.1.4, 15.1.3
Initial Decision
15.2
Initial Decision Maker, Definition of
1.1.8
Initial Decision Maker, Decisions
14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Initial Decision Maker, Extent of Authority
14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4,
15.2.5
Injury or Damage to Person or Property
10.2.8, 10.4
Inspections
3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3,
9.9.2, 9.10.1, 12.2.1, 13.5
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2
Init.
/
Instruments of Service, Definition of
1.1.7
Insurance
3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11
Insurance, Boiler and Machinery
11.3.2
Insurance, Contractor’s Liability
11.1
Insurance, Effective Date of
8.2.2, 11.1.2
Insurance, Loss of Use
11.3.3
Insurance, Owner’s Liability
11.2
Insurance, Property
10.2.5, 11.3
Insurance, Stored Materials
9.3.2
INSURANCE AND BONDS
11
Insurance Companies, Consent to Partial Occupancy
9.9.1
Intent of the Contract Documents
1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4
Interest
13.6
Interpretation
1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1
Interpretations, Written
4.2.11, 4.2.12, 15.1.4
Judgment on Final Award
15.4.2
Labor and Materials, Equipment
1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1,
4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3,
9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2
Labor Disputes
8.3.1
Laws and Regulations
1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1,
10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6,
14, 15.2.8, 15.4
Liens
2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8
Limitations, Statutes of
12.2.5, 13.7, 15.4.1.1
Limitations of Liability
2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7,
4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3,
11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2
Limitations of Time
2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7,
5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3,
9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5,
11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15
Loss of Use Insurance
11.3.3
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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Material Suppliers
1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5
Materials, Hazardous
10.2.4, 10.3
Materials, Labor, Equipment and
1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13,
3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3,
9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2
Means, Methods, Techniques, Sequences and
Procedures of Construction
3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2
Mechanic’s Lien
2.1.2, 15.2.8
Mediation
8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3,
15.4.1
Minor Changes in the Work
1.1.1, 3.12.8, 4.2.8, 7.1, 7.4
MISCELLANEOUS PROVISIONS
13
Modifications, Definition of
1.1.1
Modifications to the Contract
1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7,
10.3.2, 11.3.1
Mutual Responsibility
6.2
Nonconforming Work, Acceptance of
9.6.6, 9.9.3, 12.3
Nonconforming Work, Rejection and Correction of
2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4,
12.2.1
Notice
2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7,
9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2,
14.1, 14.2, 15.2.8, 15.4.1
Notice, Written
2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10,
10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8,
15.4.1
Notice of Claims
3.7.4, 10.2.8, 15.1.2, 15.4
Notice of Testing and Inspections
13.5.1, 13.5.2
Observations, Contractor’s
3.2, 3.7.4
Occupancy
2.2.2, 9.6.6, 9.8, 11.3.1.5
Orders, Written
1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1,
13.5.2, 14.3.1
OWNER
2
Owner, Definition of
2.1.1
Init.
/
Owner, Information and Services Required of the
2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2,
9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1,
13.5.2, 14.1.1.4, 14.1.4, 15.1.3
Owner’s Authority
1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2,
4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1,
7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1,
9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3,
13.2.2, 14.3, 14.4, 15.2.7
Owner’s Financial Capability
2.2.1, 13.2.2, 14.1.1.4
Owner’s Liability Insurance
11.2
Owner’s Relationship with Subcontractors
1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2
Owner’s Right to Carry Out the Work
2.4, 14.2.2
Owner’s Right to Clean Up
6.3
Owner’s Right to Perform Construction and to
Award Separate Contracts
6.1
Owner’s Right to Stop the Work
2.3
Owner’s Right to Suspend the Work
14.3
Owner’s Right to Terminate the Contract
14.2
Ownership and Use of Drawings, Specifications
and Other Instruments of Service
1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12,
5.3
Partial Occupancy or Use
9.6.6, 9.9, 11.3.1.5
Patching, Cutting and
3.14, 6.2.5
Patents
3.17
Payment, Applications for
4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1,
14.2.3, 14.2.4, 14.4.3
Payment, Certificates for
4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1,
9.10.3, 13.7, 14.1.1.3, 14.2.4
Payment, Failure of
9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2
Payment, Final
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3,
13.7, 14.2.4, 14.4.3
Payment Bond, Performance Bond and
7.3.7.4, 9.6.7, 9.10.3, 11.4
Payments, Progress
9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3
PAYMENTS AND COMPLETION
9
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Payments to Subcontractors
5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2
PCB
10.3.1
Performance Bond and Payment Bond
7.3.7.4, 9.6.7, 9.10.3, 11.4
Permits, Fees, Notices and Compliance with Laws
2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION
OF
10
Polychlorinated Biphenyl
10.3.1
Product Data, Definition of
3.12.2
Product Data and Samples, Shop Drawings
3.11, 3.12, 4.2.7
Progress and Completion
4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3
Progress Payments
9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3
Project, Definition of
1.1.4
Project Representatives
4.2.10
Property Insurance
10.2.5, 11.3
PROTECTION OF PERSONS AND PROPERTY
10
Regulations and Laws
1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1,
10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14,
15.2.8, 15.4
Rejection of Work
3.5, 4.2.6, 12.2.1
Releases and Waivers of Liens
9.10.2
Representations
3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1,
9.8.2, 9.10.1
Representatives
2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1,
5.1.2, 13.2.1
Responsibility for Those Performing the Work
3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10
Retainage
9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3
Review of Contract Documents and Field
Conditions by Contractor
3.2, 3.12.7, 6.1.3
Review of Contractor’s Submittals by Owner and
Architect
3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data and
Samples by Contractor
3.12
Init.
/
Rights and Remedies
1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1,
6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4,
13.4, 14, 15.4
Royalties, Patents and Copyrights
3.17
Rules and Notices for Arbitration
15.4.1
Safety of Persons and Property
10.2, 10.4
Safety Precautions and Programs
3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4
Samples, Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11, 3.12, 4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2, 9.3.1
Schedules, Construction
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
Separate Contracts and Contractors
1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2
Shop Drawings, Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.11, 3.12, 4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
Site Inspections
3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5
Site Visits, Architect’s
3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5
Special Inspections and Testing
4.2.6, 12.2.1, 13.5
Specifications, Definition of
1.1.6
Specifications
1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14
Statute of Limitations
13.7, 15.4.1.1
Stopping the Work
2.3, 9.7, 10.3, 14.1
Stored Materials
6.2.1, 9.3.2, 10.2.1.2, 10.2.4
Subcontractor, Definition of
5.1.1
SUBCONTRACTORS
5
Subcontractors, Work by
1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2,
9.6.7
Subcontractual Relations
5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1
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Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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Submittals
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3,
9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3
Submittal Schedule
3.10.2, 3.12.5, 4.2.7
Subrogation, Waivers of
6.1.1, 11.3.7
Substantial Completion
4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3,
12.2, 13.7
Substantial Completion, Definition of
9.8.1
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
4.1.3
Substitutions of Materials
3.4.2, 3.5, 7.3.8
Sub-subcontractor, Definition of
5.1.2
Subsurface Conditions
3.7.4
Successors and Assigns
13.2
Superintendent
3.9, 10.2.6
Supervision and Construction Procedures
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4,
7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3
Surety
5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7
Surety, Consent of
9.10.2, 9.10.3
Surveys
2.2.3
Suspension by the Owner for Convenience
14.3
Suspension of the Work
5.4.2, 14.3
Suspension or Termination of the Contract
5.4.1.1, 14
Taxes
3.6, 3.8.2.1, 7.3.7.4
Termination by the Contractor
14.1, 15.1.6
Termination by the Owner for Cause
5.4.1.1, 14.2, 15.1.6
Termination by the Owner for Convenience
14.4
Termination of the Architect
4.1.3
Termination of the Contractor
14.2.2
TERMINATION OR SUSPENSION OF THE
CONTRACT
14
Init.
/
Tests and Inspections
3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,
9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5
TIME
8
Time, Delays and Extensions of
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7,
10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5
Time Limits
2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2,
5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3,
9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5,
13.7, 14, 15.1.2, 15.4
Time Limits on Claims
3.7.4, 10.2.8, 13.7, 15.1.2
Title to Work
9.3.2, 9.3.3
Transmission of Data in Digital Form
1.6
UNCOVERING AND CORRECTION OF
WORK
12
Uncovering of Work
12.1
Unforeseen Conditions, Concealed or Unknown
3.7.4, 8.3.1, 10.3
Unit Prices
7.3.3.2, 7.3.4
Use of Documents
1.1.1, 1.5, 2.2.5, 3.12.6, 5.3
Use of Site
3.13, 6.1.1, 6.2.1
Values, Schedule of
9.2, 9.3.1
Waiver of Claims by the Architect
13.4.2
Waiver of Claims by the Contractor
9.10.5, 13.4.2, 15.1.6
Waiver of Claims by the Owner
9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6
Waiver of Consequential Damages
14.2.4, 15.1.6
Waiver of Liens
9.10.2, 9.10.4
Waivers of Subrogation
6.1.1, 11.3.7
Warranty
3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7
Weather Delays
15.1.5.2
Work, Definition of
1.1.3
Written Consent
1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5,
9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2
Written Interpretations
4.2.11, 4.2.12
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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Written Notice
2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7,
9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14,
15.4.1
Init.
/
Written Orders
1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1,
15.1.2
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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ARTICLE 1 GENERAL PROVISIONS
§ 1.1 BASIC DEFINITIONS
§ 1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the
Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in
the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment
to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the
Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms,
other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or
proposal, or portions of Addenda relating to bidding requirements.
§ 1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the
Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner
and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the
Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the
Contract intended to facilitate performance of the Architect’s duties.
§ 1.1.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.
§ 1.1.4 THE PROJECT
The Project is the total construction of which the Work performed under the Contract Documents may be the whole
or a part and which may include construction by the Owner and by separate contractors.
§ 1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.
§ 1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,
equipment, systems, standards and workmanship for the Work, and performance of related services.
§ 1.1.7 INSTRUMENTS OF SERVICE
Instruments of Service are representations, in any medium of expression now known or later developed, of the
tangible and intangible creative work performed by the Architect and the Architect’s consultants under their
respective professional services agreements. Instruments of Service may include, without limitation, studies,
surveys, models, sketches, drawings, specifications, and other similar materials.
§ 1.1.8 INITIAL DECISION MAKER
The Initial Decision Maker is the person identified in the Agreement to render initial decisions or recommendations
on Claims in accordance with Section 15.2.2.
§1.1.8 ARCHITECT
Any reference herein to the "Architect" shall mean the Architect/Engineer identified above regardless of whether the
text notes "Architect" or "Engineer."
§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
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one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent
consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall
not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be
performed by any trade.
§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
§ 1.2.4 INTENT OF DRAWINGS
§ 1.2.4.1 Drawings are in part diagrammatic, and do not necessarily show complete details of construction, materials,
or their performance, or installation, and do not necessarily show how construction details or other items of work or
fixtures or equipment may affect any particular installation. These shall be ascertained by the Contractor from the
Architect and correlated to bring the parts together to a complete whole.
§ 1.2.4.2 All dimensions shall be verified by field measurements and all work laid out to permit pipes, valves,
ductwork, lights, panels, other items of construction, to be located as closely as possible to locations shown. All
items shall be checked before installation to determine that they can be concealed properly, if appropriate, and that
they clear any structural components, supports for other items, and cabinets and equipment or other mechanical,
electrical or architectural items having fixed locations.
§ 1.2.4.3 Work shall be laid out to assure ready accessibility to valves, fittings, and other items requiring servicing,
adjustment or checking.
§ 1.2.4.4 Actual physical dimensions of specified stock items shall govern over dimensions shown for work to
receive stock items. Custom items or modified stock items shall be fabricated to dimensions shown, or to fit into
other dimensioned work.
§ 1.2.4.5 If Work is required in a manner which makes it impossible to produce the specified quality of Work, or
should errors, omissions, or discrepancies exist in the Contract Documents, the Contractor shall request in writing an
interpretation before proceeding with Work. If Contractor fails to make such a written request, no excuse or claim
will thereafter be entertained for failure to carry out Work in a satisfactory manner as specified by Contract
Documents. Should conflict occur in or between Drawings and Specifications which should reasonably have been
ascertained by the Contractor, Contractor is deemed to have estimated and included in the Contract Sum the more
expensive way of doing the Work unless the Contractor shall have asked for and obtained a written decision before
submission of the Guaranteed Maximum Price proposal to the Owner.
§ 1.2.5 In the event of conflicts or discrepancies among Contract Documents, interpretations will be based on the
following priorities:
.1
.2
.3
.4
.5
.6
Modifications to the Agreement, with those of later date having precedence over those of earlier date;
the Agreement;
Supplemental Conditions;
General Conditions of the Contract for Construction;
Special Conditions;
Drawings and Specifications.
§ 1.2.6 RELATION OF SPECIFICATIONS AND DRAWINGS: The Drawings and specifications are
correlative and have equal authority and priority. Should they disagree in themselves, or with each other, base the
proposals on the most expensive combination of quality and quantity of work indicated. The appropriate method of
performing the Work, in the event of the above mentioned disagreements, will be made by the Architect. After
award of the contract, and if necessary, an appropriate reduction in the contract will be accomplished by change
order. The Work is to be furnished if shown on the Drawings and not in the Specification or vice versa.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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§ 1.2.7 If Drawings and Specifications are not in concurrence regarding quantity or quality, Contractor shall request
interpretation from the Architect.
§ 1.2.8 OPTIONAL MATERIALS, BRANDS AND PROCESSES: When more than one is specified for a
particular item of Work, the choice shall be the Contractor’s. The final selection of color and pattern will be made
from the range available within the option selected by the Contractor, unless the item is specified to match a specific
color or sample furnished. Where particular items are specified only products of those named manufacturers are
acceptable. Certain specified construction and equipment details may not be regularly included as part of the named
manufacturer’s standard catalog equipment but shall be provided by the manufacturer as required for the proper
functioning of the equipment. Reasonable minor variations in equipment are expected and will be acceptable;
however, indicated and specified performance and material requirements are minimum, and will be required in
addition to standard accessories. The Architect reserves the right to determine the equality of equipment and
materials that deviate from any of the indicated and specified requirements.
§ 1.2.9 Diagrammatic indications of piping, ducts, conduit, and other similar items are subject to adjustment to
obtain required grading, passage over, under or around obstructions, to avoid exposure to finished areas, or
unsightly, obstructing conditions. Contractor shall be responsible for coordination of these adjustments and
recommending alternate solutions whenever design details affect construction feasibility, costs, or schedules.
§ 1.2.10 All manufactured articles, materials, and equipment shall be incorporated into the Work in accordance with
the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract
Documents.
§ 1.3 CAPITALIZATION
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of
numbered articles or (3) the titles of other documents published by the American Institute of Architects.
§ 1.4 INTERPRETATION
In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in
another is not intended to affect the interpretation of either statement.
§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
§ 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and
other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or
equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to
meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as
publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.
§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to
use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All
copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service.
The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the
Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the
specific written consent of the Owner, Architect and the Architect’s consultants.
§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM
If the parties intend to transmit Instruments of Service or any other information or documentation in digital form,
they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already
provided in the Agreement or the Contract Documents.
ARTICLE 2 OWNER
§ 2.1 GENERAL
§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization.
Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means
the Owner or the Owner’s authorized representative.
§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information
necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such
information shall include a correct statement of the record legal title to the property on which the Project is located,
usually referred to as the site, and the Owner’s interest therein.
§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 2.2.1 Intentionally omitted.
§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures or for permanent
changes in existing facilities. Contractor shall pay for all permit fees and inspection fees required for performance of
the Work other than inspection and testing fees which the Owner contracts for separately with a third party, and
Certificates of Occupancy fees. All of such fees shall be considered Cost of the Work unless the Contractor is
required to pay for them without reimbursement due to the Contractor’s fault under other provisions of the Contract
Documents.
§ 2.2.3 If requested in writing to do so by the Contractor prior to the start of the work, the Owner may, at the
Owner’s sole discretion, furnish surveys describing physical characteristics, legal limitations and utility locations for
the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of
information furnished by the Owner unless the Contractor knows or should reasonably know the information is
incorrect or deficient, and has reported the same to the Architect and the Owner, with the understanding that THE
OWNER DOES NOT IN ANY WAY REPRESENT, WARRANT OR GUARANTY TO CONTRACTOR OR TO
ANY OTHER PERSON THE RELIABILITY, CONSTRUCTABILITY, COMPLETENESS, OR ACCURACY OF
ANY SURVEYS, REPORTS, STUDIES, TESTS, ARCHITECTURAL OR ENGINEERING PLANS, OR
SIMILAR INFORMATION PROVIDED BY OWNER IN CONNECTION WITH THIS CONTRACT, NOR DOES
THE OWNER REPRESENT, WARRANT OR GUARANTY THAT SUCH INFORMATION IS FREE FROM
DEFECTS, ERRORS OR DEFICIENCIES, AND ALL SUCH REPRESENTATIONS, WARRANTIES AND
GUARANTIES ARE HEREBY EXPRESSLY DENIED AND DISCLAIMED. The Owner shall not be liable to the
Contractor or any other person for breach of warranty or misrepresentation in the event of any errors or deficiencies
in such information provided to the Contractor by the Owner. The Owner’s provision of a survey will not relieve
the Contractor from its obligations to examine the site or exercise proper precautions relating to the safe
performance of the Work.
§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with
reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control
and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the
Contractor’s written request for such information or services.
§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of
the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
§ 2.3 OWNER’S RIGHT TO STOP THE WORK
If the Contractor, after reasonable notice and opportunity to cure. but in no event longer than ten (10) days, fails to
correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2
or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may, at the Owner’s
discretion, issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such
order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part
of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.
§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner
may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from
payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including
Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the
Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor
shall pay the difference to the Owner.
§ 2.5
OWNER’S RIGHT TO OCCUPY THE PROJECT
§ 2.5.1 The Owner shall have the right to occupy or use without prejudice to the right of either party, any
completed on largely completed portions of the project, notwithstanding the time for completing the entire Work or
such portions that may not have expired. Such occupancy and use shall not constitute acceptance of any work not in
accordance with the Contract Documents. The Project is a two phase project.
ARTICLE 3 CONTRACTOR
§ 3.1 GENERAL
§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the
jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have
express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means
the Contractor or the Contractor’s authorized representative.
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents and shall perform the
Work in a good and workmanlike manner except where the Contract Documents expressly specify a higher degree
of finish or workmanship.
§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests,
inspections or approvals required or performed by persons or entities other than the Contractor.
§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,
become generally familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the
Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as
the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing
conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor
shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the
Contractor as a request for information in such form as the Architect may require. It is recognized that the
Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional,
unless otherwise specifically provided in the Contract Documents.
§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable
laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor
shall promptly report to the Architect any nonconformity in the Contract Documents with applicable laws, statutes,
ordinances, codes, rules and regulations, or lawful orders of public authorities that is discovered by or made known
to the Contractor as a request for information in such form as the Architect or Owner may require. The Owner is not
required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances,
codes, rules and regulations, or lawful orders of public authorities.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the
Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or
3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations
of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been
avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the
Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or
omissions in the Contract Documents, for differences between field measurements or conditions and the Contract
Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules
and regulations, and lawful orders of public authorities.
§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The
Contractor shall be solely responsible for, and have control over, construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract
Documents give other specific instructions concerning these matters. If the Contract Documents give specific
instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall
evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite
safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means,
methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the
Owner and Architect and shall not proceed with that portion of the Work without further written instructions from
the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques,
sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely
responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences
or procedures.
§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or
on behalf of, the Contractor or any of its Subcontractors.
§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition to receive subsequent Work.
§ 3.4 LABOR AND MATERIALS
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections
3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the
Architect and in accordance with a Change Order or Construction Change Directive.
§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other
persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly
skilled in tasks assigned to them.
THE CONTRACTOR RELEASES, INDEMNIFIES AND HOLDS HARMLESS THE OWNER FOR
CONTRACTOR’S FORCES’ NON-COMPLIANCE WITH OWNER’S DRUG-FREE, ALCOHOL-FREE,
WEAPON-FREE, HARASSMENT-FREE AND TOBACCO-FREE ZONES, OR CONTRACTOR’S FORCES’
NON-COMPLIANCE WITH CRIMINAL LAW, OR CONTRACTOR’S OR SUBCONTRACTOR’S FORCES’
NON-COMPLIANCE WITH IMMIGRATION LAWS OR REGULATIONS. Any individual found by Owner to
have violated these restrictions is subject to permanent removal from the Project, at Owner’s request. Contractor
shall place similar language in its subcontract agreements, requiring its Subcontractors and Sub-subcontractors to be
responsible for their own forces and Contractor shall cooperate with the Owner to ensure Subcontractor and
Sub-subcontractor compliance.
§ 3.4.4 PREVAILING WAGES
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§ 3.4.4.1 Attention is called to the Texas Government Code, Chapter 2258, Prevailing Wage Rates (the "Chapter").
Among other things, the Chapter provides that it shall be mandatory upon the Contractor and upon any
subcontractor under him to pay not less than the prevailing rates of per diem wages in the locality at the time of
construction to all laborers, workmen, and mechanics employed by them in the execution of the Contract.
§ 3.4.4.2
In accordance therewith, the Owner has established a scale of prevailing wages as determined by the United States
Department of Labor in accordance with the Davis-Bacon Act (20 U.S.C. section 276a et. seq.) and not less than this
established scale must be paid on the Project. Any workers not included in the schedule shall be properly classified
and paid not less than the rate of wages prevailing in the locality of the Work at the time of construction. The wage
scale shall be the most recent scale adopted by the United States Department of Labor for projects located in
Wharton County, Texas. The appropriate wage scale is attached hereto and incorporated herein.
§ 3.4.4.3 A Contractor of Subcontractor who violates the provisions of Supplementary Conditions 3.4.4.1 or 3.4.4.2
shall pay to Owner the sum of Sixty Dollars and no/100 ($60.00) for each worker employed for each calendar day or
part of the day that the worker is paid less than the wage rate stipulated in the scale of prevailing wages applicable to
this Project, as required by Texas Government Code Section 2258.023(b).
§3.4.4.4 Records
§3.4.4.4.1 A contractor and subcontractor shall keep a record showing:
(1) the name and occupation of each worker employed by the contractor or subcontractor in the
construction of the work; and
(2) the actual per diem wages paid to each worker.
The record shall be open at all reasonable hours to inspection by the officers and agents of Del Valle
Independent School District.
DVISD may request samples of Contractor’s and Subcontractor’s payrolls at its discretion. Contractor and
Subcontractor shall deliver such samples promptly upon demand. DVISD may conduct, at its discretion,
wage-related interviews of any worker at the sites of the work without prior warning to the Contractor or
Subcontractor.
Payment greater than the prevailing wage is not prohibited.
§ 3.4.5 Contractor will, before any duties are performed on Owner’s property where students are regularly present,
and at least annually thereafter, obtain national criminal history record information that relates to any employee,
applicant, agent or Subcontractor of the Contractor, if the person has or will have continuing duties related to the
Project, and the duties are or will be performed on Owner’s property or at another location where students are
regularly present. The criminal history records shall be obtained from the clearinghouse provided by §411.0845 of
the Texas Government Code. Contractor shall assume all expenses associated with the background checks, and
shall immediately remove any employee or agent who was convicted of: (1) a felony under Title 5 of the Texas
Penal Code; (2) an offense conviction of which will require the individual to register as a sex offender; or (3) an
offense under the laws of another state that is equivalent to (1) or (2) above.
§ 3.4.6 IDENTIFICATION OF EMPLOYEES
§ 3.4.6.1 Contractor is responsible for the "badging" of workers and employees on the jobsite for identification.
Contractor shall furnish photo identifications of all workers and employees and ensure that all workers and
employees are badged and identifiable at all time.
§ 3.5 WARRANTY
§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the
Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The
Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be
free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit, and
that the Work will be performed in a good and workmanlike manner. Work, materials, or equipment not conforming
to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or
defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
§ 3.5.1.1 In the event of failure of materials, products, or workmanship, either during construction or the warranty
period (which shall be one year from the date of substantial completion, except where a longer period is specified),
the Contractor shall take appropriate measures to assure correction or replacement of the defective items, whether
notified by the Owner or Architect. Items of work first performed after substantial completion shall have their
warranties extended by the period of time between substantial completion and the actual performance of the work.
§ 3.5.1.2 Refer to warranty forms which will be required prior to final payment.
§ 3.5.1.3 In the event an item under warranty fails, the Contractor shall extend the original warranty period by a
length of time equal to the elapsed time which occurs from the notification in writing by the Owner or a warranty
claim until acknowledgement by the Owner that the claim has been resolved.
§ 3.5.2 GUARANTEE
§ 3.5.2.1 Except where otherwise stipulated in the contract documents, the Contractor shall provide a written
guarantee for all materials and workmanship furnished under this contract for a period of one (1) year after the date
of final acceptance of the work, by the Owner, and shall repair and make good, without expense to the Owner, any
and all defects in his work which may develop within that time.
§ 3.5.2.2 All required guarantees shall be submitted to the Architect on approved forms before the project will be
accepted.
§ 3.5.2.3 Not more than 45 days before the termination of the various guarantee periods, the Contractor shall
accompany the Owner and the Architect on an inspection tour of the project and shall note any defects and shall start
remedying these defects within ten (10) days of the inspection tour and shall execute the work without interruption
until accepted by the Owner and the Architect; even though such execution may extend beyond the limit of the
guarantee period.
§ 3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are
legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled
to go into effect. Owner is an exempt entity under the tax laws of the State of Texas. The Owner represents that this
Project is eligible for exemption for the State Sales Tax on tangible personal property and material incorporated in
the project, provided that the Contractor fulfills the requirements of the Limited Sale, Excise and Use Tax Rules and
Regulations. For the purpose of establishing exemption, it is understood and agreed that the Contractor may be
required to segregate materials and labor costs at the time a Contract is awarded, and will accept a Certificate of
Exemption from the Owner. Contractor shall obtain Certificates of Resale from their suppliers and shall make the
Contractor or Sub-Contractor responsible for absorbing the tax, without compensation from Owner. Contractor
hereby RELEASES, INDEMNIFIES AND HOLDS HARMLESS Owner from any and all claims and demands
made as a result of the failure of Contractor or any Sub-Contractor to comply with the provisions of any or all such
laws and regulations.
§ 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS
§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contract and legally
required at the time bids are received or negotiations concluded.
§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,
rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility
for such Work and shall bear the costs attributable to correction.
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1)
subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions
are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly
investigate such conditions and, if the Architect determines that they differ materially and cause an increase or
decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an
equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions
at the site are not materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the
reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as
provided in Article 15.
§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial
markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately
suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such
notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume
the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but
shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the
Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in
Article 15.
§ 3.8 ALLOWANCES
§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,
but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable
objection.
§ 3.8.2 Unless otherwise provided in the Contract Documents,
.1
Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discounts;
.2
Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but
not in the allowances; and
.3
Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted
accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference
between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs
under Section 3.8.2.2.
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.
§ 3.9 SUPERINTENDENT
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance
at the Project site during performance of the Work. The superintendent shall represent the Contractor, and
communications given to the superintendent shall be as binding as if given to the Contractor.
§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner
through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14
days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the
proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply
within the 14 day period shall constitute notice of no reasonable objection.
§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent,
which shall not unreasonably be withheld or delayed.
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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§ 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES
§ 3.10.1 The Contractor, within Fifteen (15) days after being awarded the Contract, shall prepare and submit for the
Owner’s and Architect’s review and approval a Contractor’s construction schedule for the Work. The schedule shall
not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by
the conditions of the Work and Project and, upon such revision, shall be submitted to Architect and Owner for their
review and approval, shall be related to the entire Project to the extent required by the Contract Documents or the
Owner or Architect, and shall provide for expeditious and practicable execution of the Work.
3.10.1.1 If any updated schedule exceeds the time limits set forth in the Contract Documents for completion of the
Work, the Contractor shall include with the updated schedule a statement of the reasons for the anticipated
delay in completion of the Work and the Contractor’s planned course of action for completing the Work
within the time limits, inclusive of previously accepted time extensions, set forth in the Contract
Documents. If the Contractor asserts that the failure of the Owner or the Architect to provide information
to the Contractor is the reason for anticipated delay in completion, the Contractor shall also specify what
information is required from the Owner or Architect.
§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter
as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval.
The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be
coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review
submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase
in Contract Sum or extension of Contract Time based on the time required for review of submittals.
§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to
the Owner and Architect.
§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE
§ 3.11.1 The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda,
Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections
made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required
submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the
Owner upon completion of the Work as a record of the Work as constructed, and shall be signed by the Contractor
certifying to Owner thereby that they show complete and "as-built" conditions, stating sizes, kinds of materials, vital
piping, conduit locations, and similar matters.
§ 3.11.2 Contractor shall at all times maintain job records, including, but not limited to, invoices, payment records,
payroll records, daily reports, logs, diaries, and job meeting minutes, applicable to the project. Contractor shall make
such reports and records available to inspection by the Owner, Architect, or their respective agents, within five (5)
working days of request by Owner, Architect, or their respective agents.
§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of
the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams
and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards
by which the Work will be judged.
§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose
is to demonstrate the way by which the Contractor proposes to conform to the information given and the design
concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents
require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.
Submittals that are not required by the Contract Documents may be returned by the Architect without action.
§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in
accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal
schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of
the Owner or of separate contractors.
§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to
the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified
materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and
coordinated the information contained within such submittals with the requirements of the Work and of the Contract
Documents.
§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal
and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been
approved by the Architect.
§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved
of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect
in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific
deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued
authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop
Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof.
§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the
absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions.
§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of
architecture or engineering unless such services are specifically required by the Contract Documents for a portion of
the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s
responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be
required to provide professional services in violation of applicable law. If professional design services or
certifications by a design professional related to systems, materials or equipment are specifically required of the
Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria
that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a
properly licensed design professional, whose signature and seal shall appear on all drawings, calculations,
specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings
and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear
such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled
to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or
provided by such design professionals, provided the Owner and Architect have specified to the Contractor all
performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will
review, approve or take other appropriate action on submittals only for the limited purpose of checking for
conformance with information given and the design concept expressed in the Contract Documents. The Contractor
shall not be responsible for the adequacy of the performance and design criteria specified in the Contract
Documents.
§ 3.12.11 The Contractor shall provide composite drawings within four (4) weeks of execution of the Agreement
showing how all piping, ductwork, lights, conduit and equipment, etc. will fit into the ceiling space allotted,
including clearances required by the manufacturer, by Code, or in keeping with good construction practice. Space
for all trade elements must be considered on the same drawing. Drawings shall be 1/4" per foot minimum scale and
shall include invert elevations, elevation views and sections required to meet the intended purpose. Trades required
to participate include, but are not necessarily limited to structural, mechanical, plumbing, fire sprinkler, electrical,
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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expires on 05/06/2016, and is not for resale.
User Notes:
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data and special systems.
§ 3.13 USE OF SITE
§3.13.1The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances,
codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not
unreasonably encumber the site with materials or equipment.
§ 3.13.2 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on
the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly
removed from the Project site. Protection of construction material and equipment stored at the Project site from
weather, theft, damage and all other adversity is solely the responsibility of the Contractor.
§ 3.13.3 Contractor shall ensure that the Work, at all times, is performed in a manner that affords the Owner
reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be
performed, to the fullest extent possible, in such a manner that public areas adjacent to the site of the Work shall be
free from all debris, building material and equipment likely to cause hazardous conditions. Without limitation of
any other provision of the Contract Documents, Contractor shall use its best efforts to minimize any interference
with the occupancy or beneficial use of any area and buildings adjacent to the site or the Work.
§ 3.13.4 Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing
facilities at the Project site, including, without limitation, lavatories, toilets, entrance and parking areas other than
those designated by the Owner. Without limitation of any other provision of the Contract Documents, the
Contractor shall use its best efforts to comply with all rules and regulations promulgated by the Owner in connection
with the use and occupancy of the Project site.
§ 3.14 CUTTING AND PATCHING
§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to
make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition
existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.
§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by
excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor
except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s
consent to cutting or otherwise altering the Work.
§ 3.15 CLEANING UP
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or
rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste
materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about
the Project.
§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner
shall be entitled to reimbursement from the Contractor.
§ 3.15.3 The Contractor shall be responsible for damaged or broken glass, and at completion of the Work, shall
replace such damaged or broken glass.
§ 3.16 ACCESS TO WORK
The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever
located.
§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement
of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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shall not be responsible for such defense or loss when a particular design, process or product of a particular
manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are
contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the
Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a
patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the
Architect.
§ 3.18 INDEMNIFICATION
(Paragraphs deleted)
§ 3.18.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the
Owner, Owner’s consultants, the Contractor, the Contractor’s consultants, the architect, the architect’s
consultants, and their agents and employees of any of them (the "Indemnified Parties") against:
1.
All claims arising out of any breach of this contract by Contractor, or a breach of any agreement relating to
the Work or any work performed by any subcontractor (of any tier), or any negligent act, gross negligence,
error or omission by Contractor or any of its subcontractors (of any tier), or any patent or copyright
infringement arising out of the performance of this contract by Contractor or any of its subcontractors (of
any tier).
2.
All liabilities, claims and damages for personal injury, bodily injury (including death) or property damage
(real, personal, tangible or intangible) including injury or death to Contractor’s employees, together with
any and all resulting costs, legal fees, and consultant fees, arising out of or caused by any act or omission of
the Contractor or any of its subcontractors (of any tier) or their agents or employees.
THIS INDEMNIFICATION APPLIES, EXCEPT FOR THE INDEMNIFICATION IN PARAGRAPH
3.18.1.1 ABOVE, EVEN THOUGH THE MATTER TO BE INDEMNIFIED IS THE RESULT OF THE
CONCURRENT NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES.
The indemnification obligation under this provision shall not be limited by any requirement for insurance or
the furnishing of insurance by Contractor or any subcontractor (of any tier) under the contract. EXCEPT AS
STATED BELOW, CONTRACTOR IS NOT ASSUMING LIABILITY FOR LOSS OR DAMAGE DUE
SOLELY TO THE NEGLIGENCE OF AN INDEMNIFIED PARTY.
IN ADDITION TO THE FOREGOING, THE INDEMNITY OBLIGATIONS OF CONTRACTOR SHALL APPLY
TO CLAIMS, DAMAGES AND LIABILITIES OF THE NATURE IDENTIFIED IN PARAGRAPH 3.18.1.2
ABOVE CAUSED BY THE NEGLIGENCE, BUT NOT THE SOLE NEGLIGENCE, OF ANY OF THE
INDEMNIFIED PARTIES TO THE EXTENT, BUT NO FURTHER THAT THE NEGLIGENCE OF ANY
INDEMNIFIED PARTY IS ALLEGED OR PROVEN TO BE BASED UPON (A) THE EXECUTION AND
DELIVERY OF THE CONTRACT DOCUMENTS (B) THE FAILURE TO SUPERVISE, MONITOR OR
CONTROL CONTRACTORS OR ANY OF ITS SUBCONTRACTORS (OF ANY TIER) ACTIVITIES ON OR
ABOUT THE SITE OR OTHERWISE IN RESPECT TO PERFORMANCE OF THE WORK OR (C) A FAILURE
BY ANY OF THE INDEMNIFIED PARTIES TO ENFORCE THE CONTRACTOR’S OBLIGATIONS UNDER
THE CONTRACT DOCUMENTS.
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be
liable, the indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of
damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’
compensation acts, disability benefit acts or other employee benefit acts.
§ 3.18.3 The obligations of the Contractor under paragraph 3.18.1 shall not extend to the liability of the Contractor
the Contractor’s Consultants, Architect, the Architect’s consultants, a registered engineer, and agents and employees
of any of them for damage that is caused by or results from (1) defects in plans, designs or specifications prepared,
approved, or used by the Architect or engineer or negligence of the Architect or engineer in the rendition or conduct
of professional duties called for, or arising out of the Construction Documents; and (2) arises from personal injury or
death, property injury, or any other expense that arises from personal injury, death or property injury.
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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ARTICLE 4 ARCHITECT
§ 4.1 GENERAL
§ 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing
architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the
Agreement and is referred to throughout the Contract Documents as if singular in number.
§ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents
shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect.
Consent shall not be unreasonably withheld.
§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom
the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the
Architect.
§ 4.2 ADMINISTRATION OF THE CONTRACT
§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be
an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment.
The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract
Documents.
§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed
with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed,
and to determine in general if the Work observed is being performed in a manner indicating that the Work, when
fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will
not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or
procedures, or for the safety precautions and programs in connection with the Work, since these are solely the
Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.
§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract
Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and
deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the
Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or
charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or any other persons or entities performing portions of the Work.
§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
The Owner and Contractor shall endeavor to communicate with each other through the Architect about matters
arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be through
the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor.
Communications by and with separate contractors shall be through the Owner.
§ 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review
and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the
Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,
material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the
Work.
§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The Architect’s action will be
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved
submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional
judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for
installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the
Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect’s review shall not constitute approval
of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods,
techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor
changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and
recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date
of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the
Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and
assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section
9.10. In the event Architect is required to perform more than one inspection to determine the date or dates of
Substantial Completion or final completion due to Contractor’s failure to meet the conditions for such completion,
Contractor shall be responsible for paying or reimbursing Owner for the cost of any Additional Services charged by
Architect under the agreement between Owner and Architect.
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in
carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of
such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
§ 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests
will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable
from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not
show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith.
§ 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent
expressed in the Contract Documents.
§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The
Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with
reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and
Specifications in response to the requests for information.
ARTICLE 5 SUBCONTRACTORS
§ 5.1 DEFINITIONS
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of
the Work at the site, away from the site, or otherwise to furnish labor or materials. The term "Subcontractor" is referred
to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or
subcontractors of a separate contractor. The term "Subcontractor" includes persons supplying materials or
equipment for the Work.
§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to
perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the
Sub-subcontractor.
§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of
persons or entities (including those who are to furnish materials or equipment fabricated to a special design)
proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in
writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or
entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within
the 14-day period shall constitute notice of no reasonable objection.
§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the
Contractor has made reasonable objection.
§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the
Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but
rejected Subcontractor was reasonably capable of performing the Work and was rejected for a reason other than
good cause, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any,
occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute
Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change
unless the Contractor has acted promptly and responsively in submitting names as required. Any change order must
comply with subparagraph 7.1.4 of these General Conditions. "Good cause" shall include, but not be limited to,
Owner or Architect’s prior experience of unsatisfactory work performed by the Subcontractor or debarment of the
Subcontractor.
§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or
Architect makes reasonable objection to such substitution.
§ 5.3 SUBCONTRACTUAL RELATIONS
By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be
performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume
toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the
Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each
subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract
Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not
prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract
agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract
Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into
similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor,
prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor
will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of
the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will
similarly make copies of applicable portions of such documents available to their respective proposed
Sub-subcontractors.
§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided
that
.1
assignment is effective only after termination of the Contract by the Owner and only for those
subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in
writing;
.2
assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract;
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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.3
.4
such assignment shall not constitute a waiver by Owner of any of its rights against Contractor,
because of defaults, delays and defects for which a Subcontractor or material vendor may also be
liable; and
the subcontractor provides bonds as required by law of prime contractors, and by Owner.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and
obligations under the subcontract, provided, however, that Owner does not assume Contractor’s obligations or
liabilities for defaults occurring prior to Owner’s assumption, or for the payment to the subcontractor or supplier for
Work, if payment for such Work has previously been made to Contractor. Such liabilities or obligations shall remain
with Contractor.
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s
compensation shall be equitably adjusted for increases in cost resulting from the suspension. Any change orders
increasing the Subcontractor’s compensation must comply with Article 7.
§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to
a successor contractor or other entity.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
§ 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s
own forces, and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these including those
portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.
§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations
on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes
each separate Owner-Contractor Agreement.
§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate
contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with
other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any
revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction
schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until
subsequently revised.
§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations
related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations
and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without
excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
§ 6.2 MUTUAL RESPONSIBILITY
§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
Contractor’s construction and operations with theirs as required by the Contract Documents.
§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by
the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly
report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable
for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that
the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the
Contractor’s Work, except as to defects not then reasonably discoverable.
§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate
contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly
timed activities, damage to the Work or defective construction.
§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially
completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5.
§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are
described for the Contractor in Section 3.14. If such separate contractor initiates a claim or legal or any other
proceedings against the Owner on account of any damage alleged to have been caused by the Contractor, the Owner
shall notify the Contractor, who shall defend such proceedings at its own expense, and if any judgment or award
against the Owner arises therefrom, based on Contractor’s act or omissions or the act or omissions of Contractor’s
employees, Subcontractor or parties for whom Contractor has liability, the Contractor shall pay or satisfy it and shall
reimburse the Owner for all attorneys’ fees and court or other costs which the Owner has incurred over and above
those paid for directly by the Contractor.
§ 6.2.6 The Contractor shall be responsible for any delays to a separate contractor caused by the Contractor or its
Subcontractor.
§ 6.3 OWNER’S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the
Owner may clean up and the Architect will allocate the cost among those responsible.
ARTICLE 7 CHANGES IN THE WORK
§ 7.1 GENERAL
§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the
Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the
limitations stated in this Article 7 and elsewhere in the Contract Documents.
§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction
Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive
or order for a minor change in the Work.
§ 7.1.4 Notwithstanding any provision in this Article 7 to the contrary, changes in the Work must be made in
accordance with the following: (i) No change shall materially reduce the gross square footage to be contained in the
Project, cause the Project to fail to comply with Subchapter CC, Rule 61.1033 (School Facilities) Title 19, Chapter
61 of the Texas Administrative Code, or materially alter the basic layout of the Project, or involve the use of
materials which will not at least equal in quality to the materials originally specified in or required by the Plans and
Specifications, or the Contract unless Owner has previously consented (which consent shall not be unreasonably
withheld, conditioned, or delayed), (ii) no change may be approved in excess of $25,000 without Owner’s prior
written consent (which consent shall not be unreasonably withheld, conditioned, or delayed), and all changes for the
Project shall not aggregate more than 25% without the prior written consent of the Owner (which consent shall not
be unreasonably withheld, conditioned, or delayed).
§ 7.2 CHANGE ORDERS
§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and
Architect stating their agreement upon all of the following:
.1
The change in the Work;
.2
The amount of the adjustment, if any, in the Contract Sum; and
.3
The extent of the adjustment, if any, in the Contract Time.
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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§ 7.3 CONSTRUCTION CHANGE DIRECTIVES
§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and
Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract
Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes
in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the
Contract Sum and Contract Time being adjusted accordingly.
§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change
Order.
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be
based on one of the following methods:
.1
Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation;
.2
Unit prices stated in the Contract Documents or subsequently agreed upon;
.3
Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or
percentage fee; or
.4
As provided in Section 7.3.7.
§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
Contractor, the applicable unit prices shall be equitably adjusted.
§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in
the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any,
provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or
Contract Time.
§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith,
including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall
be effective immediately and shall be recorded as a Change Order.
§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract
Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and
savings of those performing the Work attributable to the change, including, in case of an increase in the Contract
Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the
Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present,
in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data.
Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to
the following:
.1
Costs of labor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers’ compensation insurance;
.2
Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or
consumed;
.3
Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor or others;
.4
Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to
the Work; and
.5
Additional costs of supervision and field office personnel directly attributable to the change.
§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a
net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and
credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall
be figured on the basis of net increase, if any, with respect to that change.
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor
may request payment for Work completed under the Construction Change Directive in Applications for Payment.
The Architect will make an interim determination for purposes of monthly certification for payment for those costs
and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be
reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis
as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.
§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the
adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such
agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be
issued for all or any part of a Construction Change Directive.
§ 7.3.11 All proposals for a change involving an increase or decrease in the amount of the Contract Sum shall be
submitted by the Construction Manager in a completely itemized breakdown form acceptable to the Owner that shall
include, but not be limited to, the following:
a.
b.
c.
d.
e.
f.
Material quantities and input prices (separated into trades).
Labor costs.
Construction equipment.
Worker’s Compensation and Commercial General Liability insurance and other insurance required by
the Contract Documents.
Social Security Tax.
General Conditions.
The Contractor shall furnish spreadsheets from which the breakdowns were prepared, plus spreadsheets, if requested
by Owner, from any Subcontractor.
Full credit, but without overhead, shall be given for deductions.
§ 7.4 MINOR CHANGES IN THE WORK
The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be
effected by written order signed by the Architect and shall be binding on the Owner and Contractor. Architect will
notify Owner in writing of such changes at the time ordered.
§ 7.5
ALLOWABLE MARKUPS FOR CHANGES IN THE WORK
§ 7.5.1 The allowance for the combined overhead and profit included in the total cost to the Owner shall be based
on the following schedule:
.1
For the Contractor for work performed by the Contractor’s own forces, a maximum make up of 10 percent
of that cost, or as described in the AIA A101-2007 if project is procured through the Competitive Sealed Proposal
method.
.2
For the Contractor for work performed by the Contractor’s Subcontractor(s), 5 percent of the amount due
the Subcontractor (s), or as described in the AIA A101-2007 if project is procured through the Competitive Sealed
Proposal method.
.3
For each Subcontractor of Sub-subcontractor involved, for work performed by that Subcontractor’s or
Sub-subcontractor’s own forces, 10 percent of the cost.
.4
For each Subcontractor for work performed by the Subcontractor’s Sub-subcontractor’s, 5 percent of the
amount due the Sub-subcontractor(s).
.5
Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph
7.3.7.
.6
In order to facilitate checking of quotations for extras or credits, all competitive proposals of contractors,
Subcontractors, and Sub-subcontractors, (except those so minor that their propriety can be seen by inspection) shall
be accompanied by a complete and detailed work sheet showing itemization of costs including labor, materials and
other costs.
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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ARTICLE 8 TIME
§ 8.1 DEFINITIONS
§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the Work.
§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.
§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically
defined.
§ 8.2 PROGRESS AND COMPLETION
§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement
the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely
commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be
furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the
effective date of such insurance.
§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion
within the Contract Time.
§ 8.3 DELAYS AND EXTENSIONS OF TIME
(Paragraphs deleted)
§8.3.1 If the Contractor is delayed at any time in progress of the work by an act or neglect of the Owner or
Architect/Engineer, or of an employee of either or of a separate contractor employed by the Owner, or by changes
ordered in the Work, or by occurrences beyond the control and without the fault or negligence of Contractor and
which by the exercise of reasonable diligence Contractor is unable to prevent or provide against, including area wide
industry labor disputes (other than disputes limited to the work force of, or provided by, the Contractor or its
Subcontractors), fire, unusual delay in deliveries not reasonably anticipatable, unavoidable casualties or by other
occurrences which the Architect/Engineer, subject to Owner’s approval, determines may justify delay, then,
provided that Contractor is in compliance with Paragraph 6.6 hereof, the contract Time shall be extended by
Change Order or Construction Change Directive for the length of time actually and directly caused by such
occurrence as determined by Architect/Engineer and approved by Contractor and Owner (such approval not to be
unreasonably withheld, delayed or conditioned); provided, however, that such extension of Contract Time shall be
net of any delays caused by or due to the fault or negligence of Contractor or which are otherwise the responsibility
of Contractor and shall also be net of any contingency or "float" time allowance included in Contractor’s
construction schedule. Contractor shall, in the event of any occurrence likely to cause a delay, cooperate in good
faith with Architect/Engineer and Owner to minimize and mitigate the impact of any such occurrence and do all
things reasonable under the circumstances to achieve this goal. Notwithstanding anything herein to the contrary,
extension of time provided for the completion of the Work shall be Contractor’s sole remedy for delay, unless the
same shall have been caused by acts constituting intentional interference by Owner with Contractor’s performance
of the Work and where to the extent that such acts of Owner continue after Contractor’s notice to Owner of such
interference. Owner’s exercise of any of its rights under the contract, including without limitation, its rights under
Article 6, Changes in the Work, regardless of the extent or number of such changes or Owner’s exercise of any of its
remedies of suspension of the Work or requirement of correction or re-execution of any defective Work, shall not
under any circumstances be construed as intentional interference with Contractor’s performance of the Work.
§8.3.2The Contractor shall not be entitled to compensation for delays of any kind whatsoever, including, but not
limited to delays caused by Acts of God, strikes, disputes with subcontractors, shortages in materials, and conduct of
the Owner or Owner’s agents, except when the contractor suffers direct and unavoidable extra cost due to active
interference, bad faith, or misrepresentation on the part of the Owner, or Owner’s authorized representative, and the
contractor furnishes a written statement thereof to the Owner with thirty (30) days of the delay in accordance with
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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the terms of this Contract for providing notice. Any claims under this provision shall be resolved as provided
herein, or if not so agreed to in this Contract, as allowed by law.
§8.3.3 Interruption
§8.3.3.1 The Contractor shall provide adequate and proper protection to the existing buildings and premises
occupied by the Owner during the execution and completion of work required under these specifications and the
accompanying drawings in such manner that the Owner’s operations work is being done without interference,
interruption, or inconvenience.
§ 8.3.4 Weather Delays
§8.3.4.1Adverse weather conditions not reasonably anticipatible have been set after reviewing historical weather
patterns. Historical weather patterns have been reviewed and the following weather delay averages shall be
anticipated by the contractor:
January
February
March
April
3 days
3 days
2 days
3 days
May
June
July
August
4 days
3 days
2 days
2 days
September
October
November
December
4 days
3 days
3 days
3 days
Weather delays beyond the anticipated days may be submitted by the Contractor to the Architect for review and
forwarded to the Owner for consideration. Owner’s review and consideration will be upon documented delay in
Contractor’s work and progress caused by weather. Delays will only be considered for time extension for that
portion of the work during which the delay occurred.
§ 8.3.5 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.6 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of
the Contract Documents. Any provision of the Contract Documents to the contrary notwithstanding, it is
expressly agreed that the extension of the Contract Time shall be Contractor’s sole remedy for any delay
unless the same shall have been caused by acts constituting interference by the Owner which interfere with
Contractor’s performance of the work, and then only to the extent that such acts continue after Contractor’s
written notice to Owner of such interference. Owner’s exercise of any of its rights under the Contract
Documents or Owner’s exercise of any of its remedies of suspension of the Work or requirement or correction
or re-execution of any defective Work shall not, under any circumstances, be construed as interference with
Contractor’s performance of the Work.
ARTICLE 9 PAYMENTS AND COMPLETION
§ 9.1 CONTRACT SUM
The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by
the Owner to the Contractor for performance of the Work under the Contract Documents.
§ 9.2 SCHEDULE OF VALUES
Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the
Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the
various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as
the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing
the Contractor’s Applications for Payment.
§ 9.3 APPLICATIONS FOR PAYMENT
§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under
Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by
such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract
Documents.
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in
the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the
Architect, but not yet included in Change Orders.
§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the
Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by
others whom the Contractor intends to pay.
§ 9.3.1.3 All progress payment requests shall be accompanied by (i) an itemization of all Subcontractors and material
suppliers, the amounts due each and the amounts to be paid out of said progress payment to each of them and (ii) by
unconditional lien waivers releasing all liens and lien rights with respect to Work for which Owner has made
payment under a prior progress payment request in a form reasonably satisfactory to Owner from Contractor and all
its subcontractors and material suppliers with contracts in excess of $25,000.00. When Contractor submits its
request for payment of retainage, Contractor shall submit "All Bills Paid" affidavits and unconditional final lien
waivers fully releasing all liens and lien rights with respect to the Work in a form reasonably satisfactory to Owner
from Contractor and all its Subcontractors and material suppliers with contracts in excess of $25,000.00.
Applications for Payment shall be certified as correct by Contractor. Each Application for Payment shall also be
accompanied by Certified Payrolls and such other affidavits, certificates, information, data and schedules as Owner
may reasonably require. The Owner is not required to make any payment to Contractor to the extent reasonably
necessary to protect Owner if Contractor has not supplied all items required by the Agreement, this Section 9.3.1
and its subparts, or any other provision of the Contract Documents.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance
by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location
agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such
materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable
insurance, storage and transportation to the site for such materials and equipment stored off the site. Upon payment
by the Owner of the invoiced cost, title to all such materials and equipment shall irrevocably pass to the Owner.
The Contractor warrants that title to all materials and equipment covered by an Application for Payment will pass to
the Owner upon the receipt of payment by the Contractor. Such title shall be free and clear of all liens, claims,
security interests or encumbrances. No work, material or equipment covered by an Application for Payment shall
be subject to an agreement under which an interest is retained or an encumbrance is attached by the seller, the
Contractor, or other party.
§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner
no later than the time of payment. The Contractor further warrants that upon submittal of an Application for
Payment all Work for which Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to the Work.
§ 9.3.4 Contractor agrees (1) to subordinate its mechanics’ or materialmen’s lien or any other claim against any part
of the Work of the Project on which the Work is performed or materials furnished under the Contract Documents to
the valid and perfected liens securing payment of sums now or hereafter borrowed by Owner, its successors and
assigns, in connection with the development, design, or construction of the Project as contemplated by the
Construction Documents, provided that the holders of such superior liens expressly agree to provide Contractor with
notice of Owner’s default and allow Contractor a reasonable period of time in which to cure Owner’s default, and
(2) that the required subordinations are made in consideration of and as an inducement to the execution and delivery
of the Contract Documents, and shall be applicable despite any dispute between or among Owner, Contractor, or any
Subcontractor or any default by Owner, Contractor, or and Subcontractor under the Contract Documents or any
other subcontract or contract relating to the Project. This Agreement subject to 35.521 of the Tex. Bus. & Com.
Code, not-withstanding anything to the contrary contained herein.
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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§ 9.4 CERTIFICATES FOR PAYMENT
§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue
to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines
is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding
certification in whole or in part as provided in Section 9.5.1.
§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,
based on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the
best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that
the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to
an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion
and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance
of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous
on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material
suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made
examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION
§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary
to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot
be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the
Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised
amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to
make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of
subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to
such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor
is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of
.1
defective Work not remedied;
.2
third party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Contractor;
.3
failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
.4
reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5
damage to the Owner or a separate contractor;
.6
reasonable evidence that the Work will not be completed within the Contract Time, and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
or
.7
repeated failure to carry out the Work in accordance with the Contract Documents.
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
§ 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the
Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the
Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such
payment on the next Certificate for Payment.
§ 9.6 PROGRESS PAYMENTS
§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
within the time provided in the Contract Documents, and shall so notify the Architect.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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§ 9.6.2 The Contractor will receive the payments made by Owner and will hold such payments in trust to be applied
first to the payment of Subcontractors and any other parties furnishing labor, materials, equipment or services for the
Work in accordance with the provisions of their subcontracts. The Contractor shall pay each Subcontractor no later
than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled,
reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion
of the Work, and before using any part of the payment from the Owner for any other purpose. The Contractor shall,
by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to
Sub-subcontractors in a similar manner. If the Contractor has failed to make payment promptly to the Contractor’s
subcontractors or for materials or labor used in the Work for which the Owner has made payment to the Contractor,
the Owner shall be entitled to withhold payment to the Contractor in part or in whole to the extent necessary to
protect the Owner.
§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages
of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on
account of portions of the Work done by such Subcontractor.
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly
paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for
subcontracted Work. The Owner shall have the right to contact Subcontractors at all times to ascertain whether they
have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of
money to a Subcontractor, except as may otherwise be required by law. Progress payments may, in the discretion of
Owner, be made in the form of checks payable jointly to the Contractor and such parties. In the event Owner
receives any notices of non-payment from parties furnishing labor, materials, equipment or services for the Work,
progress payments and/or final payment may, in the discretion of Owner, be made in the form of checks payable
jointly to the Contractor and such parties for such amounts as the Contractor agrees or the Owner determines are
due. Notwithstanding any other provision in the Contract Documents, neither the Owner nor Architect shall
have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be
required by law.
§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that
provided in Sections 9.6.2, 9.6.3 and 9.6.4.
§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
money to be placed in a separate account and not commingled with money of the Contractor, shall create any
fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity
to an award of punitive damages against the Contractor for breach of the requirements of this provision.
§ 9.7 FAILURE OF PAYMENT
If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days
after the date established in the Contract Documents the amount certified by the Architect or awarded by binding
dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect,
stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of
shut-down, delay and start-up, plus interest as provided for in the Contract Documents.
§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use. Operation and maintenance data shall have been submitted and approved, system
demonstrations have been performed, and a certificate of occupancy shall have been issued before Substantial
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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Completion can be achieved. The Work will not be considered suitable for Substantial Completion review until all
required governmental inspections and certifications have been made and posted, all final finishes within the
Contract Documents are in place as required by the Specifications, and there shall have been a completion of and
acceptance by Owner of all major punch-list items and a majority of minor items of a cosmetic nature, so that the
Owner could occupy or otherwise utilize the Project on that date and the completion of the Work by the Contractor
would not materially interfere or hamper the Owner’s (or those claiming by, through or under the Owner) normal
business operations. As a further condition of Substantial Completion acceptance, the Contractor shall certify that all
remaining Work will be completed within thirty (30) consecutive calendar days following the date of Substantial
Completion. In the event substantial completion is not achieved by the designated dated, or as it may be extended,
Owner may withhold payment of any further sums due until substantial completion is achieved. Owner shall also
be entitled to deduct out of any sums due to Contractor any or all liquidated damages due Owner in accordance with
the Agreement Between the Owner and Construction Manager.
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
§ 9.8.2.1 The Contractor’s Project Manager or superintendent shall participate in the preparation of the Contractor’s
punch list that is submitted to the Architect and Owner for supplementation. Upon receipt, the Architect shall
perform a spot review to determine the adequacy and completeness of the Contractor’s punch list. Should the
Architect determine that the Contractor’s punch list lacks sufficient detail or requires extensive supplementation, the
punch list will be returned to the Contractor for further inspection and revision. The date of Substantial Completion
will be delayed until the punch list submitted is a reasonable representation of the work to be done.
§ 9.8.2.2 Upon receipt of an acceptable Contractor’s punch list, the Contractor’s Superintendent shall accompany
the Architect, his Consultants and the Owner (at his discretion) during their inspections and the preparation of verbal
or written additions to the Contractor’s punch list. The Contractor’s Project Manager or Superintendent shall record
or otherwise take notes of all supplementary items and incorporate into the Final Punch List. A typed, addition to the
supplements to the punch list will be made by the Contractor. This procedure will produce a Final Punch List that
has the Contractors, Architects, Consultants and Owner’s comments incorporated in only one list.
§ 9.8.2.3 The Contractor’s Project Manager or Superintendent shall have been in attendance during the inspections
of the Architect and his Consultants and will have been expected to take his own notes for addition to the Final
Punch List.
§ 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not
included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so
that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to
determine Substantial Completion.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish
responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion
of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
Architect is obligated under the agreement between Owner and Architect to make only a limited number of site
visits to determine dates of Substantial Completion. Any fee which Owner incurs for additional site visits of
Architect for determination of Substantial Completion will be at the expense of Contractor. Owner will deduct
amount of Architect’s compensation for re-inspection services from final payment or, at the Owner’s discretion, may
require the Contractor to reimburse the Owner for such costs directly.
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if
any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment
shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
§ 9.8.5.1
After the date of Substantial Completion of the project as evidenced by the Certificate of
Substantial Completion, 1992 Edition, the Contractor will be allowed a period of sixty (60) days, unless extended by
mutual agreement or provision of the Contract, within which to complete all work and correct all deficiencies
contained in the punch list attached to the Certificate of Substantial Completion. Failure by the Contractor to
complete such corrections within the stipulated time will be reported to the Contractor’s surety. In the report of
deficiency the Contractor and surety will be informed that, should correction remain incomplete for thirty (30)
additional days, the Owner will initiate action to complete corrective work out of the remaining contract funds in
accordance with Article 14.2. Additional costs of the Owner, Architect, and other consultants incurred because of
the Contractor’s failure to complete the correction of deficiencies within sixty (60) days after the date of Substantial
Completion, unless extended by mutual agreement or provision of the contract, will be deducted from the funds
remaining to be paid to the Contractor. Should corrective work following Substantial Completion require more than
one re-inspection after notification by the Contractor that corrections are complete; the cost of subsequent
inspections shall also be deducted from funds remaining unpaid to the Contractor.
§ 9.8.6 The following items are a partial list of requirements, as applicable to the Project, which
must be completed prior to establishment of a Substantial Completion date.
01
All work as identified in each section of the Specifications must be complete.
02
All fire alarm system components must be completed and demonstrated to the Owner.
03
Local fire marshal approval certificate must be delivered to the Owner.
04
Health Department approval and certificate must be delivered to Owner.
05
All HVAC Water Balancing must be complete.
06
All HVAC Testing and Balancing must be complete.
07
All energy management systems and controls must be complete, fully operational and demonstrated to the
Owner.
08
All final lockset cores must be installed and all final Owner directed keying completed.
09
All room plaques must be complete.
10
All Owner demonstrations must be completed or scheduled, including HVAC equipment, plumbing
equipment, and electrical equipment, all life safety systems, and any special systems.
11
A final Certificate of Occupancy must be signed by the governing authority and delivered to the Owner.
12
City County approvals and compliance certificates must be delivered to the Owner.
13.
All final exterior clean-up must be complete and landscaping.
14
All final interior clean up must be complete.
15
All State Insurance Board Certificates shall be furnished related to windstorm and flood.
§ 9.9 PARTIAL OCCUPANCY OR USE
§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented
to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the
Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
writing concerning the period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and
submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use
shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement
between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
Work.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
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§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
constitute acceptance of Work not complying with the requirements of the Contract Documents.
§ 9.10 FINAL COMPLETION AND FINAL PAYMENT
§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance
and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information
and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being
entitled to final payment have been fulfilled. Owner may rely on other provisions of the Contract Documents, as
well as the Architect’s Certificate, in determining the payment to be made to Contractor. Architect is obligated under
the agreement between Owner and Architect to make only a limited number of site visits to determine Final
Completion. Any fee which Owner incurs for additional site visits of Architect for determination of Final
Completion will be at the expense of Contractor. Owner will deduct amount of Architect’s compensation for
re-inspection services from final payment or, at the Owner’s discretion, may require the Contractor to reimburse the
Owner for such costs directly.
§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits
to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed
to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the
Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by
the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security
interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the
Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a
bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after
payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in
discharging such lien, including all costs and reasonable attorneys’ fees.
§ 9.10.2.1 Upon the completion of the Punch List attached to the Certificate of Substantial Completion the Contactor
shall have 60 days to reach Final Completion. Prior to final payment and in addition to other final closeout items
specified, the Contractor shall submit in duplicate to the Architect
the following completed forms:
01
Contractor’s Affidavit of Payment of Debts and Claims, AIA Document G706. (modified)
02
Contractor’s Affidavit of Release of Liens, AIA Document G706A. (modified)
03
Contractors, Subcontractors and suppliers separate Lien Releases on the prescribed forms with signature
and notary seal on the same sheet of paper.
04
Consent of Surety to Final Payment, AIA Document G707.
05
General Contractor’s guarantee - notarized.
06
Subcontractor’s guarantees - notarized.
07
Special extended warranties and guarantees - notarized.
08
Notarized affidavit from each subcontractor or supplier who furnished material incorporated into the Work
stating that no asbestos building materials were used.
09
Submit in a binder, all MSDS sheets from each material manufacturer.
10
Maintenance and instruction manuals. Three (3) sets of each bound in a three inch (3") ’D-slant’ ring
binder.
11
Record Drawings. Reproducible black on white prints as approved by the Owner, and Auto Cad Electronic
Disks & CD.
12
Final list of subcontractors (AIA Document G805).
13
Refer to Specification for additional close-out requirements
14
Note: The forms required in items 01 through 08 above shall each be furnished with original signatures
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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and all blanks filled in.
Documents identified as affidavit must be notarized. All manuals will contain an index listing the information
submitted. The index sections will be divided and identified by tabbing each section as listed in the index.
§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the
Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the
Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the
remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract
Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to
certification of such payment. Such payment shall be made under terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the
(Paragraphs deleted)
Owner.
§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
in connection with the performance of the Contract.
§ 10.2 SAFETY OF PERSONS AND PROPERTY
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to
.1
employees on the Work, school personnel, students, and other persons on Owner’s premises, and
other persons who may be affected thereby;
.2
the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or
Sub-subcontractors; and
.3
other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss.
§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under
supervision of properly qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Sections 10.2.1.2 and
10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is
responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either
of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of
the Contractor are in addition to the Contractor’s obligations under Section 3.18.
§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise
designated by the Contractor in writing to the Owner and Architect.
§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or
create an unsafe condition.
§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY
If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not
insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice
shall provide sufficient detail to enable the other party to investigate the matter.
§ 10.3 HAZARDOUS MATERIALS
§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents
regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the
Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop Work in the affected area and report the condition to the Owner and Architect in writing.
§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory
to verify the presence or absence of the material or substance reported by the Contractor and, in the event such
material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the
Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications
of persons or entities who are to perform tests verifying the presence or absence of such material or substance or
who are to perform the task of removal or safe containment of such material or substance. The Contractor and the
Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the
persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no
reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall
resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be
extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable
additional costs of shut-down, delay and start-up.
§ 10.3.3 Prior to commencement of the Work, Owner will provide all reports in its possession or control relating to
environmental condition of the Project.
§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings
to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s
fault or negligence in the use and handling of such materials or substances.
§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of
a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s
fault or negligence.
§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency
for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by
the Contract Documents, the Owner shall indemnify the Contractor for all reasonable remediation cost and expense
thereby incurred, provided that Contractor shall first notify Owner of any claim made against Contractor by a
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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governmental agency for remediation prior to commencing remediation. The Owner shall have the right, but not
the obligation, to undertake such remediation at Owner’s expense.
§ 10.4 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to
prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor
on account of an emergency shall be determined as provided in Article 15 and Article 7.
ARTICLE 11 INSURANCE AND BONDS
§ 11.1 CONTRACTOR’S LIABILITY INSURANCE
§ 11.1.1 No Work will be commenced and no equipment or materials can be shipped until all requirements of this
Article have been satisfied, satisfactory evidence of insurance has been provided, and all insurance is in full force
and effect. Contractor shall notify Owner and Architect in writing of any insurance changes requirements, and shall
notify Owner and Architect in writing of any insurance changes which occur during the terms required under the
Contract Documents. Any deviation from these requirements can only be approved by Owner’s Board of Trustees.
Any nonconformity may be grounds for termination or modification of the Contract. To the extent that Contractor
is unable to procure the insurance designated herein because the insurance is not reasonably available or is
cost-prohibitive, then Contractor shall provide written notice to Owner’s Board of Trustees. Said lack of insurance
may then be grounds for termination or modification of this Agreement. No Work will be commenced and no
equipment or materials can be shipped until all requirements of this Article have been satisfied, satisfactory evidence
of insurance has been provided, and all insurance is in full force and effect. Contractor shall notify Owner and
Architect in writing of any insurance changes requirements, and shall notify Owner and Architect in writing of any
insurance changes which occur during the terms required under the Contract Documents. Any deviation from these
requirements can only be approved by Owner’s Board of Trustees. Any nonconformity may be grounds for
termination or modification of the Contract. To the extent that Contractor is unable to procure the insurance
designated herein because the insurance is not reasonably available or is cost-prohibitive, then Contractor shall
provide written notice to Owner’s Board of Trustees. Said lack of insurance may then be grounds for termination
or modification of this Agreement. The Contractor and the Contractor’s Subcontractors shall purchase and
maintain such insurance as will protect them and the Owner from claims which may arise out of or result from the
Contractor’s operations under the Contract, whether such operations be by any Contractor or by a Subcontractor or
by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,
including the following:
.1
claims under workers’ compensation, disability benefit and other similar employee benefit acts which
are applicable to the Work to be performed;
.2
claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor’s employees;
.3
claims for damages because of bodily injury, sickness or disease, or death of any person other than
the Contractor’s employees;
.4
claims for damages insured by usual personal injury liability coverage;
.5
claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
.6
claims for damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle;
.7
claims for bodily injury or property damage arising out of completed operations; and
.8
claims involving contractual liability insurance applicable to the Contractor’s obligations under
Section 3.18.
§ 11.1.2 Satisfactory evidence of insurance required by this Article shall be provided to Owner and Architect not
later than five business days after execution of the Contract by Owner. Satisfactory evidence shall include copies
of the required insurance policies, declarations and endorsements themselves. In addition, Contractor shall also
provide: 1) a duly-executed ACORD Certificate of Insurance, Form 25-S with the following language added to the
"Special Provisions" Section: "the language in the "Cancellation" section is replaced as follows: Should any of the
above-described policies be cancelled before the expiration date thereof, the issuing insurer shall mail thirty (30)
days written notice to the certificate holder named to the left"; and 2) a duly executed ACORD Evidence of
Commercial Property Insurance, Form 28 (2003-10). A copy of the general liability additional insured
endorsement shall also be provided. The Contractor shall furnish Owner all insurance amendments, renewals,
notices, cancellations and additional endorsements as they are provided to Contractor.
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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§ 11.1.2.1 Such certificates of insurance and evidence of insurance shall specify:
a.
The owner as a certificate holder with correct mailing address.
b.
Insured’s name, which must match that on this Agreement.
c.
Insurance companies affording each coverage, policy number of each coverage, policy dates of each
coverage, all coverages and limits described herein, and signature of authorized representative of
insurance company.
d.
Producer of the certificate with correct address and phone number listed.
e.
Additional insured status required herein.
f.
Amount of any deductibles and/or retentions.
g.
Cancellation and reduction in coverage notification as required by this Agreement.
h.
Designated Construction Project Aggregate Limits required herein.
i.
Personal Injury contractual liability required herein.
§ 11.1.3 OWNER shall be named additional insured on the Commercial General Liability and Umbrella and
Business Auto Policies. With respect to the Commercial General Liability policy, ISO form CG 20 10 10 01 and
GC 20 37 10 01 or its equivalent or broader will be attached to the policy and continue in force one (1) year
commencing after the issuance of the final payment certificate. It is the intent of the parties to this Agreement that
this Additional Insured status shall include coverage for completed operations.
§ 11.1.3.1 The Contractor’s coverage is not permitted to include any of the following endorsements. The certificate
of insurance shall list all exclusions and limitations added by endorsement to the commercial general liability
insurance coverage.
a.
b.
c.
d.
e.
f.
g.
h.
Contractual Liability Limitation, CG 21 39.
Amendment Of Insured Contract Definition, CG 24 26
Exclusion-Explosion, Collapse and Underground Property Damage Hazard, CG 21 42 or CG 21 43
Limitation of Coverage To Designated Premises or Project, CG 21 44 07 98
Exclusion-Damage To Work Performed By Subcontractors on Your Behalf, CG 22 94 or CG 22 95
Any type of Classification or Business Description Limitation Endorsement
Any type of Construction Defect Completed Operations exclusion
Any type of exclusion regarding Owner or Contractor Controlled Insurance Program or "Wraps" if
the Contractor is engaged in such work
i.
Any type of Punitive, Exemplary or Multiplied Damages Exclusion
Any type of Subsidence exclusion if the Contractor is engaged in any type of earth movement work, including but
not limited to compaction, fill, or installation of storm or sewer drains.
§ 11.1.4 All insurance required herein shall be primary to and shall seek no contribution from all insurance available
to Owner, with Owner’s insurance being excess, secondary and non-contributing. This CGL coverage shall be
endorsed to provide such primary and non-contributing liability coverage. All insurance shall contain a waiver of
subrogation in favor of Owner on all claims arising out of the Project. The policies shall provide such waivers of
subrogation by endorsement or otherwise
§ 11.2 OWNER’S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.
§ 11.3 PROPERTY INSURANCE
§ 11.3.1 The Contractorshall purchase and maintain, in a company or companies lawfully authorized to do business
in the jurisdiction in which the Project is located, property insurance written on a builder’s risk "all-risk" or
equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications
and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a
replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise
provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries
of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other
than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in
the Project.
§ 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation,
insurance against the perils of fire (with extended coverage) and physical loss or damage including, without
duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,
testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any
applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services
and expenses required as a result of such insured loss.
§ 11.3.1.2 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such
deductibles.
§ 11.3.1.3 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work
in transit.
§ 11.3.1.4 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company
or companies providing property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.
(Paragraph deleted)
§ 11.3.2 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that
includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision
that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’
prior written notice has been given to the Contractor.
(Paragraphs deleted)
§ 11.3.7 WAIVERS OF SUBROGATION
The Contractor waives all rights against (1) the Owner and any of the Owner’s subcontractors, sub-subcontractors,
officers, elected officials, agents and employees, each of the other, and (2) the Architect, Architect’s consultants,
separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and
employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained
by the Contractor pursuant to this Section 11.3 or other property insurance applicable to the Work, . The Contractor
will notify the issuing insurance company or companies or trust administrator of the waiver set forth in this Section
and will cause the policies to provide such waivers of subrogation by endorsement or otherwise, and will take all
steps necessary to prevent invalidation of coverage and to waive the insurer’s rights of subrogation against the
parties enumerated herein. A waiver of subrogation shall be effective as to a person or entity even though that
person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance
premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property
damaged.
(Paragraphs deleted)
§ 11.4 PERFORMANCE BOND AND PAYMENT BOND
§ 11.4.1 Performance and Payment Bonds shall be required for all work where the Contract exceeds $25,000.00.
After award of contracts by Owner, the successful Bidder, at Bidder’s expense, must deliver to the Owner
Performance and Payment Bonds, executed by Contractor and Surety, in an amount of 100% of the accepted bid as
security for the faithful performance of the Contract and payment of all persons performing labor and furnishing
materials in connection with this Contract. Bonding Company must be licensed, listed, and approved in the State of
Texas (State Board of Insurance/Texas Department of Insurance). Bonding Company shall provide on request such
other information as necessary to document net worth, stability, total bonding capacity, and projects under coverage,
to demonstrate adequate financial capacity for this Project. If the Contract sum exceeds the underwriting limitation
of the Surety on the most recent list of acceptable sureties, the Contractor shall provide the Owner with evidence
that the excess is protected by re-insurance or co-insurance in a form and amount acceptable to the Owner. Such
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
expires on 05/06/2016, and is not for resale.
User Notes:
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bonds shall meet the requirements of and be in the form required by Chapter 2253 of the Texas Government Code.
Owner reserves the right to approve the surety or sureties proposed by Contractor. Proof of valid payment and bonds
shall be provided to the Owner prior to execution of the Contract.
§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment
of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall
authorize a copy to be furnished.
§ 11.5 WORKERS’ COMPENSATION INSURANCE COVERAGE
A. Definitions:
Certificate of coverage ("certificate")—A copy of a certificate of insurance, a certificate of authority to
self-insure issued by the Texas Workers’ Compensation 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 the 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 work on the project has been completed and accepted by the Owners.
"Persons providing services on the Project" ("subcontractor" in Texas Labor Code Section
406.096)—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.
B.
C.
D.
E.
F.
G.
H.
Init.
/
"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other services related to the Project. Services do not include
activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery
of portable toilets.
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 Owner prior to being awarded the
Contract.
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 Owner showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the Project, and provide to the
Owner:
(1)
A certificate of coverage, prior to that person beginning work on the Project, so the
Owner will have on file certificates of coverage showing coverage for all persons
providing services on the Project; and
(2)
No later than seven days after receipt by the Contractor, an 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.
The Contractor shall retain all required certificates of coverage for the duration of the Project and for
one year thereafter.
The Contractor shall notify the Owner 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.
The Contractor shall post on the 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.
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to
the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which
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I.
The Contractor shall contractually require each person with whom it contracts to provide services on
the Project to:
(1)
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;
(2)
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;
(3)
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;
(4)
Obtain from each other person with whom it contracts, and provide to the Contractor:
(a)
A certificate of coverage, prior to the other person beginning work on the
Project; and
(b)
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;
(5)
Retain all required certificates of coverage on file for the duration of the Project and for
one year thereafter;
(6)
Notify the Owner in writing by certified mail or personal delivery, within ten 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
(7)
Contractually require each person with whom it contracts, to perform as required by
items (1) – (6) listed immediately above, with the certificates of coverage to be provided
to the person for whom they are providing the services.
J. By signing this Contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the Contractor who will provide services
on the Project will be covered by workers’ compensation insurance 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 Texas Workers’ Compensation 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.
K. The Contractor’s failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the Owner to declare this Contract void if the Contractor does not remedy the
breach within ten (10) days after receipt of notice of breach from the Owner.
The coverage requirement recited above does not apply to sole proprietors, partners, and corporate officers who are
excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for
delivery, or renewed on or after January 1, 1996.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
§ 12.1 UNCOVERING OF WORK
§ 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically
expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the
Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.
§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior
to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate
Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such
costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or
a separate contractor in which event the Owner shall be responsible for payment of such costs.
Init.
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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
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§ 12.2 CORRECTION OF WORK
§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of
the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost
of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary
thereby, shall be at the Contractor’s expense.
§ 12.2.2 AFTER SUBSTANTIAL COMPLETION
§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of
Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,
any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor
shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously
given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after
discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the
Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require
correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct
nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or
Architect, the Owner may correct it in and all costs for doing so will be assessed against the Contractor, and
Owner’s actions to correct the nonconforming Work will not constitute a waiver of any warranties or rights the
Owner might possess. Any provision in the Contract Documents to the contrary notwithstanding, the Contractor’s
warranty obligations under this Section 12.2.2 are in addition to any other warranty obligations provided by the
Contract Documents, this Agreement or law, including warranties provided by subcontractors, suppliers and
manufacturers. Contractor shall assign all assignable subcontractor, supplier and manufacturer’s warranties affecting
the Work or any portion to Owner as a condition to final payment. Owner may enforce any warranty obligations
separately, concurrently or successively. The "prompt" correction of defective work by the Contractor after receipt
of Warranty Claim notification from the Owner as described above shall be defined as follows:
01
The Contractor shall make written response to the Owner within twenty-four (24) hours of receipt of the
Warranty Claim acknowledging receipt of the claim and providing the proposed schedule to conduct corrective
work. Corrective work shall not interfere with the Owner’s normal operation and use of the Work, unless expressly
approved by the Owner.
02
For corrective work which is not a life safety issue or which will not, by the nature of the defect, cause
subsequent damage to the building or other Work, corrective work shall be completed within fourteen (14) days.
03
For corrective work which by its nature may cause subsequent damage to the building or other Work,
corrective work required to prevent subsequent damage shall be completed within twenty-four (24) hours, and if
such work is a temporary repair, permanent repair of the corrective work shall be completed within seven (7) days.
The Contractor shall appropriately complete all corrective work relative to subsequent damage caused by a Warranty
Claim.
04
For corrective work which affects services to, and ordinary use of the Building, corrective work shall be
completed within twenty-four (24) hours, and if such work is a temporary repair, permanent repair of the corrective
work shall be completed within seven (7) days.
05
The time frames stated above for completion of permanent corrective work shall be equitably adjusted as
required for legitimate delays caused by weather delays, material acquisition and other factors beyond the
Contractor’s direct control.
§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual
completion of that portion of the Work.
§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Section 12.2.
§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
Init.
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§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work
that is not in accordance with the requirements of the Contract Documents.
§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for
correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents
may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the
Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.
§ 12.3 ACCEPTANCE OF NONCONFORMING WORK
If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
§ 13.1 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located which is Wharton County,
Texas.
§ 13.2 SUCCESSORS AND ASSIGNS
§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided
in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the
other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain
legally responsible for all obligations under the Contract.
§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents.
The Contractor shall execute all consents reasonably required to facilitate such assignment.
§ 13.3 WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the
firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or
certified mail or by courier service providing proof of delivery to, the last business address known to the party
giving notice.
§ 13.4 RIGHTS AND REMEDIES
§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
by law.
§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.
§ 13.5 TESTS AND INSPECTIONS
§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract
Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public
authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public
authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect
timely notice of when and where tests and inspections are to be made so that the Architect may be present for such
procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until
Init.
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after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or
applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.
§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection
or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of
when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such
costs, except as provided in Section 13.5.3, shall be at the Owner’s expense.
§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary
by such failure including those of repeated procedures and compensation for the Architect’s services and expenses
shall be at the Contractor’s expense.
§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Architect.
§ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the
Architect will do so promptly and, where practicable, at the normal place of testing.
§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.
§ 13.6 INTEREST
Payments due and unpaid under the Contract Documents shall bear interest in accordance with the Texas Prompt
Payment Act, Texas Government Code, Chapter 2251.
§ 13.7 TIME LIMITS ON CLAIMS
The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of
warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements
of the final dispute resolution method selected in the Agreement within the time period specified by applicable law,
but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and
Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.
§ 13.8 MECHANIC’S AND MATERIALMEN’S LIENS
§ 13.8.1 Contractor shall save and keep Owner, Owner’s financing proceeds, and the Project free from all mechanic’s
and materialmen’s liens and all other liens and claims, legal or equitable, arising out of Contractor’s Work
hereunder. In the event any such lien or claim is filed by anyone claiming by, through, or under Contractor,
Contractor shall remove and discharge same within ten (10) days of the filing thereof unless it is contested in good
faith by the contractor.
§ 13.8.2 Contractor shall and hereby does subordinate any and all liens, rights, and interest (whether choate or
inchoate and include, without limitation, all mechanic’s and materialmen’s liens under the applicable laws of the
State of Texas, whether contractual, statutory, or constitutional) owned, claimed, or held, or to be owned, claimed,
or held by Contractor in and to any part of the Work or the site on which the Work is performed, to the liens
securing payments of sums now or hereafter borrowed by Owner, its successors and assigns, in connection with the
development, design, or construction of the Project as contemplated by the Construction Documents provided that
the holders of such superior liens expressly agree to provide Contractor with notice of Owner’s default and allow
Contractor a reasonable period of time in which to cure Owner’s default. Contractor shall execute such further and
additional evidence of the subordination of liens, rights, and interests as Owner or Owner’s interim or permanent
lenders may require, provided such document is commercially reasonable and acceptable to Contractor. This
subordination of liens is made in consideration of and as an inducement to the execution and delivery of the Contract
Documents, and shall be applicable despite any dispute between the parties hereto or any others, or by any default
by Owner under the Contract Documents or otherwise.
Init.
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§ 13.8.3 Contractor shall include in every subcontract relating to the Work to which it is a party and in each and
every lower tier subcontract, provisions (1) that the person or entity doing Work, performing labor, or furnishing
materials pursuant to each subcontract agrees to subordinate a mechanics’ or materialmens’ lien or any other claim
against any part of the Work of the site on which the Work is performed or materials furnished under the Contract
Documents or such subcontract, to the liens securing payment of sums now or hereafter borrowed by Owner, its
successors and assigns, in connection with the development, design, or construction of the Project, as contemplated
by the Construction Documents, and (2) that the required subordinations are made in consideration of and as an
inducement to the execution and delivery of the Contract Documents and the subcontract in which it appears, and
shall be applicable despite any dispute between or among Owner, Contractor, or any Subcontractor or any default by
Owner, Contractor, or any Subcontractor under the Contract Documents or any other subcontract or Contract
relating to the Project.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
§ 14.1 TERMINATION BY THE CONTRACTOR
§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days
through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any
other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for
any of the following reasons, which are the sole grounds for termination under this Subparagraph 14.1.1:
.1
Issuance of an order of a court or other public authority having jurisdiction that requires all Work to
be stopped;
.2
An act of government, such as a declaration of national emergency that requires all Work to be
stopped; or
.3
Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within the time stated in the Contract Documents, subject
to any right of Owner to withhold funds or suspend payment under the Contract.
§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work
by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of
days scheduled for completion, or 120 days in any 365-day period, whichever is less.
§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’
written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.
§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing portions of the Work under contract
with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional
days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided
in Section 14.1.3.
§ 14.2 TERMINATION BY THE OWNER FOR CAUSE
§ 14.2.1 The Owner may terminate the Contract if the Contractor
.1
refuses or fails to supply enough properly skilled workers or proper materials to complete the Work
in a diligent, efficient, workmanlike or timely manner;
.2
fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
.3
disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a
public authority;
.4
disregards the instructions of the Architect or the Owner (when such instructions are based on the
requirements of the Contract Documents);
.5
fails to perform the Work in accordance with the Contract Documents or makes fraudulent
statements;
Init.
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.6
.7
.8
makes an assignment for the benefit of creditors, admits in writing its inability to pay its debts
generally as they become due, files a petition in bankruptcy. is adjudicated insolvent or bankrupt,
petitions or applies to any tribunal for any receiver or any trustee for the Contractor or any substantial
part of its property, commences any action relating to the Contractor under any reorganization,
arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction,
whether now or hereafter in effect, or if there is commenced against the Contractor any such action or
the Contractor by any act indicates its consent to or approval of any trustee for the Contractor or any
substantial part of its property or suffers any receivership or trustee to continue undischarged;
repudiates the Contract; or
otherwise is guilty of substantial breach of a provision of the Contract Documents.
§ 14.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of
the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate
employment of the Contractor and may:
.1
Exclude the Contractor from the site and take possession of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
.2
Accept assignment of subcontracts pursuant to Section 5.4; and
.3
Finish the Work by whatever reasonable method the Owner may deem expedient, including, but not
limited to, making demand on the surety to perform the Work. Upon written request of the
Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by
the Owner in finishing the Work, if Owner is claiming that Contractor owes Owner payment for
amounts in excess of the remaining construction funds available for payment of Owner’s expenses
and damages in performing the Work under the Contract.
§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
§ 14.2.4 If Owner performs the Work in whole or in part, and such costs and damages incurred by Owner, including
compensation for Architect’s services, attorneys’ fees, and expenses made necessary by the Contractor’s default or
the termination, exceed the unpaid balance, the Contractor shall pay the difference to the Owner within 30 days after
demand by Owner. If Owner (rather than the surety) performs the Work the amount to be paid to the Owner for the
cost of the Work and the Architect’s compensation (but not the other items of expense or damages) shall be certified
by the Architect, upon request by Owner. The Contractor’s obligation for payment shall survive termination of the
Contract and/or termination of Contractor’s right to perform the Work under the Contract.
§ 14.2.5 It is recognized that (i) if any order for relief is entered on behalf of or against the Contractor pursuant to
Title 11 of the United States Code, (ii) if any other similar order is entered under any other debtor relief laws, (iii) if
the Contractor makes a general assignment for the benefit of its creditors, or (iv) if a receiver is appointed for the
benefit of credits, or (v) if a receiver is appointed on account of its insolvency, any such event could impair or
frustrate the Contractor’s performance of the Contract Documents. Accordingly, it is agreed that upon the
occurrence of any such event, the Owner, in addition to other rights and remedies hereunder, shall be entitled to
request the Contractor or its successor in interest adequate assurance of future performance in accordance with the
terms and conditions of the Contract Documents. Failure to comply with such request within ten (10) days after
delivery of the request shall entitle the Owner to terminate the Contract or Contractor’s right to perform thereunder
and to the accompanying rights set forth above in Sections 14.2.1 through 14.2.5 hereof. In all events, pending
receipt of adequate assurance of performance and actual performance in accordance therewith, the Owner shall be
entitled to make demand on the surety or proceed with the Work with its own forces by assignment of the
subcontractors or with other contractors on a time and material or other appropriate basis, the cost of which will be
back-charged against the Contract Sum. If Owner performs the Work in whole or in part, and such costs and
damages incurred by Owner, including compensation for Architect’s services, attorneys’ fees, and expenses made
necessary by the Contractor’s default or the termination, exceed the unpaid balance, the Contractor shall pay the
difference to the Owner within 30 days after demand by Owner. If Owner (rather than the surety) performs the Work
the amount to be paid to the Owner for the cost of the Work and the Architect’s compensation (but not the other
items of expense or damages) shall be certified by the Initial Decision Maker, upon request by Owner. The
Contractor’s obligation for payment shall survive termination of the Contract and termination of Contractor’s right
to perform the Work under the Contract.
Init.
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§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
whole or in part for such period of time as the Owner may determine.
§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include
profit. No adjustment shall be made to the extent
.1
that performance is, was or would have been so suspended, delayed or interrupted by another cause
for which the Contractor is responsible; or
.2
that an equitable adjustment is made or denied under another provision of the Contract.
§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.
§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the
Contractor shall
.1
cease operations as directed by the Owner in the notice;
.2
take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
and
.3
except for Work directed to be performed prior to the effective date of termination stated in the
notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts
and purchase orders.
§ 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such termination.
ARTICLE 15 CLAIMS AND DISPUTES
§ 15.1 CLAIMS
§ 15.1.1 DEFINITION
A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other
relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in
question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to
substantiate Claims shall rest with the party making the Claim.
§ 15.1.2 NOTICE OF CLAIMS
Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.
Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or
within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.
§ 15.1.3 CONTINUING CONTRACT PERFORMANCE
Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article
14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue
Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
§ 15.1.4 CLAIMS FOR ADDITIONAL COST
If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall
be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
endangering life or property arising under Section 10.4.
§ 15.1.5 CLAIMS FOR ADDITIONAL TIME
§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay, only one Claim is necessary.
Init.
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§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
documented by data substantiating that weather conditions were abnormal for the period of time, could not have
been reasonably anticipated and had an adverse effect on the scheduled construction.
§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
this Contract. This mutual waiver includes
.1
damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of
such persons; and
.2
damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
except anticipated profit arising directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination
in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
§ 15.2 INITIAL DECISION
§ 15.2.1 Claims, excluding those arising under Sections 10.3 and 10.4 shall be referred to the Initial Decision Maker
for initial decision/recommendation. The Architect will serve as the Initial Decision Maker, unless otherwise
agreed-upon in writing by the parties following the submission of a Claim. Unless the Initial Decision Maker and all
affected parties agree, the Initial Decision Maker will not decide or make recommendations concerning disputes
between the Contractor and persons or entities other than the Owner.
§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
data from the other party, (2) recommend the rejection of the Claim in whole or in part, (3) approve the Claim, (4)
suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to make a recommendation
concerning the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or
if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate
for the Initial Decision Maker to resolve the Claim.
§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
information from either party or from persons with special knowledge or expertise who may assist the Initial
Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of
such persons at the expense of the party making the claim.
§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a
response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon
receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim
in whole or in part.
§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating
that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state
the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
Maker, of any recommended change in the Contract Sum or Contract Time or both. The initial decision shall serve
as the Initial Decision Maker’s recommendation for the resolution of a Claim but shall not be final and binding on
the parties. Upon receipt of the initial decision, the Owner will make its final decision concerning the Claim. The
Owner may take any action with regard to the Claim and the initial decision as it deems appropriate, including but
not limited to rejecting, approving, or modifying the Initial Decision Maker’s recommendation. If an affected party
disagrees with the Owner’s final decision, the party may request non-binding mediation of the Claim and, if the
parties fail to resolve their dispute through mediation, proceed to litigation.
Init.
/
AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
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§ 15.2.6 Either party may file for mediation of an Owner’s final decision of a Claim at any time, subject to the terms
of Section 15.2.6.1.
§ 15.2.6.1 An affected party may, within 30 days from the date of the owner’s final decision concerning a claim,
request in writing that the other party agree to non-binding mediation within 60 days after the initial decision. If
such a request is made and the party receiving the request fails to provide written notice within 10 days to the
requesting party stating the recipient’s agreement to submit to mediation within the time required, then the party
requesting mediation may proceed to litigation.
§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner
may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.
§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines.
§ 15.3 MEDIATION
§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those
waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent
to binding dispute resolution.
§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
otherwise, shall be administered in accordance with the laws of the State of Texas. A request for mediation shall be
made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the
mediation. If the parties have not selected a mutually-acceptable mediator at the time the request for mediation is
made, then the requesting party may suggest a mediator. The non-requesting party has 10 days after receipt of the
request to respond to the requesting party in writing either accepting the mediator identified by the requesting party,
or suggesting a different mediator. If such notice is not timely made, then the mediator suggested by the party
requesting mediation will be deemed the selected mediator. If a different mediator has been suggested, and the
parties are unable to agree on a mediator within 10 days after the notice suggesting a different mediate is given, then
the parties shall request the Initial Decision Maker to select a mediator, and this selection will be binding on both
parties. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such
event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the
parties or court order.
§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
INTENTIONALLY OMITTED
(Paragraphs deleted)
Init.
/
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Additions and Deletions Report for
®
TM
AIA Document A201 – 2007
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from
the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AIA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software at 16:25:10 on 05/08/2015.
PAGE 1
Wharton ISD
Various Mechanical and Electrical Upgrades at Wharton High School
…
Wharton Independent School District
2100 N Fulton Street, Wharton, Texas 77488
P: 979-532-6201
THE ARCHITECT:
THE ARCHITECT/ENGINEER:
…
Lockwood, Andrews & Newnam, Inc.
8350 North Central Expressway, Suite 1400
Dallas, Texas 75206
T: 214-522-8778
Any reference herein to "Architect" shall mean the Architect/Engineer identified above.
PAGE 10
The Initial Decision Maker is the person identified in the Agreement to render initial decisions or recommendations
on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. 15.2.2.
§1.1.8 ARCHITECT
Any reference herein to the "Architect" shall mean the Architect/Engineer identified above regardless of whether the
text notes "Architect" or "Engineer."
PAGE 11
§ 1.2.4 INTENT OF DRAWINGS
§ 1.2.4.1 Drawings are in part diagrammatic, and do not necessarily show complete details of construction, materials,
or their performance, or installation, and do not necessarily show how construction details or other items of work or
fixtures or equipment may affect any particular installation. These shall be ascertained by the Contractor from the
Architect and correlated to bring the parts together to a complete whole.
§ 1.2.4.2 All dimensions shall be verified by field measurements and all work laid out to permit pipes, valves,
ductwork, lights, panels, other items of construction, to be located as closely as possible to locations shown. All
items shall be checked before installation to determine that they can be concealed properly, if appropriate, and that
they clear any structural components, supports for other items, and cabinets and equipment or other mechanical,
electrical or architectural items having fixed locations.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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§ 1.2.4.3 Work shall be laid out to assure ready accessibility to valves, fittings, and other items requiring servicing,
adjustment or checking.
§ 1.2.4.4 Actual physical dimensions of specified stock items shall govern over dimensions shown for work to
receive stock items. Custom items or modified stock items shall be fabricated to dimensions shown, or to fit into
other dimensioned work.
§ 1.2.4.5 If Work is required in a manner which makes it impossible to produce the specified quality of Work, or
should errors, omissions, or discrepancies exist in the Contract Documents, the Contractor shall request in writing an
interpretation before proceeding with Work. If Contractor fails to make such a written request, no excuse or claim
will thereafter be entertained for failure to carry out Work in a satisfactory manner as specified by Contract
Documents. Should conflict occur in or between Drawings and Specifications which should reasonably have been
ascertained by the Contractor, Contractor is deemed to have estimated and included in the Contract Sum the more
expensive way of doing the Work unless the Contractor shall have asked for and obtained a written decision before
submission of the Guaranteed Maximum Price proposal to the Owner.
§ 1.2.5 In the event of conflicts or discrepancies among Contract Documents, interpretations will be based on the
following priorities:
.1
.2
.3
.4
.5
.6
Modifications to the Agreement, with those of later date having precedence over those of earlier date;
the Agreement;
Supplemental Conditions;
General Conditions of the Contract for Construction;
Special Conditions;
Drawings and Specifications.
§ 1.2.6 RELATION OF SPECIFICATIONS AND DRAWINGS: The Drawings and specifications are
correlative and have equal authority and priority. Should they disagree in themselves, or with each other, base the
proposals on the most expensive combination of quality and quantity of work indicated. The appropriate method of
performing the Work, in the event of the above mentioned disagreements, will be made by the Architect. After
award of the contract, and if necessary, an appropriate reduction in the contract will be accomplished by change
order. The Work is to be furnished if shown on the Drawings and not in the Specification or vice versa.
§ 1.2.7 If Drawings and Specifications are not in concurrence regarding quantity or quality, Contractor shall request
interpretation from the Architect.
§ 1.2.8 OPTIONAL MATERIALS, BRANDS AND PROCESSES: When more than one is specified for a
particular item of Work, the choice shall be the Contractor’s. The final selection of color and pattern will be made
from the range available within the option selected by the Contractor, unless the item is specified to match a specific
color or sample furnished. Where particular items are specified only products of those named manufacturers are
acceptable. Certain specified construction and equipment details may not be regularly included as part of the named
manufacturer’s standard catalog equipment but shall be provided by the manufacturer as required for the proper
functioning of the equipment. Reasonable minor variations in equipment are expected and will be acceptable;
however, indicated and specified performance and material requirements are minimum, and will be required in
addition to standard accessories. The Architect reserves the right to determine the equality of equipment and
materials that deviate from any of the indicated and specified requirements.
§ 1.2.9 Diagrammatic indications of piping, ducts, conduit, and other similar items are subject to adjustment to
obtain required grading, passage over, under or around obstructions, to avoid exposure to finished areas, or
unsightly, obstructing conditions. Contractor shall be responsible for coordination of these adjustments and
recommending alternate solutions whenever design details affect construction feasibility, costs, or schedules.
§ 1.2.10 All manufactured articles, materials, and equipment shall be incorporated into the Work in accordance with
the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract
Documents.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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PAGE 13
§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide
reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the
Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the
Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3)
the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due.
The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or
the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not
materially vary such financial arrangements without prior notice to the Contractor. Intentionally omitted.
§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures or for permanent
changes in existing facilities. Contractor shall pay for all permit fees and inspection fees required for performance of
the Work other than inspection and testing fees which the Owner contracts for separately with a third party, and
Certificates of Occupancy fees. All of such fees shall be considered Cost of the Work unless the Contractor is
required to pay for them without reimbursement due to the Contractor’s fault under other provisions of the Contract
Documents.
§ 2.2.3 The Owner shall If requested in writing to do so by the Contractor prior to the start of the work, the Owner
may, at the Owner’s sole discretion, furnish surveys describing physical characteristics, legal limitations and utility
locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the
accuracy of information furnished by the Owner but shall unless the Contractor knows or should reasonably know
the information is incorrect or deficient, and has reported the same to the Architect and the Owner, with the
understanding that THE OWNER DOES NOT IN ANY WAY REPRESENT, WARRANT OR GUARANTY TO
CONTRACTOR OR TO ANY OTHER PERSON THE RELIABILITY, CONSTRUCTABILITY,
COMPLETENESS, OR ACCURACY OF ANY SURVEYS, REPORTS, STUDIES, TESTS, ARCHITECTURAL
OR ENGINEERING PLANS, OR SIMILAR INFORMATION PROVIDED BY OWNER IN CONNECTION
WITH THIS CONTRACT, NOR DOES THE OWNER REPRESENT, WARRANT OR GUARANTY THAT
SUCH INFORMATION IS FREE FROM DEFECTS, ERRORS OR DEFICIENCIES, AND ALL SUCH
REPRESENTATIONS, WARRANTIES AND GUARANTIES ARE HEREBY EXPRESSLY DENIED AND
DISCLAIMED. The Owner shall not be liable to the Contractor or any other person for breach of warranty or
misrepresentation in the event of any errors or deficiencies in such information provided to the Contractor by the
Owner. The Owner’s provision of a survey will not relieve the Contractor from its obligations to examine the site
or exercise proper precautions relating to the safe performance of the Work.
…
If the Contractor Contractor, after reasonable notice and opportunity to cure. but in no event longer than ten (10)
days, fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by
Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may may,
at the Owner’s discretion, issue a written order to the Contractor to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a
duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,
except to the extent required by Section 6.1.3.entity.
PAGE 14
§ 2.5
OWNER’S RIGHT TO OCCUPY THE PROJECT
§ 2.5.1 The Owner shall have the right to occupy or use without prejudice to the right of either party, any
completed on largely completed portions of the project, notwithstanding the time for completing the entire Work or
such portions that may not have expired. Such occupancy and use shall not constitute acceptance of any work not in
accordance with the Contract Documents. The Project is a two phase project.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
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…
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.Documents and shall
perform the Work in a good and workmanlike manner except where the Contract Documents expressly specify a
higher degree of finish or workmanship.
…
§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable
laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor
shall promptly report to the Architect any nonconformity in the Contract Documents with applicable laws, statutes,
ordinances, codes, rules and regulations, or lawful orders of public authorities that is discovered by or made known
to the Contractor as a request for information in such form as the Architect or Owner may require. The Owner is not
required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances,
codes, rules and regulations, or lawful orders of public authorities.
PAGE 15
THE CONTRACTOR RELEASES, INDEMNIFIES AND HOLDS HARMLESS THE OWNER FOR
CONTRACTOR’S FORCES’ NON-COMPLIANCE WITH OWNER’S DRUG-FREE, ALCOHOL-FREE,
WEAPON-FREE, HARASSMENT-FREE AND TOBACCO-FREE ZONES, OR CONTRACTOR’S FORCES’
NON-COMPLIANCE WITH CRIMINAL LAW, OR CONTRACTOR’S OR SUBCONTRACTOR’S FORCES’
NON-COMPLIANCE WITH IMMIGRATION LAWS OR REGULATIONS. Any individual found by Owner to
have violated these restrictions is subject to permanent removal from the Project, at Owner’s request. Contractor
shall place similar language in its subcontract agreements, requiring its Subcontractors and Sub-subcontractors to be
responsible for their own forces and Contractor shall cooperate with the Owner to ensure Subcontractor and
Sub-subcontractor compliance.
§ 3.4.4 PREVAILING WAGES
§ 3.4.4.1 Attention is called to the Texas Government Code, Chapter 2258, Prevailing Wage Rates (the "Chapter").
Among other things, the Chapter provides that it shall be mandatory upon the Contractor and upon any
subcontractor under him to pay not less than the prevailing rates of per diem wages in the locality at the time of
construction to all laborers, workmen, and mechanics employed by them in the execution of the Contract.
§ 3.4.4.2
In accordance therewith, the Owner has established a scale of prevailing wages as determined by the United States
Department of Labor in accordance with the Davis-Bacon Act (20 U.S.C. section 276a et. seq.) and not less than this
established scale must be paid on the Project. Any workers not included in the schedule shall be properly classified
and paid not less than the rate of wages prevailing in the locality of the Work at the time of construction. The wage
scale shall be the most recent scale adopted by the United States Department of Labor for projects located in
Wharton County, Texas. The appropriate wage scale is attached hereto and incorporated herein.
§ 3.4.4.3 A Contractor of Subcontractor who violates the provisions of Supplementary Conditions 3.4.4.1 or 3.4.4.2
shall pay to Owner the sum of Sixty Dollars and no/100 ($60.00) for each worker employed for each calendar day or
part of the day that the worker is paid less than the wage rate stipulated in the scale of prevailing wages applicable to
this Project, as required by Texas Government Code Section 2258.023(b).
§3.4.4.4 Records
§3.4.4.4.1 A contractor and subcontractor shall keep a record showing:
(1) the name and occupation of each worker employed by the contractor or subcontractor in the
construction of the work; and
(2) the actual per diem wages paid to each worker.
The record shall be open at all reasonable hours to inspection by the officers and agents of Del Valle
Independent School District.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
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DVISD may request samples of Contractor’s and Subcontractor’s payrolls at its discretion. Contractor and
Subcontractor shall deliver such samples promptly upon demand. DVISD may conduct, at its discretion,
wage-related interviews of any worker at the sites of the work without prior warning to the Contractor or
Subcontractor.
Payment greater than the prevailing wage is not prohibited.
§ 3.4.5 Contractor will, before any duties are performed on Owner’s property where students are regularly present,
and at least annually thereafter, obtain national criminal history record information that relates to any employee,
applicant, agent or Subcontractor of the Contractor, if the person has or will have continuing duties related to the
Project, and the duties are or will be performed on Owner’s property or at another location where students are
regularly present. The criminal history records shall be obtained from the clearinghouse provided by §411.0845 of
the Texas Government Code. Contractor shall assume all expenses associated with the background checks, and
shall immediately remove any employee or agent who was convicted of: (1) a felony under Title 5 of the Texas
Penal Code; (2) an offense conviction of which will require the individual to register as a sex offender; or (3) an
offense under the laws of another state that is equivalent to (1) or (2) above.
§ 3.4.6 IDENTIFICATION OF EMPLOYEES
§ 3.4.6.1 Contractor is responsible for the "badging" of workers and employees on the jobsite for identification.
Contractor shall furnish photo identifications of all workers and employees and ensure that all workers and
employees are badged and identifiable at all time.
The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will
be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further
warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects,
except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or
equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes
remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the
Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under
the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The
Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be
free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit, and
that the Work will be performed in a good and workmanlike manner. Work, materials, or equipment not conforming
to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or
defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient
maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
§ 3.5.1.1 In the event of failure of materials, products, or workmanship, either during construction or the warranty
period (which shall be one year from the date of substantial completion, except where a longer period is specified),
the Contractor shall take appropriate measures to assure correction or replacement of the defective items, whether
notified by the Owner or Architect. Items of work first performed after substantial completion shall have their
warranties extended by the period of time between substantial completion and the actual performance of the work.
§ 3.5.1.2 Refer to warranty forms which will be required prior to final payment.
§ 3.5.1.3 In the event an item under warranty fails, the Contractor shall extend the original warranty period by a
length of time equal to the elapsed time which occurs from the notification in writing by the Owner or a warranty
claim until acknowledgement by the Owner that the claim has been resolved.
§ 3.5.2 GUARANTEE
§ 3.5.2.1 Except where otherwise stipulated in the contract documents, the Contractor shall provide a written
guarantee for all materials and workmanship furnished under this contract for a period of one (1) year after the date
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
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of final acceptance of the work, by the Owner, and shall repair and make good, without expense to the Owner, any
and all defects in his work which may develop within that time.
§ 3.5.2.2 All required guarantees shall be submitted to the Architect on approved forms before the project will be
accepted.
§ 3.5.2.3 Not more than 45 days before the termination of the various guarantee periods, the Contractor shall
accompany the Owner and the Architect on an inspection tour of the project and shall note any defects and shall start
remedying these defects within ten (10) days of the inspection tour and shall execute the work without interruption
until accepted by the Owner and the Architect; even though such execution may extend beyond the limit of the
guarantee period.
PAGE 17
The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are
legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled
to go into effect. Owner is an exempt entity under the tax laws of the State of Texas. The Owner represents that this
Project is eligible for exemption for the State Sales Tax on tangible personal property and material incorporated in
the project, provided that the Contractor fulfills the requirements of the Limited Sale, Excise and Use Tax Rules and
Regulations. For the purpose of establishing exemption, it is understood and agreed that the Contractor may be
required to segregate materials and labor costs at the time a Contract is awarded, and will accept a Certificate of
Exemption from the Owner. Contractor shall obtain Certificates of Resale from their suppliers and shall make the
Contractor or Sub-Contractor responsible for absorbing the tax, without compensation from Owner. Contractor
hereby RELEASES, INDEMNIFIES AND HOLDS HARMLESS Owner from any and all claims and demands
made as a result of the failure of Contractor or any Sub-Contractor to comply with the provisions of any or all such
laws and regulations.
PAGE 19
§ 3.10.1 The Contractor, promptly within Fifteen (15) days after being awarded the Contract, shall prepare and
submit for the Owner’s and Architect’s information review and approval a Contractor’s construction schedule for
the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at
appropriate intervals as required by the conditions of the Work and Project, Project and, upon such revision, shall be
submitted to Architect and Owner for their review and approval, shall be related to the entire Project to the extent
required by the Contract Documents, Documents or the Owner or Architect, and shall provide for expeditious and
practicable execution of the Work.
3.10.1.1 If any updated schedule exceeds the time limits set forth in the Contract Documents for completion of the
Work, the Contractor shall include with the updated schedule a statement of the reasons for the anticipated
delay in completion of the Work and the Contractor’s planned course of action for completing the Work
within the time limits, inclusive of previously accepted time extensions, set forth in the Contract
Documents. If the Contractor asserts that the failure of the Owner or the Architect to provide information
to the Contractor is the reason for anticipated delay in completion, the Contractor shall also specify what
information is required from the Owner or Architect.
…
The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change
Orders and other Modifications, in good order and marked currently to indicate field changes and selections made
during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required
submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the
Owner upon completion of the Work as a record of the Work as constructed. § 3.11.1 The Contractor shall maintain
at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other
Modifications, in good order and marked currently to indicate field changes and selections made during
construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals.
These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon
completion of the Work as a record of the Work as constructed, and shall be signed by the Contractor certifying to
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
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Owner thereby that they show complete and "as-built" conditions, stating sizes, kinds of materials, vital piping,
conduit locations, and similar matters.
§ 3.11.2 Contractor shall at all times maintain job records, including, but not limited to, invoices, payment records,
payroll records, daily reports, logs, diaries, and job meeting minutes, applicable to the project. Contractor shall make
such reports and records available to inspection by the Owner, Architect, or their respective agents, within five (5)
working days of request by Owner, Architect, or their respective agents.
PAGE 20
§ 3.12.11 The Contractor shall provide composite drawings within four (4) weeks of execution of the Agreement
showing how all piping, ductwork, lights, conduit and equipment, etc. will fit into the ceiling space allotted,
including clearances required by the manufacturer, by Code, or in keeping with good construction practice. Space
for all trade elements must be considered on the same drawing. Drawings shall be 1/4" per foot minimum scale and
shall include invert elevations, elevation views and sections required to meet the intended purpose. Trades required
to participate include, but are not necessarily limited to structural, mechanical, plumbing, fire sprinkler, electrical,
data and special systems.
The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably
encumber the site with materials or equipment.§3.13.1The Contractor shall confine operations at the site to areas
permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public
authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.
§ 3.13.2 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on
the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly
removed from the Project site. Protection of construction material and equipment stored at the Project site from
weather, theft, damage and all other adversity is solely the responsibility of the Contractor.
§ 3.13.3 Contractor shall ensure that the Work, at all times, is performed in a manner that affords the Owner
reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be
performed, to the fullest extent possible, in such a manner that public areas adjacent to the site of the Work shall be
free from all debris, building material and equipment likely to cause hazardous conditions. Without limitation of
any other provision of the Contract Documents, Contractor shall use its best efforts to minimize any interference
with the occupancy or beneficial use of any area and buildings adjacent to the site or the Work.
§ 3.13.4 Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing
facilities at the Project site, including, without limitation, lavatories, toilets, entrance and parking areas other than
those designated by the Owner. Without limitation of any other provision of the Contract Documents, the
Contractor shall use its best efforts to comply with all rules and regulations promulgated by the Owner in connection
with the use and occupancy of the Project site.
PAGE 21
§ 3.15.3 The Contractor shall be responsible for damaged or broken glass, and at completion of the Work, shall
replace such damaged or broken glass.
PAGE 22
§ 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner,
Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages,
losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the
Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the
negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
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anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce
other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section
3.18.
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be
liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of
damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’
compensation acts, disability benefit acts or other employee benefit acts.
§ 3.18.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the
Owner, Owner’s consultants, the Contractor, the Contractor’s consultants, the architect, the architect’s
consultants, and their agents and employees of any of them (the "Indemnified Parties") against:
1.
All claims arising out of any breach of this contract by Contractor, or a breach of any agreement relating to
the Work or any work performed by any subcontractor (of any tier), or any negligent act, gross negligence,
error or omission by Contractor or any of its subcontractors (of any tier), or any patent or copyright
infringement arising out of the performance of this contract by Contractor or any of its subcontractors (of
any tier).
2.
All liabilities, claims and damages for personal injury, bodily injury (including death) or property damage
(real, personal, tangible or intangible) including injury or death to Contractor’s employees, together with
any and all resulting costs, legal fees, and consultant fees, arising out of or caused by any act or omission of
the Contractor or any of its subcontractors (of any tier) or their agents or employees.
THIS INDEMNIFICATION APPLIES, EXCEPT FOR THE INDEMNIFICATION IN PARAGRAPH
3.18.1.1 ABOVE, EVEN THOUGH THE MATTER TO BE INDEMNIFIED IS THE RESULT OF THE
CONCURRENT NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES.
The indemnification obligation under this provision shall not be limited by any requirement for insurance or
the furnishing of insurance by Contractor or any subcontractor (of any tier) under the contract. EXCEPT AS
STATED BELOW, CONTRACTOR IS NOT ASSUMING LIABILITY FOR LOSS OR DAMAGE DUE
SOLELY TO THE NEGLIGENCE OF AN INDEMNIFIED PARTY.
IN ADDITION TO THE FOREGOING, THE INDEMNITY OBLIGATIONS OF CONTRACTOR SHALL APPLY
TO CLAIMS, DAMAGES AND LIABILITIES OF THE NATURE IDENTIFIED IN PARAGRAPH 3.18.1.2
ABOVE CAUSED BY THE NEGLIGENCE, BUT NOT THE SOLE NEGLIGENCE, OF ANY OF THE
INDEMNIFIED PARTIES TO THE EXTENT, BUT NO FURTHER THAT THE NEGLIGENCE OF ANY
INDEMNIFIED PARTY IS ALLEGED OR PROVEN TO BE BASED UPON (A) THE EXECUTION AND
DELIVERY OF THE CONTRACT DOCUMENTS (B) THE FAILURE TO SUPERVISE, MONITOR OR
CONTROL CONTRACTORS OR ANY OF ITS SUBCONTRACTORS (OF ANY TIER) ACTIVITIES ON OR
ABOUT THE SITE OR OTHERWISE IN RESPECT TO PERFORMANCE OF THE WORK OR (C) A FAILURE
BY ANY OF THE INDEMNIFIED PARTIES TO ENFORCE THE CONTRACTOR’S OBLIGATIONS UNDER
THE CONTRACT DOCUMENTS.
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be
liable, the indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of
damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’
compensation acts, disability benefit acts or other employee benefit acts.
§ 3.18.3 The obligations of the Contractor under paragraph 3.18.1 shall not extend to the liability of the Contractor
the Contractor’s Consultants, Architect, the Architect’s consultants, a registered engineer, and agents and employees
of any of them for damage that is caused by or results from (1) defects in plans, designs or specifications prepared,
approved, or used by the Architect or engineer or negligence of the Architect or engineer in the rendition or conduct
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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of professional duties called for, or arising out of the Construction Documents; and (2) arises from personal injury or
death, property injury, or any other expense that arises from personal injury, death or property injury.
PAGE 23
Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the The Owner and Contractor shall endeavor to communicate with each other through the Architect
about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants
shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through
the Contractor. Communications by and with separate contractors shall be through the Owner.
PAGE 24
§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date
of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the
Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and
assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section
9.10. In the event Architect is required to perform more than one inspection to determine the date or dates of
Substantial Completion or final completion due to Contractor’s failure to meet the conditions for such completion,
Contractor shall be responsible for paying or reimbursing Owner for the cost of any Additional Services charged by
Architect under the agreement between Owner and Architect.
…
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of
the Work at the site. site, away from the site, or otherwise to furnish labor or materials. The term "Subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or
subcontractors of a separate contractor. The term "Subcontractor" includes persons supplying materials or
equipment for the Work.
PAGE 25
§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the
Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but
rejected Subcontractor was reasonably capable of performing the Work, Work and was rejected for a reason other
than good cause, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any,
occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute
Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change
unless the Contractor has acted promptly and responsively in submitting names as required. Any change order must
comply with subparagraph 7.1.4 of these General Conditions. "Good cause" shall include, but not be limited to,
Owner or Architect’s prior experience of unsatisfactory work performed by the Subcontractor or debarment of the
Subcontractor.
…
By appropriate agreement, written where legally required for validity, written agreement, the Contractor shall
require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the
Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these
Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the
rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the
Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor,
unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress
against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate,
the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The
Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may
be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of
such documents available to their respective proposed Sub-subcontractors.
…
.1
.2
.3
.4
assignment is effective only after termination of the Contract by the Owner for cause pursuant to
Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the
Subcontractor and Contractor in writing; and
assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract.the Contract;
such assignment shall not constitute a waiver by Owner of any of its rights against Contractor,
because of defaults, delays and defects for which a Subcontractor or material vendor may also be
liable; and
the subcontractor provides bonds as required by law of prime contractors, and by Owner.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and
obligations under the subcontract.the subcontract, provided, however, that Owner does not assume Contractor’s
obligations or liabilities for defaults occurring prior to Owner’s assumption, or for the payment to the subcontractor
or supplier for Work, if payment for such Work has previously been made to Contractor. Such liabilities or
obligations shall remain with Contractor.
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s
compensation shall be equitably adjusted for increases in cost resulting from the suspension. Any change orders
increasing the Subcontractor’s compensation must comply with Article 7.
§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to
a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity,
the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the
subcontract.
PAGE 27
§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are
described for the Contractor in Section 3.14. If such separate contractor initiates a claim or legal or any other
proceedings against the Owner on account of any damage alleged to have been caused by the Contractor, the Owner
shall notify the Contractor, who shall defend such proceedings at its own expense, and if any judgment or award
against the Owner arises therefrom, based on Contractor’s act or omissions or the act or omissions of Contractor’s
employees, Subcontractor or parties for whom Contractor has liability, the Contractor shall pay or satisfy it and shall
reimburse the Owner for all attorneys’ fees and court or other costs which the Owner has incurred over and above
those paid for directly by the Contractor.
§ 6.2.6 The Contractor shall be responsible for any delays to a separate contractor caused by the Contractor or its
Subcontractor.
…
§ 7.1.4 Notwithstanding any provision in this Article 7 to the contrary, changes in the Work must be made in
accordance with the following: (i) No change shall materially reduce the gross square footage to be contained in the
Project, cause the Project to fail to comply with Subchapter CC, Rule 61.1033 (School Facilities) Title 19, Chapter
61 of the Texas Administrative Code, or materially alter the basic layout of the Project, or involve the use of
materials which will not at least equal in quality to the materials originally specified in or required by the Plans and
Specifications, or the Contract unless Owner has previously consented (which consent shall not be unreasonably
withheld, conditioned, or delayed), (ii) no change may be approved in excess of $25,000 without Owner’s prior
written consent (which consent shall not be unreasonably withheld, conditioned, or delayed), and all changes for the
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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Project shall not aggregate more than 25% without the prior written consent of the Owner (which consent shall not
be unreasonably withheld, conditioned, or delayed).
PAGE 29
§ 7.3.11 All proposals for a change involving an increase or decrease in the amount of the Contract Sum shall be
submitted by the Construction Manager in a completely itemized breakdown form acceptable to the Owner that shall
include, but not be limited to, the following:
a.
b.
c.
d.
e.
f.
Material quantities and input prices (separated into trades).
Labor costs.
Construction equipment.
Worker’s Compensation and Commercial General Liability insurance and other insurance required by
the Contract Documents.
Social Security Tax.
General Conditions.
The Contractor shall furnish spreadsheets from which the breakdowns were prepared, plus spreadsheets, if requested
by Owner, from any Subcontractor.
Full credit, but without overhead, shall be given for deductions.
The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be
effected by written order signed by the Architect and shall be binding on the Owner and Contractor. Architect will
notify Owner in writing of such changes at the time ordered.
§ 7.5
ALLOWABLE MARKUPS FOR CHANGES IN THE WORK
§ 7.5.1 The allowance for the combined overhead and profit included in the total cost to the Owner shall be based
on the following schedule:
.1
For the Contractor for work performed by the Contractor’s own forces, a maximum make up of 10 percent
of that cost, or as described in the AIA A101-2007 if project is procured through the Competitive Sealed Proposal
method.
.2
For the Contractor for work performed by the Contractor’s Subcontractor(s), 5 percent of the amount due
the Subcontractor (s), or as described in the AIA A101-2007 if project is procured through the Competitive Sealed
Proposal method.
.3
For each Subcontractor of Sub-subcontractor involved, for work performed by that Subcontractor’s or
Sub-subcontractor’s own forces, 10 percent of the cost.
.4
For each Subcontractor for work performed by the Subcontractor’s Sub-subcontractor’s, 5 percent of the
amount due the Sub-subcontractor(s).
.5
Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph
7.3.7.
.6
In order to facilitate checking of quotations for extras or credits, all competitive proposals of contractors,
Subcontractors, and Sub-subcontractors, (except those so minor that their propriety can be seen by inspection) shall
be accompanied by a complete and detailed work sheet showing itemization of costs including labor, materials and
other costs.
PAGE 30
§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of
the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by
changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other
causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
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by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change
Order for such reasonable time as the Architect may determine.
§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of
the Contract Documents.
§8.3.1 If the Contractor is delayed at any time in progress of the work by an act or neglect of the Owner or
Architect/Engineer, or of an employee of either or of a separate contractor employed by the Owner, or by changes
ordered in the Work, or by occurrences beyond the control and without the fault or negligence of Contractor and
which by the exercise of reasonable diligence Contractor is unable to prevent or provide against, including area wide
industry labor disputes (other than disputes limited to the work force of, or provided by, the Contractor or its
Subcontractors), fire, unusual delay in deliveries not reasonably anticipatable, unavoidable casualties or by other
occurrences which the Architect/Engineer, subject to Owner’s approval, determines may justify delay, then,
provided that Contractor is in compliance with Paragraph 6.6 hereof, the contract Time shall be extended by
Change Order or Construction Change Directive for the length of time actually and directly caused by such
occurrence as determined by Architect/Engineer and approved by Contractor and Owner (such approval not to be
unreasonably withheld, delayed or conditioned); provided, however, that such extension of Contract Time shall be
net of any delays caused by or due to the fault or negligence of Contractor or which are otherwise the responsibility
of Contractor and shall also be net of any contingency or "float" time allowance included in Contractor’s
construction schedule. Contractor shall, in the event of any occurrence likely to cause a delay, cooperate in good
faith with Architect/Engineer and Owner to minimize and mitigate the impact of any such occurrence and do all
things reasonable under the circumstances to achieve this goal. Notwithstanding anything herein to the contrary,
extension of time provided for the completion of the Work shall be Contractor’s sole remedy for delay, unless the
same shall have been caused by acts constituting intentional interference by Owner with Contractor’s performance
of the Work and where to the extent that such acts of Owner continue after Contractor’s notice to Owner of such
interference. Owner’s exercise of any of its rights under the contract, including without limitation, its rights under
Article 6, Changes in the Work, regardless of the extent or number of such changes or Owner’s exercise of any of its
remedies of suspension of the Work or requirement of correction or re-execution of any defective Work, shall not
under any circumstances be construed as intentional interference with Contractor’s performance of the Work.
§8.3.2The Contractor shall not be entitled to compensation for delays of any kind whatsoever, including, but not
limited to delays caused by Acts of God, strikes, disputes with subcontractors, shortages in materials, and conduct of
the Owner or Owner’s agents, except when the contractor suffers direct and unavoidable extra cost due to active
interference, bad faith, or misrepresentation on the part of the Owner, or Owner’s authorized representative, and the
contractor furnishes a written statement thereof to the Owner with thirty (30) days of the delay in accordance with
the terms of this Contract for providing notice. Any claims under this provision shall be resolved as provided
herein, or if not so agreed to in this Contract, as allowed by law.
§8.3.3 Interruption
§8.3.3.1 The Contractor shall provide adequate and proper protection to the existing buildings and premises
occupied by the Owner during the execution and completion of work required under these specifications and the
accompanying drawings in such manner that the Owner’s operations work is being done without interference,
interruption, or inconvenience.
§ 8.3.4 Weather Delays
§8.3.4.1Adverse weather conditions not reasonably anticipatible have been set after reviewing historical weather
patterns. Historical weather patterns have been reviewed and the following weather delay averages shall be
anticipated by the contractor:
January
February
March
April
3 days
3 days
2 days
3 days
May
June
July
August
4 days
3 days
2 days
2 days
September
October
November
December
4 days
3 days
3 days
3 days
Weather delays beyond the anticipated days may be submitted by the Contractor to the Architect for review and
forwarded to the Owner for consideration. Owner’s review and consideration will be upon documented delay in
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
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Contractor’s work and progress caused by weather. Delays will only be considered for time extension for that
portion of the work during which the delay occurred.
§ 8.3.5 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.6 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of
the Contract Documents. Any provision of the Contract Documents to the contrary notwithstanding, it is
expressly agreed that the extension of the Contract Time shall be Contractor’s sole remedy for any delay
unless the same shall have been caused by acts constituting interference by the Owner which interfere with
Contractor’s performance of the work, and then only to the extent that such acts continue after Contractor’s
written notice to Owner of such interference. Owner’s exercise of any of its rights under the Contract
Documents or Owner’s exercise of any of its remedies of suspension of the Work or requirement or correction
or re-execution of any defective Work shall not, under any circumstances, be construed as interference with
Contractor’s performance of the Work.
PAGE 32
§ 9.3.1.3 All progress payment requests shall be accompanied by (i) an itemization of all Subcontractors and material
suppliers, the amounts due each and the amounts to be paid out of said progress payment to each of them and (ii) by
unconditional lien waivers releasing all liens and lien rights with respect to Work for which Owner has made
payment under a prior progress payment request in a form reasonably satisfactory to Owner from Contractor and all
its subcontractors and material suppliers with contracts in excess of $25,000.00. When Contractor submits its
request for payment of retainage, Contractor shall submit "All Bills Paid" affidavits and unconditional final lien
waivers fully releasing all liens and lien rights with respect to the Work in a form reasonably satisfactory to Owner
from Contractor and all its Subcontractors and material suppliers with contracts in excess of $25,000.00.
Applications for Payment shall be certified as correct by Contractor. Each Application for Payment shall also be
accompanied by Certified Payrolls and such other affidavits, certificates, information, data and schedules as Owner
may reasonably require. The Owner is not required to make any payment to Contractor to the extent reasonably
necessary to protect Owner if Contractor has not supplied all items required by the Agreement, this Section 9.3.1
and its subparts, or any other provision of the Contract Documents.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance
by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location
agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such
materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable
insurance, storage and transportation to the site for such materials and equipment stored off the site. Upon payment
by the Owner of the invoiced cost, title to all such materials and equipment shall irrevocably pass to the Owner.
The Contractor warrants that title to all materials and equipment covered by an Application for Payment will pass to
the Owner upon the receipt of payment by the Contractor. Such title shall be free and clear of all liens, claims,
security interests or encumbrances. No work, material or equipment covered by an Application for Payment shall
be subject to an agreement under which an interest is retained or an encumbrance is attached by the seller, the
Contractor, or other party.
…
§ 9.3.4 Contractor agrees (1) to subordinate its mechanics’ or materialmen’s lien or any other claim against any part
of the Work of the Project on which the Work is performed or materials furnished under the Contract Documents to
the valid and perfected liens securing payment of sums now or hereafter borrowed by Owner, its successors and
assigns, in connection with the development, design, or construction of the Project as contemplated by the
Construction Documents, provided that the holders of such superior liens expressly agree to provide Contractor with
notice of Owner’s default and allow Contractor a reasonable period of time in which to cure Owner’s default, and
(2) that the required subordinations are made in consideration of and as an inducement to the execution and delivery
of the Contract Documents, and shall be applicable despite any dispute between or among Owner, Contractor, or any
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
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Subcontractor or any default by Owner, Contractor, or and Subcontractor under the Contract Documents or any
other subcontract or contract relating to the Project. This Agreement subject to 35.521 of the Tex. Bus. & Com.
Code, not-withstanding anything to the contrary contained herein.
PAGE 34
§ 9.6.2 The Contractor will receive the payments made by Owner and will hold such payments in trust to be applied
first to the payment of Subcontractors and any other parties furnishing labor, materials, equipment or services for the
Work in accordance with the provisions of their subcontracts. The Contractor shall pay each Subcontractor no later
than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled,
reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion
of the Work. Work, and before using any part of the payment from the Owner for any other purpose. The Contractor
shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to
Sub-subcontractors in a similar manner. If the Contractor has failed to make payment promptly to the Contractor’s
subcontractors or for materials or labor used in the Work for which the Owner has made payment to the Contractor,
the Owner shall be entitled to withhold payment to the Contractor in part or in whole to the extent necessary to
protect the Owner.
…
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly
paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for
subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the The Owner shall have
the right to contact Subcontractors at all times to ascertain whether they have been properly paid. Neither the Owner
nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may
otherwise be required by law. Progress payments may, in the discretion of Owner, be made in the form of checks
payable jointly to the Contractor and such parties. In the event Owner receives any notices of non-payment from
parties furnishing labor, materials, equipment or services for the Work, progress payments and/or final payment
may, in the discretion of Owner, be made in the form of checks payable jointly to the Contractor and such parties for
such amounts as the Contractor agrees or the Owner determines are due. Notwithstanding any other provision in
the Contract Documents, neither the Owner nor Architect shall have an obligation to pay or to see to the
payment of money to a Subcontractor, except as may otherwise be required by law.
…
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use. Operation and maintenance data shall have been submitted and approved, system
demonstrations have been performed, and a certificate of occupancy shall have been issued before Substantial
Completion can be achieved. The Work will not be considered suitable for Substantial Completion review until all
required governmental inspections and certifications have been made and posted, all final finishes within the
Contract Documents are in place as required by the Specifications, and there shall have been a completion of and
acceptance by Owner of all major punch-list items and a majority of minor items of a cosmetic nature, so that the
Owner could occupy or otherwise utilize the Project on that date and the completion of the Work by the Contractor
would not materially interfere or hamper the Owner’s (or those claiming by, through or under the Owner) normal
business operations. As a further condition of Substantial Completion acceptance, the Contractor shall certify that all
remaining Work will be completed within thirty (30) consecutive calendar days following the date of Substantial
Completion. In the event substantial completion is not achieved by the designated dated, or as it may be extended,
Owner may withhold payment of any further sums due until substantial completion is achieved. Owner shall also
be entitled to deduct out of any sums due to Contractor any or all liquidated damages due Owner in accordance with
the Agreement Between the Owner and Construction Manager.
PAGE 35
§ 9.8.2.1 The Contractor’s Project Manager or superintendent shall participate in the preparation of the Contractor’s
punch list that is submitted to the Architect and Owner for supplementation. Upon receipt, the Architect shall
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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perform a spot review to determine the adequacy and completeness of the Contractor’s punch list. Should the
Architect determine that the Contractor’s punch list lacks sufficient detail or requires extensive supplementation, the
punch list will be returned to the Contractor for further inspection and revision. The date of Substantial Completion
will be delayed until the punch list submitted is a reasonable representation of the work to be done.
§ 9.8.2.2 Upon receipt of an acceptable Contractor’s punch list, the Contractor’s Superintendent shall accompany
the Architect, his Consultants and the Owner (at his discretion) during their inspections and the preparation of verbal
or written additions to the Contractor’s punch list. The Contractor’s Project Manager or Superintendent shall record
or otherwise take notes of all supplementary items and incorporate into the Final Punch List. A typed, addition to the
supplements to the punch list will be made by the Contractor. This procedure will produce a Final Punch List that
has the Contractors, Architects, Consultants and Owner’s comments incorporated in only one list.
§ 9.8.2.3 The Contractor’s Project Manager or Superintendent shall have been in attendance during the inspections
of the Architect and his Consultants and will have been expected to take his own notes for addition to the Final
Punch List.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish
responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion
of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
Architect is obligated under the agreement between Owner and Architect to make only a limited number of site
visits to determine dates of Substantial Completion. Any fee which Owner incurs for additional site visits of
Architect for determination of Substantial Completion will be at the expense of Contractor. Owner will deduct
amount of Architect’s compensation for re-inspection services from final payment or, at the Owner’s discretion, may
require the Contractor to reimburse the Owner for such costs directly.
PAGE 36
§ 9.8.5.1
After the date of Substantial Completion of the project as evidenced by the Certificate of
Substantial Completion, 1992 Edition, the Contractor will be allowed a period of sixty (60) days, unless extended by
mutual agreement or provision of the Contract, within which to complete all work and correct all deficiencies
contained in the punch list attached to the Certificate of Substantial Completion. Failure by the Contractor to
complete such corrections within the stipulated time will be reported to the Contractor’s surety. In the report of
deficiency the Contractor and surety will be informed that, should correction remain incomplete for thirty (30)
additional days, the Owner will initiate action to complete corrective work out of the remaining contract funds in
accordance with Article 14.2. Additional costs of the Owner, Architect, and other consultants incurred because of
the Contractor’s failure to complete the correction of deficiencies within sixty (60) days after the date of Substantial
Completion, unless extended by mutual agreement or provision of the contract, will be deducted from the funds
remaining to be paid to the Contractor. Should corrective work following Substantial Completion require more than
one re-inspection after notification by the Contractor that corrections are complete; the cost of subsequent
inspections shall also be deducted from funds remaining unpaid to the Contractor.
§ 9.8.6 The following items are a partial list of requirements, as applicable to the Project, which
must be completed prior to establishment of a Substantial Completion date.
01
All work as identified in each section of the Specifications must be complete.
02
All fire alarm system components must be completed and demonstrated to the Owner.
03
Local fire marshal approval certificate must be delivered to the Owner.
04
Health Department approval and certificate must be delivered to Owner.
05
All HVAC Water Balancing must be complete.
06
All HVAC Testing and Balancing must be complete.
07
All energy management systems and controls must be complete, fully operational and demonstrated to the
Owner.
08
All final lockset cores must be installed and all final Owner directed keying completed.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
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09
All room plaques must be complete.
10
All Owner demonstrations must be completed or scheduled, including HVAC equipment, plumbing
equipment, and electrical equipment, all life safety systems, and any special systems.
11
A final Certificate of Occupancy must be signed by the governing authority and delivered to the Owner.
12
City County approvals and compliance certificates must be delivered to the Owner.
13.
All final exterior clean-up must be complete and landscaping.
14
All final interior clean up must be complete.
15
All State Insurance Board Certificates shall be furnished related to windstorm and flood.
PAGE 37
§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance
and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information
and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being
entitled to final payment have been fulfilled. Owner may rely on other provisions of the Contract Documents, as
well as the Architect’s Certificate, in determining the payment to be made to Contractor. Architect is obligated under
the agreement between Owner and Architect to make only a limited number of site visits to determine Final
Completion. Any fee which Owner incurs for additional site visits of Architect for determination of Final
Completion will be at the expense of Contractor. Owner will deduct amount of Architect’s compensation for
re-inspection services from final payment or, at the Owner’s discretion, may require the Contractor to reimburse the
Owner for such costs directly.
…
§ 9.10.2.1 Upon the completion of the Punch List attached to the Certificate of Substantial Completion the Contactor
shall have 60 days to reach Final Completion. Prior to final payment and in addition to other final closeout items
specified, the Contractor shall submit in duplicate to the Architect
the following completed forms:
01
Contractor’s Affidavit of Payment of Debts and Claims, AIA Document G706. (modified)
02
Contractor’s Affidavit of Release of Liens, AIA Document G706A. (modified)
03
Contractors, Subcontractors and suppliers separate Lien Releases on the prescribed forms with signature
and notary seal on the same sheet of paper.
04
Consent of Surety to Final Payment, AIA Document G707.
05
General Contractor’s guarantee - notarized.
06
Subcontractor’s guarantees - notarized.
07
Special extended warranties and guarantees - notarized.
08
Notarized affidavit from each subcontractor or supplier who furnished material incorporated into the Work
stating that no asbestos building materials were used.
09
Submit in a binder, all MSDS sheets from each material manufacturer.
10
Maintenance and instruction manuals. Three (3) sets of each bound in a three inch (3") ’D-slant’ ring
binder.
11
Record Drawings. Reproducible black on white prints as approved by the Owner, and Auto Cad Electronic
Disks & CD.
12
Final list of subcontractors (AIA Document G805).
13
Refer to Specification for additional close-out requirements
14
Note: The forms required in items 01 through 08 above shall each be furnished with original signatures
and all blanks filled in.
Documents identified as affidavit must be notarized. All manuals will contain an index listing the information
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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submitted. The index sections will be divided and identified by tabbing each section as listed in the index.
PAGE 38
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
.1
liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
.2
failure of the Work to comply with the requirements of the Contract Documents; or
.3
terms of special warranties required by the Contract Documents.Owner.
…
.1
employees on the Work Work, school personnel, students, and other persons on Owner’s premises,
and other persons who may be affected thereby;
…
§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under
Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or
anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable,
and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor’s obligations under Section 3.18.
PAGE 39
§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against
claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence
of the party seeking indemnity.Prior to commencement of the Work, Owner will provide all reports in its possession
or control relating to environmental condition of the Project.
…
§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency
for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by
the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby
incurred.reasonable remediation cost and expense thereby incurred, provided that Contractor shall first notify Owner
of any claim made against Contractor by a governmental agency for remediation prior to commencing remediation.
The Owner shall have the right, but not the obligation, to undertake such remediation at Owner’s expense.
PAGE 40
§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims
set forth below No Work will be commenced and no equipment or materials can be shipped until all requirements of
this Article have been satisfied, satisfactory evidence of insurance has been provided, and all insurance is in full
force and effect. Contractor shall notify Owner and Architect in writing of any insurance changes requirements,
and shall notify Owner and Architect in writing of any insurance changes which occur during the terms required
under the Contract Documents. Any deviation from these requirements can only be approved by Owner’s Board of
Trustees. Any nonconformity may be grounds for termination or modification of the Contract. To the extent that
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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Contractor is unable to procure the insurance designated herein because the insurance is not reasonably available or
is cost-prohibitive, then Contractor shall provide written notice to Owner’s Board of Trustees. Said lack of
insurance may then be grounds for termination or modification of this Agreement. No Work will be commenced and
no equipment or materials can be shipped until all requirements of this Article have been satisfied, satisfactory
evidence of insurance has been provided, and all insurance is in full force and effect. Contractor shall notify Owner
and Architect in writing of any insurance changes requirements, and shall notify Owner and Architect in writing of
any insurance changes which occur during the terms required under the Contract Documents. Any deviation from
these requirements can only be approved by Owner’s Board of Trustees. Any nonconformity may be grounds for
termination or modification of the Contract. To the extent that Contractor is unable to procure the insurance
designated herein because the insurance is not reasonably available or is cost-prohibitive, then Contractor shall
provide written notice to Owner’s Board of Trustees. Said lack of insurance may then be grounds for termination
or modification of this Agreement. The Contractor and the Contractor’s Subcontractors shall purchase and
maintain such insurance as will protect them and the Owner from claims which may arise out of or result from the
Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally
liable, whether such operations be by the under the Contract, whether such operations be by any Contractor or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them
may be liable:liable, including the following:
.1
Claims claims under workers’ compensation, disability benefit and other similar employee benefit
acts that which are applicable to the Work to be performed;
.2
Claims claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor’s employees;
.3
Claims claims for damages because of bodily injury, sickness or disease, or death of any person other
than the Contractor’s employees;
.4
Claims claims for damages insured by usual personal injury liability coverage;
.5
Claims claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property, including loss of use resulting therefrom;
.6
Claims claims for damages because of bodily injury, death of a person or property damage arising out
of ownership, maintenance or use of a motor vehicle;
.7
Claims claims for bodily injury or property damage arising out of completed operations; and
.8
Claims claims involving contractual liability insurance applicable to the Contractor’s obligations
under Section 3.18.
§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the
Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an
occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the
Work until the date of final payment and termination of any coverage required to be maintained after final payment,
and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction
of Work or for such other period for maintenance of completed operations coverage as specified in the Contract
Documents.Satisfactory evidence of insurance required by this Article shall be provided to Owner and Architect not
later than five business days after execution of the Contract by Owner. Satisfactory evidence shall include copies
of the required insurance policies, declarations and endorsements themselves. In addition, Contractor shall also
provide: 1) a duly-executed ACORD Certificate of Insurance, Form 25-S with the following language added to the
"Special Provisions" Section: "the language in the "Cancellation" section is replaced as follows: Should any of the
above-described policies be cancelled before the expiration date thereof, the issuing insurer shall mail thirty (30)
days written notice to the certificate holder named to the left"; and 2) a duly executed ACORD Evidence of
Commercial Property Insurance, Form 28 (2003-10). A copy of the general liability additional insured
endorsement shall also be provided. The Contractor shall furnish Owner all insurance amendments, renewals,
notices, cancellations and additional endorsements as they are provided to Contractor.
§ 11.1.2.1 Such certificates of insurance and evidence of insurance shall specify:
a.
The owner as a certificate holder with correct mailing address.
b.
Insured’s name, which must match that on this Agreement.
c.
Insurance companies affording each coverage, policy number of each coverage, policy dates of each
coverage, all coverages and limits described herein, and signature of authorized representative of
insurance company.
d.
Producer of the certificate with correct address and phone number listed.
e.
Additional insured status required herein.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
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f.
g.
h.
i.
Amount of any deductibles and/or retentions.
Cancellation and reduction in coverage notification as required by this Agreement.
Designated Construction Project Aggregate Limits required herein.
Personal Injury contractual liability required herein.
§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of
the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the
insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An
additional certificate evidencing continuation of liability coverage, including coverage for completed operations,
shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal
or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning
reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be
furnished by the Contractor with reasonable promptness.OWNER shall be named additional insured on the
Commercial General Liability and Umbrella and Business Auto Policies. With respect to the Commercial General
Liability policy, ISO form CG 20 10 10 01 and GC 20 37 10 01 or its equivalent or broader will be attached to the
policy and continue in force one (1) year commencing after the issuance of the final payment certificate. It is the
intent of the parties to this Agreement that this Additional Insured status shall include coverage for completed
operations.
§ 11.1.3.1 The Contractor’s coverage is not permitted to include any of the following endorsements. The certificate
of insurance shall list all exclusions and limitations added by endorsement to the commercial general liability
insurance coverage.
a.
b.
c.
d.
e.
f.
g.
h.
Contractual Liability Limitation, CG 21 39.
Amendment Of Insured Contract Definition, CG 24 26
Exclusion-Explosion, Collapse and Underground Property Damage Hazard, CG 21 42 or CG 21 43
Limitation of Coverage To Designated Premises or Project, CG 21 44 07 98
Exclusion-Damage To Work Performed By Subcontractors on Your Behalf, CG 22 94 or CG 22 95
Any type of Classification or Business Description Limitation Endorsement
Any type of Construction Defect Completed Operations exclusion
Any type of exclusion regarding Owner or Contractor Controlled Insurance Program or "Wraps" if
the Contractor is engaged in such work
i.
Any type of Punitive, Exemplary or Multiplied Damages Exclusion
Any type of Subsidence exclusion if the Contractor is engaged in any type of earth movement work, including but
not limited to compaction, fill, or installation of storm or sewer drains.
§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to
include (1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in
whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the
Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions
during the Contractor’s completed operations.All insurance required herein shall be primary to and shall seek no
contribution from all insurance available to Owner, with Owner’s insurance being excess, secondary and
non-contributing. This CGL coverage shall be endorsed to provide such primary and non-contributing liability
coverage. All insurance shall contain a waiver of subrogation in favor of Owner on all claims arising out of the
Project. The policies shall provide such waivers of subrogation by endorsement or otherwise
PAGE 41
§ 11.3.1 Unless otherwise provided, the Owner shall The Contractorshall purchase and maintain, in a company or
companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance
written on a builder’s risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value
of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for
the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall
be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10
or until no person or entity other than the Owner has an insurable interest in the property required by this Section
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
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11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor,
Subcontractors and Sub-subcontractors in the Project.
PAGE 42
§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of
the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to
commencement of the Work. The Contractor may then effect insurance that will protect the interests of the
Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof
shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or
maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all
reasonable costs properly attributable thereto.property insurance requires deductibles, the Owner shall pay costs not
covered because of such deductibles.
§ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such
deductibles.This property insurance shall cover portions of the Work stored off the site, and also portions of the
Work in transit.
§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work
in transit.Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company
or companies providing property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.
§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company
or companies providing property insurance have consented to such partial occupancy or use by endorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.
§ 11.3.2 BOILER AND MACHINERY INSURANCE
The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by
law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;
this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work,
and the Owner and Contractor shall be named insureds.Before an exposure to loss may occur, the Owner shall file
with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each
policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this
Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its
limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor.
§ 11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss
of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action
against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other
hazards however caused.
§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other
special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such
insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.
§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or
adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final
payment property insurance is to be provided on the completed Project through a policy or policies other than those
insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of
Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All
separate policies shall provide this waiver of subrogation by endorsement or otherwise.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
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§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that
includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision
that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’
prior written notice has been given to the Contractor.
The Owner and Contractor waive all rights against (1) each other and any of their subcontractors,
sub-subcontractors, Contractor waives all rights against (1) the Owner and any of the Owner’s subcontractors,
sub-subcontractors, officers, elected officials, agents and employees, each of the other, and (2) the Architect,
Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors,
sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered
by property insurance obtained by the Contractor pursuant to this Section 11.3 or other property insurance applicable
to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The
Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors
described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by
appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties
enumerated herein. The policies shall . The Contractor will notify the issuing insurance company or companies or
trust administrator of the waiver set forth in this Section and will cause the policies to provide such waivers of
subrogation by endorsement or otherwise. otherwise, and will take all steps necessary to prevent invalidation of
coverage and to waive the insurer’s rights of subrogation against the parties enumerated herein. A waiver of
subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty
of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether
or not the person or entity had an insurable interest in the property damaged.
§ 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made
payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of
insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for
validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,
give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against
proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the
Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in
accordance with the method of binding dispute resolution selected in the Agreement between the Owner and
Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for
convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change
in the Work in accordance with Article 7.
§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties
in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if
such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the
method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the
method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a
dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators.
§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering Performance and
Payment Bonds shall be required for all work where the Contract exceeds $25,000.00. After award of contracts by
Owner, the successful Bidder, at Bidder’s expense, must deliver to the Owner Performance and Payment Bonds,
executed by Contractor and Surety, in an amount of 100% of the accepted bid as security for the faithful
performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or
specifically required in the Contract Documents on the date of of all persons performing labor and furnishing
materials in connection with this Contract. Bonding Company must be licensed, listed, and approved in the State of
Texas (State Board of Insurance/Texas Department of Insurance). Bonding Company shall provide on request such
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
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other information as necessary to document net worth, stability, total bonding capacity, and projects under coverage,
to demonstrate adequate financial capacity for this Project. If the Contract sum exceeds the underwriting limitation
of the Surety on the most recent list of acceptable sureties, the Contractor shall provide the Owner with evidence
that the excess is protected by re-insurance or co-insurance in a form and amount acceptable to the Owner. Such
bonds shall meet the requirements of and be in the form required by Chapter 2253 of the Texas Government Code.
Owner reserves the right to approve the surety or sureties proposed by Contractor. Proof of valid payment and bonds
shall be provided to the Owner prior to execution of the Contract.
PAGE 43
§ 11.5 WORKERS’ COMPENSATION INSURANCE COVERAGE
A. Definitions:
Certificate of coverage ("certificate")—A copy of a certificate of insurance, a certificate of authority to
self-insure issued by the Texas Workers’ Compensation 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 the 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 work on the project has been completed and accepted by the Owners.
"Persons providing services on the Project" ("subcontractor" in Texas Labor Code Section
406.096)—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.
B.
C.
D.
E.
F.
G.
H.
"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other services related to the Project. Services do not include
activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery
of portable toilets.
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 Owner prior to being awarded the
Contract.
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 Owner showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the Project, and provide to the
Owner:
(1)
A certificate of coverage, prior to that person beginning work on the Project, so the
Owner will have on file certificates of coverage showing coverage for all persons
providing services on the Project; and
(2)
No later than seven days after receipt by the Contractor, an 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.
The Contractor shall retain all required certificates of coverage for the duration of the Project and for
one year thereafter.
The Contractor shall notify the Owner 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.
The Contractor shall post on the 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
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
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that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
I. The Contractor shall contractually require each person with whom it contracts to provide services on
the Project to:
(1)
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;
(2)
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;
(3)
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;
(4)
Obtain from each other person with whom it contracts, and provide to the Contractor:
(a)
A certificate of coverage, prior to the other person beginning work on the
Project; and
(b)
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;
(5)
Retain all required certificates of coverage on file for the duration of the Project and for
one year thereafter;
(6)
Notify the Owner in writing by certified mail or personal delivery, within ten 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
(7)
Contractually require each person with whom it contracts, to perform as required by
items (1) – (6) listed immediately above, with the certificates of coverage to be provided
to the person for whom they are providing the services.
J. By signing this Contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the Contractor who will provide services
on the Project will be covered by workers’ compensation insurance 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 Texas Workers’ Compensation 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.
K. The Contractor’s failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the Owner to declare this Contract void if the Contractor does not remedy the
breach within ten (10) days after receipt of notice of breach from the Owner.
The coverage requirement recited above does not apply to sole proprietors, partners, and corporate officers who are
excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for
delivery, or renewed on or after January 1, 1996.
PAGE 45
§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of
Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,
any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor
shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously
given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after
discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the
Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require
correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct
nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or
Architect, the Owner may correct it in accordance with Section 2.4.and all costs for doing so will be assessed against
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
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the Contractor, and Owner’s actions to correct the nonconforming Work will not constitute a waiver of any
warranties or rights the Owner might possess. Any provision in the Contract Documents to the contrary
notwithstanding, the Contractor’s warranty obligations under this Section 12.2.2 are in addition to any other
warranty obligations provided by the Contract Documents, this Agreement or law, including warranties provided by
subcontractors, suppliers and manufacturers. Contractor shall assign all assignable subcontractor, supplier and
manufacturer’s warranties affecting the Work or any portion to Owner as a condition to final payment. Owner may
enforce any warranty obligations separately, concurrently or successively. The "prompt" correction of defective
work by the Contractor after receipt of Warranty Claim notification from the Owner as described above shall be
defined as follows:
01
The Contractor shall make written response to the Owner within twenty-four (24) hours of receipt of the
Warranty Claim acknowledging receipt of the claim and providing the proposed schedule to conduct corrective
work. Corrective work shall not interfere with the Owner’s normal operation and use of the Work, unless expressly
approved by the Owner.
02
For corrective work which is not a life safety issue or which will not, by the nature of the defect, cause
subsequent damage to the building or other Work, corrective work shall be completed within fourteen (14) days.
03
For corrective work which by its nature may cause subsequent damage to the building or other Work,
corrective work required to prevent subsequent damage shall be completed within twenty-four (24) hours, and if
such work is a temporary repair, permanent repair of the corrective work shall be completed within seven (7) days.
The Contractor shall appropriately complete all corrective work relative to subsequent damage caused by a Warranty
Claim.
04
For corrective work which affects services to, and ordinary use of the Building, corrective work shall be
completed within twenty-four (24) hours, and if such work is a temporary repair, permanent repair of the corrective
work shall be completed within seven (7) days.
05
The time frames stated above for completion of permanent corrective work shall be equitably adjusted as
required for legitimate delays caused by weather delays, material acquisition and other factors beyond the
Contractor’s direct control.
PAGE 46
The Contract shall be governed by the law of the place where the Project is located except that, if the parties have
selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section
15.4.which is Wharton County, Texas.
PAGE 47
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate
as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at
the place where the Project is located.in accordance with the Texas Prompt Payment Act, Texas Government Code,
Chapter 2251.
…
§ 13.8 MECHANIC’S AND MATERIALMEN’S LIENS
§ 13.8.1 Contractor shall save and keep Owner, Owner’s financing proceeds, and the Project free from all mechanic’s
and materialmen’s liens and all other liens and claims, legal or equitable, arising out of Contractor’s Work
hereunder. In the event any such lien or claim is filed by anyone claiming by, through, or under Contractor,
Contractor shall remove and discharge same within ten (10) days of the filing thereof unless it is contested in good
faith by the contractor.
§ 13.8.2 Contractor shall and hereby does subordinate any and all liens, rights, and interest (whether choate or
inchoate and include, without limitation, all mechanic’s and materialmen’s liens under the applicable laws of the
State of Texas, whether contractual, statutory, or constitutional) owned, claimed, or held, or to be owned, claimed,
or held by Contractor in and to any part of the Work or the site on which the Work is performed, to the liens
securing payments of sums now or hereafter borrowed by Owner, its successors and assigns, in connection with the
development, design, or construction of the Project as contemplated by the Construction Documents provided that
the holders of such superior liens expressly agree to provide Contractor with notice of Owner’s default and allow
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
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Contractor a reasonable period of time in which to cure Owner’s default. Contractor shall execute such further and
additional evidence of the subordination of liens, rights, and interests as Owner or Owner’s interim or permanent
lenders may require, provided such document is commercially reasonable and acceptable to Contractor. This
subordination of liens is made in consideration of and as an inducement to the execution and delivery of the Contract
Documents, and shall be applicable despite any dispute between the parties hereto or any others, or by any default
by Owner under the Contract Documents or otherwise.
§ 13.8.3 Contractor shall include in every subcontract relating to the Work to which it is a party and in each and
every lower tier subcontract, provisions (1) that the person or entity doing Work, performing labor, or furnishing
materials pursuant to each subcontract agrees to subordinate a mechanics’ or materialmens’ lien or any other claim
against any part of the Work of the site on which the Work is performed or materials furnished under the Contract
Documents or such subcontract, to the liens securing payment of sums now or hereafter borrowed by Owner, its
successors and assigns, in connection with the development, design, or construction of the Project, as contemplated
by the Construction Documents, and (2) that the required subordinations are made in consideration of and as an
inducement to the execution and delivery of the Contract Documents and the subcontract in which it appears, and
shall be applicable despite any dispute between or among Owner, Contractor, or any Subcontractor or any default by
Owner, Contractor, or any Subcontractor under the Contract Documents or any other subcontract or Contract
relating to the Project.
PAGE 48
§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days
through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any
other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for
any of the following reasons:reasons, which are the sole grounds for termination under this Subparagraph 14.1.1:
…
.2
.3
.4
An act of government, such as a declaration of national emergency that requires all Work to be
stopped; or
Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within the time stated in the Contract Documents; or
The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable
evidence as required by Section 2.2.1.Documents, subject to any right of Owner to withhold funds or
suspend payment under the Contract.
…
.1
repeatedly refuses or fails to supply enough properly skilled workers or proper materials;materials to
complete the Work in a diligent, efficient, workmanlike or timely manner;
.3
repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of a public authority;
disregards the instructions of the Architect or the Owner (when such instructions are based on the
requirements of the Contract Documents);
.5 fails to perform the Work in accordance with the Contract Documents or makes fraudulent
statements;
makes an assignment for the benefit of creditors, admits in writing its inability to pay its debts
generally as they become due, files a petition in bankruptcy. is adjudicated insolvent or bankrupt,
petitions or applies to any tribunal for any receiver or any trustee for the Contractor or any substantial
part of its property, commences any action relating to the Contractor under any reorganization,
arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction,
whether now or hereafter in effect, or if there is commenced against the Contractor any such action or
…
.4
.4
.6
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
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.7
.8
the Contractor by any act indicates its consent to or approval of any trustee for the Contractor or any
substantial part of its property or suffers any receivership or trustee to continue undischarged;
repudiates the Contract; or
otherwise is guilty of substantial breach of a provision of the Contract Documents.
§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that
sufficient cause exists to justify such action, Owner may without prejudice to any other rights or remedies of the
Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:may:
PAGE 49
.3
Finish the Work by whatever reasonable method the Owner may deem expedient. expedient,
including, but not limited to, making demand on the surety to perform the Work. Upon written
request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs
incurred by the Owner in finishing the Work.the Work, if Owner is claiming that Contractor owes
Owner payment for amounts in excess of the remaining construction funds available for payment of
Owner’s expenses and damages in performing the Work under the Contract.
…
§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages Owner performs the Work
in whole or in part, and such costs and damages incurred by Owner, including compensation for Architect’s
services, attorneys’ fees, and expenses made necessary by the Contractor’s default or the termination, exceed the
unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or
Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this Owner within
30 days after demand by Owner. If Owner (rather than the surety) performs the Work the amount to be paid to the
Owner for the cost of the Work and the Architect’s compensation (but not the other items of expense or damages)
shall be certified by the Architect, upon request by Owner. The Contractor’s obligation for payment shall survive
termination of the Contract.Contract and/or termination of Contractor’s right to perform the Work under the
Contract.
§ 14.2.5 It is recognized that (i) if any order for relief is entered on behalf of or against the Contractor pursuant to
Title 11 of the United States Code, (ii) if any other similar order is entered under any other debtor relief laws, (iii) if
the Contractor makes a general assignment for the benefit of its creditors, or (iv) if a receiver is appointed for the
benefit of credits, or (v) if a receiver is appointed on account of its insolvency, any such event could impair or
frustrate the Contractor’s performance of the Contract Documents. Accordingly, it is agreed that upon the
occurrence of any such event, the Owner, in addition to other rights and remedies hereunder, shall be entitled to
request the Contractor or its successor in interest adequate assurance of future performance in accordance with the
terms and conditions of the Contract Documents. Failure to comply with such request within ten (10) days after
delivery of the request shall entitle the Owner to terminate the Contract or Contractor’s right to perform thereunder
and to the accompanying rights set forth above in Sections 14.2.1 through 14.2.5 hereof. In all events, pending
receipt of adequate assurance of performance and actual performance in accordance therewith, the Owner shall be
entitled to make demand on the surety or proceed with the Work with its own forces by assignment of the
subcontractors or with other contractors on a time and material or other appropriate basis, the cost of which will be
back-charged against the Contract Sum. If Owner performs the Work in whole or in part, and such costs and
damages incurred by Owner, including compensation for Architect’s services, attorneys’ fees, and expenses made
necessary by the Contractor’s default or the termination, exceed the unpaid balance, the Contractor shall pay the
difference to the Owner within 30 days after demand by Owner. If Owner (rather than the surety) performs the Work
the amount to be paid to the Owner for the cost of the Work and the Architect’s compensation (but not the other
items of expense or damages) shall be certified by the Initial Decision Maker, upon request by Owner. The
Contractor’s obligation for payment shall survive termination of the Contract and termination of Contractor’s right
to perform the Work under the Contract.
PAGE 50
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
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26
§ 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on
the Work not executed.termination.
PAGE 51
§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, 10.3 and 10.4 shall be
referred to the Initial Decision Maker for initial decision. decision/recommendation. The Architect will serve as the
Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this
Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior
to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision
Maker with no decision having been rendered. agreed-upon in writing by the parties following the submission of a
Claim. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide or
make recommendations concerning disputes between the Contractor and persons or entities other than the Owner.
§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
data from the other party, (2) reject recommend the rejection of the Claim in whole or in part, (3) approve the Claim,
(4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve make a
recommendation concerning the Claim if the Initial Decision Maker lacks sufficient information to evaluate the
merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it
would be inappropriate for the Initial Decision Maker to resolve the Claim.
§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
information from either party or from persons with special knowledge or expertise who may assist the Initial
Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of
such persons at the Owner’s expense.expense of the party making the claim.
…
§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating
that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state
the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
Maker, of any recommended change in the Contract Sum or Contract Time or both. The initial decision shall be final
and binding on the parties but subject to mediation serve as the Initial Decision Maker’s recommendation for the
resolution of a Claim but shall not be final and binding on the parties. Upon receipt of the initial decision, the Owner
will make its final decision concerning the Claim. The Owner may take any action with regard to the Claim and the
initial decision as it deems appropriate, including but not limited to rejecting, approving, or modifying the Initial
Decision Maker’s recommendation. If an affected party disagrees with the Owner’s final decision, the party may
request non-binding mediation of the Claim and, if the parties fail to resolve their dispute through mediation, to
binding dispute resolution.proceed to litigation.
§ 15.2.6 Either party may file for mediation of an initial decision Owner’s final decision of a Claim at any time,
subject to the terms of Section 15.2.6.1.
§ 15.2.6.1 Either An affected party may, within 30 days from the date of an initial decision, demand the owner’s
final decision concerning a claim, request in writing that the other party file for agree to non-binding mediation
within 60 days of after the initial decision. If such a demand request is made and the party receiving the demand
fails to file for request fails to provide written notice within 10 days to the requesting party stating the recipient’s
agreement to submit to mediation within the time required, then both parties waive their rights to mediate or pursue
binding dispute resolution proceedings with respect to the initial decision. the party requesting mediation may
proceed to litigation.
PAGE 52
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
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§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
Industry Mediation Procedures in effect on the date of the Agreement. in accordance with the laws of the State of
Texas. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with
the person or entity administering the mediation. If the parties have not selected a mutually-acceptable mediator at
the time the request for mediation is made, then the requesting party may suggest a mediator. The non-requesting
party has 10 days after receipt of the request to respond to the requesting party in writing either accepting the
mediator identified by the requesting party, or suggesting a different mediator. If such notice is not timely made,
then the mediator suggested by the party requesting mediation will be deemed the selected mediator. If a different
mediator has been suggested, and the parties are unable to agree on a mediator within 10 days after the notice
suggesting a different mediate is given, then the parties shall request the Initial Decision Maker to select a mediator,
and this selection will be binding on both parties. The request may be made concurrently with the filing of binding
dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution
proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed
for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section
15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later
proceedings.
…
INTENTIONALLY OMITTED
§ 15.4 ARBITRATION
§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any
Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually
agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing,
delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The
party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on
which arbitration is permitted to be demanded.
§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a
written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of
legal or equitable proceedings based on the Claim.
§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.
§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court
having jurisdiction thereof.
§ 15.4.4 CONSOLIDATION OR JOINDER
§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with
any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact,
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
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§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under
this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Contractor under this Agreement.
Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,
1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:25:10 on 05/08/2015
under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
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Certification of Document’s Authenticity
AIA® Document D401™ – 2003
I, Mr. King Davis, Superintendent of Schools, hereby certify, to the best of my knowledge, information and belief,
that I created the attached final document simultaneously with its associated Additions and Deletions Report and this
certification at 16:25:10 on 05/08/2015 under Order No. 3445098305_1 from AIA Contract Documents software
and that in preparing the attached final document I made no changes to the original text of AIA® Document A201™
– 2007, General Conditions of the Contract for Construction, as published by the AIA in its software, other than
those additions and deletions shown in the associated Additions and Deletions Report.
_____________________________________________________________
(Signed)
_____________________________________________________________
(Title)
_____________________________________________________________
(Dated)
AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by
AIA software at 16:25:10 on 05/08/2015 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale.
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1
WHARTON ISD
SELECTION CRITERIA
No
Category
Rating
X
Weight
=
(0-5)
1.
Qualifications
Firm’s ability & capacity to perform the work
x
2
=
Size of Firm – Can the firm properly staff project with
K-12 experienced people
x
3
=
Management Approach/Team Relationships
x
2
=
Financial and Legal Stability
x
2
=
Extent to which Firm’s services meet District’s needs
x
2
=
Geographic proximity of firm to WISD
x
2
=
x
2
=
K-12 experience with comparable projects
x
2
=
Past relationship with the District (negative
experience will be given rank of 0, no experience will
receive rank of 1, positive experience will be ranked 25)
x
5
=
Litigation history (no litigation history will receive
rank of 5)
x
1
=
References (including information regarding reputation
of the firm and the firms services)
x
2
=
Total long term cost to the District to acquire firm’s
services
x
1
=
(Current work load)
2.
Experience of Personnel
K-12 experience with comparable projects
3.
4.
Experience of Firm
NOTICE FOR COMPETITIVE SEALED PROPOSALS
00 11 13 - 2
05-08-15
Total
WHARTON ISD
Firms impact on the ability of the District to comply
with laws and rules relating to historically
underutilized businesses
x
1
=
5.
Cost
x
25
=
6.
Overall Impression
x
3
=
SUM
The Wharton ISD shall select the offeror that submits the proposals that offers the best value for the District
based upon:
(1)
(2)
The selection criteria above and the weighted value for those criteria; and
Its ranking evaluation
The District shall first attempt to negotiate a contract with the selected offeror. The District and its Engineer
may discuss with the selected offeror options for a scope or time modification and any price change associated
with the modification. If the District us unable to negotiate a satisfactory contract with the selected offeror, the
District 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.
Prepared for the Wharton Independent School District, 2100 N Fulton Street Wharton, Texas 77488 phone 979532-3612.
Prepared by Lockwood, Andrews & Newnam, Inc., 2925 Briarpark Drive, Houston, Texas 77042, 713/266-6900.
Dated: May 8, 2015
END OF DOCUMENT
NOTICE FOR COMPETITIVE SEALED PROPOSALS
00 11 13 - 3
05-08-15
WHARTON ISD
SECTION 00 41 13
COMPETITVE SEALED PROPOSAL FORM
To:
Wharton Independent School District
2100 N Fulton Street
Wharton, Texas 77488
Attention: Randy Hill – Assistant Superintendent of Finance
From:
(name of firm submitting proposal)
Project:
1.00
A.
DECLARATION
Having carefully examined the place of the Work, the Drawings and Project Manual prepared by
Lockwood, Andrews & Newnam, Inc., and the following Addenda: (NO ADDENDUMS ARE
INCUDED IN THE CONTRACT DOCUMENTS)
we agree to accomplish the work in accordance with the Contract Documents, and will enter into a
Contract (Agreement), if awarded on the basis of this bid, within 10 days after the receipt of bids.
2.00
A.
PROPOSAL
We, the undersigned, offer to perform the work for the TOTAL BID PRICE OF
dollars ($_________________).
B.
3.00
A.
We agree to substantially complete the work by July 31, 2015.
ATTACHMENTS
The following documents are attached as an integral part of this bid proposal:
Bid Security
_____ Felony Conviction Notice
_____ Conflict of Interest Questionnaire
4.00
QUESTIONNAIRE FOR CONTRACTOR
Please provide the following information in the sequence and format prescribed by this questionnaire.
Supplemental material providing additional information may be attached, but the information requested below is
to be provided in this format.
COMPETITIVE SEALED PROPOSAL FORM
00 41 13 - 1
05-08-15
WHARTON ISD
1.
Firm Information
Name of firm:
Address of Principal Office:
Please identify all branch locations:
Phone:
Fax:
Form of business organization (Corporation, Partnership, Individual, Joint Venture, etc.):
Year Founded:
Primary individual to contact:
2.
Organization
How many years has your organization been in business in its current capacity?
How many years has your organization been in business under its present name?
Under what other or former names has your organization operated?
If your organization is a corporation, please provide: Date of incorporation, state of incorporation and
officers of the corporation.
If your organization is a partnership, answer the following: Date of organization, type of partnership
and names of general partners.
If your organization is individually owned answer the following: Date of organization, name of owner.
If the form of your organization is other than those listed above, describe it and name the principals.
Has any owner or Manager of your organization been convicted of a felony? If so, please describe.
(Publicly held corporations need not answer this question.)
3.
Licensing
List jurisdictions and trade categories in which your organization is legally qualified to do business and
indicate registration or license numbers, if applicable.
List jurisdictions in which your organization’s partnership or trade name is filed.
4.
Experience
List the categories of work that your organization normally performs with its own forces.
Would you propose to do any work with your own forces or to bid all work to subcontractors?
List any subcontractors in which your organization has some ownership and list the categories of work
those subcontractors normally perform.
Claims and suits: (If the answer to any of the questions below is yes, please attach details).
Has your organization ever failed to complete any work awarded to it?
Are there any judgments, claims, arbitration proceedings or suits pending or
outstanding against your organization or its officers?
COMPETITIVE SEALED PROPOSAL FORM
00 41 13 - 2
05-08-15
WHARTON ISD
Has your organization filed any lawsuits or requested arbitration with regards to
construction contracts within the last five years?
Within the last five years, has any officer or principal of your organization ever been
an officer or principal of another organization when it failed to complete a
construction contract?
Current work: List the projects your organization has under contract, giving the name
and location of the project, owner, engineer, contract amount, percent complete and
scheduled completion date. Indicate the method of construction delivery.
Work over the last five (5) years: List all projects (particularly educational facilities)
constructed by your firm. For each project, provide the name, nature of the
project/function of the building, size (SF), location, cost, completion date, owner and
engineer and indicate the method of construction delivery. Provide name, phone
number and fax number of owner and engineer of each project for reference purposes.
Identify prior projects for Boles ISD or projects performed within 100 miles of the
Boles ISD. For each project, provide the name, nature of the project/function of the
building, size (SF), location, cost, completion date, owner and engineer and indicate
the method of construction delivery. Provide name, phone number and fax number of
owner and engineer of each project for reference purposes.
5.
Financial Information
Attach a financial statement, preferably audited, including your organization’s latest
balance sheet and income statement showing the following items:
Current assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory, and prepaid expenses).
Noncurrent assets (e.g., net fixed assets, other assets).
Current liabilities (e.g., accounts payable, notes payable (current), accrued expenses,
provision for income taxes, advances, accrued salaries and accrued payroll taxes).
Noncurrent liabilities (e.g., notes payable)
Capital accounts and retained earnings (e.g., capital, capital stock, authorized and
outstanding par value, earned surplus and retained earnings).
Name and address of firm preparing attached financial statement and date thereof.
Is the attached financial statement for the identical organization named under item 1
above?
If no, explain the relationship and financial responsibility of the organization whose
financial statement is provided (e.g., parent or subsidiary).
Will the organization whose financial statement is attached act as guarantor of the
contract for construction?
Provide name, address, and phone for bank reference.
COMPETITIVE SEALED PROPOSAL FORM
00 41 13 - 3
05-08-15
WHARTON ISD
Surety:
Provide the name of your bonding company, and the name and address of agent.
Acceptable performance and payment bonds for 100% of the construction cost will be required
prior to the owner’s authorization to proceed with work. Is your surety listed as an acceptable
surety in the Department of the Treasury Circular 570 and licensed to issue such bonds in the
State of Texas?
6.
Experience with concepts for working as a General Contractor.
Describe your organization’s concepts for working in a team relationship with the owner during the
construction of major projects. Describe your organization’s methods for estimating costs, and for
scheduling during the design/document phases.
7.
Safety
Provide information as it pertains to your firm’s accident frequency rate and modifier for the last two
years. The district reserves the right to request a copy of your firm’s safety program.
8.
Personnel
Given the scope and schedule of the project, identify the specific project managers, estimator, and job
site superintendents who would work on the projects. Provide a resume and references with phone
numbers for each individual. Prior to contracting with a construction management firm, the District
reserves the right to interview the proposed project managers and job site superintendents that will be
assigned to the project. The project managers and job site superintendents shall remain on the project
through final completion of the entire project.
9.
Schedules
Provide samples of schedules that will be used to control various project phases and describe your
organization’s ability to achieve timely project completion.
10.
References
The District reserves the right to contact as references the owners and engineers listed in item 4 above
regarding your organization’s services.
COMPETITIVE SEALED PROPOSAL FORM
00 41 13 - 4
05-08-15
WHARTON ISD
5.00
SIGNATURES
Bidder:
(Print or type the full name of your proprietorship, partnership, corporation or joint venture.*)
By:
(Signature of duly authorized officer of the company)
Name:
(Print or type name and company title)
Address:
(Print or type business address of Bidder)
Telephone:
(Print or type telephone number)
*If the Bid is a joint venture, add additional identification and signatures for each member of the joint venture,
in the space below.
COMPETITIVE SEALED PROPOSAL FORM
00 41 13 - 5
05-08-15
WHARTON ISD
END OF DOCUMENT
COMPETITIVE SEALED PROPOSAL FORM
00 41 13 - 6
05-08-15
FORM
CONFLICT OF INTEREST QUESTIONNAIRE
CIQ
For vendor or other person doing business with local governmental entity
OFFICE USE ONLY
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code
by a person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
Date Received
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
1
Name of person who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes
No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes
No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes
No
D. Describe each employment or business relationship with the local government officer named in this section.
4
Signature of person doing business with the governmental entity
Date
Adopted 06/29/2007
Felony Conviction Notice
Statutory citation covering notification of criminal history of contractor is found in the Texas
Education Code §44.034.
Section 44.034, Texas Education Code, Notification of Criminal History, Subsection (a), states
“a person or business entity that enters into a contract with a school district must give advance
notice to the district if the person or an owner or operator of the business entity has been
convicted of a felony. The notice must include a general description of the conduct resulting in
the conviction of a felony.”
Subsection (b) states “a school district may terminate a contract with a person or business entity
if the district determines that the person or business entity failed to give notice as required by
Subsection (a) or misrepresented the conduct resulting in the conviction. The district must
compensate the person or business entity for services performed before the termination of the
contract.”
This Notice Is Not Required of a Publicly-Held Corporation
I, the undersigned agent for the firm named below, certify that the information concerning
notification of felony convictions has been reviewed by me and the following information
furnished is true to the best of my knowledge.
Contractor’s / Vendor’s Name (Printed):____________________________________________
Authorized Company Official’s Name (Printed):______________________________________
My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable.
Signature of Company Official:___________________________________________
My firm is not owned nor operated by anyone who has been convicted of a felony:
Signature of Company Official: ___________________________________________
My firm is owned or operated by the following individual(s) who has/have been convicted of a
felony:
Name of Felon(s):
Details of Conviction(s):
Signature of Company Official:
http://www.wdol.gov/wdol/scafiles/davisbacon/TX241.dvb?v=0
General Decision Number: TX150241 01/02/2015
TX241
Superseded General Decision Number: TX20140241
State: Texas
Construction Type: Building
Counties: Jim Wells, Live Oak and Wharton Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis-Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number
0
Publication Date
01/02/2015
ASBE0022-006 03/01/2014
Wharton County
Rates
Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 20.75
9.85
---------------------------------------------------------------ASBE0087-006 01/01/2014
Jim Wells and Live Oak Counties
Rates
Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 21.17
8.77
---------------------------------------------------------------BOIL0074-005 01/01/2013
Rates
Fringes
Boilermaker....................$ 22.71
20.63
---------------------------------------------------------------IRON0066-010 12/01/2013
Jim Wells and Live Oak Counties
Rates
IRONWORKER, REINFORCING AND
STRUCTURAL.......................$ 19.80
1 of 5
Fringes
5.95
5/8/2015 11:38 AM
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---------------------------------------------------------------IRON0084-005 06/15/2014
Wharton County
Rates
Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING......................$ 22.02
6.35
---------------------------------------------------------------LABO0154-020 05/01/2008
Wharton County
Rates
Fringes
Laborers: (Mason Tender Cement/Concrete).................$ 14.53
3.49
---------------------------------------------------------------LABO0154-030 05/01/2008
Jim Wells and Live Oak Counties
Rates
Fringes
Laborers: (Mason Tender Cement/Concrete).................$ 12.98
3.49
---------------------------------------------------------------* PLUM0068-009 10/01/2013
Wharton County
Rates
Fringes
Plumber........................$ 31.30
9.49
---------------------------------------------------------------PLUM0142-006 09/20/2013
Jim Wells and Live Oak Counties
Rates
Fringes
Plumber........................$ 29.80
10.10
---------------------------------------------------------------SUTX2009-096 04/20/2009
Rates
BRICKLAYER.......................$ 19.67
0.00
CARPENTER........................$ 13.18
0.00
CEMENT MASON/CONCRETE FINISHER...$ 13.27
0.00
ELECTRICIAN......................$ 20.00
3.11
LABORER:
0.00
Common or General......$ 12.02
LABORER: Landscape &
Irrigation.......................$
LABORER:
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8.50
0.22
Mason Tender - Brick...$ 12.02
0.00
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LABORER:
Mortar Mixer...........$ 12.00
0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 13.75
0.00
OPERATOR:
Bulldozer.............$ 12.80
0.43
OPERATOR:
Crane.................$ 21.33
0.00
OPERATOR:
Forklift..............$ 14.58
0.00
OPERATOR:
Loader (Front End)....$ 10.54
0.00
PAINTER: Brush, Roller and
Spray............................$ 12.26
0.00
ROOFER...........................$ 13.64
1.80
SHEET METAL WORKER...............$ 17.00
0.00
TILE SETTER......................$ 15.00
0.00
TRUCK DRIVER.....................$ 11.24
0.35
---------------------------------------------------------------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 a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
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
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the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
*
*
*
*
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
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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
�
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SECTION 01 11 00
SUMMARY OF WORK
PART 1 - G E N E R A L
1.01
WORK COVERED BY CONTRACT DOCUMENTS
A.
The work of this contract comprises the replacement of the chillers, various fan coil units, renovation of
the HVAC library system, replacement of the hot water boiler for the cafeteria, replacement and
renovation of the main electrical distribution system, renovation of the electrical components for the
HVAC upgrades and the replacement and renovation of the exterior lights. All work will be conducted
at the High School located at1 Tiger Blvd, Wharton, Texas 77488.
B.
Construct the work under a single fixed fee contract.
C.
Related Requirements in Other Parts of the Project Manual. Additional requirements of all parties to
the Contract: Conditions of the Contract.
1.02
ASSIGNED SUBCONTRACTS
A.
Employ subcontractors assigned by the Owner for:
1.
Mechanical work specified in Division 23.
2.
Electrical work specified in Division 26.
B.
Relations and responsibilities between the Contractor and assigned subcontractors shall be identical to
that between Contractor and subcontractors he has selected.
1.
Assigned subcontractors shall furnish to Contractor bonds covering faithful performance of the
subcontract work and payment of all obligations thereunder, when the Contractor is required to
furnish such bonds to the Owner.
2.
Assigned subcontractors shall purchase and maintain liability insurance for not less than the
limits of liability which the Contractor is required to provide to Owner.
1.03
WORK BY OTHERS
A.
Work on the project which will be executed during the duration of this contract, and which is excluded
from this contract, as follows:
1.
Installation of security cameras
B.
Separate contracts for this project and the installation and renovation of the security cameras have been
contemplated for simultaneous execution under the direction of the district.
1.04
CONTRACTOR’S USE OF PREMISES
A.
Contractor shall limit his use of the premises for work and for storage to allow for:
1.
Work by other contractors.
2.
Owner occupancy.
3.
Public use.
B.
Coordinate use of premises under direction of Architect/Engineer and District’s Representative
SUMMARY OF WORK
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C.
Assume full responsibility for the protection and safekeeping of products under this contract, stored at
the site.
D.
Move any stored products under Contractor’s control which interfere with operations of the Owner or
separate contractor.
E.
Obtain and pay for the use of additional storage or work areas needed for operations.
1.05
PARTIAL OWNER OCCUPANCY
A.
The Contractor shall schedule his operations for completion of portions of the work, as designated, for
the Owner’s occupancy prior to substantial completion of the entire work.
B.
Execute Certificate of Substantial Completion for each specific portion of work prior to Owner’s
occupancy.
1.
After Owner occupancy, Contractor shall allow:
a.
Access for Owner's personnel.
b.
Access for the public.
c.
Operation of the HVAC and electrical systems.
2.
Upon occupancy, the Owner will provide:
a.
Operation of HVAC and electrical system.
PART 2 - P R O D U C T S
2.01
PRE-ORDERED PRODUCTS
A.
Owner has placed orders with certain suppliers for specific products for the purpose of expediting
delivery, and other purposes in the Owner’s interests.
B.
A copy of each separate purchase agreement is bound in this project manual as an attachment to the
section which specifies the product, for information of the bidder.
C.
Upon execution of the Owner-Contractor Agreement, the Contractor shall execute the purchase
agreement with each supplier for the respective products in accordance with the terms stated in the
attachment.
D.
The costs for accepting, installation, adjusting and finishing of these products shall be included in the
contract sum.
E.
Contractor's responsibilities for such pre-ordered products shall be the same as for products provided by
the Contractor for use in the work.
2.02
A.
OWNER-FURNISHED CONTRACTOR-INSTALLED (OFCI) PRODUCTS
Products furnished and paid for by the Owner, described in specification sections:
1.
Section 23 64 27 Air cooled Screw Chiller
2.
Section 26 24 13 Switchboards – 600Volt and Below.
3.
Section 26 43 00 Surge Protective Devices (SPD) – 600 Volt and Below.
SUMMARY OF WORK
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Wharton ISD
B.
Owner’s Responsibilities.
1.
Arrange for and deliver necessary shop drawings, product data and samples to the Contractor.
2.
Arrange and pay for product delivery to site, in accordance with the construction schedule.
3.
Deliver supplier’s bill of materials to Contractor.
4.
Inspect deliveries jointly with the Contractor.
5.
Submit claims for transportation damage.
6.
Arrange for replacement of damaged, defective or missing items.
7.
Arrange for manufacturer’s warranties, bonds, service and inspections as required.
C.
Contractor’s Responsibilities.
1.
Designate delivery date for each product in the Construction Schedule.
2.
Review shop drawings, product data and samples. Submit to Architect/Engineer with notification
of any discrepancies or problems anticipated in the use of the product.
3.
Receive and unload products at the site.
4.
Promptly inspect products jointly with Owner, record shortages, damaged or defective items.
5.
Handle products at the site, including uncrating and storage.
6.
Protect products from exposure to elements from damage.
7.
Assemble, install, connect, adjust and finish products as stipulated in the respective sections of
the specifications.
8.
Repair or replace items damaged by Contractor.
PART 3 - E X E C U T I O N
A.
Refer to specific technical sections.
END OF SECTION
SUMMARY OF WORK
01 11 00 - 3
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SECTION 01 30 00
ADMINISTRATIVE REQUIREMENTS
PART 1 - G E N E R A L
1.01
PROJECT COORDINATION
A.
Coordination with Other Contractors and Subcontractors.
1.
Coordinate scheduling, submittals and work of the various sections of specifications to assure
efficient and orderly sequence of installation of interdependent construction elements.
2.
Verify utility requirement characteristics of operating equipment are compatible with building
utilities.
3.
Coordinate space requirements and installation of mechanical and electrical work which are
indicated diagrammatically on drawings. Follow routing shown for pipes, ducts and conduit as
closely as practicable.
4.
In finished areas, conceal pipes, ducts and wiring within the construction.
B.
Project Meetings.
1.
A preconstruction conference will be scheduled for all affected parties within a week of award of
the contract.
2.
Progress meetings shall be held at the project site weekly throughout the progress of the work.
Architect/Engineer/Contractor will preside at meetings, record minutes and distribute copies
within 2 days to those affected by decisions made at meetings.
3.
When required in an individual specification section, convene a preinstallation conference at
project site prior to commencing work of the section. Meeting shall be scheduled immediately
prior to a regular progress meeting.
C.
Field Engineering. Employ a Land Surveyor to locate reference datum and establish survey control and
reference points; establish elevations, lines and levels; and certify that locations and elevations of the
work conform with the Contract Documents.
1.02
CONSTRUCTION SCHEDULES
A.
Format. Provide a horizontal bar chart with a separate bar for each trade or operation. Show first day
of each week. Show schedule for shop drawing submittal and review, delivery of materials, execution
of the work and critical path.
B.
Submission. Submit initial construction schedule within 10 days after award of contract. Indicate
progress and revise schedule as necessary with each application for payment.
1.03
FORMS
A.
Schedule of Values. Submit AIA form G703 (or equivalent information in Contractor’s preferred
format) within 21 days after date of Owner-Contractor Agreement.
B.
Application for Payment. Submit three copies of each application on AIA form G702. Utilize
Schedule of Values for listing items in Application.
C.
Change Procedure. AIA form G701 will be used for Change Orders.
ADMINISTRATIVE REQUIREMENTS
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1.04
SUBMITTAL PROCEDURES
A.
Transmit each submittal with AIA Form G810.
B.
Apply Contractor’s stamp, signed or initialed, to each item submitted, certifying that review and
verification of products required, field dimensions, adjacent construction work, and coordination of
information is in accordance with the requirements of the work and contract documents. Submittals not
bearing this certification will be returned without review.
C.
Revise and resubmit submittals as required; identify all changes made since previous submittal.
D.
After review, distribute copies to all concerned parties.
1.05
SUBMITTALS
A.
Shop Drawings. Submit the number of reproductions which Contractor requires, plus two copies which
will be retained by Engineer. Reproduction of contract drawings for use as shop drawings will not be
allowed.
B.
Product Data.
1.
Submit the number of copies which the Contractor requires, plus two copies which will be
retained by the Architect/Engineer.
2.
Mark each copy to identify applicable products, models, options and other data. Do not use
highlighters. Delete inapplicable portions or use arrows to indicate applicable portions.
Supplement manufacturers' standard data to provide information applicable to this project.
C.
Samples.
1.
Submit samples to illustrate functional and aesthetic characteristics of the product, with integral
parts and attachment devices. Coordinate sample submittals for interfacing work.
2.
Submit samples of finishes from the full range of manufacturers’ standard colors, textures and
patterns for selection.
3.
Include identification on each sample, with full product information.
4.
Submit two samples (unless other quantity is specified in a specific Section), one of which will be
retained.
D.
Manufacturer’s Instructions.
1.
Submit manufacturers’ printed instructions for delivery, storage, assembly, installation, start-up,
adjusting and finishing, and operations and maintenance in quantities specified for Product Data.
2.
Identify conflicts between manufacturers’ instructions and contract documents.
E.
Manufacturer’s Certificates.
1.
When scheduled below, submit manufacturers’ certificates in quantities specified for Product
Data.
2.
Indicate material or product conforms to or exceeds specified requirements. Submit supporting
reference data, affidavits and certifications as appropriate.
3.
Certificates may be recent or previous test results on material or product, but must be acceptable
to Architect/Engineer.
PART 2 - P R O D U C T S
ADMINISTRATIVE REQUIREMENTS
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PART 3 - E X E C U T I O N
END OF SECTION
ADMINISTRATIVE REQUIREMENTS
01 30 00 - 3
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SECTION 01 33 00
SUBMITTAL PROCEDURES
PART 1 - G E N E R A L
1.01
SUBMITTAL PROCEDURE
A.
Transmit each submittal with AIA Form G810.
B.
Schedule submittals to expedite the project and deliver to Lockwood, Andrews & Newnam, Inc.
Submittals should be scanned to a pdf file and distributed via electronic media to the determined
Submittal Distribution List. Coordinate submission of related items.
C.
Identify project, Contractor, subcontractor or supplier; pertinent drawing sheet and detail number(s),
and specification section number, as appropriate.
D.
Identify variations from contract documents and product or system limitations which may be
detrimental to successful performance of the completed work.
E.
Apply signed Contractor’s stamp certifying that review, verification of product requirements, field
dimensions, adjacent construction work, and coordination of information is in accordance with the
requirements of the work and contract documents.
F.
Provide space for Architect/Engineer’s review stamp. Submittals which are not required, and required
submittals which do not conform with the requirements of this section, will be returned without review.
G.
Revise and resubmit submittals as required, identifying all changes made since previous submittal.
H.
Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any
inability to comply with provisions.
1.02
A.
1.03
A.
SUBMITTALS PRIOR TO BEGINNING WORK
Submit two copies of the following items with the signed contract as a prerequisite to starting the work.
The location of information concerning each submittal is referenced.
1.
Performance Bond. Bidding Documents, General and Supplementary Conditions.
2.
Payment Bond. Bidding Documents, General and Supplementary Conditions.
3.
Certificate of Insurance. General and Supplementary Conditions.
4.
List of Subcontractors. General and Supplementary Conditions.
5.
Construction Schedule. General Conditions and as specified in Section 01 32 13, Construction
Schedule.
SUBMITTALS DURING CONSTRUCTION
During the progress of the work, make the following submittals in a timely manner to prevent any delay
in the work.
1.
Construction Schedules. Submit construction schedules as detailed in Section 01 32 13.
2.
Shop Drawings, Product Data and Samples. Submit in accordance with Section 01 33 23, Shop
Drawings, Product Data and Samples.
SUBMITTAL PROCEDURES
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Wharton ISD
3.
4.
5.
6.
7.
8.
1.04
A.
Mill Certificates. Submit mill certificates on the following items as required by the specifications
sections.
a.
Reinforcing Steel: Section 03 21 01 or 03 21 02.
b.
Bulk Cement: Section 03 31 01 or 03 31 02.
c.
Structural Steel: Section 05 12 00.
Construction Photographs. Submit with each application for payment one glossy, color,
minimum 8x10 print of each view mounted on 8-1/2- by 11-inch stock with left edge binding
margin. Take two site photos from different directions and two interior photos. Use same
vantage points for subsequent photos. Identify photos with date, time, location and project
identification.
Application for Payment. Submit applications for partial payment as specified in the General and
Supplementary Conditions and within the time specified in the agreement.
Material and Equipment List. Supplementary Conditions and Section 01 61 00.
Change Orders. A Proposal Request may be issued whenever a need arises. The request will be
submitted on AIA form G709 and response must include sufficient information to assess the need
for a change in the work, the contract time, or the contract sum. If acceptable, the change will be
implemented by the issuance of AIA form G701, Change Order.
Finish Hardware Schedule. Submit a hardware schedule as required in Section 08 71 00, Finish
Hardware.
PROJECT CLOSEOUT SUBMITTALS
With a written notice of completion, submit the items described in Section 01 70 00 as a condition of
final acceptance of the work.
PART 2 - P R O D U C T S
2.01
Section
32 31 13
TECHNICAL SUBMITTAL CHECKLIST
Material
Chain Link Fence
Shop
Dwgs.
X
Instal- Training
Prod.
Cert./
Maint. O&M lation
Hrs.
Data Samples Warranty Matls. Manual Check Req'd. Other
X
5 yr.
PART 3 - E X E C U T I O N
3.01
A.
SUBMITTAL SCHEDULE
Within 5 days of the effective data of Owner-Contractor Agreement, submit a schedule showing the
date by which each submittal listed in Part 2 of this section will be made. Allow at least 5 days for
review and approval of each submittal. Schedule submittals so that approved submittals will be in the
Contractor's hands before the work is scheduled to be done.
END OF SECTION
SUBMITTAL PROCEDURES
01 33 00 - 2
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SECTION 01 33 23
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART 1 - G E N E R A L
1.01
SHOP DRAWINGS
A.
Submit shop drawings, product data and samples for each item on or before the date given by the
Contractor in the Schedule for Submittals that is required by Section 01 32 13, Construction Schedules.
Shop drawings which are not required will not be reviewed.
B.
Preparation by a qualified detailer is required.
C.
Where necessary for clarity, identify details by reference to sheet and detail numbers, schedule or room
numbers as shown on the contract drawings.
D.
Field dimensions shall be clearly indicated as such.
E.
Prepare two opaque prints of each shop drawing.
F.
Reproduction of contract drawings for use as shop drawings will not be allowed.
F.
The use of reproductions of the contract drawings by any contractor, subcontractor, erector, fabricator
or material supplier in lieu of preparation of shop drawings signifies his acceptance of all information
shown hereon as correct, and obligates himself to any job expense, real or implied, arising due to any
errors that may occur hereon. In addition, all references to LAN, including all Engineer’s seals, are to
be removed if the contract drawings are used as shop drawings.
1.02
PRODUCT DATA
A.
Modify the manufacturer’s standard schematic drawings to delete or supplement information as
applicable.
B.
For manufacturer’s catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and
other descriptive data:
1.
Clearly mark each copy to identify materials, products or models which are being submitted for
review.
2.
Show dimensions and clearances required.
3.
Show performance characteristics and capacities.
4.
Show wiring or piping diagrams and controls.
C.
Submit the number of copies which the Contractor requires, plus two copies to be retained by the
Architect/Engineer. Total number of copies shall not exceed ten.
1.03
A.
SAMPLES
Submit samples of sufficient size and quantity to clearly illustrate functional characteristics of product
or materials including integrally related parts and attachment devices, and full range of available colors.
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
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B.
Erect field samples and mock-ups at the project site in an acceptable location. Construct each sample
complete, including work of all trades required in finished work.
C.
Submit two samples unless greater quantity is specified in technical section. One sample will be
retained unless noted otherwise.
1.04
SUBMISSION REQUIREMENTS
A.
Accompany each submittal with a dated transmittal letter (AIA document G810) which includes:
1.
Submittal number. Number submittals sequentially beginning with “001”.
2.
Project title and number.
3.
The names of:
a.
Contractor.
b.
Subcontractor.
c.
Supplier.
d.
Manufacturer.
4.
Identification of product or material.
5.
Relation to adjacent structure or materials.
6.
Specification section number and/or drawing number.
7.
Applicable standards, such as ASTM number or Federal Specification.
8.
Identification of deviations from the contract documents.
B.
Provide a blank space on each shop drawing, approximately 5″ by 5″ {120 x 120}, for the
Architect/Engineer’s stamp.
C.
Contractor's stamp, dated and initialed or signed, certifying review of submittal, verification of field
measurements and compliance with contract documents shall be placed on each submittal item. Any
submittal items that do not have the Contractor's stamp will be returned without review.
D.
Insofar as practical, make all submittals for each of the following categories at one time.
1.
Roofing, roof insulation, flashing and roof accessories.
2.
Doors, frames and hardware.
3.
Mechanical.
4.
Plumbing.
5.
Electrical.
1.05
ARCHITECT'S/ENGINEER'S DUTIES
A.
Review and return submittals with reasonable promptness.
B.
Review will be only for conformance with the design intent and with the contract documents.
C.
Affix stamp and initials or signature, and indicate approved or requirements for resubmittal.
D.
Return submittals to Contractor for distribution or for resubmission.
1.06
A.
RESUBMISSION REQUIREMENTS
Assign a submittal number that is the same as the original submittal number plus a sequential letter
suffix beginning with “A”.
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
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B.
1.07
Revise documents as required and resubmit as specified for initial submittal. Indicate on drawings any
changes which have been made, including those requested by the Architect/Engineer.
DISTRIBUTION AFTER REVIEW
A.
Distribute copies of shop drawings and product data which carry the Architect/Engineer’s stamp to:
1.
Contractor's file.
2.
Job site file.
3.
Record document file.
4.
Subcontractors.
5.
Supplier.
6.
Fabricator.
B.
Distribute returned samples as needed.
PART 2 - P R O D U C T S
A.
Products which require shop drawings, product data and samples are listed in Section 01 33 00.
PART 3 - E X E C U T I O N (Not Used)
END OF SECTION
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
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SECTION 01 40 00
QUALITY REQUIREMENTS
PART 1 - G E N E R A L
1.01
RELATED REQUIREMENTS
A.
Inspections and Tests Required by Regulatory Agencies. The responsibility for compliance lies with
the Contractor. See General Conditions.
B.
Specific Product Testing. Tests to be performed by an independent testing laboratory are described in
the various specification sections.
1.02
QUALITY ASSURANCE/CONTROL OF INSTALLATION
A.
Exercise quality control over suppliers, manufacturers, products, services, site conditions and
workmanship to produce work of specified quality.
B.
Comply fully with manufacturers’ instructions, including each step in sequence. Should manufacturers’
instructions conflict with contract documents, request clarification from Architect/Engineer before
proceeding.
C.
Comply with specified standards as a minimum quality for the work except when more stringent
tolerances, codes or specified requirements indicate higher standards or more precise workmanship.
D.
Perform work by persons qualified to produce workmanship of specified quality.
E.
Secure products in place with positive anchorage devices designed and sized to withstand stresses,
vibration, physical distortion or disfigurement.
1.03
REFERENCE STANDARDS
A.
Conform to reference standard by date of issue current on date of contract documents.
B.
Should specified reference standards conflict with contract documents, request clarification for
Architect/Engineer before proceeding.
C.
The contractual relationship of the parties to the contract shall not be altered from the contract
documents by mention or inference otherwise in any reference document.
1.04
FIELD SAMPLES
A.
Install field samples for review at the site as required by individual specifications sections.
B.
Acceptable samples represent a quality level for the work.
C.
Where field sample is specified in individual sections to be removed, clear area after field sample has
been accepted by Architect/Engineer.
QUALITY REQUIREMENTS
01 40 00 - 1
05-08-15
Wharton ISD
1.05
MANUFACTURERS’ FIELD SERVICES AND REPORTS
A.
Submit qualifications of observer to Architect/Engineer 14 days in advance of required observations.
Observer is subject to approval by the Owner/Architect/Engineer.
B.
When specified in individual specification sections, require material or product suppliers or
manufacturers to provide qualified staff personnel to observe site conditions; conditions of surfaces and
installation; quality of workmanship; start-up of equipment; testing, adjusting and balancing of
equipment; and installation as applicable, and to initiate instructions when necessary.
C.
Report observations and site decisions or instructions given to applicators or installers that are
supplemental or contrary to manufacturers' written instructions. Submit report in duplicate within 14
days of observation.
PART 2 - P R O D U C T S (Not Used)
PART 3 - E X E C U T I O N (Not Used)
END OF SECTION
QUALITY REQUIREMENTS
01 40 00 - 2
05-08-15
Wharton ISD
SECTION 01 50 00
TEMPORARY FACILITIES AND CONTROLS
PART 1 - G E N E R A L
1.01
A.
1.02
INTENT
The facilities and controls specified in this section are considered a minimum for the project. The
Contractor may provide additional facilities and controls which he considers necessary for the proper
execution of the work and to meet his responsibilities for protection of persons and property.
BUILDINGS
A.
Field Office. Provide a temporary field office at the site on an approved location. The building shall be
weatherproof with a lockable door, properly heated and air conditioned with adequate illumination.
Provide a smooth table for reference drawings and filing space for project administrative documents.
Provide a desk and chair for Architect/Engineer’s use.
B.
Storage. Provide watertight storage facilities with floor above ground level as required for materials
susceptible to weather damage. Storage of other materials on blocks off the ground is acceptable. Place
materials to permit easy access for inspection and identification.
C.
Other Buildings. The location or building of structures and the erection of tents or other forms of
protection shall be subject to prior approval by the Architect/Engineer.
1.03
UTILITIES
A.
Underground Utilities. At least 2 (but not more than 14) days prior to commencing any underground
excavation, notify one of the agencies listed below. Utility companies will be notified and will mark
the location of underground utilities on the site. The time of notification and the serial number assigned
by the agency shall become part of the project records.
1.
Dig.tess: (800) 344-8377 or (800) 545-6005.
2.
Texas One Call: (800) 245-4545.
3.
Lone Star Notification System: (800) 669-8344 or (713) 223-4567.
B.
Temporary Power. Make arrangements with the utility company and provide all temporary electrical
power (with ground fault protection) required during entire construction period. Provide sufficient
capacity for all equipment on the project, providing all necessary temporary wiring, panels, use outlets,
switches and lighting. Should a portion of building be occupied by Owner after date of substantial
completion but before final completion, metered cost of power for occupied portion will be borne by
Owner.
D.
Temporary Water. The Owner will provide temporary water from existing outlets and lines at the site.
Contractor shall furnish piping, hose, fittings or other equipment to bring water to place of use.
Connection and use shall not disrupt service to Owner.
E.
The Contractor shall provide all power and fuel for equipment tests.
TEMPORARY FACILITIES AND CONTROLS
01 50 00 - 1
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Wharton ISD
1.04
TEMPORARY VENTILATION
A.
Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation
of dust, fumes, vapors or gases.
A.
Utilize existing ventilation equipment. Extend and supplement equipment with temporary fan units as
required to maintain clean air for construction operations.
1.05
A.
1.06
A.
1.07
SANITATION
Provide and maintain sanitary conveniences to satisfy requirements of local, state and federal
authorities, ordinances and laws. Obtain approval for location secluded from view. Use of existing
sanitary facilities will not be permitted.
ACCESS AND PARKING
Access and parking at the site are not limited by provisions other than those concerning free access and
protection of adjoining property. Designate one parking space for the exclusive use of the
Architect/Engineer.
SECURITY AND TEMPORARY PROTECTIONS
A.
Furnish, install and maintain suitable barriers and protections to prevent public entry, and to protect the
work, existing facilities, trees and plants from construction operations.
B.
Provide guard and other security measures necessary to protect the work from unauthorized entry, theft
and vandalism.
1.08
CONTROLS
A.
Protect equipment, newly finished areas and connected finished areas from dust and moisture. Use
temporary walls, dust curtains or other enclosures, as necessary, to prevent damage.
B.
Provide temporary weathertight enclosure of exterior walls for successive areas of building as work
progresses, as necessary to provide acceptable working conditions, provide weather protection for
interior materials, allow for effective temporary heating, and prevent entry of unauthorized persons.
1.
Provide temporary exterior doors with hardware and padlocks.
2.
Other enclosures shall be removable as necessary for work and for handling of materials.
C.
Provide temporary enclosures to separate work areas from areas of existing building occupied by
Owner, to prevent penetration of dust and moisture into occupied areas, to prevent damage to existing
equipment, and to protect Owner’s employees and operations from construction work.
1.09
CONSTRUCTION AIDS
A.
Provide construction aids required by personnel and to facilitate the execution of the work: scaffolds,
staging, ladders, stairs, ramps, runways, platforms, railings, hoists, cranes, chutes, and other such
facilities and equipment.
B.
When permanent stair framing is in place, provide temporary treads, platforms and railings for use by
construction personnel.
TEMPORARY FACILITIES AND CONTROLS
01 50 00 - 2
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Wharton ISD
C.
1.10
A.
1.11
Designated stairs in existing building may be used by construction personnel.
PROJECT SIGNS
Signs. Signs, other than those specified, will not be permitted on the project site without approval.
Submit shop drawing for review prior to erection of sign.
PROGRESS CLEANING
A.
Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly
condition.
B.
Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote
spaces prior to enclosing the space.
C.
Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to
eliminate dust.
D.
Remove waste materials, debris and rubbish from site weekly and dispose of same off-site in a manner
consistent with state and local laws and ordinances.
1.12
A.
REMOVAL OF TEMPORARY FACILITIES AND CONTROLS
Prior to final inspection, remove all temporary buildings, sanitary conveniences, signs and other items.
Remove or restore to original condition all temporary roads and parking areas. Clean the entire area as
specified in Section 01 70 00.
PART 2 - P R O D U C T S (Not Used)
PART 3 - E X E C U T I O N (Not Used)
END OF SECTION
TEMPORARY FACILITIES AND CONTROLS
01 50 00 - 3
05-08-15
Wharton ISD
SECTION 01 61 00
PRODUCT REQUIREMENTS
PART 1 - G E N E R A L
1.01
PRODUCT OPTIONS
A.
Contractor’s Options.
1.
For products specified only by reference standard, select any product meeting that standard.
2.
For products specified by naming only one product and manufacturer, there is no option.
3.
For products specified by naming several products or manufacturers, select any one of the
products or manufacturers named, which complies with the specifications.
4.
For products specified by naming one or more products or manufacturers and followed by “or
approved substitution,” “or equal” or similar language, Contractor must submit a request as
specified in Article 1.03, Substitutions, for approval of any product or manufacturer not
specifically named.
B.
Material and Equipment List. Within 30 days after contract date, submit to Architect/Engineer a
complete list of major products proposed to be used, with the name of the manufacturer and the
installing subcontractor.
1.02
SUBSTITUTIONS
A.
Requests.
1.
Written requests from Contractor for substitution of products will only be considered for a period
of 15 days after contract date. Subsequently, requests for substitution will only be considered if a
product becomes unavailable due to no fault of the Contractor.
2.
Submit each substitution request with the form attached at the end of this section.
2.
Submit a separate request for each product, supported with complete data, with drawings and
samples as appropriate, including:
a.
Comparison of the qualities of the proposed substitution with the item specified.
b.
Changes required in other elements of the work because of the substitution.
c.
Effect on the construction schedule.
d.
Cost data comparing the proposed substitution with the product specified.
e.
Any required license fees or royalties.
f.
Availability of maintenance service and source of replacement materials.
3.
Substitutions will not be considered when they are indicated or implied on shop drawing or
product data submittals, without separate written request, or when acceptance will require
revision to the contract documents.
4.
Architect/Engineer shall be the judge of the acceptability of the proposed substitution.
B.
Contractor’s Representation. A request for a substitution constitutes a representation that Contractor:
1.
Has investigated the proposed product and determined that it is equal to or superior in all respects
to that specified.
2.
Will provide the same warranties or bonds for the substitution as for the product specified.
3.
Will coordinate the installation of an accepted substitution into the work, and make such other
changes as may be required to make the work complete in all respects.
4.
Waives all claims for additional costs, under his responsibility, which may subsequently become
apparent.
PRODUCT REQUIREMENTS
01 61 00-1
05-08-15
Wharton ISD
C.
1.03
Requests for substitutions will be reviewed with reasonable promptness, and Contractor will be notified
in writing of the decision to accept or reject the requested substitution.
DELIVERY AND HANDLING
A.
Arrange deliveries of products in accord with construction schedules; coordinate to avoid conflict with
work and conditions at the site.
B.
Deliver products in undamaged condition, in manufacturer’s original containers or packaging, with
identifying labels intact and legible.
C.
Immediately on delivery, inspect shipments to assure compliance with requirements of contract
documents and approved submittals, and that products are properly protected and undamaged.
D.
Provide equipment and personnel to handle products by methods to prevent soiling or damage to
products or packaging.
1.04
STORAGE AND PROTECTION
A.
Store products in accord with manufacturer’s instructions, with seals and labels intact and legible.
1.
Store products subject to damage by the elements in weathertight enclosures.
2.
Maintain temperature and humidity within the ranges required by manufacturer’s instructions.
B.
Exterior Storage.
1.
Store fabricated products above the ground, on blocking or skids; prevent soiling or staining.
Cover products which are subject to deterioration with impervious sheet coverings; provide
adequate ventilation to avoid condensation.
2.
Store loose granular materials in a well-drained area on solid surfaces to prevent mixing with
foreign matter.
C.
Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of stored
products to assure that products are maintained under specified conditions, and free from damage or
deterioration.
D.
Store in a manner to avoid overloading floors.
E.
Provide coverings as necessary to protect installed products from damage from traffic and subsequent
construction operations. Remove when no longer needed.
PART 2 - P R O D U C T S
2.01
MATERIAL AND EQUIPMENT INCORPORATED INTO THE WORK
A.
Unless specifically provided otherwise, all materials and equipment furnished for permanent installation
in the work shall conform to applicable specifications and shall be new, unused and undamaged when
installed or otherwise incorporated in the work. No material or equipment shall be used by the
Contractor for any purpose other than that intended or specified, unless such use is specifically
authorized by the Owner in each case.
B.
Manufactured and Fabricated Products.
1.
Design, fabricate and assemble in accord with the best engineering and shop practices.
PRODUCT REQUIREMENTS
01 61 00-2
05-08-15
Wharton ISD
2.
3.
4.
5.
Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable.
Two or more items of the same kind shall be identical, by the same manufacturer.
Products shall be suitable for service conditions.
Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless
variations are specifically approved in writing.
C.
Do not use material or equipment for any purpose other than that for which it is designed or is specified.
D.
Equipment requiring periodic repair and adjustment shall be furnished complete with all special tools,
instruments and accessories required for proper maintenance. Equipment requiring special devices for
lifting or handling shall be furnished complete with those devices.
2.02
REUSE OF EXISTING MATERIAL
A.
Except as specifically indicated or specified, materials and equipment removed from the existing
structure shall not be used in the completed work.
B.
For material and equipment specifically indicated or specified to be reused in the work:
1.
Use special care in removal, handling, storage and reinstallation, to assure proper function in the
completed work.
2.
Arrange for transportation, storage and handling of products which require off-site storage,
restoration or renovation. Pay all costs for such work.
PART 3 - E X E C U T I O N
3.01
WORK IN ACCORDANCE WITH MANUFACTURER’S INSTRUCTIONS
A.
When contract documents require that installation of work shall comply with manufacturer’s printed
instructions, obtain and distribute copies of such instructions to parties involved in the installation,
including two copies to Architect/Engineer. Maintain one set of complete instructions at the job site
during installation and until completion.
B.
Handle, install, connect, clean, condition and adjust products in strict accord with such instructions and
in conformity with specified requirements. Do not omit any preparatory step or installation procedure
unless specifically modified or exempted by contract documents.
C.
Should job conditions or specified requirements conflict with manufacturer’s instructions, consult with
Architect/Engineer for further instructions. Do not proceed with work without clear instructions.
3.02
EQUIPMENT IDENTIFICATION TAGS
A.
When delivered to the construction site, all equipment shall be tagged with its complete identification
designation.
B.
Equipment Tagging. Equipment designated by distinguishing letters and numbers shall be provided
with tags with letters and numbers corresponding to those on the drawings.
C.
Submittals. Complete specifications data and catalog cuts or drawings covering the identification
system shall be submitted in accordance with the procedure set forth in Section 01 33 00.
PRODUCT REQUIREMENTS
01 61 00-3
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Wharton ISD
D.
Equipment Tags. Tag material may be plastic, fiberglass reinforced plastic, or stainless steel. One
material shall be used for all tags. Plastic or fiberglass reinforced plastic tags shall be a minimum 1/16
inch thick, 2 inches square, and have one grommeted hole for a tag fastener. Each tag shall have a
durable yellow surface color. Permanent lettering shall be produced by engraving through to a black
core color. Tags shall be Brady “B-60 Fiber-Shield,” Seton “Setonite” or approved substitution.
Stainless steel tags shall be a minimum 18 gauge, 2 inches square, and have engraved black-filled
letters.
E.
Tag Fasteners. Tags shall be securely fastened to the equipment with approved meter seals with
minimum 4-ply .018 stainless steel smooth wire, stainless steel “S” hooks, or stainless steel jack chain.
F.
Tag Lettering. Each tag shall be engraved with three rows of 1/4-inch lettering. The top row shall
consist of the alphabetical prefix, the second row shall consist of the 4-digit numerical designation and
the bottom row shall consist of the alphabetical and/or numerical suffix as required.
3.03
INSTALLATION CHECK
A.
An experienced, competent and authorized representative of the manufacturer or supplier of each item
indicated in the Project Checklist of this specification shall visit the site of the work and inspect, check,
adjust if necessary, and approve the installation. In each case, the supplier’s representative shall be
present when the equipment or system is placed in operation. The supplier’s representative shall revisit
the jobsite as often as necessary until any trouble is corrected, and the installation and operation are
satisfactory in the opinion of the Architect/Engineer.
B.
Each supplier's representative shall furnish to the Owner, through the General Contractor, a written
report certifying that the system or equipment: (1) has been properly installed, lubricated and prepared
for its intended use; (2) is in accurate alignment; (3) is free from any undue stress imposed by
connecting piping or anchor bolts; and (4) has been operated under full load conditions and that it
operated satisfactorily.
C.
Costs for this work shall be included in the Base Bid.
3.04
OPERATION AND MAINTENANCE MANUALS
A.
The equipment supplier shall prepare an operation and maintenance manual for each type of equipment
indicated in the Project Checklist in Section 01 30 00. The following information shall be provided in
the operations and maintenance manuals.
1.
The equipment function, normal operating characteristics and limiting conditions shall be
defined.
2.
Disassembly, assembly, installation, alignment, adjustment and checking instructions shall be
provided.
3.
Operating instructions shall include guidelines for startup, routine and normal operation,
regulation and control, shutdown and emergency conditions.
4.
Manufacturer's recommended lubrication and preventive maintenance procedures and
maintenance intervals, given in terms of both calendar time and operation time, shall be detailed.
5.
Provide exploded-view assembly drawing(s) of the equipment clearly showing all parts, including
maintainable subassembly parts. Unless the Owner acknowledges in writing to the Contractor
that a subassembly is disposable, it shall be considered maintainable. All parts shall be identified
with a number or letter which references the Parts List Table which details the following:
a.
The part reference number or letter from the exploded-view drawing.
b.
A brief description of the part.
c.
The manufacturer's part number.
PRODUCT REQUIREMENTS
01 61 00-4
05-08-15
Wharton ISD
d.
e.
f.
6.
7.
8.
9.
10.
11.
12.
13.
14.
A standard part description if applicable (i.e., 1/2-inch by 3-inch standard hex head bolt).
The quantity of each part contained in the equipment, assembly or subassembly.
The manufacturer’s recommendation for stocking of spare parts for each item in the Parts
List Table.
List any special tools and/or equipment required to comply with the manufacturer's recommended
maintenance, overhaul or repair procedures.
The manual shall provide the manufacturer’s step-by-step procedures for complete disassembly,
overhaul and reassembly of the equipment.
The following detailed operating information shall be provided.
a.
Procedure required for pre-startup checkout.
b.
Procedure required for startup.
c.
Operational checks and procedures required during equipment operation.
d.
Detailed procedures required by the equipment for routine shutdown, emergency shutdown
or extended shutdown shall be listed.
Safety precautions required to ensure safe operation and maintenance on the equipment shall be
detailed.
A comprehensive troubleshooting guide that outlines problems, causes and repair shall be
included.
Addition to exploded-view, assembly drawings; outline, cross section(s), engineering data and
wiring diagrams shall be included.
Test data and performance curves shall be provided, where applicable.
Manufacturer’s data including the manufacturer’s name, address and telephone number; size
and/or model number of the equipment; and the equipment serial numbers shall be listed.
Applicable information from each piece of equipment's nameplate(s) such as hp, rpm, volts,
amps, watts, phases, hertz, frame, type, Btu/H, cfm, gpm, psi, and other pertinent information
shall be included.
B.
The operation and maintenance manuals shall be in addition to any instructions or parts lists packed
with, or attached to, the equipment when delivered.
C.
Manuals shall be printed on heavy, first quality paper, 8-1/2″ by 11″ size with standard 3-hole
punching. All literature in the manuals shall be legible and reproducible by standard copy machines.
Unrelated data shall be marked out by “ziptone” methods. Marking out with ink will not be acceptable.
Arrows shall be used to mark equipment being furnished. Do not use “highlighting.” Drawings and
diagrams shall be reduced to 8-1/2″ by 11″ or 11″ by 17″. Where reduction is not practicable, larger
drawings shall be folded separately and placed in clear, vinyl envelopes which are bound into the
manuals. Each envelope shall bear suitable identification on the outside. Blueline drawings are not
acceptable in operation and maintenance manuals.
D.
Four preliminary copies of each manual, temporarily bound in heavy paper covers bearing suitable
identification, shall be submitted prior to the date of shipment of the equipment.
E.
After review and approval, prepare six final copies of each operation and maintenance manual and
submit not later than 30 days prior to placing the equipment in operation. The final manuals shall be
bound in heavy-duty, permanent binders. Information shall be arranged in a logical sequence with
colored divider sheets between sections and a table of contents for each binder.
3.05
A.
EQUIPMENT FACTORY TESTS
The Owner reserves the right to witness any and all shop and factory tests. The Contractor shall notify
the Owner at least 10 days in advance of the time that each shop test will be made.
PRODUCT REQUIREMENTS
01 61 00-5
05-08-15
Wharton ISD
B.
When factory tests are required by the specific equipment specifications, these tests shall include those
parameters specified and such additional parameters as are customarily tested for the particular
equipment. Test procedures, including a description of the test facility, which shall include but not be
limited to a plan and elevation sketch of the test setup, showing the piping and instrumentation, shall be
submitted in accordance with the procedures set forth in Section 01 33 00. All submittals and test
reports shall be exclusively and entirely in the English language and shall use English units of measure
except for the metric unit of milligrams/liter (mg/l).
C.
All factory tests shall be conducted according to one of the following.
1.
Construct, staff and operate an acceptable test facility, in the United States, to conduct the
required tests.
2.
Arrange with an acceptable testing facility, in the United States, to conduct the required tests.
3.
Conduct the required tests at an acceptable test facility outside the United States and include in
the contract amount two round-trip, business-class airline tickets from Houston, Texas, to the
point of the test, ground transportation, lodging and meals for the duration of the tests plus 2
days. The manufacturer shall provide a translator, if required.
D.
If the Owner exercises the right to witness factory test performed inside the United States, all costs
associated with transportation, food and lodging shall be incurred by the Owner unless specifically
required to be included in the contract by the specific equipment specifications.
E.
Costs for the Owner to witness tests performed outside the United States shall be incurred by the
Contractor as described under item 3. above. If the Owner elects to not witness tests performed outside
the United States, the estimated costs for transportation, food and lodging will be deducted from the
Contractor's payment.
F.
All meters, gauges and other test instruments shall be calibrated within 30 days of the scheduled test
and certified calibration data shall be provided.
G.
The Owner may, at his option, seal all instruments used during a scheduled test and immediately
forward the instruments to an independent testing laboratory for certified calibration checks. The cost
for calibration check will be borne by the Owner if the instruments checked are correctly calibrated.
Otherwise, the Contractor shall bear all costs for calibration and all equipment shall be retested at no
additional cost to the Owner.
H.
Four certified copies of a report covering each test shall be prepared by the equipment manufacturer and
submitted not less than 10 days prior to shipment of the equipment to the Contractor.
I.
Failure of the equipment to meet the specified operating conditions for any reason shall be considered
an incomplete and unacceptable test. Upon correction of the problem causing failure, the manufacturer
shall retest the equipment.
J.
If the equipment is rejected based on the results of the factory test, the Contractor shall repair and retest
the equipment as required, to the satisfaction of the Architect/Engineer. Certified copies of a report
covering each retest shall be prepared by the equipment manufacturer and delivered to the
Architect/Engineer not less than 10 days prior to shipment of the equipment to the Contractor. All costs
incurred by the Owner, including laboratory tests, transportation, food and lodging, for the witnessing
of the retesting of equipment shall be incurred by the Contractor.
END OF SECTION
SUBSTITUTION REQUEST
PRODUCT REQUIREMENTS
01 61 00-6
05-08-15
Wharton ISD
TO:
PROJECT:
SPECIFIED ITEM:
Section
Page
Paragraph
Description
The undersigned request consideration of the following:
PROPOSED SUBSTITUTION:
Attached data includes product description, specifications, drawings, photographs, performance and test data,
samples, etc., adequate for evaluation of the request; applicable portions of the data are clearly identified.
The undersigned states that the function, appearance and quality of the proposed substitution are equivalent or
superior to the specified item, and further certifies that:
A.
The undersigned will pay for changes to the building design, including engineering investigation and
redesign which may be necessitated by the requested substitution. Changes include:
.
B.
The substitution affects dimensions shown on Drawings thus:
.
C.
Substitution will have the following effect on other trades and on construction schedule:
.
D.
Differences between proposed substitution and specified item include:
.
E.
Differences in manufacturer's guarantees of the proposed and specified items include:
.
F.
Adjustment in the contract sum due to substitution will Add/Delete $
Submitted by:
.
For use by the A/E:
Signature:
Approved
Approved as noted
Firm
Not Approved
Received too late
Address
By
Remarks
Date
Telephone
Attachments:
PRODUCT REQUIREMENTS
01 61 00-7
05-08-15
Date:
Wharton ISD
SECTION 01 70 00
EXECUTION REQUIREMENTS
PART 1 - G E N E R A L
1.01
A.
1.02
OPERATION AND MAINTENANCE DATA
Comply with the requirements of Section 01 33 00 and 01 61 00 prior to submitting final Application
for Payment.
WARRANTIES
A.
At time of submitting request for final inspection, provide duplicate copies of all warranties required by
specific sections of the specifications.
B.
Provide Table of Contents and assemble in three-ring binder with durable plastic cover.
C.
For items of work delayed beyond date of substantial completion, provide updated submittal within 10
days after acceptance, listing date of acceptance as start of warranty period.
PART 2 - P R O D U C T S (Not Used)
PART 3 - E X E C U T I O N
3.01
PROJECT RECORD DOCUMENTS
A.
Maintain, on site, one set of the following record documents; record actual revisions to the work:
1.
Contract drawings.
2.
Project Manual.
3.
Addenda.
4.
Change orders and field orders.
5.
Reviewed shop drawings, product data and samples.
6.
Field and laboratory test reports.
B.
Store record documents separate from documents used for construction.
C.
Record information concurrent with construction progress.
D.
Legibly mark specifications in a contrasting color, and record at each product section a description of
actual products installed, including the following:
1.
Manufacturer’s name and product model and number.
2.
Product substitutions or alternates utilized.
3.
Changes made by addenda and modifications.
E.
Legibly mark each item of record documents and shop drawings in a contrasting color to record actual
construction including:
1.
Measured depths of foundations in relation to finish ground floor datum.
EXECUTION REQUIREMENTS
01 70 00 - 1
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2.
3.
4.
5.
F.
3.02
Measured horizontal and vertical locations of underground utilities and appurtenances, referenced
to permanent surface improvements.
Measured locations of internal utilities and appurtenances concealed in construction, referenced
to visible and accessible features of the work.
Field changes of dimension and detail.
Details not on original contract drawings.
Submit documents with claim for final Application for Payment.
FINAL CLEANING
A.
Execute final cleaning prior to final inspection and closeout procedures.
B.
Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and
foreign substances; polish transparent and glossy surfaces; vacuum carpeted and soft surfaces.
C.
Clean equipment and fixtures to a sanitary condition.
D.
Clean (or replace, if disposable) filters of operating equipment.
E.
Clean debris from roofs, gutters, downspouts and drainage systems.
F.
Clean site; sweep paved areas; rake clean landscaped surfaces.
G.
Remove waste and surplus materials, rubbish and construction facilities from the site.
3.03
CUTTING AND PATCHING
A.
Required demolition shall be done as carefully as possible to create a minimum of noise, dust and
debris and to minimize the need for later patching and repair. Every precaution shall be taken to
prevent damage to existing construction that is to remain or interruption of existing utility services.
Provide minimum 48 hours' advance written notice prior to cutting or altering utilities or building
structure. This requirement includes necessary temporary shoring and bracing. At all times the existing
construction shall be completely protected from exposure to the weather by all necessary means such as
temporary partitions, flashing, roofing, etc. All removed equipment, fixtures, etc., that are not
scheduled for reuse shall become the property of the Owner and shall be stored as directed on the
premises.
B.
All new work required in existing construction such as partitions, closing of openings, patching, etc.,
shall be done in such a manner as to fully integrate new materials with existing similar materials by
bonding, lapping, mechanical ties, anchoring or other effective means that will prevent cracks and will
not show evidence of patching. The intent of these requirements is that the completed work shall
conceal all effects of demolition and patching and shall provide new construction that blends with
existing adjacent or abutting surfaces without obvious breaks, joints or changes of surface appearance
unless specifically shown otherwise.
C.
Employ skilled and experienced workmen to perform all cutting and patching. Restore work with new
products. Completed work shall conceal all effects of cutting and patching and shall blend with other
work without obvious breaks, joints or changes in appearance.
EXECUTION REQUIREMENTS
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D.
Asbestos Alert.
1.
If friable asbestos is discovered during the project, the Contractor shall, after informing the
Architect/Engineer and the Owner, notify the local representative of the Texas Department of
Health, Division of Occupational Health:
2.
3.04
The Owner shall enter into a separate contract for the removal of friable asbestos. Removal
procedures are specified in the federal National Emission Standards for Hazardous Air Pollutants
(NESHAP) which can be found in the Code of Federal Regulations, 40 CFR Part 61, Subpart M National Emission Standard for Asbestos and may be found in the Federal Register for Thursday,
April 5, 1984, Volume 49, No. 67, pages 13657-13665.
CLOSEOUT PROCEDURES
A.
Owner will occupy the premises upon issuance of a Certificate of Substantial Completion (AIA form
G704).
B.
Submit written certification that contract documents have been reviewed, work has been inspected, and
that work is complete in accordance with contract documents and ready for Architect/Engineer’s final
inspection.
C.
Submit evidence of compliance with requirements of governing authorities.
D.
Submit final Application for Payment identifying total adjusted contract sum, previous payments and
sum remaining due.
END OF SECTION
EXECUTION REQUIREMENTS
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SECTION 01 74 19
WASTE MATERIAL DISPOSAL
PART 1 - G E N E R A L
1.01
A.
MEASUREMENT AND PAYMENT
No separate measurement and payment will be made. Include cost of work in contract bid prices.
PART 2 - P R O D U C T S
2.01
A.
EQUIPMENT AND MATERIALS
Specific products are not required. Use equipment and materials necessary to properly complete
disposal of waste materials.
PART 3 - E X E C U T I O N
3.01
DISPOSAL AREA
A.
All waste material becomes property of the Contractor and must be removed from the work site and
disposed of in a legal manner not to damage the Owner or other persons. Provide copies of all disposal
manifests to the Owner.
B.
Strip the disposal area of vegetation, humus or other debris. Strippings become property of Contractor
to be legally disposed of with other waste materials.
C.
Protect trees designated for preservation. Take special care not to damage trees designated for
preservation which are outside limits of waste disposal areas.
3.02
A.
3.03
A.
BURNING
Burning of waste materials will not be permitted on Owner’s controlled property.
COMPACTION AND GRADING
Compact waste materials to the density of the surrounding area. Shape the area for proper drainage.
Place excess topsoil on waste material in an even layer not greater than 3 inches thick and grade
smooth.
END OF SECTION
WASTE MATERIAL DISPOSAL
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SECTION 01 78 39
PROJECT RECORD DOCUMENTS
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Prepare and maintain record documents for the project to reflect accurately the construction as built.
Documents must be submitted at work completion as a condition of final acceptance.
MAINTENANCE OF RECORD DOCUMENTS
A.
Maintain at the job site, one copy of the following as Project Record Documents:
1.
Contract drawings.
2.
Project Manual.
3.
Addenda.
4.
Reviewed shop drawings.
5.
Approved samples.
6.
Change orders and field orders.
7.
Field and laboratory test records.
8.
Correspondence.
B.
Store record documents in an approved location apart from documents used for construction. Do not
use record documents for construction purposes. Provide files and racks for orderly storage. Maintain
documents in clean, dry, legible condition. Make documents and samples available at all times for
inspection by the Architect/Engineer.
1.03
A.
1.04
MARKING DEVICES
Mark all changes legibly in a contrasting color.
RECORDING
A.
Keep record documents current. Do not permanently conceal any work until required information has
been recorded.
B.
Label each document “PROJECT RECORD” in neat, large, printed letters. Legibly mark contract
drawings to record actual construction, showing:
1.
Depths of various elements of foundation in relation to first floor level.
2.
Horizontal and vertical location of underground and underslab utilities and appurtenances
referenced to permanent surface improvements.
3.
Location of internal utilities and appurtenances referenced to permanent surface improvements.
4.
Field changes of dimension and detail.
5.
Changes made by change order or field order.
6.
Details not on original contract drawings.
C.
Legibly mark specifications and addenda to record:
1.
Manufacturer, trade name, catalog number and supplier of each product and item of equipment
actually installed.
PROJECT RECORD DOCUMENTS
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2.
3.
D.
1.05
Changes made by change order or field order.
Other matters not originally specified.
Delete Architect’s/Engineer’s seals from record documents.
SUBMITTAL
A.
At project completion, submit record documents as required in Section 01 77 00. Place all letter-sized
material in a 3-ring binder, neatly indexed. Bind contract drawings and shop drawings in rolls of
convenient size for ease of handling.
B.
Accompany the submittal with a transmittal letter in duplicate, containing:
1.
Date.
2.
Project title and number.
3.
Contractor's name and address.
4.
Title and number of each record document.
5.
Certification that each document as submitted is complete and accurate.
6.
Signature of Contractor.
PART 2 - P R O D U C T S (Not Used)
PART 3 - E X E C U T I O N (Not Used)
END OF SECTION
PROJECT RECORD DOCUMENTS
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SECTION 05 43 00
SLOTTED CHANNEL FRAMING
PART 1 - G E N E R A L
1.01
A.
SUMMARY
Provide metal framing, including channels, fittings, clamps, hardware and brackets.
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
2.03
A.
MANUFACTURERS
Unistrut, Power Strut, or approved substitution.
MATERIALS
Channels, fittings, clamps brackets, and electrical accessories
1.
Exterior Areas. PVC-coated galvanized steel with stainless steel fasteners.
2.
Interior Areas. Galvanized steel with galvanized steel fasteners.
SIZES
Provide channels fabricated from not less than 12-gauge {2} sheet steel, 1-5/8 inches {40} wide and not
less than 1-5/8 inches {40} deep.
PART 3 - E X E C U T I O N
3.01
A.
3.02
A.
3.03
A.
APPLICATION
Use hot-dipped galvanized steel components in all areas. Use PVC-coated components when exposed
to the weather or when located in a corrosive atmosphere.
SUPPORTS
Provide metal framing to support large or heavy wall-mounted equipment, wall-mounted raceways and
suspended raceways.
ANCHOR BOLTS
Use 1/2-inch {12.5} diameter by 3 inches {75} long Type 316 stainless steel expansion bolts to attach
framing to concrete. Space bolts a maximum of 24 inches {600} on center, with not less than two bolts
per piece of framing.
END OF SECTION
COMMON WORK RESULTS FOR ELECTRICAL
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SECTION 07 84 00
FIRESTOPPING
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide firestopping to seal and protect all penetrations, openings and joints occurring in fire-rated
construction so as to restore the fire rating of the assembly and prevent the passage of smoke and fumes.
SUBMITTALS
A.
Product Data. Manufacturer’s product data, and Material Safety Data Sheets for all products proposed
for use. Include data identifying fire resistive properties and substantiating compliance with required
fire ratings.
B.
Details. Provide specific installation instructions and details for each job condition that requires
firestopping.
C.
Certification. Upon substantial completion, General Contractor shall provide certification that approved
materials were installed in accordance with manufacturer’s instructions and details.
1.03
QUALITY ASSURANCE
A.
Applicators. Applicators shall receive on-site training from manufacturer’s representative, or shall be
employees of a firm certified by the manufacturer to install through-penetration firestop materials.
B.
Systems. Firestop systems shall meet requirements of UL 1479 or ASTM E 814, “Standard Method of
Fire Tests of Through Penetration Firestops,” tested assemblies that provide a fire rating equal to that of
the construction being penetrated.
C.
Manufacturer. All trades shall use products of the same manufacturer insofar as practical.
D.
Circumstances. For those firestop applications that exist for which no UL tested system is available
through any manufacturer, a manufacturer’s engineering judgement derived from similar UL system
designs or other tests shall be submitted to local authorities having jurisdiction for their review and
approval prior to installation.
PART 2 - P R O D U C T S
2.01
A.
MANUFACTURERS
Provide specific products listed below, or approved substitutions manufactured by Grace Construction
Products, Hilti Construction Chemicals, Inc., International Protective Coatings Corporation, 3M Fire
Protection Products, Rectorseal (“Metacaulk”), Inc., Specified Technologies, Inc., or Tremco.
FIRESTOPPING
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2.02
MATERIALS
A.
Provide firestop systems with “T” and “F” ratings as determined by UL 1479 or ASTM E 814 which
are equal or higher than the ratings of construction being penetrated.
B.
Provide manufacturer-approved anchoring devices, sleeves, etc., required for installation.
C.
Use water-based, nontoxic firestop materials in lieu of silicone or solvent based materials wherever
possible. Asbestos, lead and PCB content is not allowable.
2.03
FIRESTOPPING FOR PIPE AND CONDUIT PENETRATIONS
A.
Two-part, expand-in-place silicone foam: CTC PR-855 “Chase Foam” as manufactured by Chase
Technology Corporation, Huntington Station, New York; or approved substitution. At masonry walls
or partitions, Contractor may use Nelson FSP Firestop Putty as manufactured by Nelson Electric, P.O.
Box 726, Tulsa, Oklahoma, in lieu of silicone foam. Tremco “Fyre-Shield” or 3M “FireDam 150” onecomponent sealant may be used in lieu of foam or putty at the Contractor’s option.
B.
The above fire seal is for use with metallic pipe and conduit only. Nonmetallic and plastic pipe and
conduit shall be firestopped with a UL-rated intumescent putty compound, or approved firestop collar.
C.
Penetrations containing loose electrical, data or communications cabling shall be protected using
firestopping systems that allow unrestricted cable changes without damage to the seal.
D.
Firestop material for piping penetrations by plumbing and sprinkler systems shall be moisture resistant.
2.04
FIRESTOPPING AT DUCT PENETRATIONS
A.
Provide sheet metal retaining angles and sleeves, sealants, tape and duct access doors as required by the
City of Wharton Building Code for installation of fire dampers at all duct passages through fire-rated
walls or floors.
B.
Fire dampers are specified and installed as a part of Division 23.
C.
Annular spaces (if any) shall be sealed similar to Article 2.3.
2.05
FIRESTOPPING AT EXTERIOR WALLS
A.
At openings between curtain wall and floor slab edges, provide 4-inch {100} thick “Thermafiber Safing
Insulation” manufactured by Thermafiber LLC, “FBX Safing Insulation” by Fibrex Corporation,
“FireTemp Wrap” by Johns-Manville, or Tremco “Tremstop Acrylic” over mineral wool, or approved
substitution.
B.
To inside faces of spandrels above and below floor slab, apply semi-rigid foil-faced “Thermafiber
Curtain Wall Insulation,” or approved substitution, thickness as shown on drawings.
C.
“Thermafiber Smoke Seal Compound,” or approved substitution.
FIRESTOPPING
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2.06
FIRESTOPPING OF CONSTRUCTION JOINTS
A.
Seal joints between masonry or precast panels, expansion joints, and joints between tops of masonry
walls and underside of floor slabs in fire resistive construction with a fire-resistive joint sealant system
of fire endurance rating equal to that of required construction.
B.
Joint sealing system shall be Fire-Resistive Joint Sealing System manufactured by Tremco of
Cleveland, Ohio, using Johns-Manville “Cerablanket-FS” fire retardant filler, closed-cell polyethylene
foam backup strip and Tremco “Dymeric 511” two-part sealant, Specified Technologies, Inc. “Pensil
300” silicone sealant, or approved substitution by manufacturers listed in Article 2.1.
2.07
A.
FIRESTOPPING JOINTS IN CONCRETE TILT-UP WALLS
Provide 2-hour rated joints at all tilt-up walls. Joints shall have 1-inch {25} wide maximum opening
and shall be constructed in accordance with UL design No. U900A using the following elements:
1.
Tremco, Inc., “Dymonic” or approved substitution sealant bearing UL classification marking and
installed to 1/2-inch {13} thickness at interior and exterior of joint.
2.
Ceramic fiber blanket of 6.5 pcf {505 kg/m3} density folded to fill joint to 1-1/2-inch {37}
thickness at exterior.
3.
Foamed polyethylene backing rod used at interior.
4.
Ten-gauge steel plate and metal expansion fasteners to cover interior face of joint in accordance
with UL design U900A.
PART 3 - E X E C U T I O N
3.01
GENERAL
A.
Clean surfaces to receive fire safing of dirt, grease, loose material and other matter which may affect
fire resistance or bond of fire safing material.
B.
Read product and material safety data sheets and manufacturer’s installation instructions. Comply with
recommendations for ventilation and eye and skin protection.
C.
Discard any material whose shelf life has expired.
D.
Do not proceed with installation of firestop materials when temperature or humidity exceeds the
manufacturer’s recommended limitations for installation printed on product labels and product data
sheets. Provide forced-air ventilation if recommended by manufacturer.
E.
Provide masking and drop cloths to prevent firestopping materials from contaminating any adjacent
surfaces.
3.02
A.
3.03
A.
FIRESTOPPING AT DUCT PASSAGES
Install in accordance with requirements described in the City of Wharton Building Code.
PIPING AND CONDUIT SEAL
Properly form and dam floor and wall penetrations with fire-resistive mineral composition board prior
to preparing sealant.
FIRESTOPPING
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B.
Prepare and thoroughly mix foam sealant in strict accordance with manufacturer’s instructions using
powered mixer where quantities permit to assure maximum expansion ratio.
C.
Inject mixed sealant into clean, dry, properly formed and dammed penetration openings and allow to
cure for a minimum of 24 hours before removing damming materials. Provide adequate ventilation in
work area during mixing and curing in accordance with manufacturer’s instructions.
D.
Two or more pipes or conduits grouped together and passing through the same penetration must be
separated from one another to ensure complete coverage of foam sealant all around each individual pipe
or conduit.
E.
Two-hour rated seal may be achieved by:
1.
1-1/2-inch {37} minimum depth of sealant.
2.
1/2-inch {12.5} sealant bead over 3-inch {75} depth of mineral wool.
3.04
FIRESTOPPING AT EXTERIOR WALLS
A.
Apply safing insulation of proper size on safing clips spaced not to exceed 12-inch {300} o.c.
maximum between walls and floor slabs to the full depth of floor slab, leaving no voids.
B.
Attach curtain wall insulation to exterior wall by impaling on mechanical fasteners adhered to wall at
12-inch {300} o.c. maximum and securing with metal clinch shields or discs. Foil facing shall be
towards building interior. Butt ends and edges of insulation closely together and fill all voids.
C.
Apply Smoke Seal minimum 1/2 inch {13} deep at floor level, atop safing.
3.05
FIRESTOPPING OF CONSTRUCTION JOINTS
A.
Install joint sealing systems as shown on drawings or, if not shown, as required to achieve necessary
fire rating.
B.
Fold and insert in joint fire-retardant filler blanket of depth required by fire resistance rating to be
maintained. Install backer rod and sealant.
C.
Where sealant is to be applied directly to joint without backer rod, apply bond breaker to surface of
filler blanket first to prevent adhesion of sealer to blanket.
3.06
A.
3.07
FIRE RATED JOINTS IN CONCRETE TILT-UP WALLS
Install in accordance with requirements of UL design No. U900A using fastenings and appurtenances of
type, size and interval specified therein.
CLEANING AND PROTECTION
A.
Clean off excess fill materials adjacent to openings as Work progresses by methods and with cleaning
materials that are approved in writing by through-penetration firestop system manufacturers and that do
not damage materials in which openings occur. Leave finished work in neat, clean condition with no
evidence of spillovers or damage to adjacent surfaces.
B.
Provide final protection and maintain conditions during and after installation that ensure throughpenetration firestop systems are without damage or deterioration at time of Substantial Completion. If,
despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated
FIRESTOPPING
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through-penetration firestop systems immediately and install new materials to produce throughpenetration firestop systems complying with specified requirements.
3.08
FIELD QUALITY CONTROL
A.
Inspection. Work shall not be concealed until it has been inspected and approved by the applicable
authorities.
B.
Labeling.
1.
Identify the firestopping system that has been installed as being a “Rated Through-Penetration
Firestop System C Do Not Disturb.”
2.
Use label, minimum 3 inches by 5 inches, yellow and black OSHA colors with manufacturer and
contractor clearly identified, in concealed locations.
END OF SECTION
FIRESTOPPING
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SECTION 23 05 00
MECHANICAL GENERAL PROVISIONS
PART 1 - G E N E R A L
1.01
GENERAL
A.
Applicable provisions of this section apply to all sections of Division 23 - HVAC.
B.
Provide complete functioning HVAC systems.
C.
Contract drawings are diagrammatic only and do not give fully dimensioned locations of various
elements of work. Determine exact locations from field measurements.
D.
Where the word “concealed” is used in connection with insulating, painting, piping, ducts and the like,
the word is understood to mean hidden from sight as in chases, furred spaces or above suspended
ceilings. “Exposed” is understood to mean open to view.
E.
It is important that the contractor be aware that the construction schedule is very short and therefore
every effort should be made to expedite submittals for review and acceptance as soon as the contract is
awarded.
1.02
REGULATIONS AND PERMITS
A.
Perform work in accordance with applicable statutes, ordinances, codes, and regulations of
governmental authorities having jurisdiction.
B.
Resolve any code violation discovered in contract documents with the Engineer prior to award of the
contract. After award of the contract, make any correction or addition necessary for compliance with
applicable codes at no additional cost to Owner.
C.
Obtain and pay for all permits and inspections.
1.03
A.
1.04
A.
REFERENCE SPECIFICATIONS AND STANDARDS
Materials which are specified by reference to Federal Specifications; ASTM, ASME, ANSI, or AWWA
Specifications; Federal Standards; or other standard specifications must comply with latest editions
(except where specified otherwise in individual sections), revisions, amendments or supplements in
effect 60 days before date documents are issued for bidding. Requirements in reference specifications
and standards are minimum for all equipment, material and work. In instances where capacities, size or
other feature of equipment, devices or materials exceed these minimums, meet listed or shown
capacities.
SUBMITTALS
Asbestos Notification. Prior to beginning any work in existing buildings, Contractor shall provide a
letter to the Owner stating that he has examined the remodeling areas of the building for asbestos
materials and giving results of his findings. If at any time during construction asbestos is encountered,
stop work immediately and contact Architect/Engineer.
MECHANICAL GENERAL PROVISIONS
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Wharton I.S.D.
B.
Material and Equipment List. Within 10 days after award of the contract and before orders are placed
or shop drawings are submitted, submit a list of equipment and principal materials specified. Give
names of manufacturers, catalog and model numbers, and such other supplementary information as
necessary for identification.
C.
Material and Equipment Shop Drawings. Submit all detailed shop drawings, descriptive literature,
physical data, and performance data at one time for review for items of equipment and for principal
materials proposed for installation. Include identifying symbols and equipment numbers used in plans
and specifications, with reference to specification paragraphs, and drawing numbers of all equipment
and material submitted. Piping shop drawings are required to be submitted for all major piping.
D.
Final Submittal. In addition to number of copies of shop drawings and other data required for review
submittals, maintain a separate file of final approved copies of such material. Deliver approved copies
in a hard-back binder for the Owner’s use. Incorporate changes and revisions made throughout
construction period. Delivery of approved copies is a condition of final acceptance for the project.
E.
Contractor’s Check. Shop drawings will be submitted only by the Contractor. Indicate by signed stamp
that the drawings have been checked, that the work shown on the drawings is in accordance with
contract requirements and that dimensions and relationship with work of other trades have been
checked. If drawings are submitted for approval that have not been checked and signed by the
Contractor, they will be returned for checking before being considered by the Engineer.
F.
Operating and Maintenance Instructions. Furnish five copies of commercially available standard
operation and maintenance data, including operating instructions, maintenance instructions and parts
listings. Detailed requirements for these items are as follows:
1.
Information required for the preparation of O&M manuals may be furnished in the form of
manufacturers’ standard brochures, schematics, and other printed instructions. Clearly
distinguish between information which applies to the equipment and information which does not
apply. Data shall include as a minimum the following items:
a.
Recommended procedures and frequencies for preventive maintenance; inspection,
adjustment, lubrication, cleaning, etc.
b.
Special tools and equipment required for testing and maintenance.
c.
Parts lists reflecting the true manufacturer’s name, part number and nomenclature.
d.
Recommended spares by part number and nomenclature and spare stocking levels.
e.
Integrated mechanical and electrical system schematics and diagrams to permit operation
and troubleshooting after acceptance of the system.
f.
Troubleshooting, checkout, repair and replacement procurement procedures.
g.
Operating instructions including start-up and shutdown procedures.
h.
Safety considerations including load limits, speed, temperature and pressure.
2.
Provide O&M manuals for all HVAC equipment.
1.05
A.
1.06
A.
TRAINING
Upon completion of work, and at time designated by the Engineer, provide services of a competent
representative of the Contractor for a period of at least 40 hours to instruct the Owner’s personnel in the
operation and maintenance of mechanical systems.
PROJECT RECORD DOCUMENTS
Preparation. Maintain at the job site a separate set of white prints of the contract drawings for the sole
purpose of recording the “as-built” changes and diagrams of those portions of work in which actual
construction is significantly at variance with the contract drawings. Mark the drawings with a colored
MECHANICAL GENERAL PROVISIONS
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pencil. Prepare, as the work progresses and upon completion of work, drawings clearly indicating
locations of various lines, valves, ductwork, traps, equipment, and other pertinent items, as installed.
Record underground and underslab piping installed, dimensioning exact location and elevation of such
piping.
B.
1.07
A.
Deliver. At conclusion of project, obtain without cost to Owner, reproducibles of original mechanical
drawings and transfer as-built changes to these. Delivery of as-built prints and reproducibles is a
condition of final acceptance.
GUARANTEE
Guarantee work for 1 year from the date of substantial completion of the project, and during that period
make good any faults or imperfections that may arise due to defects or omissions in materials or
workmanship.
PART 2 - P R O D U C T S
2.01
MANUFACTURERS
A.
The acceptable manufacturers are listed in individual sections of Division 23. Where two or more units
of same type or class of equipment are required, provide units of a single manufacturer. Manufacturers’
names and catalog numbers specified under sections of Division 23 are used to establish standards of
design, performance, quality and serviceability and not to limit competition. Equipment of similar
design, equal to that specified, from one of the named manufacturers will be acceptable on approval of
the Engineer.
B.
Substitution.
1.
If the Contractor desires to substitute a material or method as an equal to the specified item, he
shall request permission from the Engineer, in writing, and shall include such literature, samples,
etc., deemed necessary to establish the equal quality of his proposal. If the Engineer deems it
necessary in order to establish the equality between two or more products, he may require
laboratory testing at the Proposer’s expense in order to obtain information upon which to base a
decision. The Engineer will not give approval to material salesmen or subcontractors, and only in
writing to the Contractor.
2.
For each proposed substitution product, clearly show how the proposed product meets the
requirements of the specifications, including performance and space requirements.
3.
No substitution will be considered unless it is presented in writing within 10 days before or 10
days after Notice to Proceed.
4.
Proposers of substitute products shall present samples, literature, test and performance data,
record of other installations, names of owners, architects, engineers, contractors and
subcontractors as references, statement of current financial condition, and other technical
information applicable to their products, to aid in determining the worth of the substitute product
offered in relation to the material and work specified from the standpoint of the Owner’s best
interest. Substitute materials and products shall be used only if approved in writing by the
Engineer in advance.
5.
Approval of substitute materials offered shall not be a basis for contingent extra charges because
of changes in other work or related work, such as roughing-in, electrical, structural or
architectural, which may result from the substitution.
MECHANICAL GENERAL PROVISIONS
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2.02
MATERIALS AND EQUIPMENT
A.
Furnish new and unused materials and equipment of domestic manufacture. Where two or more units
of same type or class of equipment are required, provide units of a single manufacturer.
B.
Consider space limitations imposed by contiguous work, including clearances required for service, in
selection and location of equipment and material. Do not provide equipment or material which is not
suitable in this respect.
2.03
A.
2.04
A.
2.05
A.
2.06
A.
NOISE AND VIBRATION
Select equipment to operate with minimum noise and vibration. If objectionable noise or vibration is
produced or transmitted to or through the building structure by equipment, piping, ducts or other parts
of work, rectify such conditions without cost to the Owner. If the item of equipment is judged to
produce objectionable noise or vibration, demonstrate (without cost to the Owner) that equipment
performs within designated limits on the vibration chart included at the end of this section.
VARIABLE SPEED DUTY MOTORS
Provide premium efficiency, severe duty, Class F temperature rise (Class F insulated), 1.0 service factor
motors for all equipment to operate with variable frequency drives.
AIR FILTERS AND PIPE STRAINERS
Immediately prior to final acceptance of project, inspect, clean and service air filters and strainers.
Replace disposable type air filters if dirty.
ACCESS DOORS
Locate access doors for all walls or ceiling locations, as required or shown, to valves, controls,
regulating devices, water arresters, fire dampers, air distribution boxes and other concealed equipment
requiring maintenance adjustment or operation.
PART 3 - E X E C U T I O N
3.01
OBSTRUCTIONS
A.
Notify the School Personnel of any crane activity as soon as the contractor knows when the crane will
be used and for the duration it will be used.
B.
The drawings indicate certain information pertaining to surface and subsurface obstructions which has
been taken from available drawings. Such information is not guaranteed, however, as to accuracy of
location or complete information.
C.
Prior to any utility shutdown be it chilled water or electrical shutdown Notification to the Owner is
required by this process:
1.
First the contractor will notify the Owner 2 weeks in advance of possible shut down dates, time,
utilities being shut down and duration of shutdown in writing, by email or hand delivery to the
School Administrative offices.
2.
24 hours prior to shut down again written notification of the utility to be shut down, the time, date
and duration of the shutdown by email and hand delivery to the School Administrative offices.
MECHANICAL GENERAL PROVISIONS
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Wharton I.S.D.
a.
Confirm verbally that the school knows about the shutdown and understands what will be
taken out of service for the correct duration. If this verbal confirmation cannot be
confirmed prior to shut down time the contractor shall reschedule shutdown for the next 24
hour period or until School Personnel can acknowledge they are prepared for the shutdown
of that utility.
D.
Before any cutting or trenching operations are begun, verify with Owner’s representative, utility
companies, municipalities, and other interested parties that all available information has been provided.
Verify locations given.
E.
Should obstruction be encountered, whether shown or not, alter routing of new work, reroute existing
lines, remove obstruction where permitted, or otherwise perform whatever work is necessary to satisfy
the purpose of the new work and leave existing services and structures in a satisfactory and serviceable
condition.
F.
Assume total responsibility for and repair any damage to existing utilities or construction, whether or
not such existing facilities are shown.
3.02
A.
3.03
OPENINGS
Framed, cast or masonry openings for ductwork, equipment and piping are specified under other
divisions. However, drawings and layout work for exact size and location of all such openings are
included under this division.
PROTECTION
A.
Adequately protect work, equipment, fixtures and materials. At work completion, all work shall be
clean and in good condition.
B.
Pipe openings on installed pipes that remain open shall be covered in plastic if they are intended to be
left in this open condition for longer than a 7 day period. This plastic wrap is to prevent sand migration
from blowing dirt and vermin occupation in open piping.
C.
At work completion, all work shall be clean and in good condition.
3.04
LUBRICATION, REFRIGERANT AND OIL
A.
Provide a complete charge of correct lubricant for each item of equipment requiring lubrication.
B.
Provide complete and working charge of proper refrigerant, free of contaminants, into each refrigerant
system. After each system has been in operation long enough to ensure completely balanced
conditions, check the charge and modify it for proper operation as required.
C.
Provide a complete charge of special oil for refrigeration use, suitable for operation with refrigerant, in
each compressor.
3.05
A.
OPERATING TESTS
After all mechanical systems have been completed and put into operation, subject each system to an
operating test under design conditions to ensure proper sequence and operation throughout the range of
operation. Make adjustments as required to ensure proper functioning of all systems. Special tests on
individual systems are specified under individual sections.
MECHANICAL GENERAL PROVISIONS
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END OF SECTION
MECHANICAL GENERAL PROVISIONS
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MECHANICAL GENERAL PROVISIONS
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SECTION 23 05 13
COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
PART 1 - G E N E R A L
1.01
SUMMARY
A.
Equipment. This section provides general requirements for 1-phase and 3-phase electric motors with
NEMA frame machines sized through 200 horsepower. Unless otherwise specified, provide motors
meeting the basic requirements for general-purpose alternating current motors, as defined in
ANSI/NEMA MG 1-1.05.
B.
Unit Responsibility. Motors are furnished under other sections of this specification as a part of the
driven equipment. The Contractor is responsible for all coordination between the various components
and for the warranty.
C.
Exceptions. Exceptions to this section are indicated either in the various sections that specify motordriven equipment or on the drawings.
1.02
REFERENCE STANDARDS
A.
ANSI/IEEE 117 - Standard Test Procedure for Evaluation of Systems of Insulating Materials for
Random Wound AC Electric Machinery.
B.
ANSI/NEMA MG 1 - Motors and Generators.
C.
ANSI/NEMA MG 2 - Safety Standard for Construction and Guide for Selection, Installation and Use of
Electric Motors.
D.
ANSI/UL 674 - Electric Motors and Generators for Use in Hazardous (Classified) Locations.
E.
ANSI/UL 1004 - Electric Motors.
F.
NFPA 70 - National Electrical Code (NEC).
1.03
A.
SUBMITTALS
Provide the following information for each motor:
1.
Manufacturer.
2.
Rated full load horsepower.
3.
Rated volts.
4.
Number of phases.
5.
Frequency in hertz.
6.
Full load amperes (FLA).
7.
Locked rotor amperes (LRA) at rated voltage or NEMA code letter.
8.
Nominal speed at full load (rpm).
9.
Service factor.
10. NEMA design letter.
11. NEMA machine type (ODP, WP-I, TEFC, etc.).
COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
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B.
1.04
For motors 1 horsepower and larger, include the following additional information:
1.
NEMA frame size.
2.
NEMA insulation system classification. For motors required to be installed outdoors, include
information showing compliance with the intent of paragraph 2.4C.
3.
Maximum ambient temperature for which motor is designed.
4.
Time rating.
5.
Bearing type.
6.
Efficiency at full load.
DELIVERY, STORAGE AND HANDLING
A.
Delivery. Upon delivery at the job site, the Contractor shall inspect the motor thoroughly for damage.
B.
Handling. The motor shall be lifted in accordance with the manufacturer’s instruction. All necessary
slings and spreader bars shall be provided by the Contractor. Under no circumstances shall the motor
be lifted by using the shaft as an attachment point.
C.
Storage. The motor should be installed as soon as possible. If storage is required, the motor shall be
stored under cover in a clean, dry location and shall be protected from rapid temperature changes. If
storage is anticipated to be longer than 2 months, the following additional steps shall be taken:
1.
The motor space heaters shall be energized, as applicable.
2.
Motors with sleeve bearings shall have the oil reservoirs filled to the proper level with the
specified oil.
3.
Motors with anti-friction bearings shall receive an initial change of grease and then be re-greased
every 6 months.
4.
The motor shaft braces shall be removed and the motor shaft rotated every 2 weeks. The shaft
braces shall be replaced prior to relocation to the installation site. Under no circumstances shall
the motor be lifted without the braces in place.
1.05
A.
SPARE PARTS AND CONSUMABLES
Provide sufficient quantity of recommended renewable spare parts (gaskets, O-rings, pins, fasteners,
etc.) and consumables (oil, grease, etc.) as required to support operation and required maintenance for
one year.
PART 2 - P R O D U C T S
2.01
RATING
A.
Speed and Size. Speed and approximate horsepower ratings are specified in the driven equipment
specification sections or are indicated on the drawings. Furnish motors sufficiently sized for the
particular application and with full-load rating not less than required by the driven equipment at
specified capacity. Size motors so as not to overload at any point throughout the normal operating
range.
B.
Voltage.
1.
Single phase: 115 volts for 120-volt nominal system voltage.
2.
Three phase: 200 volts for 208-volt nominal system voltage.
3.
Three phase: 230 volts for 240-volt nominal system voltage.
4.
Three phase: 230/460 volts for 240/480-volt nominal system voltage.
5.
Three phase: 460 volts for 480-volt nominal system voltage.
COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
23 05 13
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Wharton I.S.D.
C.
Frequency. 60 hertz.
D.
Service Factor. According to NEMA MG 1-12.47 but not less than 1.15.
E.
Efficiency. Provide energy-efficient motors meeting the requirements of NEMA MG 1-12.55A, Table
12Y and MG 1.41.3. Efficiency to be determined by testing in accordance with NEMA MG 112.53
using IEEE 112A - Method B.
2.02
DESIGN TYPE
A.
Motors Smaller than 1/6 Horsepower. Provide single-phase squirrel-cage induction motors with
integral thermal protectors.
B.
Motors 1/6 through 1/2 Horsepower. Provide single-phase NEMA Design Letter N, squirrel-cage
induction motors.
C.
Motors Larger than 1/2 Horsepower. Provide 3-phase, NEMA Design Letter B, squirrel-cage induction
motors.
2.03
A.
2.04
SPECIAL APPLICATION REQUIREMENTS
Variable speed motors controlled by variable frequency drives (VFD) in general shall be of standard
design called out in this specification. The Contractor shall notify the manufacturer on the requisition
that the motor will be used in conjunction with a variable frequency drive, and the type of frequency
generation. The Contractor shall coordinate with the motor manufacturer to ensure that this motor will
be capable of operating under the torque requirements and speed range within temperature
specifications. If this requires special design of the motor, the Contractor shall notify the Engineer
representative in writing. The normal speed range shall be 4 to 1 ratio. The motor/drive system shall be
capable of maintaining full torque throughout. The motors specified for variable speed application shall
be capable of operating at 90 hertz maximum frequency as a minimum requirement but at reduced
torques above 60 hertz.
MOTOR INSULATION
A.
Class. Use a Class B insulation system meeting the requirements of NEMA MG 1-1.65 and made of
nonhygroscopic materials.
B.
Temperature Rise. According to NEMA MG 1-12.41 for fractional horsepower motors and NEMA
MG 1-12.42 for integral horsepower motors.
C.
Outdoor Suitability. Where motors must be suitable for outdoor installation, the insulation must
withstand 1 full week (168 hours) of testing in a chamber maintained at 100 percent relative humidity
and 40°C ambient temperature. Immediately after the test period, the insulation system must have a
minimum resistance of 1.5 megohms. In addition, the inside circumference of the stator and the outside
circumference of the rotor and shaft must be coated with the same moisture-resistant insulation.
2.05
A.
LEADS
For motor leads, use not less than ASTM B 173, Class G, stranded copper conductors with insulation
the same as or better than specified in the preceding Motor Insulation paragraph. Provide permanent
identification numbers on leads according to NEMA MG 1-2.02. Use crimp-on, solderless copper
terminals on leads and place heat-shrink insulation sleeves or covers between leads and terminals.
COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
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2.06
ENCLOSURE
A.
Indoors. Open drip-proof (ODP). Use steel frame for motors smaller than 3/4 horsepower, and castiron frame for motors 3/4 horsepower and larger.
B.
Outdoors. Use cast-iron frame as follows:
1.
Smaller than 100 Horsepower. Totally enclosed, fan cooled (TEFC), with a corrosion-resistant
drain plug under each bearing.
2.
Horizontal 100 Horsepower and Larger. ODP suitable for outdoor use. For cooling towers
supply TEFC motors as described above.
3.
Vertical Motors.
a.
Weather-protected Type I (WP-I).
b.
For 300 hp and larger, use WP-II. For all other sizes, use TEFC.
C.
Hazardous Areas. Provide cast-iron frame motors suitable for use in the classified area.
2.07
BEARINGS
A.
Motors Smaller than 1/6 Horsepower. Motor manufacturer’s standard bearing is acceptable.
B.
Motors 1/6 Horsepower and Larger.
1.
Antifriction. Supply motors with grease-lubricated antifriction ball bearings conservatively rated
for long life under the total radial and thrust loads produced by the actual combination of motordriven equipment. Provide each motor with suitable lubrication fittings and pressure relief
devices suitable for in-service lubrication.
2.
Oil Lubricated. If the driven equipment section specifies oil-lubricated bearings for motors,
include a suitable sight gauge on each bearing with maximum and minimum levels clearly
indicated.
2.08
A.
2.09
HARDWARE
Use structural bolts, washers, nuts, pins, and similar items manufactured of high-strength steel. Use
only hexagon-head bolts and hexagon nuts. Use corrosion-resistant materials or protect hardware from
corrosion by either hot-dip galvanizing, chrome plating or cadmium plating.
NAMEPLATES
A.
Main Nameplate. Provide each motor with a stainless steel nameplate meeting the requirements of
NEMA MG 1-10.38, and the National Electrical Code, Section 430-7. Energy-efficient motors shall be
identified in accordance with MG-1-12.54.2.
B.
Bearings Nameplate. When bearings are oil lubricated, include oil type information on a suitable
nameplate. Also, indicate bearing data if nonstandard.
C.
Attachment. Attach the nameplates to the motor with stainless steel fastening pins or screws.
2.10
A.
CONDUIT BOX
For each motor not supplied with a cord and plug, provide a conduit box suitably sized for the motor
lead terminations, in accordance with the National Electrical Code, Section 430-12. Include a
grounding lug for motors 1/6 horsepower and larger. Supply a gasket suitable for the motor enclosure
type and application.
COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
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Wharton I.S.D.
2.11
A.
2.12
A.
2.13
A.
SPACE HEATERS
Provide space heaters on motors located outdoors or when specified in the driven equipment section.
Use heaters hermetically sealed in stainless steel or equivalent corrosion-resistant sheaths. Rate heaters
115 volts, 60 hertz. Braze heat-resistant insulated leads to the heater and extend to the conduit box.
Size heaters according to the motor frame size as follows:
Frame Number Series
Minimum Watts
Corresponding
HP at 1800 SRPM
Less than 280
280 - 320
360 - 400
440
Not required
100
150
200
25 - 50
60 - 125
150 - 200
FINISH
Manufacturer’s standard shop paints for prime and finish coats are acceptable.
NOISE
Provide integral horsepower motors with overall sound power levels meeting the requirements of
MG 1-12.49.
PART 3 - E X E C U T I O N
3.01
A.
3.02
A.
3.03
INSTALLATION
Properly install and align motors in the locations shown, except motors which are factory mounted on
the driven equipment. Use crimp-on, solderless copper terminals on the branch circuit conductors.
Make grounding (earth) conductor approximately 2 inches {50 mm} longer than the ungrounded
(phase) conductors at both ends. Refer to Section 260526. When the motor and equipment are
installed, the nameplate must be in full view.
LARGER MOTORS
If a motor horsepower rating larger than indicated is offered as a substitute and accepted, provide
required changes in size of conductors, conduits, motor controllers, overload relays, fuses, circuit
breakers, switches and other related items at no change in the contract price.
FIELD TESTING
A.
General. Provide all necessary instruments, labor and personnel required to perform motor inspection
and testing.
B.
Inspection. Inspect all motors for damage, moisture absorption, alignment, freedom of rotation, proper
lubrication, oil leaks, phase identification and cleanliness, and report any abnormalities to Owner’s
representative before energizing.
C.
Energizing. After installation has been thoroughly checked and found to be in proper condition, with
thermal overloads in motor controllers properly sized and all controls in place, energize the equipment
at system voltage for operational testing.
COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
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END OF SECTION
COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
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SECTION 23 05 29
EQUIPMENT BASES AND SUPPORTS
PART 1 - G E N E R A L
1.01
A.
1.02
A.
SUMMARY
Provide concrete equipment pads for all direct and isolated floor mounted equipment, and structural
equipment supports for horizontal tanks, heat exchangers and similar equipment, where required.
SUBMITTALS
Submit shop drawings on all structural supports.
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
CONCRETE
Provide 3000 psi concrete.
STRUCTURAL METAL
Construct floor stands of structural members or steel pipe for equipment supports.
PART 3 - E X E C U T I O N
3.01
A.
3.02
A.
CONCRETE PADS
Pour minimum 3-1/2-inch thick pads on roughened floor slabs unless otherwise noted. Reinforce pad
with No. 4 rebar set 12 inches on center unless indicated otherwise on structural drawings. Provide
2-inch clearance between top of pad and rebar. Extend outer edges of pads a minimum of 2 inches
beyond equipment. Secure equipment with anchor bolts in accordance with equipment installation
instructions.
STRUCTURAL SUPPORTS
Existing pipe supports shall be removed and reused as indicated on drawing, supports fabricated of
structural members. Provide new galvanized all thread bolts with adequate adhesive for drilled in
placement new level nuts and securing nuts. Grout around bases with a minimum of 3000 psi grout to
provide additional support of pipe support.
END OF SECTION
EQUIPMENT BASES AND SUPPORTS
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SECTION 23 05 48
VIBRATION ISOLATION
PART 1 - G E N E R A L
1.01
SUMMARY
A.
All mechanical equipment, piping and ductwork as noted on the equipment schedule or in the
specification shall be mounted on or suspended from vibration isolators to reduce the transmission of
vibration and mechanically transmitted sound to the building structure. Vibration isolators shall be
selected in accordance with the weight distribution so as to produce reasonably uniform deflections.
B.
All isolation materials shall be supplied by the same manufacturer.
1.02
SUBMITTALS
A.
Product Data.
1.
Schedules of flexibly mounted equipment, referencing drawings by number.
2.
Catalog cuts or data sheets on vibration isolators.
B.
Drawings.
1.
Submit details of equipment bases including dimensions, structural member sizes and support
point locations.
2.
Submit details of isolation hangers for suspended equipment, piping and ductwork.
3.
Submit details of mountings for floor supported equipment, piping and ductwork.
4.
All hanger, mounting or pad drawings shall indicate deflections and model numbers as well as
any other requirements in the specifications.
5.
Spring diameters, rated loads and deflections, heights at rated load and closed height shall be
provided for all springs shown in the submittals in tabular form.
6.
Complete flexible connector details.
C.
Certifications. As required by Article 3.03.
1.03
A.
STOCK REQUIREMENTS
The isolation manufacturer’s representative shall maintain an adequate stock of springs and isolators of
type used so that changes required during construction and installation can be made.
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
MANUFACTURER
Mason Industries, Amber Booth, or Kinetics.
ISOLATOR DESIGN
Materials. Design and treat vibration isolators for resistance to corrosion. Furnish phosphatized steel
components with epoxy powder paint coating. Components exposed to the weather shall be epoxy
VIBRATION ISOLATION
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powder paint coated or hot-dipped galvanized. Furnish zinc electroplated nuts, bolts and washers.
Clean steel bases thoroughly of welding slag and prime with zinc-chromate or metal etching primer.
B.
2.03
Design.
1.
All spring isolators must be completely stable in operation, have a Kx/Ky ratio of at least 1:1, and
must be designed for not less than 50 percent reserve deflection beyond specified deflection.
2.
Design isolators for equipment installed outdoors to provide adequate restraint due to normal
wind conditions. The isolators must withstand wind loads of 30 pounds per square foot applied
to any exposed surface of the isolated equipment.
3.
Air handling equipment subjected to horizontal air thrust shall be furnished with isolated thrust
resistors to limit displacement to 1/4 inch.
ISOLATOR TYPES
A.
All vibration isolators described in this section shall be the product of a single manufacturer. Mason
Industry’s products are the basis of these specifications; products of other manufacturers will be
considered provided samples comply with the specification. Submittals and certification sheets shall be
in accordance with Article 1.03.
B.
Type WSW. Two layers of 3/8-inch thick neoprene pad consisting of square waffle modules separated
horizontally by a 16-gauge galvanized shim. Load distribution plates shall be used as required.
2.04
ISOLATOR APPLICATIONS
EQUIPMENT
ISOLATOR TYPE/
MINIMUM DEFLECTION
BASE TYPE
A.
Rotary Screw Chiller.
WSW/1/8″
—
B.
Expansion Tank
WSW/1/8″
—
PART 3 - E X E C U T I O N
3.01
A.
3.02
ROTARY SCREW CHILLER
The chiller is being pre-purchased by the owner and should be shipped with seismic spring isolators
from the chiller manufacturer. We have included WSW pads in the event that the spring isolators do
not have a rubber padding on the bottom to prevent metal on concrete contact. Contractor shall provide
WSW pad under each spring isolator to prevent direct metal contact of the spring isolator and the
concrete.
FLEXIBLE CONNECTORS
A.
Provide flexible connections at suction and discharge of chilled water, condenser water and hot water
pumps, and where indicated on drawings.
B.
Type SAFEFLEX.
1.
Flexible spherical expansion joints shall employ peroxide-cured EPDM in the covers, tubes and
frictioning of the reinforcement. Reinforcement must be DuPont, Kevlar. Solid steel rings shall
be used within the raised face rubber ends to prevent pullout. No substitutions for the DuPont
Kevlar or the solid steel embedded flange rings are acceptable. Sizes 2 inches {50mm} and
VIBRATION ISOLATION
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Wharton I.S.D.
2.
3.
3.03
A.
larger shall have two spheres reinforced with a metal ring between spheres to maintain shape, and
complete with split ductile iron or steel flanges with hooked or similar interlocks. Sizes 16
inches {400mm} to 24 inches {600mm} may be single sphere. Sizes 3/4 inch {20mm} to 1-1/2
inches {40mm} may have threaded bolted flange assemblies, one sphere and cable retention.
14-inch {300mm} and smaller connectors shall be rated at 250 psi {17 BAR} up to 190°F
{88°C} with a uniform drop in allowable pressure to 190 psi {13 BAR} at 250°F {121°C}.
16-inch {400mm} and larger connectors are rated 180 psi {12 BAR} at 190°F {88°C} and 135
psi {9 BAR} at 250°F {121°C}. Safety factors to burst and flange pullout shall be a minimum of
3/1. All joints must have permanent markings verifying a 5-minute factory test at twice the rated
pressure. Concentric reducers to the above specifications may be substituted for equal ended
expansion joints.
High pressure joints shall be substituted for the above where operating pressures are higher than
standard. Expansion joints shall be installed in piping gaps equal to the length of the expansion
joints under pressure. Control rods need only be used in unanchored piping locations where the
manufacturer determines the installation exceeds the pressure requirement without control rods.
Control rods are not desirable in seismic work. If control rods are used, they must have 1/2-inch
{12mm} thick neoprene washer bushings large enough in area to take the thrust at 1000 psi
{6.9N/mm2} maximum on the washer area. Standard diameter bolt washers are not acceptable.
Submittals shall include two test reports by independent consultants showing minimum
reductions of 20 dB in vibration accelerations and 10 dB in sound pressure levels at typical blade
passage frequencies on this or a similar product by the same manufacturer. All expansion joints
shall be installed on the equipment side of the shutoff valves. Expansion joints shall be
SAFEFLEX SFDEJ, SFEJ or SFU, and control rods CR as manufactured by Mason Industries,
Inc.
FACTORY VERIFICATION
After installation, furnish factory-trained representative of the isolation manufacturer to check various
isolators and report measured versus anticipated deflection on all isolators. Have the representative
submit written certification that isolators have been installed in accordance with manufacturer’s
recommendations and approved submittals.
END OF SECTION
VIBRATION ISOLATION
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SECTION 23 05 53
IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT
PART 1 - G E N E R A L
1.01
SUMMARY
A.
Nameplates, labeling and identification methods for mechanical equipment and components, including
items located outdoors, in building equipment rooms, in tunnel and on roof.
B.
Classroom fan coil units will not have tags.
1.02
SUBMITTALS
A.
Submit list of wording, symbols and letter size coding for mechanical identification.
B.
Submit valve chart and schedule, including valve tag, number, location, function and valve
manufacturer’s name and model number.
C.
Submit manufacturer’s printed installation instructions.
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
2.03
A.
2.04
A.
2.05
A.
MANUFACTURERS
Brady, Seton, or Marking Services, Inc.
PLASTIC NAMEPLATES
Externally mark all mechanical equipment with nameplates which shall be black laminated rigid
phenolic with white core. Nameplate minimum size shall be 1 inch high by 3 inches long {25 x 75}
with 3/16-inch {4.8} high engraved white letters. Supply blank nameplates for spare units and spaces.
PLASTIC TAGS
Laminated 3-layer plastic with engraved black letters on light, contrasting background color. Tag size
minimum 1-1/2-inch {38} diameter.
METAL TAGS
Brass, aluminum with stamped letters; tag size minimum 1-1/2-{38} inch diameter with smooth edges.
PLASTIC PIPE MARKERS
Factory fabricated, flexible, semi-rigid plastic, preformed to fit around pipe or pipe covering; minimum
information indicating flow direction arrow and fluid being conveyed.
IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT
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2.06
A.
2.07
A.
PLASTIC TAPE PIPE MARKERS
Flexible, vinyl film tape with pressure-sensitive adhesive backing and printed markings.
UNDERGROUND PLASTIC PIPE MARKERS
Bright colored, continuously printed plastic ribbon tape of not less than 6 inches {150} wide by 4 mil
{0.10} thick, manufactured for direct burial service.
PART 3 - E X E C U T I O N
3.01
INSTALLATION
A.
Plastic Nameplates. Install with corrosive-resistant mechanical fasteners or adhesive. Apply with
sufficient adhesive to ensure permanent adhesion and seal with clear lacquer.
B.
Plastic or Metal Tags. Install with corrosive-resistant chain.
C.
Plastic Pipe Markers. Install in accordance with manufacturer’s instructions.
D.
Plastic Tape Pipe Markers. Install complete around pipe in accordance with manufacturer’s
instructions.
E.
Underground Plastic Pipe Markers. Install 6 to 8 inches {150 to 200} below finished grade, directly
above buried pipe.
F.
Equipment. Identify air handling units, chillers, variable speed drives, compressors, control panels (and
major control components outside panel), pumps, heat transfer equipment, tanks and water treatment
devices with plastic nameplates. Identify thermostats (or sensors) relating to terminal boxes or valve
with nameplates. Small devices, such as in-line pumps, may be identified with plastic or metal tags,
and thermostats (or sensor) with clear plastic.
G.
Controls. Identify control panels and major control components outside panels with plastic nameplates.
H.
Valves. Identify valves in main and branch piping with tags.
I.
Piping. Identify piping, concealed or exposed, with plastic pipe markers or plastic tape pipe markers.
Tags may be used on small diameter piping. Identify service, flow direction and pressure. Install in
clear view and align with axis of piping. Locate identification not to exceed 20 feet {6000} on straight
runs including risers and drops, adjacent to each valve and “T”, at each side of penetration of structure
or enclosure, and at each obstruction.
J.
Provide ceiling tacks to locate valves, dampers, terminal boxes or other concealed equipment above
T-bar type panel ceilings. Locate in corner of panel closest to equipment.
3.02
A.
VALVE CHART AND SCHEDULE
Provide valve chart and schedule in aluminum frame with clear plastic shield. Install in pump room at a
conveniently readable location height approximately 5’ AFF. Suggest on wall with Secondary Pump
VFDs between VFDs and exit door.
IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT
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END OF SECTION
IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT
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SECTION 23 05 93
AIR AND WATER BALANCE
PART 1 - G E N E R A L
1.01
A.
1.02
A.
SUMMARY
Provide final air and water balance after construction of the air and hydronics systems.
QUALITY ASSURANCE
Air and water balance shall be performed by an independent balance agency with at least 3 years of
pertinent experience and belonging to AABC or NEBB.
PART 2 - P R O D U C T S (Not Used)
PART 3 - E X E C U T I O N
3.01
GENERAL PROCEDURES
A.
Operating Tests. After all mechanical systems have been completed, and prior to air balance, subject
each system to an operating test under design conditions to ensure proper sequence of operation in all
operating modes. Make adjustment as required to ensure proper functioning of all systems.
B.
Certified Data. The Contractor shall provide certified data on fans, grilles, coils, filters and other
equipment required for proper balancing of the system.
C.
Adjustment. Supervise or perform necessary adjustments to air flow dampers, fans, sheaves, extractors,
splitters, and other controls as required to properly balance the system, to obtain quantities shown on
drawings, + 5 percent.
D.
Balancing. Follow balancing and testing procedures published by the Associated Air Balance Council
or NEBB.
E.
Reports. Compile the test data on a report form, similar to Associated Air Balance Council or NEBB
forms. Submit three copies to the Engineer for review. Include data on air volume at supply and return
grilles and diffusers. Include exhaust air volume.
F.
Equipment. Instruments used shall be accurately calibrated and maintained in good working condition.
Equipment shall be as listed by AABC or NEBB for this type of work.
3.02
A.
AIR AND WATER BALANCE
General Requirements.
1.
Do all work required for complete testing and adjusting of all HVAC and plumbing systems.
2.
Provide all instruments and equipment required to accomplish necessary testing, adjusting, and as
required by the Engineer to verify performance. All instruments shall be in accurate calibration
AIR AND WATER BALANCE
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3.
and shall be calibrated in ranges that will be expected. Instruments and equipment shall include,
but not be limited to:
a.
Two digital thermometers equivalent to Taylor Model 9842, to become property of Owner,
for installation in thermometer wells.
b.
Two pressure gauges, to become property of Owner.
c.
An instantaneous reading air measuring device.
d.
A sling psychrometer.
Prior to final observation, submit to the Owner a letter certifying:
a.
That all balancing is complete.
b.
That all controls are calibrated and functioning properly.
c.
That all parts of the various systems are complete and ready to be turned over to the Owner
for continuous operation. Submit with letter a report tabulating data required.
B.
Design Conditions. The HVAC systems have been designed to maintain the inside conditions indicated
below when operating with the outside conditions stated. Install, test and adjust the systems so that they
will produce the inside conditions for design; however, Contractor must be prepared to prove by
suitable test that equipment is producing capacities scheduled.
1.
Inside Conditions.
Summer: 75 F.D.B.
50% R.H.
Winter:
70 F.D.B.
2.
Outside Conditions.
Summer: 91.3 F.D.B.
79.1 F.W.B.
Winter:
36.0 F.D.B.
C.
Adjust all air system dampers and volume controllers to obtain proper air balance throughout the
conditioned area. The air quantities shown on the drawings for individual outlets may be changed to
obtain uniform temperature within each zone, but the total air quantity shown for each zone must be
obtained. Maximum temperature variation within a zone to be 2°F.
D.
Adjust all blower drives to obtain proper total amounts of air. Change drive if necessary to accomplish
proper air flow, at no additional cost to the Owner.
E.
Adjust all valves in the various water systems to obtain proper amount of water to each piece of
equipment.
F.
Calibrate, set and adjust all automatic temperature controls. Check proper amount of water to each
piece of equipment.
G.
After balancing is complete and before calling for final observation, record, and submit for record,
following data:
1.
For each fan coil unit:
a.
Motor nameplate F.L.A., actual amps, voltage.
b.
Measured cfm for total supply.
c.
Entering and leaving air temperature for each coil.
d.
Entering and leaving water temperatures for each water coil.
e.
Balancing contractor to verify piping through exterior wall has been sealed.
2.
For each pump (2 primary, 2 secondary):
a.
Suction and discharge pressure readings at shutoff.
b.
Suction and discharge pressure readings post balance at full flow operating conditions.
c.
Motor nameplate F.L.A., actual amp at rated flow, voltage; verify rotation.
d.
Copy of pump curve, with final balance point marked.
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3.
4.
5.
H.
For each chiller:
a.
Water temperature entering and leaving cooler.
b.
Water pressure entering and leaving cooler.
c.
Air temperature entering and leaving condenser.
d.
Pressure drop-flow curves for cooler with flow points marked.
e.
Motor nameplate F.L.A., actual amp, voltage.
Each condensing unit and heat pump:
a.
Ambient air temperature, condenser discharge temperature.
b.
Motor nameplate F.L.A., actual amps, voltage.
c.
Suction and discharge pressures, temperature.
d.
Verification that moisture indicator shows dry refrigerant.
e.
Settings of all operating and safety controls.
For each fan:
a.
Motor nameplate FLA, actual amps, voltage.
b.
Fan RPM.
c.
Measured CFM.
After Owner Occupancy. After Owner has occupied and is using the building, make an additional
inspection of the system within the first month to:
1.
Correct any Owner-observed temperature imbalances.
2.
Check correct operation of equipment and verify by letter or email to the Engineer. List in the
letter corrections made.
END OF SECTION
AIR AND WATER BALANCE
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SECTION 23 07 00
HVAC INSULATION - GENERAL
PART 1 - G E N E R A L
1.01
A.
1.02
A.
1.03
A.
1.04
A.
SUMMARY
General requirements for insulation. These requirements apply to all other Division 23 sections
specifying insulation.
FIRE HAZARD RATING
All duct and piping insulation used on the project shall have a flame spread rating not exceeding 25 and
a smoke developed rating not exceeding 50 as determined by test procedures ASTM E 84, NFPA 255
and UL 723. These ratings must be as tested on the composite of insulation, jacket or facing, and
adhesive. Components such as adhesives, mastics and cements must meet the same individual ratings
as the minimum requirements.
QUALITY ASSURANCE
Applicator shall be a company specializing in insulation application with minimum 5 years’ experience.
SUBMITTALS
Product Data. Submit product data on each insulation type, adhesive and finish to be used in the work.
Include manufacturer’s installation instructions, list of materials and thickness for equipment scheduled.
PART 2 - P R O D U C T S
2.01
A.
MANUFACTURERS
Acceptable manufacturers are listed under individual specification sections.
PART 3 - E X E C U T I O N
3.01
INSULATION
A.
Insulate valves, fittings, flanges and special items to the full thickness required for corresponding
piping.
B.
Replace insulation damaged by either moisture or other means. Insulation which has been wet, whether
dried or not, is considered damaged. Make repairs where condensation is caused by improper
installation of insulation. Also repair any damage caused by the condensation.
C.
Where existing insulated piping, ductwork or other surfaces are taped, remove existing insulation back
to undamaged sections and replace with new insulation of the same type and thickness as existing
insulation. Apply as specified for insulation of the same service.
HVAC INSULATION - GENERAL
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3.02
A.
ACCESSORIES
Installation of accessories such as jacketing, bands, adhesives, insulation shields, coatings, finishes, etc.,
are specified under individual specification sections.
END OF SECTION
HVAC INSULATION - GENERAL
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SECTION 23 07 16
HVAC EQUIPMENT INSULATION
PART 1 - G E N E R A L
1.01
SUMMARY
A.
Provide insulation for low temperature equipment.
B.
Low temperature installations include chillers, expansion tanks, air separators and other equipment
containing liquids and gases below 60°F.
PART 2 - P R O D U C T S
2.01
B.
2.02
INSULATION
Low Temperature Vessels. Provide 3/4-inch-thick, standard Armstrong Armaflex sheet insulation to
chillers, expansion tanks, air separators, and other heat exchangers.
CEMENT AND COATINGS
A.
Cement. Provide Ryder One Coat cement to seal insulation for high temperature vessels.
B.
Coating. Furnish Childers CP-50AHV2 coating to provide a finish coat and to secure glass cloth for
high temperature vessels.
C.
Sealant. Use Childers CP-67 to seal the joints of insulation on low temperature vessels.
D.
Finish. Use Childers CP-30LO finish to adhere and coat the glass cloth on low temperature vessels.
E.
Acoustical Coating. Use Childers Muffl-Lag.
F.
Primer. Use Childers CP-53.
PART 3 - E X E C U T I O N
3.01
LOW TEMPERATURE EQUIPMENT (ARMAFLEX)
A.
Adhere Armaflex sheet insulation to clean, oil-free metal surfaces by compression fit method and full
coverage of Armstrong 520 adhesive. Seal butt joints with same adhesive.
B.
Apply a coat of Childers CP-17 finish to insulation with sufficient thickness to provide satisfactory
hiding qualities.
3.02
A.
CHILLERS AND SUCTION PIPING REQUIRING NOISE CONTROL
Apply Childers Muffl-Lag following manufacturer’s instructions in place of CP-30LO vapor barrier
coating employing a No. 5 glass cloth reinforcing membrane. For compressor discharge piping,
HVAC EQUIPMENT INSULATION
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crossover piping, condenser and hot gas bypass, apply Childers Muffl-Jac acoustical jacketing in place
of CP-30LO vapor barrier coating.
END OF SECTION
HVAC EQUIPMENT INSULATION
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SECTION 23 07 16.13
CHILLED WATER PUMP INSULATION
PART 1 - G E N E R A L
1.01
A.
SUMMARY
Provide insulation for chilled water pumps.
PART 2 - P R O D U C T S
2.01
ARMAFLEX INSULATION
A.
Insulation. Provide standard Armstrong Armaflex AP sheet insulation, 1 inch thick.
B.
Adhesive. Use Armstrong 520 adhesive.
C.
Finish (Indoor or Outdoor). Use Childers CP-17, white. Provide a minimum thickness to entire surface
to provide satisfactory hiding qualities.
PART 3 - E X E C U T I O N
3.01
ARMAFLEX INSULATION INSTALLATION
A.
Construct a frame around the lower half of the chilled water pump, using angles made of .016-inch
aluminum or galvanized sheet metal. If the chilled water pump is very large, add additional metal
angles to rigidize the frame. The metal angles can be held together with galvanized nuts and bolts or
pop rivets. Cut Armaflex sheets to fit each side and end of the metal angle frame. Each section of
insulation should cover only the lower half of the top angle. The end insulation must be measured and
cut out for the pipes or flanges. The side insulation must be cut out for protrusions at the drain at the
bottom and at the shaft protrusion at the top. Then apply the insulation to the angle by use of the 520
adhesive.
B.
Construct a frame around the upper half of the chilled water pump. Construct the upper half of the
frame the same as specified for the lower half. The height of the frame is determined by the highest
protrusion of the top section of the chilled water pump. A piece of .016-inch galvanized steel or
aluminum the dimension of the top of the frame shall be secured to the angles by use of galvanized nuts
and bolts, or pop-rivets. This will produce a rigid top. Armaflex sheet shall then be cut to fit all sides
of the cover. The height of the insulation for all sides is cut oversize to allow it to meet the body
insulation plus 1/8 inch for a compression fit. The insulation is then adhered to the angles by use of the
520 adhesive. The extra 1/8 inch will be under compression from the weight of the top cover pushing
down against the bottom cover insulation. Then cut another piece of insulation to fit the top cover and
adhere it to the top by using the 520 adhesive. Assemble the cover.
C.
Apply a finish to the cover as specified in paragraph 2.01B.
D.
Construct housing in accordance with manufacturer’s written recommendations.
END OF SECTION
CHILLED WATER PUMP INSULATION
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SECTION 23 07 19
LOW TEMPERATURE HVAC PIPING INSULATION
PART 1 - G E N E R A L
1.01
A.
SUMMARY
Provide low temperature piping insulation. Applications including chilled water, refrigerant, and
condensate drains.
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
B.
MANUFACTURER
Certainteed, Knauf, or Owens-Corning.
FIBERGLASS INSULATION (INDOOR PIPING)
Material. Use fiberglass insulation, 0.23 maximum K factor at 75°F mean, water vapor permeance 0.02
perm-inch maximum, with factory-applied, all service reinforced vapor barrier jacket having integral
laminated aluminum vapor barrier, self-sealing laps and butt strips. Provide molded or mitered covers
for flanges, valves and fittings.
Thickness.
Piping
Thickness (Inches) {mm}
Chilled Water Piping, 6″ {150} and smaller
Chilled Water Piping, 8″ {200} and larger
Refrigerant Suction Piping
Condensate Drains and Roof Drain Lines
Domestic Cold Water Piping (as noted on drawings)
1-1/2
2
1-1/2
1/2
1
{38}
{50}
{38}
{13}
{25}
C.
At Contractor’s option, factory-made insulation by either “Insul-Phen”,“Koolphen” or “Trymer 2000”
may be provided. Installation shall be per manufacturer’s standard procedures in its entirety and shall
meet this section as well.
D.
Sealant, Adhesive and Finish.
1.
Childers CP-76 shall be used at valve covers, anchors and hangers.
2.
Childers CP-82 shall be used to seal longitudinal laps of the vapor barrier jacket and adhere butt
joint covers.
3.
Provide Childers CP-30LO finish for use with 10″ x 10″ glass fabric reinforcement.
2.03
A.
FOAMGLAS® INSULATION (EXTERIOR PIPING)
Material. Foamglas® Insulation thickness for pipes listed in 2.03 B of this section, outdoor and
aboveground, manufactured by Pittsburgh Corning Corporation and fabricated by a Pittsburgh Corning
Corporation-approved fabricator. The insulation shall comply with ASTM C 552 Type II. Products of
other manufacturers proposed as equivalent quality shall be submitted for written approval. Supporting
technical data, samples, published specifications and the like shall be submitted for comparison. The
Contractor shall warrant that proposed substitutions, if accepted, will provide performance equal to the
LOW TEMPERATURE HVAC PIPING INSULATION
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materials specified herein. Provide precut, molded or mitered fiberglass blanket insulation for wrapping
flanges, valves and fittings. Provide fiberglass blanket insulation to fill voids around flanges and
valves.
B.
Thickness.
Piping
Thickness (Inches) {mm}
Chilled Water Piping, 4″ and smaller
Chilled Water Piping, 6″ {150} thru 12″
Refrigerant Suction Piping
Condensate Drain Piping
2-1/2
3
2-1/2
1
{63}
{75}
{63}
{25}
C.
Accessories.
1.
Indoor Applications. All-purpose jacketing of kraft paper/aluminum foil/vinyl coating
construction by Lamtec Corporation, Compac, Alpha Association, or approved substitution.
2.
Outdoor Applications. Embossed aluminum jacketing, 0.016-inch thickness, with bands and
seals of the same material, by Childers Products, Premetco International, or approved
substitution.
D.
Aboveground Mastic Finish Applications. Pittcote® 404 coating reinforced with PC® Fabric 79
available from Pittsburgh Corning Corporation, or approved substitution.
E.
Sealant. Pittseal® 444 Sealant by Pittsburgh Corning Corporation or approved substitution.
F.
Banding.
1.
Aluminum bands, 1/2 inch wide by 0.010 inch thick with matching seals.
2.
Reinforced tape for insulation, 3/4 inch with fiber reinforcement, Scotch Brand No. 880 by 3M,
or approved substitution.
3.
Copper or stainless steel wire, 14 gauge soft-annealed.
2.04
A.
INSULATION SHIELDS
Field Fabricated. Furnish a section of high-density insulation at each hanger, support and anchor, as
scheduled below. Color code the high-density insulation either by contrasting color or by flecking for
positive identification. Further support the insulation with shields of galvanized metal extending not
less than 4 inches on either side of the support bearing area to cover at least half of the pipe
circumference. When pipe is guided top and bottom, cover full pipe circumference. Adhere shield to
insulation to avoid slippage.
Pipe
Diameter
3″ and smaller
4″ to 6″
8″ to 18″
18″ and larger
B.
Length of Insulated
Section in Inches
Minimum US Standard
Gauge of Metal Shield
12
12
18
24
18
16
14
12
Factory-made. Insulation shields as made by Pipe Shields, Inc., or approved substitution may be
provided at Contractor=s option. Insulation shall extend at least 1 inch beyond metal. Select proper
shield for service and span.
LOW TEMPERATURE HVAC PIPING INSULATION
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2.05
ALUMINUM JACKETING
A.
Acceptable Manufacturers. Jacketing as manufactured by Childers or Quality Service Metals will be
acceptable.
B.
Piping. Finish insulated pipe with a prefabricated jacket of Type 3105-H14 aluminum alloy, 0.016 inch
thick, with factory-applied, 1-mil Polykraft moisture barrier, Childers Strap-on or approved substitution.
Corrugated finish.
C.
Valves, Fittings and Flanges. Finish all valves, fittings and flanges, and similar installations with
formed aluminum covers, 0.024 inch thick, Type 1100-H14 aluminum alloy with factory-applied
acrylic moisture barrier.
D.
Straps and Seals. Provide aluminum strapping and seals for jackets and covers according to
manufacturer’s recommendation; 3/4-inch by 0.020-inch-thick, Type 3105-H14 aluminum.
PART 3 - E X E C U T I O N
3.01
PREPARATION
A.
Tests of the piping system shall be completed prior to insulation application.
B.
All piping shall be cleaned of foreign substances and free of surface moisture prior to insulation
application.
3.02
INSTALLATION OF FIBERGLASS INSULATION (Indoor)
A.
Pipe.
1.
Butt insulation joints firmly together. Seal longitudinal laps and butt strips with sealant.
2.
Where piping is interrupted by fittings, flanges, valves or hangers and at intervals not to exceed
25 feet on straight runs, an isolating seal shall be formed between the vapor barrier jacket and the
bare pipe by liberal application of the sealant to the exposed joint faces carried continuously
down to and along 4 inches of pipe and up to and along 2 inches of the jacket. This shall be done
only on chilled water service.
3.
Finish all piping.
B.
Valves, Flanges and Fittings.
1.
Insulate all valves, flanges and fittings with premolded or mitered fitting covers secured with
wire. Thickness of insulation shall be equal to that adjoining piping.
2.
Finish with the layer thickness, as recommended by manufacturer, of Childers CP-30LO
reinforced with glass fabric.
C.
Control Valve Covers.
1.
Valves at fan coil units normally will be located over drip pans so that condensed moisture will
be collected. At air handling units, insulate the valve body with finished insulation, complete
with troweled-on vapor seal, shaped to accommodate the valve body.
2.
Seal covers to valve insulation proper with adhesive so that the seal may be broken with a knife
blade without damage to either part. Arrange so that cover can be removed and replaced as
necessary for operation of the valve. Finish valve cover with glass cloth and two coats of finish.
LOW TEMPERATURE HVAC PIPING INSULATION
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D.
Isolation Valve Covers.
1.
Remove valve wheel, tighten packing gland, and fabricate special covers, complete with
troweled-on vapor seal, shaped to accommodate the valve stem.
2.
Seal covers to valve insulation properly with adhesive so that the seal may be broken with a knife
blade without damage to either part. Arrange so that cover can be removed and replaced as
necessary for operation of the valve.
3.
The requirement for special covers may be waived in certain locations where dripping condensate
can be tolerated and the valve will be used frequently. Such locations will be identified by the
Engineer.
E.
Shields and Hangers. Where piping hangers or anchors must be in direct contact with pipe, seal off the
pipe insulation on both sides of the hanger by carrying the vapor seal down to the bare pipe. Apply
insulation around the hanger ring or anchor and pipe and carry vapor barrier upward and outward along
the hanger rod or anchor members to a point not less than 12 inches from the adjacent pipe. Draw wire
loops tight over the vapor barrier jacket, with ends of wire bent down. Take care to avoid puncturing
the vapor seal. Finish insulation as specified for flanges, and seal over adjacent vapor barrier jacket.
Caulk penetrations with vapor barrier sealant.
3.03
INSTALLATION OF FOAMGLAS® INSULATION (Outdoor)
A.
Insulation shall be applied to piping with all joints tightly fitted to eliminate voids. For systems
operating at or below 35 F, all joints must be sealed full-depth with sealant. Sealant shall not be used to
fill voids or cracks.
B.
Insulation sections shall be secured with two wires or aluminum bands. Two strips of reinforced tape
may be used in place of bands or wire if exterior bands are used with jacketing. The tape shall overlap
itself by 50 percent.
C.
Fittings shall be insulated in a manner similar to that for piping.
D.
Apply all-purpose jacketing in accordance with manufacturer’s instructions ensuring a minimum 2-inch
lap at all longitudinal joints. All circumferential joints should butt as closely as possible (1/4-inch
maximum gap in jacketing). A 4-inch-wide butt strip shall be applied over the circumferential joints.
All laps and butt strips shall be either adhesive faced (self-seal) or sealed by field application of
appropriate adhesive.
E.
Aluminum jacketing shall be applied with all laps positioned to shed water. All laps shall be a
minimum of 2 inches. Aluminum jacketing shall be secured using bands and seals as specified. Band
spacing shall be two bands equally spaced per section of insulation, maximum 12 inches o.c.
END OF SECTION
LOW TEMPERATURE HVAC PIPING INSULATION
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SECTION 23 09 00
DDC TEMPERATURE CONTROL
PART 1 - GENERAL
1.01
SUMMARY
A.
Provide the controls, programing and hardware necessary for the addition of two Rotary Screw Chillers
for connection and control with the the existing Scneider Electric control system installed. The system
shall include the following:
1.
A system of direct digital control (DDC), using native the most current ASHRAE 135,
BACnet protocol, with electronic sensing, electronic actuation and software-based control
algorithms.
2.
A fail-safe/operate-safe system that will operate to prevent equipment or system failure and
maintain system operation upon a loss of the DDC system.
3.
Control and interlock wiring.
4.
Calibration, testing and acceptance.
B.
On the drawings and other specifications sections the term Building Automation and Control System
(BACS), Building Management System (BMS), Direct Digital Control System (DDC System) and
HVAC DDC system are all used interchangeable to refer to the control system defined in this section of
the specification.
1.02
REFERENCE STANDARDS
A.
ASME MC85.1 - Terminology for Automatic Control.
B.
NEMA EMC1 - Energy Management Systems Definitions.
C.
NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum).
D.
NFPPA 70 - National Electrical Code.
E.
NFPA 90A - Installation of Air Conditioning and Ventilation Systems.
F.
ANSI/ASHRAE 135 - BACnet.
G.
EN 61000-4, Sections 1-5.
1.03
TRAINING
A.
Upon completion of the work and acceptance by the School Head of Maintence, the installing
contractor shall provide installation and operating information to the operating personnel who have
responsibility for the mechanical system.
B.
Controls Contractor shall also provide a minimum of 1 year of training to school personnel. Contractor
shall include all training cost in the original proposal; Owner shall not incur any other training cost
throughout the training period. Training is to include a minimum of 80 hours on-site plant and
mechanical room walk through as well as structured in-house classroom training classes. Subjects that
are to be covered include front-end workstation navigation and operation, introductory and advanced
DDC TEMPERATURE CONTROL
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user training, mechanical system overview, chiller management and boiler controls, network layouts
and communications, report and alarm generation and meaning, and overall system troubleshooting.
C.
1.04
The BACS contractor is to provide phone support during regular business hours, at no additional cost,
to the Owner for the life of the system.
SYSTEM DESCRIPTION
A.
Provide an extension of the existing DDC systems including associated equipment and accessories. The
DDC (referred to as BACS in these documents) system shall utilize ANSI/ASHRAE Standard 135
BACnet protocol for communication on the Facility-wide network as described here in. It shall be able
to control all the chiller plant operations. In the event of having to integrate different manufacturers
incorporating BACnet compatible control devices from various vendors, then the control vendor
providing this equipment shall provide all the necessary hardware and software to integrate this
equipment into the main BACS system. Provide the control system complete, and operating as
specified. Manufacturer's products, including design, materials, fabrication, assembly, erection,
examination, inspection, and testing shall be in accordance with ASME B31.1 and NFPA 70, except as
modified herein or indicated otherwise. Included are Network Communication Modules, Local Control
Modules, electric actuators, sensor/transmitters, electric switches, electric or electronic relays, and
associated wiring and tubing as required to implement the BACS.
B.
The Controls Contractor shall provide all software required for the system, fully configured database,
graphics, reports, alarm/events to be used specifically with this equipment.
C.
Control algorithms shall be accomplished with digital devices, and actuation shall be accomplished with
electric devices, unless specifically stated otherwise.
D.
The BACS shall employ the most current ASHRAE Standard 135, BACnet for all digital
communications between control units. Proprietary protocols or limited proprietary protocols are
unacceptable for all equipment except chillers and boilers and these proprietary protocols will be
acceptable only if open to owner. Mod bus on boilers with gateway is acceptable if an open protocol is
provided.
E.
All installation, system integration, testing, calibration, supervision, adjustments, balancing and tuning
necessary to implement a fully operational system shall be included as a part of this project.
F.
The system shall monitor, control, and calculate all of the points and perform all the functions as listed
in the construction documents.
1.05
SUBMITTALS FOR REVIEW
A.
Product Data: Provide engineering specifications for each system component and software module.
B.
Shop Drawings:
1.
Indicate trunk cable schematic showing programmable control unit locations, and trunk data
conductors.
2.
List connected data points, including connected control unit and input device.
3.
Provide control program flow diagrams showing control algorithms and field hardware for all
control processes. Similar control sequences may be shown once, along with a schedule of
similarly controlled processes, together with associated equipment.
4.
Indicate system graphics indicating monitored systems, data (connected and calculated) point
addresses, and operator notations. Provide demonstration diskette containing graphics.
DDC TEMPERATURE CONTROL
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5.
6.
7.
8.
9.
10.
1.06
Show system configuration with peripheral devices, batteries, power supplies, diagrams,
modems and interconnections.
Indicate description and sequence of operation of operating, user, and application software.
Ensure terminology used in submittals conforms to ASME MC85.1 or NEMA EMC1.
Provide Protocol Implementation Conformance Statements (PICS) for all supplied BACnet
devices.
Provide complete descriptions and operator’s manuals for software tools for developing and
downloading control programs to all programmable devices.
Provide system specification for new BMS work station where DDC software and trending
data will be housed. See 1.04 C of this section for minimum requirements.
SUBMITTALS AT PROJECT CLOSEOUT
A.
Provide manufacturer’s installation instructions for all manufactured components.
B.
Project Record Documents: Record actual locations of control components, including control units,
thermostats, and sensors.
1.
Revise shop drawings to reflect actual installation and operating sequences.
2.
Include data specified in “Submittals” in final “Record Documents” form.
C.
Operating and Maintenance (O&M) manuals for the system shall be made available electronically and
include the following categories: Workstation User's Manual, Project Engineering Handbook, and
Software Documentation.
1.
Project Engineering Manual shall contain as a minimum:
a.
System architecture overview and networking configuration
b.
Hardware cut-sheets and product descriptions
c.
The Contractor shall deliver sets of record drawings. All drawings shall be reviewed
after the final system checkout and updated to provide 'as-built' drawings. The
system will not be considered complete until the record drawings have received their
final approval.
d.
Installation, mounting and connection details for all field hardware and accessories
e.
Commissioning, setup and backup procedures for all control modules/accessories,
BAS server software, and database.
f.
Listing of basic terminology, alarms/messages, error messages and frequently used
commands or shortcuts.
D.
BAS Software Documentation shall contain as a minimum:
1.
All Graphical Programs, detailing their application to specific HVAC equipment and
electrical/mechanical subsystems, together with a glossary or icon symbol library detailing the
function of each graphical icon. Revisions made as a result of the submittal process, during the
installation, start-up or acceptance portion of the project, shall be accurately reflected in the
record drawings.
2.
Graphical representation of the mechanical equipment hierarchy for the project including all
equipment controlled by the BAS
3.
Detailed listing of all alarm and event messages programmed for designated
mechanical/electrical equipment and required operator action.
E.
Upon completion of the installation, the Contractor shall start up the system and perform all necessary
calibration, testing, and debugging operations. The Contractor in the presence of the School Head of
Maintenance shall perform an acceptance test.
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F.
Submit manufacturers’ warranties, and ensure necessary forms have been properly filled out and
registered with manufacturers and suppliers, on behalf of the Owner.
G.
When the system performance is deemed satisfactory, the system parts will be accepted for beneficial
use and placed under warranty. Upon acceptance by the School Head of Maintenance the warranty
period will start.
1.07
A.
1.08
A.
1.09
A.
B.
C.
D.
1.10
QUALITY ASSURANCE
Design of the electronic control system shall be under direct supervision of a Professional Engineer
licensed in the State of Texas with a minimum of five years experience in the design of
electronic/pneumatic/electric control systems for central cooling and heating thermal energy plants
serving campus type facilities, including air distribution systems and primary/secondary cooling and
heating water distribution systems. The Engineer shall be knowledgeable and experienced in the
design, installation and integration of BACnet systems.
1.
All controls and instrumentation to be installed, shall be calibrated and adjusted, and where
required programmed with sensors in accordance with instrument manufacturers requirements
and recognized standard calibration procedures by instrument technicians educated and trained
in electrical, pneumatic and electric controls technology and in the full-time employ of the
Controls and Instrumentation Contractor. The Controls and Instrumentation Foreman shall
have a minimum of five years experience in the measurement, calibration, monitoring, testing
and troubleshooting of electronic, pneumatic and electrical control systems or better.
2.
Control and instrument Technicians shall possess at least five years field experience in the
measurement, calibration, monitoring, testing and troubleshooting of electronic, pneumatic and
electrical control systems or better.
3.
For the duration of this project, no personnel may be reassigned without the expressed
permission of the School Head of Maintenance.
REGULATORY REQUIREMENTS
Products Requiring Electrical Connection: Listed and classified by Underwriter’s Laboratories Inc., or
testing firm acceptable to the authority having jurisdiction as suitable for the purpose specified and
indicated.
EXTENDED WARRANTY
The Contractor shall replace or repair any defective system components for a period of one year from
date of Substantial Completion.
Maintain a log of all system failures during the warranty period and detail corrective action taken.
Correct any defective Work discovered during the one-year warranty period, commencing with issuance
of a Certificate of Substantial Completion.
Provide five-year manufacturer’s warranty for material only field programmable micro-processor based
units.
MAINTENANCE SERVICE
A.
Provide service and maintenance of BACS during the one-year warranty period, commencing from the
date of Substantial Completion.
B.
Provide four complete inspections per year, at the beginning of each season, to inspect, calibrate, and
adjust controls as required, and submit written maintenance reports.
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C.
Provide complete service of systems. Make normal inspections in addition to normal service calls to
inspect, calibrate, and adjust controls, and submit written maintenance reports.
D.
Respond to service calls within four hours or less.
E.
Provide software updates or revisions issued by the manufacturer during the service and maintenance
period, including system checkout.
1.11
A.
B.
1.12
PROTECTION OF SOFTWARE RIGHTS
Prior to delivery of software, the Owner and the party providing the software will enter into a license
agreement declaring that all software is duly licensed for Owner’s use at this facility, that the protocol is
open for use by other vendors without restriction, and that source code is included.
Provide all necessary registrations and agreements with software copyright holders for execution by the
Owner.
WIRING, IDENTIFICATION, COORDINATION
A.
All wiring and conduit shall be installed in accordance with Division 26 - Electrical.
B.
C.
The conduit/wiring system required for the BACS shall be a complete, separate, independent system.
Conduit sharing with other unrelated electrical systems is not permitted.
Conduit fill shall not exceed 40% in any portion of the conduit system.
D.
All wiring shall be clearly labeled at each end.
E.
Differentiate BAS wiring from that of other trades by provide a yellow outer jacket on all cable except
for underground. Arc-net cable will be yellow with green stripe. U-net cable will be yellow with blue
stripe. All other cable will be all yellow.
F.
Analog Input, Analog, Digital Input, and communications wiring may be run together in common
conduit or bundle.
G.
Digital Output wiring may not be run in common conduit or bundles with Analog Input, Digital Input,
Analog Output, or communications wiring.
H.
Signal circuits may not be run in common conduit or bundles with AC power circuits.
I.
Digital Input, Analog Input 4-20 mA, and Analog Output wiring shall be #18 shielded twisted pair.
J.
Analog Input/Thermistor/or voltage types wiring shall be #18 shielded twisted pair.
K.
Network Communications wiring shall be compatible with the supplied physical transport medium, in
conformance with Division 26 specifications.
L.
Field devices requiring a 4-20 mA DC input signal shall be non-ground referenced.
1.13
A.
COMMUNICATION CABLING RESPONSIBILITY
All communication media connectors, repeaters, hubs, and routers necessary for the facility-wide LAN
shall be provided by Division 26. A 10BaseT jack will be provided adjacent to each network module
and PC Workstation for connection to this network.
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B.
Communication cabling between BACS control devices must be in conformance with this specification.
PART 2 - PRODUCTS
2.01
MANUFACTURER
A.
The system specified in this document shall be an extension of the existing system at Wharton High
School. Manufacturers providing control systems and components that employ ANSI/ASHRAE-135,
BACnet, as the native communication protocol for all digital communications, shall be acceptable,
provided that their equipment and software are in compliance with this specification. Acceptable
manufacturers are Johnson Controls, Seimens or approved equivalent.
B.
The controls shall provide a completely interactive user interface and must offer the following features
as a minimum for the installed equipment to be controled:
1.
2.
3.
4.
5.
6.
7.
8.
9.
2.02
A.
2.03
A.
Trending
Scheduling
Downloading Memory to field devices
Real time ’live’ Graphic Programs
Tree Navigation
Parameter change of properties
Set point Adjustments
Alarm / Event information
Configuration of operators
BAS SERVER HARDWARE
Existing Computer Configuration (Hardware Independent)
Central Server. The server was provided as part a previous contract by the control vendor Johnson
Controls . This is an existing piece of network hardware that will be used for the control system on this
project.
BUILDING SYSTEMS INTEGRATION
Protocol Translator Module: The BAS System shall establish a seamless interconnection with other
building, electrical and/or mechanical subsystems as well as other manufacturers control systems using
a Protocol Translator as specified below and related equipment sections of the specification. These
systems shall be controlled, monitored and graphically programmed with the same Graphical
Programming Language (GPL) used for all other control modules.
1.
System Information. All system information specified in the I/O Point Summary and related
documents shall be available to the BAS server.
2.
OEM Cooperation. Full cooperation by the Original Equipment Manufacturer (OEM) in this
open protocol effort shall be a requirement for bidding this project. OEM manufacturers shall
bid BACnet. OEM manufacturers that utilize other protocols shall include the cost of a BTM in
their bid. If the OEM manufacturer uses the LonWorks protocol, they shall certify their devices
are LONMARK compliant and comply with the requirements of this specification.
3.
Necessary Equipment Included Price. If the equipment manufacturer does not have this
capability, they shall contact the authorized representative of the BAS for assistance and shall
include in their equipment price any necessary equipment obtained from the BAS
manufacturer to comply with this section.
4.
PTM Specification:
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a.
b.
c.
d.
e.
2.04
The PTM shall be a microprocessor based communication device designed to provide
seamless, two-way translation between two or more standard or non-standard
protocols.
The PTM shall be available for a variety of Data Link\Physical Layer configurations
including PTP (point-to-point) via EIA-232, MS/TP via EIA-485, ARCNET and
Ethernet.
In addition to BACnet, the PTM shall also support other protocols including Modbus,
J-Bus and other protocols as specified herein for electrical/mechanical subsystems.
The PTM shall have at least three communication ports. One shall be for
communication between native BACnet controllers residing on the controller
network. The other two ports shall have the ability to be configured for different
protocols.
The PTM shall provide full custom programmability of the data flowing between the
networks using the same graphical programming as specified herein. The system
shall have the ability to create custom building control strategies using global data
between networks.
INPUT DEVICES
A.
Temperature Sensors shall be of the type and have accuracy ratings as indicated and/or required for the
application and shall permit accuracy rating of within 1% of the temperature range of their intended use.
1.
Sensors used for mixed air application shall be the averaging type and have an accuracy of +1º
F.
2.
OA temperature sensors shall have a minimum range of -52º F to 152º F and an accuracy of
within +1º F in this temperature range.
3.
Room temperature sensors shall have an accuracy, of +0.25º F in the range of 45º F to 96º F.
4.
Chilled water and condenser water sensors shall have an accuracy of +0.25º F in their range of
application.
5.
Hot water temperature sensors shall have an accuracy of +0.75º F over the range of their
application.
6.
Humidity Sensors. Sensors shall have an accuracy of ±5% over a range of 20% to 95% RH.
B.
Pressure Instruments.
1.
Differential Pressure and Pressure Sensors. Sensors shall have a 4-20mA output proportional
signal with provisions for field checking. Sensors shall withstand up to 150% of rated
pressure, without damaging the device. Accuracy shall be within ±2% of full scale. Sensors
shall be manufactured by Leeds & Northrup, Setra, Robertshaw, Dwyer Instruments,
Rosemont, or approved equivalent.
2.
Water Differential Pressure Switches. Pressure switches shall have a repetitive accuracy of
±2% of range and withstand up to 150% of rated pressure. Sensors shall be diaphragm or
bourbon tube design. Switch operation shall be adjustable over the operating pressure range.
The switch shall have an application rated Form C, snap-acting, self-wiping contact of
platinum alloy, silver alloy, or gold plating. Switches shall be manufactured by Honeywell,
Johnson Controls, MCC Powers, Dwyer Instruments, or approved equivalent.
3.
High static limit switch. Switches shall be diaphragm operated with 3-1/2" diaphragm to
actuate a single pole double throw snap switch. Motion of the diaphragm shall be transmitted
to the switch button by means of a direct mechanical linkage. It should include a 1.4 – 5.5"
w.c. range pressure switch with manual reset snap switch. Dwyer 1900-5-MR or approved
equivalent.
4.
Static pressure sensor. Provide a differential pressure transmitter with a 4-20mA output to the
BMCS. It shall operate on the capacitance principle and be capable of sensing very low
positive, negative or differential pressures. In the capacitance cell, a lightweight pressures. In
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the capacitance cell, a lightweight diaphragm shall deflect a small amount when pressure is
applied. This deflection creates a change in capacitance, which is then detected and processed
electronically. Modus T-30 or approved equivalent.
a.
Accuracy: ±1% of range
b.
Ranges: 5.0"/12.5mbar
c.
Operating temp range: 32º to 125º F
d.
Operating humidity range: 20% to 90% rh non-condensing
C.
Flow Switches shall have a repetitive accuracy of ±1% of their operating range. Switch actuation shall
be adjustable over the operating flow range. Switches shall have snap-acting Form C contacts rated for
the specific electrical application.
D.
Flow Meter. Provide Onicon flow sensor FB-1210 that features an elongated sensor, nipple for
connection to a standard ball valve or gate valve type isolation valve to allow the nonmagnetic dual
turbine impeller type sensor to be installed into a pressurized pipe while the pipe is in service. Provide
analog transmitter to convert the flow to a 4-20mA signal. Data Industrial 225B, F-1200 Hot Tap or
approved equivalent.
E.
Watt-hour Transducers shall have an accuracy of ±0.25% for kW and kWh outputs from full lag to full
lead power factor. Input ranges for kW and kWh transducers shall be selectable without requiring the
changing of current or potential transformers, and shall have dry contact pulse accumulation.
F.
Voltage-to-Digital Alarm Relays shall monitor status of boiler or chiller safeties and overloads and shall
be sized and connected so as not to impede the function of the monitored contacts. Switch shall have
self-wiping, snap-acting Form C contacts rated for the application.
G.
Current Sensing Relays shall monitor status of motor loads. Switch shall have self-wiping, snap-acting
Form C contacts rated for the application. The set point of the contact operation shall be field
adjustable.
H.
Timed Local Override. Provide a push button momentary normally open switch. Flush mount cycle.
I.
Provide photocell with transmitter for 4-20mA output signal. Sensor shall be mounted in a waterproof
enclosure. Unit shall be calibrated for 4mA at greater than 100 foot-candles and 20mA at less than 0.1
foot-candles.
J.
Ebtron Gold Model GTX116 is also acceptable for any airflow measuring station or approved
alternative.
2.05
OUTPUT DEVICES
A.
Control Relay contacts shall be rated for 150% of the loading application, with self wiping, snap-acting
Form C contacts, enclosed in dust proof enclosure. Relays shall have silver cadmium contacts with a
minimum life span rating of one million operations. Relays shall be equipped with coil transient
suppression devices.
B.
Solid State Relays (SSR). Input/output isolation shall be greater than 10 billion ohms with a breakdown
voltage of 15 V root mean square, or greater, at 60 Hz. The contact operating life shall be 10 million
operations or greater. The ambient temperature range of SSRs shall be 20º F -140º F. Input impedance
shall be greater than 500 ohms. Relays shall be rated for the application. Operating and release time
shall be 10 milliseconds or less. Transient suppression shall be provided as an integral part of the
relays.
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C.
Miscellaneous. Provide and install all relays, switches, and all other necessary devices required for a
complete and satisfactory operating system.
D.
Dampers.
1.
Provide all control dampers as indicated. Leakage rating at shutoff shall not be less than 1% of
flow rate at 2000 fpm face velocity, with 4" w.c. pressure differential across damper.
Modulating dampers shall have linear flow output characteristics.
2.
Frame shall be galvanized steel, minimum 13 gage, channel shaped for adequate strength.
3.
Single blade up to maximum 8" wide; multiple blade, opposed-action for openings more than
8". Multi-blade damper shall use blades not more than 8" in width. Blade material shall be
galvanized steel, not less than 16 gage thickness, formed for extra strength. Provide
replaceable rubber or santoprene edge seal, with spring loaded stainless steel side seal.
4.
Hardware: corrosion resistant zinc plated steel or brass. Bearings shall be acetal or oilite. For
dampers mounted in ducts, provide extended shafts for externally mounted operators.
E.
Control damper operators.
1.
General: low voltage electric actuator. Provide necessary linkage for proper operations of
dampers. Belimo or approved equal.
2.
Two-position dampers: provide sufficient quantity of operators, with adequate torque, to run
damper through the full range of travel. Each section of the damper must completely close to
the maximum leakage rate specified for the damper.
3.
Modulating damper operators shall be sized with sufficient reserve power to provide smooth
modulating action. Actuator must be able to receive a 0-10 VDC control signal from the
BMCS.
F.
Automatic control valves.
1.
Pressure ratings: 125 psig or 1.25 times the maximum system operating pressure.
2.
2" and smaller:
a.
Screwed.
b.
Bodies and internal parts: bronze, stainless steel or other approved corrosion-resistant
metal.
3.
2-1/2" and larger.
a.
Flanged.
b.
Bodies: cast iron or cast steel.
c.
Seats and part exposed to fluid: bronze, stainless steel or other approved corrosion
resistant metal.
4.
Modulating straight through water valves: equal percentage contoured throttling plugs. Globe
valves only. Ball valves are not acceptable.
5.
Three-way valves: linear throttling plugs allowing total flow through valve to remain constant
regardless of position.
6.
Sizes by automatic control system manufacturer for fully modulating operation.
a.
Minimum pressure drop: equal to pressure drop of coil or exchanger.
b.
Maximum pressure drop: 5 psi.
c.
Relief and by-pass valves: sized according to pressure available.
d.
Two-position valves: line size unless otherwise noted.
e.
Butterfly valves: may be used in central plant for valves 4" and larger.
f.
Specific applications must be pre-approved by the Engineer.
2.06
DDC SOFTWARE OVERVIEW
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A.
2.07
A.
The system shall continuously perform Direct Digital Control (DDC) functions at the local control
module in a stand-alone mode. Using Graphical Programming, the operator shall be able to design and
modify control sequence of operation and all tuning parameters.
1.
Each control module shall perform the following °minimum functions:
a.
Identify, time/date stamp and report BACnet events
b.
Execute all application programs specified
c.
Execute DDC algorithms
d.
Trend and store data
2.
In the event of a control module failure, all points under its control shall be commanded to the
failure mode as indicated on the I/O Summary Table. All DDC software shall reside in the
respective control module.
a.
Power failures shall cause the control module to go into an orderly shutdown with no
loss of program memory.
b.
Upon resumption of power, the control module shall automatically restart and print
out the time and date of the power failure and restoration at the respective
Workstation system.
c.
The restart program shall automatically restart affected field equipment. The operator
shall be able to define an automatic power up time delay for each piece of equipment
under control.
APPLICATIONS SOFTWARE
All software application algorithms described below MUST reside at the local Multi-Application or
Single-Application Controller level. Systems that rely on a workstation PC, server or router to perform
these functions are NOT acceptable. The following applications software shall be provided for the
purpose of optimizing energy consumption while maintaining occupant comfort:
1.
Time of Day Scheduling (TOD). The system shall be capable of the following scheduling
features:
a.
Schedule by Type. Scheduling by building, area, zone, groups of zones, individually
controlled equipment and groups of individually controlled equipment. Each
schedule shall provide beginning and ending dates and times (hours: minutes). A
weekly repeating schedule, i.e. between 5:00 a.m. and 11:00 p.m., Monday through
Friday shall constitute one schedule.
b.
Schedule in Advance. Dated schedules shall be entered up to 9 (nine) years in
advance.
c.
Self-Deleting. Schedules shall be self-deleting when effective dates have passed.
d.
Leap Year. Leap years shall be adjusted automatically without operator intervention.
2.
Optimum Start/Stop (OSS)/Optimum Enable/Disable (OED). This application provides
software to start and stop equipment on a sliding schedule based on the individual zone
temperature and the heating/cooling capacity in °F/hour of the equipment serving that zone.
The heating/cooling capacity value shall be operator adjustable. Temperature compensated
peak demand limiting shall remain in effect during morning start up to avoid setting a demand
peak.
3.
Source Temperature Optimization (STO)
a.
The system shall automatically perform source optimization for all air handling units,
chillers and boilers in response to the needs of other downstream pieces of equipment,
by increasing or decreasing supply temperature set points, i.e. chilled water, discharge
air, etc. using owner defined parameters. In addition to optimization, the STO
capability shall also provide for starting and stopping primary mechanical equipment
based on zone occupancy and/or zone load conditions.
1)
Set point Reset. The STO program shall allow set points for various
equipment in the heating/cooling chain to be reset between an operator
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4.
5.
defined maximum and a minimum set point based on the actual requirements
of the building zones. The actual set point shall be calculated based on the
number of heating or cooling requests which are currently being received
from the equipment or zones served. Once every update period, the STO
program surveys the network to see if any piece of equipment requires any
additional heating or cooling from its source. As an example, a VAV air
handler is the source of cold air for a number of VAV boxes. Assume that
the STO program for the air handler has the following parameters
established for it by the Owner:
a)
Optimized set point description –
i.
Initial set point is 60.00,
ii.
Max. set point is 65.00,
iii.
Min. set point is 55.00.
b.
Every 2.0 mins, trim by 0.25 and respond by -0.50 but no more than 2.0.
1)
Every two minutes, the STO program will total up all of the requests and
calculate a new set point:
2)
New set point = prev set point + 'trim by' + ('respond by' x no. of req.).
Assuming four requests were received and the previous set point was 57.00
degrees, the new set point would be:
a)
New set point = 57.00 + 0.25 + (-0.50 x 4) = 55.25 Deg F
b)
If (the number of requests received) x (the 'respond by' value) > (the 'but no
more than' value), use the 'but no more than' value inside the parenthesis
in the above calculation.
Demand Limiting (DL) - Temperature Compensated
a.
The DL application shall be programmable for a minimum of six separate time of day
KW demand billing rate periods. The system shall be capable of measuring electrical
usage from multiple meters serving one building and each piece of equipment being
controlled on the LAN shall be programmable to respond to the peak demand
information from its respective meter.
1)
Sliding Window. The demand control function shall utilize a sliding
window method with the operator being able to establish the kilowatt
threshold for a minimum of three adjustable demand levels. The sliding
window interval shall be operator selectable in increments of one minute, up
to 60 minutes. Systems that incorporate rotating shed tables are NOT
acceptable.
2)
Set points for Defined Demand Level. The operator shall have the capability
to set the individual equipment temperature set points for each operator
defined demand level. Equipment shall not be shed if these reset set points
are not satisfied; rather the set point shall be revised for the different
established demand levels. The system shall have failed meter protection,
such that when a KW pulse is not received from the utility within an operator
adjustable time period, an alarm will be generated. The system software will
automatically default to a predetermined fail-safe shed level.
3)
Information Archiving. The system shall have the ability to archive demand
and usage information for use at a later time. System shall permit the
operator access to this information on a current day, month to date and a year
to date basis.
Day/Night Setback (DNS)
a.
The system shall allow the space temperature to drift down [up] within a preset
[adjustable] unoccupied temperature range. The heating [cooling] shall be activated
upon reaching either end of the DNS range and shall remain activated until the space
temperature returns to the DNS range.
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1)
6.
7.
Outside & Exhaust Air. The system shall be capable of closing all outside
air and exhaust air dampers during the unoccupied period, except for 100%
outside air units.
2)
Unoccupied Space Temperature. Unoccupied space temperature shall be
monitored by the DDC temperature sensors located in the individual zones
being controlled or within a representative room.
3)
Parameter Changes. Operator shall be able to define, modify or delete the
following parameters.
a)
DNS set point temperature(s)
b)
Temperature band for night heating operation
c)
Period when the DNS is to be activated
Timed Local Override (TLO)
a.
The system shall have TLO input points that permit the occupants to request an
override of equipment that has been scheduled OFF. The system shall turn the
equipment ON upon receiving a request from the local input device. Local input
devices shall be push button (momentary contact), wind-up timer, or ON/OFF
switches as detailed in the I/O summary.
1)
Equipment On Time. If a push button is used the system operator shall be
able to define the duration of equipment ON time per input pulse and the
total maximum ON time permitted. The input point will cancel override
time already entered. If a wind-up timer is used the equipment will stay in
override mode until the timer expires. Year to date, month-to-date and
current day override history shall be maintained for each TLO input point.
History data shall be accessible by the operator at any time and shall be
capable of being automatically stored on hard disk and/or printed on a daily
basis.
Space Temperature Control (STC)
a.
There shall be two space temperature set points, one for cooling and one for heating,
separated by a dead band. Only one of the two set points shall be operative at any
time. The cooling set point is operative if the actual space temperature has more
recently been equal to or greater than the cooling set point. The heating set point is
operative if the actual space temperature has more recently been equal to or less than
the heating set point. There are two modes of operation for the set points, one for the
occupied mode (example: heating = 72°F or 22°C, cooling = 76°F or 24.4°C) and one
for the unoccupied mode (example: heating = 55°F or 12.7°C, cooling = 90°F or
32°C).
1)
Schedule. The occupied/unoccupied modes may be scheduled by time, date,
or day of week.
2)
Color Code. One of seven colors shall be generated to represent the comfort
conditions in the space, and shall be displayed graphically at the operator
station.
a)
If the actual space temperature is in the dead band between the heating set
point and the cooling set point, the color displayed shall be green for the
occupied mode, representing ideal comfort conditions. If in the
unoccupied mode, the color displayed shall be gray representing 'afterhours' conditions.
b)
If the space temperature rises above the cooling set point, the color shall
change to yellow. Upon further rise beyond the cooling set point plus an
offset, the color shall change to orange. Upon further rise beyond the
cooling set point plus the yellow band offset, plus the orange band offset,
the color shall change to red indicating unacceptable high temperature
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b.
c.
d.
e.
f.
g.
conditions. At this point an alarm shall be generated to notify the
operator.
c)
When space temperature falls below the heating set point, the color shall
change to light blue. Upon further temperature decrease below the
heating set point minus an offset, the color shall change to dark blue.
Upon further space temperature decrease below the heating set point
minus the light blue band offset minus the dark blue band offset the color
shall change to red indicating unacceptable low temperature conditions.
At this point an alarm shall be generated to notify the operator.
Operator Definable. All set points and offsets shall be operator definable. When in
the occupied mode, start-up mode, or when heating or cooling during the night
setback unoccupied mode, a request shall be sent over the network to other equipment
in the HVAC chain, such as to an AHU fan that serves the space, to run for
ventilation. The operator shall be able to disable this request function if desired.
Additional Cooling. When comfort conditions are warmer than ideal, indicated by the
colors yellow, orange, and high temperature red, a request for additional cooling shall
be sent over the network to other cooling equipment in the HVAC chain, such as a
chiller. This information is to be used for optimization of equipment in the HVAC
chain. The operator shall be able to disable this function if desired.
Additional Heating. When comfort conditions are cooler than ideal; indicated by the
colors light blue, dark blue, and low temperature red; a request for additional heating
shall be sent over the network to other heating equipment in the HVAC chain, such as
a boiler. This information is to be used for optimization of equipment in the HVAC
chain. The operator shall be able to disable this function if desired.
Cooling/Heating Set points. The cooling [and heating] set points may be increased
[decreased] under demand control conditions to reduce the cooling (heating) load on
the building during the demand control period. Up to three levels of demand control
strategy shall be provided. The operator may predefine the amount of set point
increase [decrease] for each of the three levels. Each space temperature sensor in the
building may be programmed independently.
Optimum Start. An optimum start-up program transitions from the unoccupied set
points to the occupied set points. The optimum start-up algorithm considers the rate of
space temperature rise for heating and the rate of space temperature fall for cooling
under nominal outside temperature conditions; it also considers the outside
temperature; and the heat loss and gain coefficients of the space envelope (AI: Space
Temperature).
PID Loop. A PID control loop, comparing the actual space temperature to its set
point, shall modulate the dampers [and heating coil valve or heating stages in
sequence] to achieve the set point target.
PART 3 - EXECUTION
3.01
COORDINATION WITH OTHER SECTIONS
A.
Coordinate work to avoid interference with other trades. Location of control panels and other control
devices in Equipment Rooms shall not conflict with any other equipment.
B.
The Mechanical Contractor shall install all control valves, dampers, pressure taps, temperature sensing
wells and flow meters.
C.
The Electrical Contractor shall provide all power wiring to starters for operation in the hand position,
power wiring to DDC control panels and wiring associated with emergency shut-down switches.
DDC TEMPERATURE CONTROL
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3.02
A.
3.03
CONTROL AND INTERLOCK WIRING - DDC SYSTEM
The controls contractor shall furnish control and interlock wiring for the DDC System. All wiring shall
be installed in conduit except low energy wiring above lift out ceilings that may be plenum-rated cable,
if in accordance with local code. The wiring installation shall conform to the provisions of the electrical
section of these specifications, NEC and all applicable codes.
SOFTWARE IMPLEMENTATION
A.
Prepare and implement applications software as required to perform the Sequence of Operation.
B.
Include code for future implementation of temperature compensated duty cycling.
C.
Integrate application software for optimum START/STOP, Holiday Scheduling and Time-of-Day
Scheduling.
D.
Contractor shall furnish the most current revision of software and firmware.
3.04
TESTING
A.
After completion of installation and start-up procedures, commence the specified verification and
testing sequence, with system to perform for continuous one 30 calendar day month without single
failure leading to final acceptance. Follow in the order specified.
B.
Submit a written agenda describing in detail the procedure to be followed to meet the requirements for
each specific verification, test or demonstration.
C.
Provide a sample of the form on which the test will be reported.
1.
Identify project.
2.
Provide a list of all points.
a.
Identify point.
b.
Indicate data gathering panel that processes each point.
c.
Use the list as a basis for the specified report form.
3.
Record results.
4.
Description of adjustment or corrections of points in error.
5.
Date.
D.
Provide schedule of tests. Estimate dates of significant events. School Head of Maintenance shall be
present during all the tests.
3.05
A.
3.06
SYSTEM ACCEPTANCE
The Engineer and Owner will approve and accept the work of this section of the results of the testing
series.
INSTALLATION
A.
Install in accordance with manufacturer’s instructions.
B.
Check and verify location of room temperature sensors, humidistats and other exposed control sensors
with plans and room details before installation. Locate approximately 48 inches above floor to align
with light switches and other wall mounted devices. Align with lighting switches and thermostats.
DDC TEMPERATURE CONTROL
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C.
Mount freeze protection thermostats using flanges and element holders.
D.
Mount outdoor temperature transponders indoors, with sensing elements outdoors. Provide sun shield
for outside air sensors.
E.
Provide separable sockets for liquids and flanges for air bulb elements.
F.
Provide valves with position indicators.
G.
Provide separate outside air damper section with separate damper actuator and air flow monitoring
capability.
H.
Provide isolation (two position) dampers of parallel blade construction.
I.
Install damper motors on outside of duct in warm areas. Do not install motors in locations at outdoor
temperatures.
J.
Mount control cabinets adjacent to associated equipment on vibration free walls of free standing angle
iron supports. Provide a minimum of one cabinet per mechanical room and install where the Bacnet
Network Control Unit (NCU) cabinet is designated on the drawings. One cabinet may accommodate
more than one system in same equipment room. More than one cabinet may be required provide
sufficient space to accommodate all systems. Only one cabinet is shown on the drawing to simplify the
power and communication termination point for the HVAC controls. Provide engraved plastic
nameplates for instruments and controls inside cabinet and engraved plastic nameplates on cabinet face.
K.
The NCU cabinets shall be molded fiberglass with EMF/RFI shielding capable of an average of 60 dB
attenuation on all sides. Provide a cabinet that has a single hinge door and single through the door
lockable latch. Provide grounding as specified by the manufacturer to insure EMF/RFI shielding is
functional. Cabinet shall be equivalent to Stahlin, Control Enclosure Series.
L.
All NCU cabinets shall have a red plastic label with white engraved ½” lettering permanently affixed to
the front of the cabinet that reads as follows:
1.
CAUTION DO NOT OPEN EQUIPMENT CABINET WITH MECHANICAL ROOM DOOR
OPEN - DO NOT USE TRANSCEIVERS WITHIN 25 FEET OF MECHANICAL ROOM
M.
Install “hand/off/auto” selector switches to override automatic interlock controls when switch is in
“hand” position.
N.
Provide conduit and electrical wiring in accordance with electrical specification. Electrical material and
installation shall be in accordance with appropriate requirements of Division 16.
O.
Install all signal wiring from controller to controller to operator station (main bus) and control wiring in
mechanical rooms or other areas without ceilings in conduit. Low voltage wiring, where concealed
above ceilings, may be plenum rated cable without conduit, but must be neatly and securely attached to
hangers or other approved support devices.
P.
System EMI/RFI Compatibility: All active electronic devices and equipment supplied under this
specification shall be certified by an Independent Laboratory to conform to EN 1000-4-3, with test
levels of 3 V/m or greater.
Q.
Prior to substantial completion the contractor shall install all new graphics on every existing
workstation and laptop on campus. All graphics must be reviewed and accepted on a point by point
basis by the engineer and must in every way be compatible with the existing graphics formatting.
DDC TEMPERATURE CONTROL
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3.07
A.
SEQUENCE OF OPERATION
Refer to Specification Section 23 09 93 Sequence of Operation.
END OF SECTION
DDC TEMPERATURE CONTROL
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SECTION 23 09 93
SEQUENCE OF OPERATION
PART 1 - G E N E R A L
Not Used
PART 2 - P R O D U C T S
Not Used
PART 3 - E X E C U T I O N
3.01
CHILLER (CH-1 & 2)
A.
System consists of 2 air-cooled chillers located on grade level in the equipment yard. The chillers are
served by 2 constant volume pumps located in a mechanical room adjacent the chillers. There are two
variable volume secondary pumps connected to the Primary loop system with a decoupled piping
system. The decouple pipe or common pipe is located at the Secondary return pipe and the Primary
return pipe.
B.
Prior to enabling the chiller to run the chiller isolation valve shall be fully open, one of the Primary
pumps and one of the Secondary pumps must be operating, and the minimum flow rate of 202 gpm
through the chiller must be verified by chiller onboard controls or the flow meter installed in the piping.
If the flow is not verified to be greater than the minimum flow required, the chiller shall not operate and
an alarm shall be sent to the DDC operator.
C.
After minimum flow has been verified, the chiller shall operate to maintain the leaving water
temperature scheduled 44°F (adjustable). The secondary pump speed will modulate to maintain system
differential pressure for the terminal building piping system.
D.
The chiller shall not operate if chilled water temperature set point has been satisfied for more than 15
minutes (adjustable), but the chilled water pumps will continue to operate. If the chiller is shutdown for
satisfying the setpoint it will not restart for a period of 50 minutes (adjustable).
E.
If the chiller does not operate for 70 minutes (adjustable) and there is little to no rise in the return water
temperature above 50 F (adjustable) then the chilled water Primary pumps shall shutdown and the
chiller isolation valve will fully close. The Secondary Pumps will shut down for a minimum of 10
minutes (adjustable) prior to a call to restart the control system. Upon being enabled the chilled water
Secondary pump will start operation again as the initial part of the chiller start up sequence.
F.
The chiller will not restart after reaching set point and shutting down, unless the Secondary chilled
water return temperature is above 60º F (adjustable), is enabled to run by the control system and the
chiller delayed restart time (adjustable) has passed.
G.
Chiller freeze protection will consist of starting one of the chilled water Secondary pumps, at least two
Primary pumps, and opening both chiller isolation valves when the outside air temperature drops below
33°F (adjustable) if they are not already operating. The by-pass valve in terminal building (if there is
one) shall be opened to full open position if it is in a closed position. Send a chiller freeze protection
alarm to the DDC operator.
SEQUENCE OF OPERATION
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H.
A single chiller should be operating for all outside air temperatures less than 70°F (adjustable).
I.
The second chiller will be enabled for operation anytime a single chiller is already operational, the
outside air temperature is greater than 80°F (adjustable), and the single chiller operating is greater than
70% (adjustable) of its total loading capability.
J.
Staging down to one chiller shall occur when two chillers are operating and both chillers are less than
30% (adjustable) of their total loading capability and outside air temperature is decreasing.
K.
Prolonged chiller operation (prolonged is defined as 6 hours (adjustable) or more) of over 80%
(adjustable) capacity for one chiller should be avoided for efficiency reasons. The kw/ton value is
much higher at full load for one chiller than for two chillers operating at 50% capacity or less.
L.
Additionally if a single chiller is operating for more than 45 minutes (adjustable) below 20%
(adjustable) capacity, and the chilled water temperature set point has not been satisfied to disable the
chiller, the chiller shall be disabled and the chilled water pumps will continue to operate. The chiller
will not restart for a period of 50 minutes (adjustable). Items E and F will be followed after this type of
shutdown. This is intended to prevent excessive wear on the rotors at low load operation.
M.
Each temperature sensor and flow meter indicated on the drawing and the existing to remain shall be
viewable in a graphic display of the existing user interface of the chilled water system and the sensor
location in the chilled water piping system by the new control system even if it is not used in the
sequence above.
N.
If the secondary loop supply and return temperature differential is less than 4 degrees (adjustable) for
more than 15 minutes (adjustable), the outside air temperature is less than 75 degrees (adjustable), and
the chilled water temperature set point has not been satisfied to disable the chiller, the chiller shall be
disabled and the chilled water pumps will continue to operate. The chiller will not restart for a period
of 50 minutes (adjustable). Items E and F will be followed after this type of shutdown. This is intended
to prevent excessive wear on the rotors at low load operation. Send a low delta T alarm to the DDC
operator, non-critical.
O.
The control contractor should consider this sequence of operation to be the minimum sequence required
by this chiller system. The contractor should provide the most energy efficient sequence and
monitoring of this system that they and their company are capable of as industry professionals.
3.02
CHILLED WATER LOOP PUMPS (Secondary Pumps)
A.
Chilled Water Pump System - Run Conditions.
1.
The chilled water pumps shall be enabled whenever:
a.
A definable number of chilled water coils need cooling.
b.
AND the outside air temperature is greater than 50°F (adjustable).
2.
To prevent short cycling, the chilled water pump system shall run for and be off for minimum
adjustable times (both user definable).
3.
The pumps shall run for freeze protection anytime the outside air temperature is less than 33°F
(adjustable).
B.
Secondary Chilled Water Differential Pressure Control.
1.
The existing secondary chilled water pump controls will remain. This sequence is provided as a
go by in case it is necessary to change the secondary pump controls for unforeseen circumstances.
SEQUENCE OF OPERATION
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2.
3.
4.
5.
6.
Please note that there are two secondary pumps serving two separate and distinct secondary
loops. Both must operate independently based on the secondary loop demand that the pump
serves.
a.
The sequence is written around a singular pump loop, but applies to both pump loops
independently.
The controller shall measure chilled water differential pressure and modulate the chilled water
pump VFDs in sequence to maintain its chilled water differential pressure setpoint. The following
setpoints are recommended values. All setpoints shall be field adjusted during the startup and
balancing period to meet the requirements of actual field conditions.
The controller shall modulate chilled water pump speeds to maintain a chilled water differential
pressure (adjustable). The VFDs minimum speed shall not drop below 30% (adjustable). Once a
minimum speed of 30% has been reached and has not increased for a period of 20 minutes
(adjaustable) the pump shall be shut off, the VFD be put off-line, and the pumps allowed to
freewheel.
On dropping chilled water differential pressure, the VFDs will ramp up to maintain differential
setpoint.
Alarms shall be provided as follows:
a.
High Chilled Water Differential Pressure. If the chilled water differential pressure is 25%
(adjustable) greater than setpoint.
b.
Low Chilled Water Differential Pressure. If the chilled water differential pressure is 25%
(adjustable) less than setpoint.
END OF SECTION
SEQUENCE OF OPERATION
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SECTION 23 21 13
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Requirements for pipe and pipe fittings for all sections of Division 23 - HVAC, which employ pipe and
pipe fittings.
QUALITY ASSURANCE
A.
Employ welders qualified to perform welding operations required either by certifications or by
submitting to required tests.
B.
Welds shall be wirebrushed after completion, coated with rust inhibitor paint and, on galvanized pipes,
given two coats of cold-applied galvanizing compound and one coat of aluminum paint.
1.03
A.
SUBMITTALS
Submit manufacturer’s product data showing compliance with requirements of Part 2.
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
2.03
MANUFACTURERS
Acceptable manufacturers are specified with individual component type where applicable for this
section.
PIPE AND FITTINGS
The particular type of pipe and fittings for each system is specified in the section on that system.
JOINTS
A.
Screwed. Make screwed joints using machine-cut USASI taper pipe threads. Apply a suitable joint
compound to the male threads only. Ream the pipe to full inside diameter after cutting. All-thread
nipples are not permitted.
B.
Dissimilar Metals. Make joints between copper and steel pipe and equipment using dielectric insulating
unions such as Crane Company No. 1259; EPCO as manufactured by EPCO Sales, Inc.; or an approved
substitution.
C.
Solder Joints.
1.
Prior to making joints, cut pipe square and ream to full diameter. Clean exterior of pipe and
socket. Apply a thin coat of suitable fluxing compound to both pipe and socket, and fit parts
together immediately.
2.
Heat assembled joint only as required to cause the solder to flow. Run the joint full, slightly
beaded on the outside, and wipe to remove excess solder.
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
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Wharton I.S.D.
3.
4.
Use silver brazing alloy or Sil-Fos on refrigerant piping and on underground piping. Use 95.5
solder on all other nonpotable water piping. For potable water piping, use lead-free solder.
Joints in copper drainage tube shall be soldered using acceptable fittings. Surface to be soldered
shall be cleaned bright. The joints shall be properly fluxed and made with solder. Joints shall be
made with 50-50 tin-lead, 95-5 tin-antimony solder, Stay-Brite Solder by J. W. Harris Company,
Inc., or cadmium-free brazing.
D.
Welded. Welded joints shall be welded as set forth in the Standard Manual of Pipe Welding of the
Heating, Piping and Air Conditioning Contractors Association. Make welded joints as recommended
by the standards of the American Welding Society. Ensure complete penetration of deposited metal
with base metal. Provide filler metal suitable for use with base metal. Keep inside of fittings free from
globules of weld metal. Do not use mitered joints.
E.
Flanged.
1.
Prior to installation of bolts, accurately center and align flanged joints to prevent mechanical
prestressing of flanges, pipe and equipment. Align bolt holes to straddle the vertical, horizontal
or north-south centerline. Do not exceed 3/64 inch per foot inclination of the flange face from
true alignment.
2.
Use flat-face companion flanges only with flat-faced fittings, valves or equipment. Otherwise,
use raised-face flanges.
3.
Install proper gaskets, suitable for intended service and factory cut to proper dimensions. Secure
with a suitable gasket cement.
4.
Use ANSI nuts and bolts, galvanized or black to match flange material. Use ANSI 316 stainless
steel nuts and bolts underground outdoors or in wet locations. Tighten bolts progressively to
prevent unbalanced stress. Draw bolts tight to ensure proper seating of gaskets.
5.
Use carbon steel flanges conforming to ANSI B16.5 with materials conforming to ASTM A 105,
Grade II or ASTM A 108, Grade II. Use slip-on type flanges on pipe only. Use welding neck
type flanges on all fittings. Weld slip-on flanges inside and outside.
6.
Keep flange covers on equipment and shop-fabricated piping until ready to install in system.
F.
No Hub. Joints in cast iron soil pipe and fittings without hubs shall be made using a mechanical
compression-type coupling consisting of a neoprene collar, stainless steel band with transverse
corrugations and two corrosion-resisting steel clamps with corrosion-resisting steel set screws, all
assembled to provide seal. Install according to manufacturer’s recommendations, using recommended
tools.
G.
Mechanical Joints. Provide a stuffing box type mechanical joint adapted to use gasket, cast iron gland
and bolts. Coat bolts with bitumastic enamel. Use joint parts similar in design to one of the following
or approved substitution.
1.
Doublex Simplex Joint manufactured by the American Cast Iron Pipe Company, Birmingham,
Alabama.
2.
U.S. Joints manufactured by the United States Pipe and Foundry Company, Burlington, New
Jersey.
3.
Boltite Joint manufactured by the McWane Cast Iron Pipe Company, Birmingham, Alabama.
4.
Flexklamp manufactured by the National Cast Iron Pipe Company, Birmingham, Alabama.
H.
Compression Joints for Cast Iron Water Pipe. Use Beltite, Tyton or Grip-Tite compression joints.
Install in accordance with the manufacturer’s recommendations and with ASTM C 443. Use only with
pipe and fittings designed for compression gaskets. Provide adequate concrete thrust blocks at changes
of direction, as recommended by manufacturer.
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
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I.
Bell and Spigot. Pack joint with dry oakum. Run the joint full with molten lead in one continuous
pour. Use not less than 12 ounces of lead for each inch of pipe diameter. At Contractor’s option, use
double seal, neoprene compression joints.
J.
Ring-Tite Joints. Furnish joints for installation according to manufacturer’s recommendations. Provide
adequate concrete thrust blocks at changes in direction, as recommended by manufacturer.
K.
Plastic.
1.
With Schedule 80 or heavier, use threaded joints. Provide sharp, clean pipe dies and Teflon
thread tape. Make joints in strict accordance with manufacturer’s recommendation.
2.
With Schedule 40 or lighter, use solvent cement method in strict accordance with manufacturer’s
recommendations.
3.
Joints in ABS or PVC DWV plastic pipe shall be made with fittings either solvent welded or
fusion welded connections, insert fitting and metal clamps and screw of corrosion-resistant
material, or threaded joints according to accepted standards.
L.
Victaulic Joints. Make joint with victaulic Style 77 coupling fitted with a molded synthetic rubber
gasket per ASTM D 2000. Before assembling couplings, lightly coat pipe ends and outside of gaskets
with cup grease or liquid vegetable soap to facilitate installation. Groove pipe to manufacturer’s
specifications.
M.
Ball Joints. Where shown, provide flexible ball joints, made of carbon steel. Ball joints must have 15
degrees of angular flexibility. Use welded or flanged ends, as required. Furnish with 11N gaskets.
2.04
BRANCH CONNECTIONS
A.
For Pipe 2 Inches and Smaller. For threaded piping, use straight reducing tee. When branch is smaller
than header, a nipple and reducing coupling or swaged nipple may be used.
B.
For 2-1/2 Inches Through 36 Inches. For welding piping, when branch size is the same as header size,
use welding tee. Use Weldolet when branch is smaller than header. For threaded branch connections,
use 3000-pound full coupling welded to header.
2.05
A.
2.06
A.
2.07
A.
GASKETS
Other Piping (Chilled, Hot and Domestic Water Only). Provide 1/8-inch-thick ring gaskets of synthetic
fiber, Garlock Style 3400 or approved substitution.
FLOOR AND CEILING PLATES
Provide escutcheons on all exposed pipes passing through floors, walls, floors and ceiling. Material
shall be chrome-plated steel. Flange size shall be as necessary to cover penetrating openings. Plate size
shall be as necessary to fit pipe or insulation and securely lock in place. Manufacturer/model shall be
by Engineered Brass Company, Type CF, or approved substitution.
PIPE SUPPORTS
Provide standard Unistrut metal framing members and appurtenances for pipe support where shown.
Mult-A-Frame and Power-Strut pipe support systems also are acceptable. Hot-dip galvanize all such
members and appurtenances.
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
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2.08
A.
2.09
A.
2.10
A.
PIPE SLEEVES
Sleeves below grades in outside walls are detailed on drawings. Provide Thunderline Link-Seal with
cadmium-plated nuts and bolts, with cast iron pressure plate.
PIPE GUIDES
Provide ADSCO Model H pipe alignment guides for uninsulated pipe or for insulated hot lines.
Provide RS or RC spider as indicated or required. Use ADSCO Model E1 for cold insulated lines.
Provide ADSCO or approved substitution.
FIRESTOPPING
Voids between sleeves or core-drilled holes and pipe passing through fire rated assemblies shall be
firestopped to meet the requirements of ASTM E 814, in accordance with Section 07840, Firestopping.
Contractors shall provide proper sizing when providing sleeves or core-drilled holes to accommodate
their through-penetrating items.
PART 3 - E X E C U T I O N
3.01
PREPARATION
A.
Ream pipe and tube ends to remove burrs.
B.
Remove scale and dirt on inside and outside before assembly.
3.02
PIPE FABRICATION AND INSTALLATION
A.
Make piping layout and installation in the most advantageous manner possible with respect to
headroom, valve access, opening and equipment clearance, and clearance for other work. Give
particular attention to piping in the vicinity of equipment. Preserve the maximum access to various
equipment parts for maintenance.
B.
Do not cut or weaken any structural member.
C.
Cut all pipes accurately to measurement determined at the site. After cutting pipe, ream it to remove
burrs.
D.
Install piping neatly, free from unnecessary traps and pockets. Work into place without springing or
forcing. Use fittings to make all changes in direction. Field bending and mitering are prohibited. Make
all connections to equipment using flanged joints or unions. Make reducing connections with reducing
fittings only.
3.03
A.
WELDING
Weld and fabricate piping in accordance with ANSI Standard B31.1, latest edition, Code for Pressure
Piping by using a metallic arc welding process. Machine beveling in shop is preferred. Field beveling
may be done by flame cutting to recognized standards. Conform to the current recommendations of the
American Welding Society for all welding operations.
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
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B.
Align piping, fittings and equipment so that no part is offset more than 1/16 inch. Set all fittings and
joints square and true, and preserve alignment during welding operation. Use of alignment rods inside
pipe is prohibited.
C.
Do not permit any weld to project within the pipe in excess of 1/16 inch so as to restrict it. Tack welds,
if used, must be of the same material and made by the same procedure as the completed weld.
Otherwise, remove tack welds during welding operation.
D.
Do not split, bend, flatten or otherwise damage piping before, during or after installation.
E.
Remove dirt, scale and other foreign matter from inside piping before tying in sections, fittings, valves
or equipment.
F.
For the purposes of dispute resolution of a questionable welds. Nondestructive examination of welds
will be conducted at Owner’s direction using radiography. Acceptable welds will not display any
imperfections as indicated in Table 136.41 of Power Piping Code B31.1-1986. . If all welds are done
cleanly and skillfully testing should not be needed.
3.04
OFFSETS AND FITTINGS
A.
Because of the small scale of drawings, the indication of all offsets and fittings is not possible.
Carefully investigate the structural and finish conditions affecting the work and take such steps as may
be required to meet such conditions.
B.
Install all piping close to walls, ceilings and columns so piping will occupy the minimum space.
Provide proper space for covering and removal of pipe, special clearances, and for offsets and fittings.
3.05
A.
B.
SECURING AND SUPPORTING
Support piping adequately to maintain line and grade, with due provision for expansion and contraction.
Use hangers as scheduled below, properly connected to structural members of the building or exterior
pipe supports. All hangers and supports shall be in accordance with the American Standard Code for
Pressure Piping, ANSI B-31.
Pipe Size
Support Type
1/2″ to 1-1/2″
Adjustable Swivel Split Ring (Malleable Iron)
2″ to 4″ and Cold Pipe Sizes 6″ and Larger
Adjustable Steel Yoke, Cast Iron Roll, Double
Hanger or Structural Tee Slide equivalent to
Anvil Fig. 257 Type 6 with PTFE slide and end
plates welded to pipe and to the top of exterior
pipe support.
Hot Pipe Sizes 6″ and Larger
Adjustable Steel Yoke, Cast Iron Roll, Double
Hanger
Multiple or Trapeze Hangers
Steel Channels with Welded Spacers and Hanger
Rods; Cast Iron Roll and Stand for Hot Pipe
Sizes 6 Inches and Larger or Structural Tee Slide
equivalent to Anvil Fig. 257 Type 6 with PTFE
slide and end plates welded to pipe and welded
to the top of exterior pipe support.
Use copper hangers with copper pipe. As an alternate, tape copper pipe at all points contacting steel
hangers, structural members or sleeves. Use a dual wrap of polyvinyl tape.
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
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Wharton I.S.D.
C.
Place hangers or supports per MSS-SP-69 requirements or ANSI/ASME B31.1 Pressure Piping. A few
of the commonly used pipes sizes and recommended maximum spacing distances are indicated below.
Pipe Size
Max Distance
between Supports
1/2″-1 1/4"
2″
3”
4″
6”
8”
10”
12”
7 Feet
10 Feet
12 Feet
14 Feet
17 Feet
19 Feet
20 Feet
23 Feet
D.
Support vertical risers with steel strap pipe clamps of approved design and size, properly supported at
every floor. Support piping assemblies in chases adequately enough to be rigid and self-supporting
before the chase is closed. Provide adequate structural support for piping penetrating chase walls to
fixtures.
E.
Support piping from walls with welded steel bracket and wrought steel clamp. For hot pipes, furnish
adjustable steel yoke and cast-iron rollers.
F.
Where insulation occurs, design hangers to protect insulation from damage. Pipe saddles and insulation
shields, where required, are specified in the appropriate insulation section.
G.
Perforated bar hangers, straps, wires or chains are not permitted. Plastic support brackets as
manufactured by P & M Company may be used in accordance with the manufacturer’s
recommendations.
H.
Hanger rods shall be carbon steel with galvanized finish, sizes per the following schedule:
Pipe Size
Rod Size
≤ 2″
2″ < 3″
4″
6”
8”-12”
3/8″
1/2″
5/8″
3/4”
7/8”
I.
Install hangers and supports to allow controlled movement of piping systems, to permit freedom of
movement between pipe anchors, and to facilitate action of expansion joints and loops.
J.
Install hangers and supports so that piping live and dead loading stresses from movement will not be
transmitted to connected equipment.
3.06
A.
ANCHORS
Provide anchors as indicated or as noted on the drawings. All anchors shall be in accordance with the
American Standard Code for Pressure Piping, ANSI B-31. Use pipe anchors consisting of heavy steel
collars with lugs and bolts for clamping to pipe and attaching anchor braces. Install anchor braces in
the most effective manner to secure desired results. Do not install supports, anchors or similar devices
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
23 21 13 - 6
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Wharton I.S.D.
where they will damage construction during installation or because of the weight or the expansion of
the pipe.
3.07
PIPE SLEEVES
A.
Fit all pipes passing through masonry and concrete construction above grade with sleeves of 20- or
22-gauge galvanized steel pipe. Size sleeve for minimum clearance between pipe or insulation and
sleeve. Use galvanized or black steel pipe for passing through fire-rated enclosures.
B.
Extend each sleeve through the floor or wall. Cut the sleeve flush with each surface, except that in
exposed locations, extend floor sleeves 3 inches above finished floor line.
C.
Caulk all sleeves water and airtight. Seal annular space between pipes and sleeves with firestopping
compound.
3.08
PIPE GUIDES
A.
Guide expansion joints with two guides on the side opposite the anchor.
B.
Guide pipe installed and supported by Unistrut supports using a duplicate set of pipe rolls on the top of
the pipe.
C.
Guide piping in vertical chases at a maximum guide spacing of 15 feet.
D.
All guides shall be in accordance with the American Standard Code for Pressure Piping, ANSI B-31.
3.09
A.
3.10
A.
3.11
ISOLATION VALVES
Provide piping systems with line size shutoff valves located at the risers, at main branch connections to
mains for all equipment, and at other locations as indicated and required.
DRAIN VALVES
Install drain valves at all low points of water piping systems so that these systems can be entirely
drained. Install a 2-inch drain for 2-inch pipes and larger. Install a line size drain valve for pipes
smaller than 2 inches.
CLEANING OF PIPING SYSTEMS
A.
Clean piping systems thoroughly. Purge pipe of construction debris and contamination before placing
the systems in service. Provide whatever temporary connections are required for cleaning, purging and
circulating.
B.
Install temporary strainers in front of pumps, tanks, water still, solenoid valves, control valves, and
other equipment where permanent strainers are not indicated. Keep these strainers in service until the
equipment has been tested, then remove either entire strainer or straining element only. Fit strainers
with a line size blow off valve.
C.
Circulate a chemical cleaner in chilled water to remove mill scale, grease, oil and silt. Circulate Betz
Entec 323 detergent with Betz Entec 234 anti-foam compound in only the new piping and primary
piping system. Circulate for 48 hours, flush system and replace with clean water. Dispose of chemical
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
23 21 13 - 7
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Wharton I.S.D.
solution in accordance with local codes. The chilled water system should then be treated with Betz
Entec 338, nitride borate, 350 ppm as nitride with MBP inhibitor.
D.
Special cleaning requirements, if any, are specified in the sections on each type of piping.
END OF SECTION
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
23 21 13 - 8
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Wharton I.S.D.
COLOR CODE SCHEDULE
Code
F1
D1
D2
D3
D4
D5
D6
D7
D8
D9
S1
S2
S3
S4
S5
S6
S7
S8
S9
S10
S11
S12
S13
Piping System
Fire Mains
Oxygen Liner
Sodium Hypochlorite
Raw Polymer
Diluted Polymer
Natural Gas
Heating Water Supply
Heating Water Return
Domestic Hot Water Supply
Domestic Hot Water Return
Potable Water
Nonpotable Water
Instrument Air
Plant Air
Raw Sewage
Grit
Cyclone Return
Classifier Return
Heavy Solids
Return Sludge
Waste Sludge
Scum
Chilled Water Supply
Legend or Tag
Fire
Oxygen
Sodium Hypochlorite
Raw Polymer
Polymer
Gas
HWS
HWR
DOM-HWS
DOM-HWR
Potable Water
Nonpotable Water
Instrument Air
Plant Air
Raw Sewage
Grit
Cyclone Return
Classifier Return
Heavy Solids
Return Sludge
Waste Sludge
Scum
CWS
S14
Chilled Water Return
CWR
S15
S16
S17
S18
S19
S20
Condensing Water Supply
Condensing Water Return
Deionized Water
Vacuum
Sump Liner
Reseed Line
COND-WS
COND-WR
DW
V
Sump Return
Reseed Line
Color
Red
Orange
Yellow
Pink
Purple
Yellow
Pink
Pink
Lt. Pink
Lt. Pink
Blue
White
Green
Dk. Green
Gray
Dk. Gray
Gray
Gray
Dk. Brown
Brown
Yellow-Brown
Lt. Brown
Green
background White letters
Green
background White letters
Lt. Green
Lt. Green
Lt. Blue
White
Dk. Brown
Brown
HYDRONIC PIPE AND PIPE FITTINGS - GENERAL
23 21 13 - 9
05-08-15
Color No.
Fed. Std. No. 595
11105
12246
13655
11158
17142
13655
11158
11158
11668
11668
15102
17875
14187
14110
16473
16187
16473
16473
10080
10091
10266
10324
14325 or 34190
14325 or 34190
14533
14533
15526
17875
10080
10091
Wharton I.S.D.
SECTION 23 21 14
HVAC VALVES, STRAINERS AND VENTS - GENERAL
PART 1 - G E N E R A L
1.01
A.
SUMMARY
General requirements which apply to all applicable Division 23 sections.
PART 2 - P R O D U C T S
2.01
A.
2.02
VALVE DESIGN
Provide valves designed for repacking under pressure when fully opened, equipped with packing
suitable for intended service, equipped with gland followers, and having pressure/temperature rating not
less than design criteria applicable to components of system. Provide packing of molded non-asbestos.
Perform shell and seat tests and stamp valve to show that tests have been successfully completed.
Provide valves conforming to following specifications:
Material
Specifications
Bronze - 150 psi maximum
Bronze - 300 psi maximum
Cast Iron
Carbon Steel, Cast
Carbon Steel, Forged
ASTM B 62
ASTM B 61
ASTM A 126, Class B
ASTM A 216, Grade WCB
ASTM A 105, Grade II
VALVE OPERATORS
A.
Provide valve operator type indicated on the drawings.
B.
Chain Operator. Furnish chain wheel of cast iron or malleable iron and designed to provide positive
grip on wheel. Provide chain guide to prevent chain from slipping or jumping on wheel. Employ rustproof chain complete with closing link of sufficient length to operate at 6 feet 6 inches above floor
level.
C.
Motor Operator. Provide a electronically actuator sized for proper operation with maximum pressure
differential across valve. Furnish an operator complete with a manual override system for opening or
closing the valve. Located as indicated, for controlling operator. Provide an operator compatible with
the positioner devices specified under Controls and Instruments.
2.03
A.
VALVE TAGS
Furnish valves with 1-1/2-inch diameter brass valve tag with stamped and red-filled numbers. Service
designations shall be 1/4-inch letters, and valve numbers shall be 1/2-inch letters. Service designations
shall be approved by Engineer. Secure tags to valves by use of brass “S” hooks and brass chain. Secure
chain to valve by use of copper or monel meter seals. Mount charts and drawings listing functions of
each valve and its location in a metal frame and behind glass placed as directed. In addition on the
record drawings, mark the symbols and furnish a valve schedule properly identifying the valve number
and service with the exact location, the material being piped, and the room number of area that the
HVAC VALVES, STRAINERS AND VENTS - GENERAL
23 21 14 - 1
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Wharton I.S.D.
valve services. This schedule shall be furnished on reproducible drafting paper or film suitable for
reproduction on an Ozalid machine. The size of drafting paper shall be approved by the Owner.
2.04
A.
2.05
A.
STRAINERS
Unless specified or shown otherwise, provide strainers ahead of tanks, traps, pumps, solenoid and
control valves and other equipment indicated on drawings. Furnish “Y” or “T” pattern strainers.
Arrange cap for easy removal of screen and provide with opening for blowout. Provide strainer with
blowout nipple and plug valve of same size as blowout connection, and pipe to nearest floor or hub
drain.
WATER SYSTEM AIR VENTS
Use Bell & Gossett Model No. 97 or Watts Model FV-4M1 venting traps at high points and at any other
air pockets of closed circulating pipe systems. Automatic vents shall be rated for 150 psig. Extend
discharge drains to nearest floor or hub drain, or air handling unit condensate drain pan. Place a gate
valve between air vent and piping system.
PART 3 - E X E C U T I O N
3.01
INSTALLATION
A.
Install valves and stops in accessible locations; provide where shown or as required to make systems
complete and readily maintained.
B.
Provide valves at each piece of equipment to provide for isolation of the equipment from its connected
system.
END OF SECTION
HVAC VALVES, STRAINERS AND VENTS - GENERAL
23 21 14 - 2
05-08-15
Wharton I.S.D.
SECTION 23 21 16
HYDRONIC PIPING SPECIALTIES
PART 1 - G E N E R A L
1.01
A.
DESIGN CRITERIA
Provide hydronic piping specialties including, expansion tank, air separators and pump suction
diffusers. All tanks and air separators shall be constructed in accordance with ASME Code for Pressure
Vessels and clearly labeled as such.
PART 2 - P R O D U C T S
2.01
MANUFACTURED UNITS
A.
Fabricate tanks of welded, mild, open-hearth steel plate.
B.
Construct pressure tanks in accordance with the latest ASME code for Unfired Pressure Vessels and
furnish the ASME code stamp and nameplate.
C.
Provide each tank with the proper number, size, location and type of openings and connections as
shown or as otherwise required.
D.
Provide closed tanks 36 inches in diameter and less with a minimum 6-inch by 8-inch handhole.
Furnish larger tanks with a 12-inch by 18-inch manhole.
2.02
CAPTIVE AIR EXPANSION TANKS
A.
Provide captive air expansion tank with a replaceable bladder, flanged connections to replace bladder,
steel skirt for vertical mounting, rated at 125 psi working pressure and constructed per ASME Section
VIII. Provide gate valve and pressure gauge at remote air connection coupling to register air pressure
inside bladder chamber. Provide with tank drain valve.
B.
Shall be manufactured by Bell & Gossett, Armstrong Pumps, Mueller Steam Specialty, or Taco.
2.03
AIR SEPARATORS
A.
Furnish and install, as shown on plans, units constructed in accordance with ASME Boiler and Pressure
Vessel Code and stamped for 125 psig working pressure. The unit shall include tangential inlet and
outlet connections and internal perforated stainless steel air collector tube. Include a stainless steel
strainer with 3/16-inch perforations and a free area of not less than five times the cross-sectional area of
the connecting pipe.
B.
Shall be manufactured by Bell & Gossett, Armstrong Pumps, Mueller Steam Specialty, or Taco.
2.04
A.
PUMP SUCTION DIFFUSER
Provide diffuser on end-suction centrifugal pumps where shown on drawings, or where actual field
space limitation prohibits straight pipe section of five pipe diameters at the pump suction.
Hydronic Piping Specialties
23 21 16 - 1
05-08-15
Wharton I.S.D.
B.
Diffuser shall have a cast iron angle type rated for 175 psig {1200 kPa} at 250°F {121°C} with steel
and cast iron guide vanes, and removable primary and startup strainers. Primary strainer shall be
stainless steel with 3/16-inch {4.75mm} perforations and shall have a free area equal to five times
cross-sectional area of pump suction opening. Startup strainer shall be stainless steel, brass or bronze,
maximum 16 mesh. The body shall fit the pump and connecting pipe size, shall have provisions for
gauge tops and blow-down connection, and shall be provided with adjustable support foot to carry
weight of suction piping.
C.
Suction diffuser shall be manufactured by the same manufacturer as the pump.
PART 3 - E X E C U T I O N
3.01
INSTALLATION
A.
Install tanks in locations as shown on drawings. Connect in accordance with schematics and details and
test as indicated in piping specifications.
B.
Expansion tanks shall be checked for proper water level; adjust and set as required. Overall system fill
pressure or standing pressure with all pumps in the Off position should be less than 30.0 psig and
should be greater than 11.0 psig measured at the pump suction pressure gauge elevation. Typically fill
pressure is the building height divided by 2.31 plus 5 psig. The maximum operating pressure should be
less than 90 psig at the discharge of the Secondary pumps.
END OF SECTION
Hydronic Piping Specialties
23 21 16 - 2
05-08-15
Wharton I.S.D.
SECTION 23 21 17
HYDRONIC PUMPS
PART 1 - G E N E R A L
1.1
SUMMARY
Provide pumps with motor, coupling and appurtenances.
1.2
PUMP SELECTION
A.
Select pumps conservatively for scheduled conditions. Furnish pumps which have reasonably high
efficiencies, with peak efficiency at or near rated conditions. Design conditions shall not be selected to the right of
the maximum efficiency. Select pumps that will operate stably at 15-foot suction lift despite substantial reduction in
head or substantial increase in delivery.
B.
If the pumps proposed are not considered suitable, submit manufacturer’s data on other pumps, for review.
1.3
PUMP SIZE AND TYPE
Provide motor-driven pumps of the type and speed scheduled. Select pumps that are not overloaded throughout the
entire range of pump operation. Provide pump connection sizes as shown on drawings.
1.4
SUBMITTALS
Submit pump data sheet indicating seal types, pump casing pressure rating, motor horse power and pump curves
indicated best efficiency as well as scheduled duty point.
PART 2 - P R O D U C T S
2.1
MANUFACTURERS
Bell & Gossett, Aurora, Armstrong or approved substitution.
2.2
CENTRIFUGAL PUMPS
A.
Casing. Provide a cast iron, volute type, centrifugal pump with screwed or Class 125 ANSI flanged
connection and tapped openings for vent and drain, equipped with petcocks. Casing for pumps 3″ x 4″ and larger
must accommodate an impeller 15 percent greater in diameter than the impeller actually selected to meet specified
performance. Design casings to provide for complete removal of bearing, seals and impeller without disturbing
connection piping.
B.
Impeller. Furnish an enclosed, cast bronze impeller, keyed and locked to the shaft, statically and
hydraulically balanced.
C.
Wearing Rings. Provide bronze, renewable wearing rings on all pumps 1-1/2 inches and larger.
D.
Shaft. Furnish a stainless steel shaft, turned and ground to accurate dimension, of ample size to prevent
deflection and key slotted as required.
E.
Bearing. Provide antifriction type bearings, grease lubricated.
HYDRONIC PUMPS
23 21 17 - 1
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Wharton I.S.D.
F.
Mechanical Seals. Equip pumps with mechanical seals selected for intended service, taking into account
temperature and quality of water pumped, with special water lubrication provisions. Infernally self flushing
mechanical seals for chilled and heating hot water pumps.
G.
Equipment Pad. Contractor shall provide a equipment pad for pump base plate to be mounted and bolted to
see Specification Section 23 05 29.
H.
Couplings. Provide a flexible mechanical coupling rated for the full rated horsepower of the driving motor
at motor speed.
I.
ANSI/OSHA Coupling Guard Provide ANSI/OSHA Coupling Guard to prevent accentual contact of
rotating coupling with tools or personnel.
J.
Base Plates. Mount the pump assembly and the motor on a common rigid steel base fabricated and
arranged to ensure rigid and true alignment of pump and motor shafts.
1.
Provide a cast iron base where pump is located outdoors.
2.
Furnish base plate with drop pan having tapped drain opening.
3.
Use chilled water pumps with extended steel base big enough to receive all drip from suction and
discharge flanges.
K.
Motors. Motors shall be 1800 rpm, ODP (for indoor application), Baldor Electric Model Super E NEMA
Premium Efficiency or approved substitution. Refer to Section 23 05 13 for exact motor requirements, but
efficiencies shall be as stated below. If variable speed drive is to be utilized, then the motor shall be compatible with
the drive.
Motor HP
3
5
7-1/2
10
Full Load
Nominal Efficiency
3/4 Load
Efficiency
2/4 Load
Efficiency
88.5
89.5
91.0
91.0
88.8
89.5
91.0
91.0
87.5
89.2
90.8
90.8
B.
Timer Controller. Provide a programmable timer controller, suitable for 120/1/60 service, to turn the
circulating pump on and off automatically at preset times. Provide B&G Model TC-1 or approved substitution.
PART 3 - E X E C U T I O N
3.1
INSTALLATION
A.
Install according to manufacturer’s printed recommendations and pipe as shown on drawings.
B.
Grout steel or cast iron pump bases plate to concrete bases. Fill in all voids in base with concrete.
C.
Pumps shall have seals adjusted and bearings checked for proper operation.
END OF SECTION
HYDRONIC PUMPS
23 21 17 - 2
05-08-15
Wharton I.S.D.
SECTION 23 22 13.09
CHILLED WATER PIPING
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide chilled water piping, valves and appurtenances, including fittings, expansion joints and
strainers. Valves identified by class are defined cold working pressure (not ANSI).
SUBMITTALS
A.
Materials of construction.
B.
End seal certification.
C.
Field reports.
PART 2 - P R O D U C T S
2.01
ABOVE GROUND - FIELD INSULATED PIPE AND FITTINGS
A.
For Pipe 2 Inches and Less in Diameter. Provide pipe conforming to ASTM A 53, Grade A or B,
standard-weight seamless, or electric-resistance welded black steel pipe. Furnish Class 150 screwed
malleable iron fittings conforming with ANSI B16.3 for chilled water. Provide fittings conforming
with ANSI B16.4 for hot water. At Contractor’s option, provide ASTM B 88, hard-drawn, Type L
copper water tube with wrought copper fittings.
B.
For Pipe 2-1/2 Inches to 10 Inches in Diameter. Provide pipe meeting the requirements of ASTM A 53,
Grade A or B, standard-weight seamless or electric-resistance welded black steel pipe with standardweight seamless steel welding fittings, satisfying ASTM A 234, Grade WPA or WPB, ANSI B16.9.
2.02
EXPANSION JOINTS
A.
For Pipe 2 Inches and Smaller. Packless, dual length, high pressure type expansion joints.
B.
For Pipe 2-1/2 Inches in Diameter or Larger. Equalizing, packless expansion joints with stainless steel
elements, internal sleeve, external guide, limit stops and shroud.
C.
Expansion joints shall be equal to “Pathway X-Press” with drain connection at bottom and anchor
footing.
D.
Provide valve box over each expansion joint.
2.03
A.
EQUIPMENT DRAINS AND OVERFLOWS
Steel Pipe. ASTM A 53, Schedule 40 galvanized.
1.
Fittings: galvanized cast iron, or ASTM B 16.3 malleable iron.
2.
Joints: threaded.
CHILLED WATER PIPING
23 22 13.09 - 1
05-08-15
Wharton I.S.D.
2.04
A.
2.05
GATE VALVES
For Pipe 2 Inches in Diameter and Smaller. Use Class 150, screwed, inside screw, rising stem gate
valve, all bronze, with union bonnet and solid wedge disc. Furnish one of the following or approved
substitution:
Crane 431-UB
Milwaukee 1151
Jenkins 47-CUJ
Nibco T-134
Lunkenheimer 3151
Stockham B-120
BUTTERFLY VALVES FOR CHILLED WATER SYSTEMS (ONLY)
A.
For Pipe 2-1/2 Inches through 12 Inches in Diameter. Employ Class 150, full-flanged butterfly valve
with iron body, stainless steel stem, bronze disc conforming to ASTM B 148 Alloy 9-C (or ductile
954/955), with EPDM, neoprene or Buna-N seat. Provide lever-operated valves 6 inches and smaller.
Furnish valves 8 inches and larger with totally enclosed worm gear operators. Furnish valves with
motorized actuators with manual override, or enclosed traveling nut operators with chain wheel and
chain as shown in drawings. Use valves designed for drip-tight shutoff in dead end service against 150
psi (flange on the downstream side may not be necessary). Do not use butterfly valves in a hot water
system. Furnish one of the following or approved substitution:
DeZurik BRS-SIZE-L-1-CI-EPDM-EPDM-BZ-S4
Keystone Fig. AR2
Demco Series NE, NF or WF
Stockham LD-712/722
AMRI Series
B.
For 14-Inch Diameter Pipe and Larger. Employ Class 150, flat face, full-flanged butterfly valve with
iron body, 316 stainless steel stem, cast iron with stainless steel seating edge or Ni-Resist stainless steel
disc with Ni-Chrome edge, and synthetic rubber or Buna-N seat. Provide totally enclosed worm gear
operators for all valves. Provide valves with air cylinder operators with manual override, or enclosed
worm gear operators with chain wheel and chain as indicated on drawings. Provide valves designed for
drip tight shutoff in dead end service against 150 psi. Furnish one of the following or approved
substitution:
Grinnell Series 9000
Pratt 2F-11 or XR-70
Keystone Fig. 504
Stockham L-521
AMRI Series
2.06
BALL VALVES
A.
Valves shall be non-blowout stem design. Quarter turn of handle shall fully open or close valve.
Handle position shall indicate whether valve is open or closed. Handle stops shall be a permanent,
integral part of the body.
B.
Size 2 Inches {50mm} and Smaller. Valves shall be standard port, 2-piece construction with screwed
ends. Valves shall be designed for 400 psig {2760 kPa} WOG working pressure at 150°F {65°C}.
Valves shall have bronze or brass body, chromium plated or stainless steel ball, steel handle with vinyl
grip, and replaceable Teflon seats. Furnish one of the following or approved substitution:
Apollo 70-100
Marpac B780T
Crane 9102-B
Nibco T80
Jamesbury 300
Stockham S-214
Lunkenheimer 708HST
CHILLED WATER PIPING
23 22 13.09 - 2
05-08-15
Wharton I.S.D.
2.07
A.
STRAINERS
Furnish semisteel, Class 150 strainers conforming with ASTM A 126, Class B, screwed, 20-mesh
screen opening through 2 inches. Provide flanged 0.045 perforations through 3 inches, 0.125
perforations through 16 inches and 0.250 perforations above 16 inches.
PART 3 - E X E C U T I O N
3.01
A.
3.02
A.
INSTALLATION
Aboveground Piping. Install in accordance with plans and Section 23 21 13, Hydronic Pipe and Pipe
Fittings - General.
TESTING
Apply a hydraulic pressure 1-1/2 times the operating pressure, 130 psig minimum and 150 psig
maximum, and carefully check for leaks. Repair all leaks and retest the system until proved airtight.
END OF SECTION
CHILLED WATER PIPING
23 22 13.09 - 3
05-08-15
Wharton I.S.D.
SECTION 23 34 00
FANS
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide fans with all supplemental equipment. This specification is for the SF-1 & 2 in the library used
for Outside Air supply fans to the ceiling cassette fan coil units.
PERFORMANCE
A.
Provide fan type, arrangement, rotation, capacity, size, motor horsepower, and motor voltage as shown.
Fan capacities and characteristics are scheduled on the drawings.
B.
Rate fans according to appropriate Air Moving and Conditioning Association, Inc. (AMCA), approved
test codes and procedures. Supply fans with sound ratings below the maximums permitted by AMCA
standards. All fans provided must be licensed to bear the Certified Ratings Seal.
C.
Statically and dynamically balance all fans.
PART 2 - P R O D U C T S
2.01
PROTECTIVE COATINGS
A.
Manufacturer’s Standard. Apply to all fans, motors and accessories, the manufacturer’s standard prime
coat and finish, except on aluminum surfaces or where special coatings are required.
B.
Galvanizing. After fabrication of the parts, hot-dip coat all surfaces which require galvanizing. Where
galvanizing is specified, a zinc coating may be used. After fabrication, apply the zinc coating and airdry the coating to 95 percent pure zinc. Acceptable zinc coatings include Zincilate, Sealube, Amercoat,
Diametcoat, or an approved substitution.
2.02
IN-LINE CENTRIFUGAL FANS
A.
Provide in-line fans duct mounted with centrifugal direct drive type fan. The fan housing shall be
constructed of galvanized steel. The polypropylene duct collar shall be 6 inch and shall include a
backdraft damper. The access for wiring shall be external. The motor shall be mounted on vibration
isolators.
B.
Provide drive type indicated on the drawing.
2.03
INSTALLATION
A.
Install fans according to the manufacturer’s written instructions and in the locations shown on the
drawings.
B.
Provide manufacturer’s vibration isolation kit whenever possible.
Fans
233400 - 1
05-08-15
Wharton I.S.D.
END OF SECTION
Fans
233400 - 2
05-08-15
Wharton I.S.D.
SECTION 23 64 27
AIR-COOLED SCREW CHILLER
PART 1 - G E N E R A L
1.01
SUMMARY
A.
This specification was initially intended for the pre-purchase of the air cooled chiller for Wharton High
School by Wharton Independent School District. The owner has pre-purchased the chillers to be
delivered to the contractor. We are providing this specification as additional information only, but
portions of the execution section shall still apply.
1.
Contractor to take note of instructions concerning large chiller slab construction.
B.
Owner to provide air-cooled liquid chiller with dual helical rotary-type screw compressors, minimum
capacity of 142 tons with a 44°F leaving water temperature and a 95°F ambient temperature, including
electric motor-driven compressor, purge system, electronic expansion valve, control system and starter.
C.
Unit shall have two completely independent refrigeration circuits. Unit panels, control boxes and
structural elements shall be constructed of heavy gauge galvanized steel and mounted on a welded steel
structural base.
D.
All parts shall be weatherproofed. Control boxes, unit panels and structural elements shall be finished
with baked-on powder paint, and the structural base with an air-dry paint. Coatings or paint shall
withstand 500 hours in salt-spray test per ASTM B 117. Insulate chiller vessel, suction elbows, motor
and all cold components to prevent condensation.
E.
Provide complete refrigerant and oil charge. Unit shall use R-134A refrigerant.
1.02
TECHNICAL SUPPORT AND START-UP SERVICES
A.
The manufacturer shall furnish service representatives for a minimum period of 5 days for each unit to
provide complete start-up services including, but not limited to, charging and start-up of the chiller.
B.
The manufacturer shall certify in a written report to the Owner’s Representative that the units are
installed in accordance with the manufacturer’s written installation instructions and that the installation
complies with all requirements of the manufacturer’s warranty.
C.
The manufacturer shall provide 2 days of operating, troubleshooting, adjustment and maintenance
classroom instructions to the Owner’s operating and maintenance personnel. This 2 day period is
considered 16 hours of the total 40 hours indicated in Section 23 05 00 Mechanical General Provisions.
1.03
SUBMITTALS
A.
Equipment Data. Include written descriptions, drawings and brochures in sufficient detail and scope to
verify compliance with the requirements of the specifications including sequences of operation for startup, operation and shutdown.
B.
Performance Data. Include performance and energy consumption at design conditions and at part load
operation at 25, 50, 75 and 100 percent loads with leaving chilled water temperature at AHRI condition
and at design condition of 44°F leaving water temperature with 95°F condenser.
AIR-COOLED ROTARY SCREW CHILLER
23 64 27 - 1
05-08-15
Wharton I.S.D.
C.
Control and power wiring diagrams.
D.
Assembly and fabrication drawings.
E.
Equipment foundation data and drawings.
F.
Installation requirements.
G.
Recommended spare parts including pricing, quantities and part number.
H.
Operation and maintenance manuals including recommended procedures and frequencies for preventive
maintenance, inspection, solution sampling, adjustment and lubrication, troubleshooting, checkout and
repair. Complete power and control wiring diagrams shall be included.
1.04
QUALITY ASSURANCE
A.
AHRI Certification: Certify chiller according to AHRI 550 and AHRI 590 certification programs
B.
AHRI Rating: Rate chiller performance according to requirements in AHRI 550/590
C.
ASHRAE Compliance:
1.
ASHRAE 15 and 34 for safety code for mechanical refrigeration
2.
ASHRAE 147 for refrigerant leaks, recovery and handling and storage requirements.
3.
ASHRAE 90.1 for energy standard compliance.
D.
Comply with NFPA 70
E.
ASME Compliance: Fabricate and label chiller to comply with ASME Boiler and Pressure Vessel
Code: Section VII, Division 1 and include ASME U-Stamp and nameplate certifying compliance.
1.05
PERFORMANCE CRITERIA
A.
Provide units rated in accordance with latest version of ARI Standard 550 with the minimum capacity
and operating characteristics as scheduled.
B.
Provide units capable of operating at variable chilled water flows from 3.4 fps to 10 fps.
1.06
PROTECTION DURING SHIPMENT AND STORAGE
A.
All equipment and accessories shall be suitably boxed, crated, and protected internally and externally as
required to prevent damage.
B.
The Owner shall be responsible for all storage of the chiller equipment until such time that the
contractor is ready to receive and install the chiller.
C.
Contractor and Owner shall review the condition of the chillers at time of delivery documenting any
damage or tears in packaging. This process should be repeated when the hand-off from the Owner to
the Contractor to document any damage that may have occurred during the storage time period.
1.
Documentation at a minimum shall consist of photographs and a written summary of any
noticeable damage to packaging or equipment.
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1.07
EXTENDED WARRANTY
A.
The water chilling units shall be guaranteed to produce, as a minimum, the tonnage at, as a maximum,
the power consumption rates scheduled. Performance of the chilling unit shall be certified in
accordance with latest version of ARI 550.
B.
The manufacturer shall warranty the chiller against defects in materials or workmanship for a period of
2 years from beneficial use by Owner. The manufacturer shall provide parts and labor to replace any
part defective in material or workmanship within the warranty period. The manufacturer shall be
responsible for all service and maintenance required to maintain the equipment warranty.
PART 2 - P R O D U C T S
2.01
MANUFACTURERS
A.
Electric-drive, air-cooled rotary screw chillers as manufactured by Trane, Carrier, York or approved
equivalent are acceptable, providing they meet or exceed all requirements of these specifications.
B.
The design reference product is Trane 140 nominal tons with a model number of
RTAC 140 4 U XX A U A F Q N 1 T X 1 C D B B A 6 T A 1 1 C S 0 E X N, for the convenience of all
readers we have included a redlined version of this model number to define each of the options
required.
C.
The chiller maximum over current protection (MOCP) required upstream external to the chiller shall be
400 ampere or less, as this is the existing electrical service of the existing chillers.
2.02
A.
2.03
A.
COMPONENTS
This specification includes, but is not limited to, the furnishing and installation of the following
components and work items for the chiller:
1.
Evaporator.
2.
Compressor and motor.
3.
Motor starter.
4.
Controls, instruments and control panel.
5.
Oil separation/lubrication system.
6.
All interconnecting refrigerant and lubricating piping, including valves and fittings.
7.
Condenser and fans.
8.
Dual refrigerant circuits.
9.
Power panel.
EVAPORATORS
The evaporator shall be of the shell and finned tube type, designed, constructed, tested and stamped in
accordance with ASME Code for Unfired Pressure Vessels, as applicable. Each tube shall be
individually replaceable with tube ends rolled into tube sheets. Unit shall be built for a working
pressure on the refrigerant side suitable for the refrigerant used, and for 150 psi on the water side.
Provide safety relief valve with discharge piped to a safe point for water and refrigerant systems.
Insulate with 1-1/4-inch thick flexible elastomeric closed cell insulation K=0.28 maximum, sealed on
outside surface with vinyl lacquer finish. Provide heat tape with thermostat to protect the evaporator
from freezing at ambient temperatures down to -20°F. Provide water drain connection, vent and fittings
for factory installed sensors.
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2.04
A.
2.05
A.
2.06
COMPRESSOR AND MOTOR
Provide dual helical rotary screw type compressors, driven by a squirrel cage refrigerant cooled motor.
Motor shall have electronic overheating protection and a power factor of 0.9 or greater. Statically and
dynamically balance all rotating parts. Provide a forced-feed lubrication system with oil sump, oil
charging valve, hermetically sealed motor driven pump, oil filter, thermostatically controlled heater and
crankcase heater. Automatic capacity control system to provide continuously variable capacity from 15
to 100 percent including automatic stop when load falls below 15 percent and automatic restarting.
REFRIGERANT
The chiller shall use R-134A refrigerant.
LUBRICATION SYSTEM
A.
Provide a forced-lubrication system including an oil pump, a hermetically sealed motor pump, cooler
and heater. Oil cooler shall be refrigerant cooled.
B.
The lubrication system must furnish a positive supply of oil to all bearings, even during power failure
shutdown.
2.07
CONTROL PANEL
A.
The control panel shall be factory mounted, wired and tested. The controls shall be microprocessor
based. Information available on the control panel display includes:
1.
Chilled water entering and leaving temperatures.
2.
Refrigerant pressures/temperatures (each circuit).
3.
Oil pressure.
4.
Oil temperature.
5.
Operating hours (each circuit).
6.
Number of compressor starts (each circuit).
7.
Any alarm or shutdown condition.
8.
Ambient temperature.
9.
Chilled water set point.
10. Percent motor current (each circuit).
11. Evaporator saturation temperatures.
12. Compressor discharge temperature.
B.
The controls shall provide:
1.
Automatic control for meeting system cooling requirements.
2.
Safety control for personnel and equipment protection.
C.
Flow proof shall be provided using a flow switch for the evaporator. Flow switches shall be furnished
by the manufacturer for installation by the Contractor.
D.
Temperature elements shall be installed in the water nozzles and wired to control panel as part of chiller
package.
E.
The controls shall be capable of receiving a remote start/stop signal in the form of a dry contact closure.
F.
The controls shall provide dry contact closure for:
1.
Remote indication of chiller status.
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2.
G.
2.08
Remote indication of an alarm/shutdown condition.
The existing control system is Schneider Electric Controls. The chiller controls should be compatible
with Schneider Electric Controls and BacNet.
MOTOR STARTERS
A.
Furnish the unit with a unit-mounted starter of the star-delta, closed transition type. For each starter
provide a current transformer to signal the control center for current limiting control. Provide for
simultaneous indication or place three ammeters (one for each phase) in the door of the starter panel.
Provide for simultaneous indication or place three voltmeters (one for each phase) in the door of the
starter panel. Use 3-leg overload protection and other features required by the control system. Provide
across-the-line oil pump starters, where required. Include starter-mounted control power transformers
required to operate all auxiliaries.
B.
Provide a 460-volt, 3-phase power line monitor to detect loss of phase and phase unbalance. Unbalance
sensitivity to be 3 to 4.5 percent. Time delay to be 4 to 4.5 seconds. Output contact rating to be 10
amperes, 120 volts AC. Connect monitor to the load side terminals of the incoming power
disconnecting device for the motor controller. Connect the output contact in the control circuit to
de-energize the controller on loss of phase or phase unbalance. Monitor shall be General Equipment
and Manufacturing Company GO Tronic Model 54 or equivalent.
2.09
A.
2.10
A.
2.11
A.
2.12
A.
2.13
A.
CONDENSER/FANS
Condenser coils shall have aluminum fins mechanically bonded to internally finned seamless copper
tubing. The condenser coil shall have an integral sub-cooling circuit and provide oil cooling for the
compressor bearing and injection oil. The condenser shall be factory leak tested at 500 psig. The
condenser fans shall be vertical discharge direct drive type, with 3-phase motors, permanently
lubricated ball bearings and internal thermal overload protection. Fan assembly shall be statically and
dynamically balanced, constructed of zinc-coated steel. Provide fan and coil guards.
INSULATION
Manufacturer shall furnish insulation for field installation. Insulation shall be furnished for surfaces
subject to condensation with minimum 1-1/2-inch thick Armstrong Armaflex.
ISOLATION MOUNTING
Manufacturer shall furnish seismic spring isolator for installation by the Contractor.
DUAL REFRIGERANT CIRCUITS
The unit shall have two independent refrigerant circuits with minimum of one compressor per circuit.
Each refrigerant circuit includes a compressor suction and discharge service valve, liquid line shutoff
valve, removable core filter drier, liquid line sight glass with moisture indicator, charging port and an
electronic expansion valve. Fully modulating compressors and electronic expansion valves shall
provide variable capacity modulation over entire range of operation.
POWER PANEL
The unit shall have a single-point power supply consisting of a terminal block and interconnecting
wiring to compressors. A unit-mounted circuit breaker and an external lockable handle shall be
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provided to isolate power voltage for servicing. The unit shall have a unit-mounted control power
transformer including primary and secondary wiring between transformer and control panel.
PART 3 - E X E C U T I O N
3.01
INSTALLATION
A.
Install unit and insulation in accordance with manufacturer’s written instructions.
B.
Contractor to provide concrete slab per size and drawing requirements to place the chillers. Slab to
slope to drain away from building. Concrete slab is intended to adjoin the existing chiller room
concrete slab with a fiber expansion pad (minimum ½”) in between the two slabs to allow the two slabs
to move independently. Chillers will not have a concrete housekeeping pad.
C.
Concrete housekeeping pad is not required for the chillers. Chillers will be mounted on spring isolators
provided by the manufacturer. Spring isolators should have neoprene pads between the isolator and the
concrete. If spring isolators do not have this the contractor shall provide minimum 3/8” thick neoprene
pad under each spring isolator to prevent metal to concrete contact. Provide shims under each neoprene
pad as needed to level chiller.
3.02
A.
3.03
REFRIGERANT AND OIL
Install the necessary charge of refrigerant and oil to operate the unit satisfactorily.
START-UP AND TRAINING
A.
A factory-trained service technician is required for 5 working days for each chiller. The technician
shall adjust and start the chillers.
B.
The factory-trained service technician shall provide operating and maintenance instructions for a period
of 2 days to designated personnel on operation and maintenance. This 2 day period is considered 16
hours of the total 40 hours indicated in Section 23 05 00 Mechanical General Provisions.
3.04
REPORTING
A.
Manufacturer shall provide a written report that the unit is installed according to the manufacturer’s
written instructions and that the installation complies with all requirements of the manufacturer’s
warranty.
B.
Contactor shall demonstrate to Owner personnel via the DDC system operation of the chillers and
pumps with the pump room control panel.
END OF SECTION
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SECTION 23 81 43
AIR CONDITIONER - HEAT PUMP SYSTEMS
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide heat pump air conditioner systems including fan coil split-systems and controls.
REFERENCES
A.
ARI 210/240-94 - Unitary Air-Conditioning and Air-Source Heat Pump Equipment.
B.
ARI 340/360-00 - Commercial and Industrial Unitary Air-Conditioning and Heat Pump Equipment.
C.
ARI 350-00 - Sound Rating of Non-ducted Indoor Air-Conditioning Equipment.
D.
ARI 310/380-93 - Packaged Terminal Air-Conditioners and Heat Pumps.
E.
ANSI/NFPA 90A - Installation of Air Conditioning and Ventilation Systems.
1.03
A.
1.04
A.
1.05
A.
PERFORMANCE
Performance criteria are scheduled on drawings. Must meet current ASHRAE 90.1 minimum
requirements.
SUBMITTALS
Submit product data and installation instructions.
EXTENDED WARRANTY
Provide 5-year manufacturer’s written warranty for compressor.
PART 2 - P R O D U C T S
2.01
A.
2.02
MANUFACTURER
Dakin, Samsung or LG.
SPLIT-SYSTEM HEAT PUMP OUTDOOR UNITS
A.
Unit casing shall be constructed of heavy-gauge galvanized steel and painted with a weather-resistant
baked enamel finish.
B.
The outdoor heat pump unit shall have a single refrigerant circuit with a filter dryer.
C.
The compressor shall be hermetic with a crankcase heater. The compressors shall be equipped with
over-temperature and over-current controls and high and low pressure protection.
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D.
Provide horizontal discharge, statically and dynamically balanced, direct-drive condenser fans with
aluminum blades and steel hubs. The motor shall have permanently lubricated bearings with built-in
current and thermal overload protection.
E.
The outdoor coil shall be constructed of aluminum plate fins mechanically bonded to copper tubes.
F.
Provide 24-volt control circuit including control power transformer. The unit shall be wired complete
with magnetic contactors for the compressor overload protection, internal pressure relief and low
pressure cutouts.
G.
Provide an outdoor coil defrost control system to prevent frost accumulation during heating cycle.
2.03
SPLIT-SYSTEM FAN COIL INDOOR UNITS – CEILING CASSETTES
A.
Provide ceiling cassette type fan coil unit for overhead installation in lay in ceiling.
B.
Provide units complete with coils, motors and drives.
C.
Furnish insulated cabinets which are corrosion-resistant.
D.
Unit shall have modulating supply dampers and a center filtered return.
E.
Provide motors of the permanent, split capacitor type wired for multiple speeds.
F.
Control the motors with easily accessible, multispeed switches located within the fan coil unit housing.
G.
Provide built-in thermal overload protection.
H.
Provide heavy-duty, rust-inhibited drain pans extending under coils, valves and pipe connection
assembly within units that might sweat. Unit to have built in Condensate pumps.
2.04
INDOOR THERMOSTAT
A.
Provide 7 day programmable controller equivalent to LG Model PQRCVSLOQW (the white one) as
indicated on drawings. To be installed approximately where shown on drawings indicate with ADA
constraints in mind, mount at 48” AFF.
B.
At a minimum the thermostat shall be capable of:
1.
7 day programmable setpoints
2.
Two schedule setpoints per day or 14 setpoints per week.
3.
Power failure compensation up to 3 hours, battery backup.
4.
Fan speed selection.
5.
Air flow distribution.
6.
Child lock.
PART 3 - E X E C U T I O N
3.01
A.
INSTALLATION
General. Install equipment and components in a manner to ensure proper and sequential operation of
the equipment and equipment controls. Installation of equipment not covered herein or in
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manufacturers’ instructions shall be installed as recommended by manufacturers’ representatives.
Provide proper foundations for mounting equipment, accessories, appurtenances, piping and controls
including, but not limited to, supports, vibration isolators, stands, guides, anchors, clamps and brackets.
Foundations for equipment shall conform to equipment manufacturer’s recommendation, unless
otherwise indicated on drawings. Set anchor bolts and sleeves accurately using properly constructed
templates. Anchor bolts shall be of adequate length and provided with welded-on plates on the head
end embedded in the concrete. Level equipment bases, using jacks or steel wedges, and neatly grout-in
with a nonshrinking type of grouting mortar. Locate equipment to allow working space for all
necessary servicing such as replacing compressor, replacing or adjusting drives, motors or shaft seals,
tube cleaning or replacement, access to automatic controls, refrigerant charging, lubrication, oil
draining and working clearance under overhead lines. Provide electric isolation between dissimilar
metals for the purpose of minimizing galvanic corrosion.
3.02
FIELD TEST
A.
General. Equipment and materials certified as having been successfully tested by the manufacturer in
accordance with referenced specifications and standards will not require retesting before installation.
Equipment and materials not tested at the place of manufacture shall be tested before or after
installation, as applicable, where necessary to determine compliance with referenced specifications and
standards.
B.
Leak Testing. Upon completion of installation of the air conditioning equipment, test all factory- and
field-installed refrigerant piping with an electronic type leak detector to acquire a leak-tight refrigerant
system. The type of refrigerant to be used in the system shall be used for leak testing. If nitrogen is
used to boost the system pressure for testing, ensure that it is completely eliminated from the system
before charging. The minimum refrigerant leak field test pressure shall be as specified in ASHRAE 15,
except that the test pressure shall not exceed 150 psig on hermetic compressors unless otherwise
specified as a low side test pressure on the equipment nameplate. If leaks are detected at time of
installation or during the guarantee period, remove the entire refrigerant charge from the system, correct
the leaks, and retest the system. Take precautions to preserve the cleanliness of the system and to
prevent scale and acid formation during repair of leaks.
C.
Evacuation and Charging. After field-charged refrigerant system is found to be without leaks, or after
leaks have been found and repaired on either field-charged or factory-charged systems, evacuate the
system in accordance with the equipment manufacturer’s printed instructions. The hermetic compressor
in the system being installed shall not be used to evacuate the system. Evacuation shall be done from
both sides of the system simultaneously and with the largest diameter connecting tubing that is possible
or practical. Charge the system in accordance with the equipment manufacturer’s printed
recommendations. Ensure proper procedures are observed for purging all charging lines of air before
admitting refrigerant to the system.
D.
Startup and Initial Operation Tests. Follow the manufacturer’s startup and initial operation procedures
and place the system under all modes of operation to ensure that it is functioning correctly. Adjust
safety and automatic control instruments as necessary to ensure proper operation and sequence. Record
manufacturer’s recommended readings hourly. Initial operation period shall be not less than 8 hours.
END OF SECTION
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SECTION 26 05 00
COMMON WORK RESULTS FOR ELECTRICAL
PART 1 - G E N E R A L
1.01
GENERAL
A.
Provide complete and functioning electrical systems as required by the Contract Documents.
B.
Applicable provisions of this Section apply to all Sections of Division 26, Electrical.
C.
Demolition.
1.
Unless otherwise noted, remove all electrical materials and equipment from areas indicated for
demolition.
2.
Remove unused conduit to the extent necessary to accommodate new work and where conduit is
visible above the floor line. Unused conduit which is concealed, or which does not interfere with
the work, may remain in place. Seal abandoned conduit that remain in place behind walls or in
floor slabs. Remove wiring from abandoned conduit.
3.
Materials and equipment to be removed, except items specifically noted in the drawings to be
relocated or determined to be salvageable by the Owner, become the property of the Contractor
and must be immediately removed from the project site.
4.
Electrical services and controls to items being removed must be disconnected and removed as a
requirement of this section.
5.
Removal of any equipment must not interfere with existing operations.
1.02
A.
1.03
QUALITY ASSURANCE
An acceptable Contractor for the work under this Division must have personnel with experience,
training and skill to provide a practical working system. The Contractor may be required to furnish
acceptable evidence of having installed not less than three systems of size and type comparable to this
project. The systems must have served satisfactorily for not less than 3 years. The superintendent must
have had experience in installing not less than three such systems.
REGULATIONS AND PERMITS
A.
Regulations. Work, materials and equipment shall comply with the latest rules and regulations of the
following:
1.
National Electrical Code (NEC).
2.
National Electrical Safety Code (NESC).
3.
Occupational Safety and Health Act (OSHA).
4.
Texas Accessibility Standards (TAS).
5.
City of Wharton, TX.
6.
Wharton Independent School District
B.
Discrepancies. The drawings and specifications are intended to comply with listed codes, ordinances,
regulations and standards. Where discrepancies occur, immediately notify the Architect/Engineer in
writing and ask for an interpretation. Should installed materials or workmanship fail to comply, the
Contractor is responsible for correcting the improper installation. Additionally, where sizes, capacities,
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or other such features are required in excess of minimum code or standards requirements, provide those
specified or shown.
C.
1.04
Permits. Obtain and pay for all permits and inspections.
CONTRACT DRAWINGS AND SPECIFICATIONS
A.
Intent. The intent of the drawings and specifications is to establish the types of systems and functions,
but not to set forth each item essential to the functioning of the system. The drawings and
specifications are complementary, and work or materials called for in one and not mentioned in the
other shall be provided. Electrical drawings are generally diagrammatic and show approximate location
and extent of work. Install the work complete, including minor details necessary to perform the
function indicated. In case of doubt as to work intended, or if amplification or clarification is needed,
request instructions from the Owner’s representative.
B.
Discrepancies. Review pertinent drawings and adjust the work to conditions shown. Where
discrepancies occur between drawings, specifications, and actual field conditions, immediately notify
the Owner’s representative for interpretation.
C.
Outlet and Equipment Locations. Coordinate the actual locations of electrical outlets and equipment
with building features and equipment as indicated on mechanical and plumbing drawings. Review with
the Owner’s representative any proposed changes in outlet or equipment location. Relocation of outlets
before installation, of up to 5 feet from the position indicated, may be directed without additional cost.
Remove and relocate outlets placed in an unsuitable location, when so requested by the Owner’s
representative.
PART 2 - P R O D U C T S
2.01
PRODUCT REQUIREMENTS
A.
Condition. Provide new products of manufacturers regularly engaged in production of such equipment.
Provide the manufacturer’s latest standard design for the type of product specified. The manufacturer
of the equipment/product shall have minimum 5 years experience in producing similar product. If
requested by the Owner’s representative, an acceptable list of installations with similar equipment shall
be provided demonstrating compliance with this requirement.
B.
NEC and UL. Products shall conform to requirements of the National Electrical Code. Where
Underwriters’ Laboratories have set standards, listed products and issued labels, products used must be
listed and labeled by UL.
C.
Space Limitations. Equipment selected shall conform to the building features and be coordinated with
them. Do not provide equipment which will not suit arrangement and space limitations.
D.
Enclosure. Provide NEMA 1 enclosure for indoor installation and NEMA 3R for outdoor enclosure,
unless noted otherwise. The enclosure shall be suitable for the environment per NEC, NEMA and
ANSI standards.
E.
Factory Finish. Equipment must be delivered with a hard surface, factory-applied finish so that no
additional field painting is required except for touch-up as required.
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F.
Interrupting Ratings. The electrical system shall be a fully rated system. Series ratings of overcurrent
devices is unacceptable.
G.
Furnish documentation from equipment manufacturer for the startup and test procedures for all the
equipment installed.
PART 3 - E X E C U T I O N
3.01
PROTECTION OF EQUIPMENT
A.
Moisture. During construction, protect switchboards, transformers, motors, control equipment, and
other items from insulation moisture absorption and metallic component corrosion by appropriate use of
strip heaters, lamps or other suitable means. Apply protection immediately upon receiving the products
and maintain continually.
B.
Cleanliness. Keep products clean by elevating above ground or floor and by using suitable coverings.
C.
Damage. Take such precautions as are necessary to protect apparatus and materials from damage.
Failure to protect materials is sufficient cause for rejection of the apparatus or material in question.
D.
Finish. Protect factory finish from damage during construction operations and until acceptance of the
project. Satisfactorily restore any finishes that become stained or damaged.
3.02
INSTALLATION
A.
Cooperation with Other Trades. Cooperation with trades of adjacent, related or affected materials or
operations, and with trades performing continuations of this work under subsequent contracts, is
considered a part of this work in order to effect timely and accurate placing of work and to bring
together, in proper and correct sequence, the work of such trades. Provide other trades, as required, all
necessary templates, patterns, setting plans and shop details for the proper installation of the work and
for the purpose of coordinating adjacent work. Electrical power connections for mechanical and
plumbing equipment are in this Division unless noted otherwise. Verify electrical characteristics of all
equipment with Divisions 21-23 before roughing in the electrical connections.
B.
Workmanship. Work must be performed by workmen skilled in their trade. The installation must be
complete.
C.
Concrete Equipment Pads. Install 4-inch-thick concrete foundation pads for indoor floor-mounted
equipment, except where direct floor mounting is required. Pour pads on roughened floor slabs, sized
so that outer edges extend a minimum of 3 inches beyond equipment. Trowel pads smooth and chamfer
edges to a 3/4-inch bevel. Secure equipment to pads as recommended by the manufacturer.
D.
Setting of Equipment. Equipment must be leveled and set plumb. Sheet metal enclosures mounted
against a wall must be separated from the wall not less than 1/4 inch by means of corrosion-resistant
spacers or by 3 inches of air for freestanding units. Use corrosion-resistant bolts, nuts and washers to
anchor equipment. In sufficient time to be coordinated with work under other divisions, provide
drawings and layout work showing exact size and location of sleeves, openings or inserts for electrical
equipment in slabs, walls, partitions and chases.
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E.
Sealing of Equipment.
1.
Voids between sleeves or core-drilled holes and pipe passing through fire-rated assemblies shall
be firestopped to meet the requirements of ASTM E 814, in accordance with Section 07 84 00,
Firestopping. Contractors shall provide proper sizing when providing sleeves or core-drilled
holes to accommodate their through-penetrating items.
2.
Seal openings into equipment to prevent entrance of animals, birds and insects.
F.
Motors.
1.
Motors are specified under other sections of Division 23.
2.
Electrical work includes the electrical connection of all motors, except those which are wired as a
part of equipment.
G.
Concealed Work. Conceal all electrical work in walls, floors, chases, under floors, underground and
above ceilings except:
1.
Where shown or specified to be exposed. Exposed is understood to mean open to view.
2.
Where exposure is necessary for the proper function.
3.
Where size of materials and equipment preclude concealment.
H.
Application. Unless otherwise indicated, power will be utilized as follows:
1.
480 volts, three phase: motors 3/4 horsepower and larger.
2.
120 volts, single phase: motors 1/2 horsepower and smaller.
3.
120 volts, single phase: LED, incandescent, fluorescent and high-intensity-discharge lighting.
4.
277 volts, single phase: LED, fluorescent and high-intensity-discharge lighting.
5.
120 volts, single phase: convenience outlets.
6.
480 volts, three phase: HVAC Heat pumps and Chillers
7.
277 volts, single phase: HVAC fan coil units.
8.
208 volts, single phase: HVAC Ceiling Cassettes.
I.
Transformers. Use transformers to change the service to the required utilization voltages.
J.
Accessories. All offsets, fittings, expansion joints, anchors and accessories that are required for a
complete system shall be provided even if not specifically indicated on the drawings or mentioned in
the specifications. Offsets, transitions and changes in direction of conduit, cable trays, raceways and
busways shall be made to maintain proper headroom. Provide all necessary pullboxes, fittings, etc.,
required as a result of these transitions and changes in direction.
K.
Sleeves, Cutting and Patching. Provide for the timely placing of sleeves for all raceway passing
through walls, partitions, beams, floors and roof while same are under construction. If holes and
sleeves are not properly installed and cutting and patching becomes necessary, it shall be done at no
expense to the Owner. Secure permission from the Owner’s representative before cutting or patching a
constructed or existing wall. Where floors or walls are fire rated, penetrations shall be completely
sealed using UL-listed materials and procedures sufficient to preserve the fire rating as specified in
Section 07840. Comply with any special requirements of local authorities.
3.03
EQUIPMENT AND DEVICE MARKING
A.
Designations. Identify all equipment, devices, feeders, branch circuits and similar items with the same
designations as indicated on the contract documents.
B.
Nameplates. Externally mark all electrical equipment with nameplates identifying each and the
equipment served. Nameplates shall be black laminated rigid phenolic with white core. Nameplate
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minimum size shall be 1 inch high by 3 inches long with 3/16-inch-high engraved white letters. Supply
blank nameplates for spare units and spaces.
C.
Nameplate Fasteners. Fasten nameplates to the front of equipment only by means of stainless steel selftaping screws. Stick-ons or adhesives will not be allowed unless the NEMA enclosure rating is
compromised, then only epoxy adhesive shall be used to attach nameplates.
D.
Nameplate Information. In general, the following information is to be provided for the types of
electrical equipment as listed.
1.
2.
3.
Switchboards and Motor Control Centers. On the mains identify the piece of equipment, the
source and voltage characteristics (i.e., 480/277V 3PH 4W). For each branch circuit protective
device, identify the load served.
Transformers, Individual Starters, Contactors, Disconnect Switches, Transfer Switches and
similar equipment. Identify the device designation, source and load served.
Panelboards. Identify the source, panelboard designation and voltage characteristics.
E.
Panelboards. Prepare a neatly typed circuit directory behind clear heat-resistant plastic in a metal frame
attached to the inside of the door for each panelboard. Identify circuits by equipment served and by
room numbers where room numbers exist. Indicate spares and spaces with light, erasable pencil
marking. Adhesive mounted directory pocket is not acceptable.
F.
Pull, Junction and Outlet Boxes. With 1/2-inch-high lettering, identify conduits connected to pull,
junction and outlet boxes with the complete circuit number of the conductors contained therein. Where
multiple circuits are contained in a box, identify the circuit conductors with permanent tags which
indicate circuit designation.
G.
Equipment and Raceways Over 600 Volts. Provide “WARNING - HIGH VOLTAGE - KEEP OUT”
signs on all equipment. With 2-inch-high lettering, mark all exposed raceways containing conductors
operating in excess of 600 volts every 100 feet with the words “WARNING - HIGH VOLTAGE.”
H.
Power Receptacles.
1.
Use nameplate or engrave device plate to identify power receptacles with circuit number, voltage
and phases, where:
a.
The nominal voltage between any pair of contacts is greater than 150 volts.
b.
Dedicated receptacles are provided.
2.
If nameplates are used, attach to wall directly above device plate.
I.
Wall Switches. Provide an engraved switch plate or attach a nameplate to the wall directly above the
switch:
1.
Where the equipment served is not in sight of the wall switch.
2.
Where the wall switch controls dedicated outlets or special equipment.
3.04
A.
TESTING
Test Conditions. Place circuits and equipment into service under normal conditions, collectively and
separately, as may be necessary to determine satisfactory operation. Perform specified tests in the
presence of the Owner’s representative. Furnish all instruments, wiring, equipment and personnel
required for conducting tests. Demonstrate that the equipment operates in accordance with
requirements of the drawings and specifications. Special tests on certain items are specified hereinafter.
COMMON WORK RESULTS FOR ELECTRICAL
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Where specified that the testing be performed by an independent testing company, an Owner approved
NETA certified testing company shall be used.
B.
Test Dates. Schedule final acceptance tests sufficiently in advance of the contract date to permit
completion of any necessary adjustment or alterations within the number of days allotted for completion
of the contract.
C.
Retests. Conduct retests as directed by the Owner’s representative of such time duration as may be
necessary to assure proper functioning of adjusted or altered parts or items of equipment. Any resultant
delay as a result of such necessary retests does not relieve the Contractor of his responsibility under this
contract.
END OF SECTION
COMMON WORK RESULTS FOR ELECTRICAL
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SECTION 26 05 19
INSULATED CONDUCTORS
PART 1 - G E N E R A L
1.01
SUMMARY
A.
Provide insulated conductors.
1.02
REFERENCE STANDARDS
A.
AEIC No. 6 - Specifications for Ethylene-Propylene-Rubber-Insulated Power Cables 5,000 to 35,000
Volts.
B.
ANSI/IEEE 386 - Separable Insulated Connectors for Power Distribution Systems Above 600 Volts.
C.
ANSI/UL 4 - Armored Cable.
D.
ANSI/UL 83 - Thermoplastic-Insulated Wires and Cables.
E.
ICEA S-61-402 (NEMA WC 5) - Thermoplastic-Insulated Wire and Cable for the Transmission and
Distribution of Electrical Energy.
1.03
A.
SUBMITTALS
Provide product data on the following:
1.
600-volt conductor, splicing and terminating materials.
PART 2 - P R O D U C T S
2.01
A.
2.02
IDENTIFICATION
Provide new insulated conductors marked according to NEC Article 310.
600-VOLT INSULATED CONDUCTORS
A.
Size. As shown.
B.
Construction.
1.
Conductor. Soft-drawn, annealed copper. Solid for No. 12 and No. 10 AWG. Stranded for No.
8 AWG and larger.
2.
Insulation. Unless otherwise noted on the drawings, use THWN for general wiring.
C.
Use. For general wiring use No. 12 minimum. For field-installed control wiring use No. 14 or larger
stranded conductors.
INSULATED CONDUCTORS
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D.
2.03
Listing.
1.
Single Conductor. UL 83.
ARMORED CABLE
A.
Size. No. 10 AWG minimum.
B.
Construction.
1.
Conductor. Soft-drawn, annealed copper. Solid for No. 12 and No. 10 AWG. Stranded for No.
8 AWG and larger.
2.
Insulation. THHN.
C.
Use. For branch circuits only where installed in existing walls.
D.
Listing. UL 4, type ACT-HH.
PART 3 - E X E C U T I O N
3.01
INSTALLATION
A.
Protection. Unless otherwise indicated, mechanically protect conductors for systems by installing in
raceways. Do not install the conductors until raceway system is complete and properly cleaned. Use
Polywater J cable lubricant when pulling conductors. Do not bend any conductor either permanently or
temporarily during installation to radii less than four times the outer diameter of 600-volt insulated
conductors. Do not exceed manufacturer’s recommended values for maximum pulling tension.
B.
Splices and Terminations. Use pressure-type lugs or connectors for terminations or splices of all
stranded conductors. Use ring-tongue type terminators on all control wiring. Make grounding (earth)
conductor approximately 2 inches {50 mm} longer than the ungrounded (phase) conductors at both
ends. Refer to Section 26 05 26.
C.
Appearance. Neatly and securely bundle or cable all conductors in an enclosure using nylon straps with
a locking hub or head on one end and a taper on the other.
3.02
600-VOLT INSULATED CONDUCTORS
A.
Size. Install conductor sizes as indicated. Provide No. 10 AWG conductor for the entire circuit length
for single-phase, 20-ampere circuits for which the distance from panelboard to the last outlet is more
than 100 feet for 120-volt circuits or 200 feet for 277-volt circuits.
B.
Home Runs. Except where specifically indicated, provide branch circuit home runs with not more than
two different line conductors and a common neutral in a single raceway for 3-wire, single-phase
systems, nor more than three different line conductors and a common neutral in a single raceway for
4-wire, 3-phase systems. Use home run circuit numbers as indicated for panelboard connections.
C.
Color Code. Use factory-colored insulated conductors for No. 10 and smaller conductors and color
code larger insulated conductors with an approved field-applied tape. Use different colors for control
wiring. Follow the color scheme below.
INSULATED CONDUCTORS
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Line
240/120
208/120
480/277
A or L1
B or L2
C or L3
Neutral
Ground
Switch Leg
Black
Red
Black
Red
Blue
White
Green
Pink
Brown
Orange
Yellow
Gray
Green
Pink
White
Green
Pink
Where more than one conductor of the same phase or more than one neutral conductor occur at the
same outlet or junction box, these conductors shall be identifiable from each other by use of stripes or
distinguishing markings.
D.
3.03
A.
Field Testing. Insulation resistance of all conductors shall be tested. Each conductor shall have its
insulation resistance tested after the installation is completed and all splices, taps and connections are
made except connection to or into its source and point (or points) of termination. Insulation resistance
of conductors which are to operate at 600 volts or less shall be tested by using a Biddle Megger of not
less than 1000 volts d-c. Insulation resistance of conductors rated at 600 volts shall be free of shorts
and grounds and have a minimum resistance phase-to-phase and phase-to-ground of at least 10
megohms. Conductors that do not exceed insulation resistance values listed above shall be removed at
Contractor’s expense and replaced and test repeated. The Contractor shall furnish all instruments and
personnel required for tests, shall tabulate readings observed, and shall forward copies of the test
readings to the Owner in accordance with Section 26 05 00. These test reports shall identify each
conductor tested, date and time of test and weather conditions. Each test shall be signed by the party
making the test.
ARMORED CABLE
Install armored cable in accordance with NEC Article 320. Do not install armored cable in thermal
insulation. Use fittings specifically designed for armored cable.
END OF SECTION
INSULATED CONDUCTORS
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SECTION 26 05 26
GROUNDING
PART 1 - G E N E R A L
1.01
A.
1.02
A.
SUMMARY
Provide grounding and bonding equipment for electrical systems.
REFERENCE STANDARDS
Design, test, assemble and install grounding and bonding system in conformance to the latest edition of
the following applicable industry standards.
1.
ANSI/IEEE Std 142 - Recommended Practice for Grounding of Industrial and Commercial
Power Systems.
2.
ANSI/UL 467 - Grounding and Bonding Equipment.
3.
IEEE 81 - Guide for Measuring Earth Resistivity, Ground Impedance and Earth Surface
Potentials of a Ground System.
4.
IEEE 1100 - Recommended Practice for Powering and Grounding Sensitive Electronic
Equipment (IEEE Emerald Book).
5.
NFPA 70 - National Electrical Code (NEC).
PART 2 - P R O D U C T S
2.01
GROUND RODS
A.
Materials. Provide 3/4-inch by 10-foot {19 x 3000} long, copper-clad, steel grounding electrodes.
Supply a rod to which the copper cladding is permanently and inseparably bonded to a high-strength
steel core.
B.
Listing. UL 467.
2.02
CONNECTIONS
A.
Materials. Unless otherwise noted, for below-grade connections provide exothermic welded type. For
above-grade connections provide mechanical bolted-type connections utilizing high conductive copper
alloy or bronze lugs or clamps. Where required, provide plated connectors which will not cause
electrolytic action between the conductor and the connector.
B.
Listing. UL 467.
2.03
WIRING
A.
Materials. Provide bare conductors for bonding jumpers. Provide 600-volt insulated conductors having
a green-colored insulation for grounding electrode and equipment grounding conductors. Use solid
conductors for No. 12 and No. 10 AWG wire; stranded for No. 8 AWG and larger.
B.
Listing. UL 83.
GROUNDING
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2.04
A.
GROUND BUS
Where a field-provided ground bus is required, use round-edge copper bar with 98 percent International
Annealed Copper Standard (IACS) conductivity. Size the bus for not less than 25 percent of the crosssectional area of the related feeder. A minimum size of 1/4 inch {6 mm} by 2 inches {51 mm} is
required.
PART 3 - E X E C U T I O N
3.01
SYSTEM GROUND
A.
System Neutral. Where a system neutral is used, bond the system neutral to the grounding electrode
system in accordance with NEC Article 250. Ground the system neutral only at the point of service and
isolate it from ground at all other points in the system.
B.
Separately Derived Systems. Ground neutrals of separately derived systems such as generators,
transformers, etc., in accordance with NEC 250-30.
C.
Size. Size the system grounding electrode conductors to comply with NEC Table 250-66, unless shown
larger on the drawings.
D.
Depth. Bury grounding electrode conductors below grade to comply with NEC 250-50 and 250-52.
Minimum depth 30 inches {250} unless noted otherwise.
E.
Testing. Test the completed grounding system. If the resistance of the grounding system is greater than
5 ohms, add ground rods to attain 5 ohms.
3.02
EQUIPMENT GROUND
A.
Manholes. Provide a No. 1/0 AWG bare stranded copper ground bus in all manholes. Mount bus
12 inches {305 mm} above floor using one-hole pipe straps 3′-0″ {914 mm} on center. Connect bus to
ground rod with a No. 1/0 AWG {50 mm2} conductor. Bond all metallic components and electrical
grounding conductors to the bus using lugs or clamps.
B.
Transformer Vaults and Switchgear Rooms. Provide a ground bus in all transformer vaults and
switchgear rooms. Mount bus 12 inches {305 mm} above finished floor and 1 inch {25 mm} from wall
around perimeter of room. Connect bus by a grounding conductor with a cross-sectional area
equivalent to the ground bus (see Article 2.4) to an acceptable grounding electrode as described in NEC
Article 250. Connect all noncurrent-carrying metallic parts of electrical equipment in the room to the
bus.
C.
Raceway Systems and Equipment Enclosures.
1.
Ground cabinets, junction boxes, outlet boxes, motors, controllers, raceways, fittings, switchgear,
transformer enclosures, other electrical equipment and metallic enclosures. Ground equipment
and enclosures to the continuous-grounded metallic raceway system in addition to any other
specific grounding shown.
2.
Provide bonding jumpers and ground wire throughout to ensure electrical continuity of the
grounding system.
GROUNDING
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3.
4.
Provide grounding-type insulated bushings for metal conduits 1-1/2 inches {40 mm} and larger
terminating in equipment enclosures containing a ground bus and connect the bushing to the
ground bus.
Provide a green insulated equipment grounding conductor for each feeder and branch circuit.
D.
Taps, Splices and Connections. Make grounding (earth) conductor approximately 2 inches {50 mm}
longer than the ungrounded (phase) conductors at both ends.
E.
Size. When grounding and bonding conductors are not sized on drawings, size the grounding
conductors in accordance with NEC Table 250-122. Size bonding jumper so that minimum crosssectional area is greater than or equal to that of the equivalent grounding conductor as determined from
NEC Table 250-122.
3.03
ISOLATED (SINGLE POINT) GROUND
A.
Purpose. An isolated single point grounding system is employed for installations utilizing sensitive
electronic, data processing or communications equipment. This signal ground bus is not connected in
electrical loops, but in a radial configuration between the various electronic equipment locations. The
signal ground bus is then connected to the building ground rod array at only one location. This
grounding arrangement thus provides only a single path to ground for any circulating ground currents,
which will minimize electromagnetic interference with sensitive electronic equipment.
B.
Equipment Requiring Isolated Grounding. Equipment typically grounded to the isolated single point
grounding system includes communications and coaxial cable shields, telephone termination block
earth grounds, radio transmitter chassis grounds, and electronic equipment signal grounds which are
isolated from the equipment chassis.
C.
Grounding Busbars. Utilize round-edge copper bar with 98 percent IACS conductivity for room
isolated ground bus. Grounding busbars should be minimum 0.25 inches thick and 2 inches wide, and
should be drilled and tapped as appropriate for the individual equipment ground conductors. The
grounding busbars should be mounted on insulated standoffs to ensure isolation from ground potential.
1.
Install a local isolated ground bus in each room or area where indicated on the plans. Ground all
sensitive electronic equipment in the room or area to the local isolated ground bus.
2.
Install a master isolated ground bus for the entire building or plant structure. Connect radial
isolated ground leads from each local isolated ground bus to the master isolated ground bus.
D.
Grounding Conductors.
1.
Conductors from individual equipment and cable shields shall be a minimum No. 6 AWG, type
THW stranded copper with green insulation. The conductor from each local isolated ground bus
to the master isolated ground bus shall be a minimum of No. 2/0 AWG, type THW stranded
copper with green insulation. The conductor from the master isolated ground bus to the facility
ground rod array shall be a minimum of No. 2/0 AWG, type THW stranded copper with green
insulation. Grounding cable with aluminum conductors is not acceptable.
2.
Conductors shall be routed to provide the minimum possible number of cable bends. The radius
of any cable bend shall be not less than 8 inches, and the included angle of any bend shall be a
minimum of 90 degrees.
E.
Grounding Connectors.
1.
Connections from individual equipment and cable shields shall use crimp-type connectors of
copper or tinned copper construction. Individual equipment connections to local isolated ground
buses shall use copper alloy or bronze machine bolts and lock washers.
GROUNDING
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2.
3.
No. 2/0 cable connections from local isolated ground buses to the master ground bus shall utilize
an exothermic weld or brazing process. No. 2/0 cable connections from the master ground bus to
the facility ground rod array shall utilize an exothermic weld or brazing process.
Connectors utilizing aluminum or steel alloys are not acceptable.
END OF SECTION
GROUNDING
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SECTION 26 05 33
RACEWAYS AND BOXES
PART 1 - G E N E R A L
1.01
SUMMARY
A.
Provide outlet boxes, floor boxes, junction boxes, pull boxes, and electrical raceway systems, including:
1.
Rigid metal conduit.
2.
PVC-coated rigid metal conduit.
3.
Electrical metallic tubing.
4.
Rigid nonmetallic conduit.
5.
Flexible metal conduit.
6.
Liquid-tight flexible metal conduit.
7.
Flexible metallic tubing.
8.
Wireways.
B.
Underground Electrical Duct Bank is specified in Section 33 71 19.
1.02
REFERENCE STANDARDS
A.
ANSI C80.1 - Rigid Steel Conduit - Zinc-Coated.
B.
ANSI C80.3 - Electrical Metallic Tubing - Zinc-Coated.
C.
ANSI C80.4 - Fittings for Rigid Steel Conduit and Electrical Metallic Tubing.
D.
ANSI/NEMA Publication No. OS 1 - Sheet-steel Outlet Boxes, Device Boxes, Covers and Box
Supports.
E.
ANSI/NEMA TC 2 - Electrical Plastic Tubing (EPT) and Conduit (EPC-40 and EPC-80).
F.
ANSI/UL 1 - Flexible Metal Conduit.
G.
ANSI/UL 360 - Liquid-tight Flexible Steel Conduit.
H.
ANSI/UL 467 - Electrical Grounding and Bonding Equipment.
I.
ANSI/UL 514A - Metallic Outlet Boxes.
J.
ANSI/UL 514B - Fittings for Conduit and Outlet Boxes.
K.
ANSI/UL 651 - Schedule 40 and 80 Rigid PVC Conduit.
L.
ANSI/UL 797 - Electrical Metallic Tubing.
M.
ANSI/UL 870 - Wireways, Auxiliary Gutters and Associated Fittings.
RACEWAYS AND BOXES
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N.
NEMA RN 1 - Polyvinyl Chloride (PVC) Externally Coated Galvanized Rigid Steel Conduit and
Intermediate Metal Conduit.
O.
NFPA 70 - National Electrical Code (NEC).
P.
UL 6 - Rigid Metal Conduit.
1.03
A.
SUBMITTALS
Provide product data on:.
1.
PVC-coated rigid metal conduit.
PART 2 - P R O D U C T S
2.01
CONDUIT AND FITTINGS
A.
Rigid Metal Conduit.
1.
Conduit. Rigid hot-dipped galvanized steel (RGS) conduit with zinc-coated threads and an outer
coating of zinc chromate.
2.
Fittings. Threaded steel or malleable iron, either cadmium plated or hot-dipped galvanized.
B.
PVC-Coated Rigid Metal Conduit.
1.
Conduit. Same as rigid metal conduit plus a factory-applied, 40-mil-thick covering of polyvinyl
chloride (PVC) bonded to the metal.
2.
Fittings. Same as rigid metal conduit fittings plus a factory-applied, 40-mil-thick covering of
PVC bonded to the metal.
3.
Manufacturer. Rob-roy, OCAL, or approved substitution.
4.
Training. Manufacturer shall provide “hands on” training for the Contractor on proper methods
of preparation, installation and touch-up.
C.
Electrical Metallic Tubing (EMT).
1.
Conduit. Galvanized electrical steel tubing.
2.
Fittings. Steel compression type, either cadmium plated or hot-dipped galvanized. Connectors
shall have insulated throat bushings. Set screw fittings are not acceptable.
D.
Rigid Nonmetallic Conduit.
1.
Conduit. Schedule 40 polyvinyl chloride (PVC).
2.
Fittings. Solvent weld socket type.
E.
Flexible Metal Conduit.
1.
Conduit. Spiral-wound, square-locked, hot-dipped galvanized steel strip.
2.
Fittings. One-screw and two-screw for 1-1/2 inches and larger, double-clamp steel or malleable
iron, either cadmium plated or hot-dipped galvanized.
F.
Liquid-tight Flexible Steel Conduit.
1.
Conduit. Spiral-wound, square-locked, hot-dipped galvanized steel strip plus a bonded outer
jacket of PVC.
2.
Fittings. Compression type, malleable iron, with insulated throat, either cadmium plated or hotdipped galvanized.
RACEWAYS AND BOXES
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2.02
WIREWAYS
A.
Material. Not less than 16-gauge sheet steel.
B.
Dimensions. Cross section dimensions not less than 4 inches by 4 inches.
C.
Finish. Not less than two coats of enamel over a rust-inhibiting prime coat.
D.
Type.
1.
Indoors. NEMA 1.
2.
Outdoors. NEMA 3R.
2.03
OUTLET BOXES
A.
Flush Device Boxes. Provide galvanized steel boxes of sufficient size to accommodate wiring devices
to be installed at outlet. Provide an extension ring for the device(s) to be installed. Square or
rectangular boxes may be used. Unless otherwise noted, provide minimum 1-1/2-inch deep by 4-inch
square minimum size box.
B.
Exposed Device Boxes. Provide FS or FD cast boxes for surface mounting in areas having exposed
rigid metal conduit systems. Provide galvanized steel boxes for surface mounting in areas having
exposed EMT.
C.
Boxes for Lighting Fixtures. Provide galvanized steel octagonal boxes with fixture stud supports and
attachments as required to properly support ceiling and bracket-type lighting fixtures. Unless otherwise
noted, provide 1-1/2-inch deep by 4-inch box.
D.
Masonry Boxes. Provide galvanized steel, 3-1/2-inch deep, masonry boxes for all devices installed in
masonry walls.
E.
Switch Boxes. Not permitted.
F.
Listing. UL 514.
2.04
JUNCTION, PULL AND SPLICE BOXES
A.
Construction. Provide galvanized steel boxes conforming to NEC Article 314.
B.
Interior Spaces. Provide NEMA 1 type boxes at least 4 inches deep.
C.
Exterior Spaces. Provide NEMA 3R type boxes at least 4 inches deep.
D.
Embedded. Provide NEMA 4 cast iron type with flush flanged cover when cast in concrete.
E.
Listing. UL 514.
RACEWAYS AND BOXES
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PART 3 - E X E C U T I O N
3.01
CONDUIT AND FITTINGS
A.
Minimum Trade Size. 3/4 inch, except that 3/8-inch flexible metal conduit may be used in lengths not
exceeding 72 inches for tap conductors supplying lighting fixtures.
B.
Types According to Use. Use rigid steel conduit (RGS) throughout the project except as specified
below.
1.
Use PVC-coated RGS where exposed to rain, condensation, moisture, constant high humidity or
corrosive atmospheres.
2.
Use EMT in interior walls or ceiling spaces and where exposed when installed more than 8 feet
above finished floor in open work areas, mechanical rooms or electrical rooms. Conduit which
enters or leaves the top of panelboards or enclosures may be EMT, provided the top of the
panelboards or enclosures are a minimum of 5 feet above finished floor and such panelboards and
enclosures are located in mechanical or electrical rooms.
3.
RGS or rigid nonmetallic conduit 1 inch and smaller may be embedded in slabs if the slab
thickness is a minimum of 5 inches thick. Conduit placement shall not impair the slab’s
structural integrity.
4.
Use RGS or rigid nonmetallic conduit encased in concrete with minimum 3-inch-thick walls, for
feeders or service entrance conductors installed below grade at a minimum depth of 18 inches to
top of conduit. Concrete encasement may be omitted when conduit is installed below floor slabs.
All horizontal to vertical transitions shall be made using PVC-coated RGS elbows and conduit
stub-ups.
5.
Underground branch circuits: Use direct-buried PVC-coated RGS or concrete encased rigid
nonmetallic conduit for underground branch circuits. Conduit shall be laid directly below a
protective red plastic tape labeled with a warning. Tape shall be at least 24 inches below finished
grade. All horizontal to vertical transitions shall be made using PVC-coated RGS elbows and
conduit stub-ups.
6.
Underground services and feeders: Use concrete encased ductbanks, in accordance with
specification 337119, for underground services and raceways. All horizontal to vertical
transitions shall be made using PVC-coated RGS and conduit stub-ups.
7.
Connect all electrical equipment subject to vibration or movement with flexible metal conduit 24
inches minimum length. Provide liquid-tight conduit with proper liquid-tight fittings for exterior
locations or in wet areas. Where the equipment is located in a duct or plenum used for
environmental air, the length of conduit shall not exceed 4 feet.
8.
Lighting Troffer Connection. Provide 6 feet of flexible steel conduit for connections to a junction
box mounted at the structure..
9.
Transitions.
a.
Where rigid nonmetallic conduit is used in concrete encasement or under concrete slabs, a
conversion to PVC-coated RGS shall be made at least 3 feet before the run exits the
encasement or slab cover.
b.
For below-grade to above-grade outdoor locations, extend concrete encasement around
conduit 4 inches above finished grade and slope top away from conduit with a 6-inch-perfoot slope.
C.
Preparation. Place sleeves in walls and floor slabs for the free passage of cables or conduits. Set
sleeves in place a sufficient time ahead of concrete placement so as not to delay the work. Seal all
openings and voids around sleeves through floors and walls. Be sure that plugs or caps are installed
before concrete placement begins.
RACEWAYS AND BOXES
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D.
Installation Requirements.
1.
Metallic conduits must be continuous between enclosures such as outlet, junction and pull boxes,
panels, cabinets, motor control centers, etc. The conduit must enter and be secured to enclosures
so that each system is electrically continuous throughout. Where knockouts are used, provide
double locknuts, one on each side. For EMT terminations, provide insulated throat bushings and
on rigid metallic conduits, provide nonmetallic insulating bushings for conductor protection.
Where conduits 1-1/2 inches and larger terminate in equipment having a ground bus, such as in
switchgear, motor control centers and panelboards, provide conduit with an insulated grounding
bushing and a suitable grounding conductor terminated at the ground bus.
2.
Have rigid nonmetallic conduit adequately solvent welded at joints to form a tight, waterproof
connection.
3.
Run concealed conduit as directly and with the largest radius bends as possible. Run exposed
conduit parallel or at right angles to building or other construction lines in a neat and orderly
manner. Conceal conduit in finished areas. Unless otherwise noted, remaining conduit may be
exposed. Provide chrome-plated floor and ceiling plates around conduits exposed to view and
passing through walls, floors, partitions, or ceilings in finished areas. Select properly sized plates
to fit the conduit when securely locked in place.
E.
Installation Methods.
1.
Install each entire conduit system complete before pulling in any conductors. Clean the interior
of every run of conduit before pulling in conductors to guard against obstructions and conduit
omissions.
2.
Cut all joints square, then thread and ream smooth. Coat cuts, threads or scratches on steel
conduit with an approved zinc chromate or with a 90 percent zinc paint. When dry, draw up
tight.
3.
Make bends with standard ells or conduit bent in accordance with the NEC. Make field bends
using equipment designed for the particular conduit material and size involved. Bends must be
free from dents or flattening. Use no more than the equivalent of four 90-degree bends in any run
between terminals and cabinets, or between outlets and junction boxes or pull boxes.
4.
Conduit bodies may be used in lieu of conduit ells where ease of installation and appearance
warrants their use. Conduit bodies larger than 1 inch may be used only where approved.
5.
Securely fasten and support conduit to structure or metal framing using hot-dipped galvanized,
malleable iron pipe straps or other approved means. Wires of any type may not be used for
securing conduits. Branch circuit raceways which are 1 inch or smaller may be attached to wall
studs by use of manufactured clips.
6.
Provide a No. 30 nylon pulling line in conduits in which wiring is not installed under this work.
Identify both ends of the line by means of labels or tags reading “Pulling Line - Telephone,” etc.
7.
Suitably cap conduit during construction to avoid water, dirt and trash entrance.
8.
Use expansion-deflection fittings on conduit crossing structural expansion joints and on exposed
conduit runs where necessary. Provide bonding jumpers across fittings in metal raceway
systems.
9.
With a coupling, terminate concealed conduit for future use at structural surfaces. Install a pipe
plug flush with the surface.
10. Openings around electrical penetrations of fire-resistance rated walls, partitions, floors or ceilings
shall be firestopped to maintain the fire resistance rating using approved methods.
3.02
A.
WIREWAYS
Install wireways, where shown, according to NEC Article 376. Field apply a 90 percent zinc paint
coating over cuts or scratches before any other finish is applied.
RACEWAYS AND BOXES
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Wharton I.S.D.
3.03
OUTLET BOXES
A.
General.
1.
Boxes shall be installed plumb and firmly in position.
2.
Extension rings with blank covers shall be installed on junction boxes where required.
3.
Upon initial installation, all wiring outlets, junction, pull and outlet boxes shall have dust covers
installed. Dust covers shall not be removed until wiring installation when permanent dust covers
or devices are installed.
B.
Flush Boxes. Unless otherwise indicated, mount all outlet and switch boxes flush within 1/4 inch of the
finished wall or ceiling line. Provide galvanized steel extension rings where required to extend the box
forward in conformance to NEC requirements. Attach ring with at least two machine screws. Securely
fasten outlet boxes. Provide plaster covers for all boxes in plastered walls and ceilings.
C.
Fixture Boxes. Where boxes for suspended lighting fixtures are attached to and supported from
suspended ceilings, adequately distribute the load over the ceiling support members.
D.
Mounting Height. Mounting height of a wall-mounted outlet box means the height from finished floor
to horizontal center line of the cover plate. Where outlets are indicated adjacent to each other, mount
these outlets in a symmetrical pattern with all tops at the same elevation. Where outlets are indicated
adjacent, but with different mounting heights, line up outlets to form a symmetrical vertical pattern on
the wall. Verify the final location of each outlet with Owner’s representative before rough-in. Remove
and relocate any outlet box placed in an unsuitable location.
E.
Back-to-Back Boxes. Do not connect outlet boxes back to back unless approval is obtained from the
Architect/Engineer. Where such a connection is necessary to complete a particular installation, fill the
voids around the wire between the boxes with sound insulating material.
F.
Box Openings. Provide only the conduit openings necessary to accommodate the conduits at the
individual location.
3.04
JUNCTION AND PULL BOXES
A.
Installation. Install boxes as required to facilitate cable installation in raceway systems. Generally
provide boxes in conduit runs of more than 100 feet.
B.
Covers. Provide boxes so that covers are readily accessible and easily removable after completion of
the installation. Include suitable access doors for boxes above inaccessible ceilings. Select a practical
size for each box and cover.
END OF SECTION
RACEWAYS AND BOXES
26 05 33 - 6
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Wharton I.S.D.
SECTION 26 05 35
WIRING DEVICES
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide wiring devices and device plates.
REFERENCE STANDARDS
A.
Americans with Disabilities Act (ADA).
B.
ANSI/UL 20 - General-Use Snap Switches.
C.
ANSI/UL 498 - Attachment Plugs and Receptacles.
D.
ANSI/UL 943 - Ground Fault Circuit Interrupters.
E.
NEMA WD 1 - General Requirements for Wiring Devices.
F.
UL 1449 - Transient Voltage Surge Suppressors.
1.03
A.
SUBMITTALS
Provide product data on wiring devices and plates.
PART 2 - P R O D U C T S
2.01
WALL SWITCHES
A.
Type. Quiet type, back and side wired switches as shown.
B.
Rating. 20 amperes, 120/277 volts.
C.
Listing. UL 20 and Federal Specification W-S-896.
D.
Finished Areas. Wall switches in finished areas shall be “Decorator” style low-profile rocker switches.
Select cover plates of same color, and match with receptacle, phone and data outlet cover plate style and
cover. For wall switches to be installed in existing facilities, provide types and styles to match existing
wall switches to remain. Coordinate with Owner’s representative for room finish.
WIRING DEVICES
26 05 35 - 1
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Wharton I.S.D.
E.
Manufacturer. The following designations are for brown devices; provide devices in the color specified
in Article 2.06.
Type
Arrow
Hart
Bryant
GE
Hubbell
S
1991
4901
5951
HBL1221
S2
1992
4902
5952
HBL1222
S3
1993
4903
5953
HBL1223
S4
1994
4904
5954
HBL1224
SK(1)
L
L
OLG
L
SP(2)
PL
PLR120
SP121-8G
PL
(1) Key operated switch: add the indicated suffix to the above designations.
(2) Switch with red pilot light: add the indicated suffix to the above designations. (Not available in
S4.)
2.02
RECEPTACLES
A.
Type. Back and side wired receptacles.
B.
Rating. Scheduled on drawings.
C.
Listing. UL 498 and Federal Specification W-C-596.
WIRING DEVICES
26 05 35 - 2
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Wharton I.S.D.
D.
2.03
Manufacturer. The following designations are for brown devices; provide devices in the color specified
in Article 2.06.
NEMA
Config.
Arrow
Hart
Bryant
GE
Hubbell
5-15R
6-15R
5-20R
6-20R
14-20R
15-20R
5-30R
6-30R
14-30R
15-30R
5-50R
6-50R
14-50R
15-50R
CLOCK
GFCI
TVSS
5262
5662
5362
5462
5759
5781
5716N
5700N
5744N
8430N
5711N
5709N
5754N
8450N
5708
GF8300
8300SI
5262
5662
5362
5462
C
C
9530-FR
9630-FR
9430-FR
8430-FR
9550-FR
9650-FR
9450-FR
8450-FR
2828-GS
GFR83FT
SP83-TIGI
5262-1
5662-1
5362-1
5462-1
1420
1520
4138-3
4139-3
4191-3
1530-3
4140-3
4141-3
4181-3
1550
4225-5
GFR8300
8300-SIG
5262
5662
5362
5462
8410
8420
9308
9330
9430A
8430A
9360
9367
9450A
8450A
5235
GF-8300
8300H-IS
DEVICE PLATES
A.
Finished Spaces. Use smooth high-impact thermoplastic device plates (“Lexan,” “Noryl” or “Nylon”).
B.
Exposed Boxes in Dry Interior Spaces. Make plates of heavy cadmium-plated sheet steel. Edges of
plates must be flush with edges of boxes.
C.
Hose-down and Exterior Areas. Use weatherproof nonmetallic enclosure. Provide enclosure with
gasketed cover for protection of device and meeting the requirements of NEC-410-57b.
WIRING DEVICES
26 05 35 - 3
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Wharton I.S.D.
D.
2.04
A.
Acceptable Manufacturer. TayMac No. 71204 or approved substitution.
DEVICE COLOR
Supply wiring devices in ivory for non-finished and light finished walls. For renovation or expansion
of existing facilities, provide devices and plates to match existing, remaining devices and plates.
PART 3 - E X E C U T I O N
3.01
GENERAL
A.
Install wiring devices in accordance with applicable requirements of the NEC, NEMA, ANSI, and the
product manufacturer recommendations.
B.
Device Coordination. Where items of equipment are provided under other sections of this specification
or by the Owner, provide a compatible receptacle for the cap or plug and cord of the equipment.
C.
Taps, Splices and Connections. Make grounding (earth) conductor approximately 2 inches {50 mm}
longer than the ungrounded (phase) conductors at both ends. Refer to Section 26 05 26.
3.02
WALL SWITCHES
A.
Location. Set wall switches in a suitable outlet box centered at the height of 44 inches from the floor,
except as otherwise shown on the drawings. Install switch on the strike side of the door as finally hung.
B.
Position. Install wall switches in a uniform position so the same direction of operation will open and
close the circuits throughout the job, generally up for the ON position.
3.03
A.
3.04
RECEPTACLES
Mount receptacles vertically with the ground on top in a suitable steel outlet box centered at the height
of 18 inches from the floor, except as otherwise shown on the drawings. For horizontally mounted
receptacles, ground should be on left. Reasonable changes in receptacle locations may be directed
without change in the contract sum.
DEVICE PLATES
A.
Type. Provide device plates for each outlet of the type required for service and device involved.
B.
Ganged Devices. Group devices where possible and mount ganged devices under a single, one-piece,
device plate.
C.
Engraving. Engrave plates with 1/8-inch-high black letters, if designated for engraving.
END OF SECTION
WIRING DEVICES
26 05 35 - 4
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Wharton I.S.D.
SECTION 26 22 13
DRY-TYPE TRANSFORMERS - 600 VOLT AND BELOW
PRIMARY AND RATED 500 kVA AND SMALLER
PART 1 - G E N E R A L
1.01
A.
1.02
A.
1.03
A.
SUMMARY
Provide dry-type transformers with 600 volt and below primary and rated 500 kVA and smaller.
REFERENCE STANDARDS
Design, test, assemble and install in conformance to the latest edition of the following applicable
industry standards.
1.
ANSI/UL 506 - Specialty Transformers.
2.
IEEE C57.94 - Recommended Practice for Installation, Application, Operation and Maintenance
of Dry-Type General-Purpose Distribution and Power Transformers.
3.
ANSI/NEMA ST 20 - Dry-Type Transformers for General Applications.
4.
NFPA 70 - National Electrical Code (NEC).
SUBMITTALS
Provide product data on each transformer. Product data shall include the following minimum
information.
1.
Manufacturer.
2.
Rated kVA, number of phases and frequency.
3.
Primary voltage and connections.
4.
Secondary voltage and connections.
5.
Number and percent taps.
6.
Outline dimensions.
7.
Total weight of unit.
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
MANUFACTURER
Asea Brown Boveri (ABB), General Electric, Square D, Cutler-Hammer, Siemens, or Sola.
RATINGS
Required kVA, voltages, phases and winding configurations are indicated on the drawings.
Transformers must be rated for 60 hertz operation, self-cooled NEMA Class AA, and shall be listed
under UL 506.
DRY-TYPE TRANSFORMERS - 600 VOLT AND BELOW
PRIMARY AND RATED 500 kVA AND SMALLER
26 22 13 - 1
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Wharton I.S.D.
2.03
COILS
A.
Windings. Use aluminum or copper wire (bar stock) for coil windings. Aluminum foil windings are
not acceptable.
B.
Taps. Furnish transformers with full load rated taps in the primary winding as follows:
2.04
A.
2.05
A.
2.06
kVA Rating
Taps
3-15 kVA, single phase;
9-15 kVA, three phase
Two 5 percent taps below rated voltage
25-100 kVA, single phase;
30-300 kVA, three phase
Six 2-1/2 percent taps, four below and two
above rated voltage
167-250 kVA, single phase;
500 kVA, three phase
Four 2-1/2 percent taps, two below and two
above rated voltage
INSULATION
Provide a 220°C insulation system which is the manufacturer’s standard for a maximum 150°C rise
over a 40°C ambient.
SOUND REQUIREMENTS
Average sound levels shall not exceed the following values as measured in accordance with NEMA ST
20-4.12.
kVA
dB
0-9
10-50
51-150
151-300
301-500
40
45
50
55
60
CONSTRUCTION
A.
Enclosure. Unless otherwise specified or indicated, install transformers in metal enclosures designed to
provide air cooling and to prevent accidental contact with live conductors.
A.
Enclosure. Install transformers with resin-encapsulated coils in totally-enclosed, non-ventilated metal
enclosures designed to prevent accidental contact with live conductors.
B.
Wiring Compartment. Locate the wiring compartment below the core and coil. Have the compartment
cooled by air circulation or insulated from the core and coil with a suitable thermal barrier.
C.
Grounding.
1.
Ground the core of the transformer to the enclosure with a flexible grounding conductor sized
according to NEC requirements.
2.
Ground the transformer neutral in accordance with NEC 250-20(d), 250-21 and 250-30.
D.
Mounting Brackets. Furnish mounting brackets, as required, for wall or structure mounting of
transformers rated 45 kVA and less.
DRY-TYPE TRANSFORMERS - 600 VOLT AND BELOW
PRIMARY AND RATED 500 kVA AND SMALLER
26 22 13 - 2
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Wharton I.S.D.
PART 3 - E X E C U T I O N
3.01
A.
3.02
A.
3.03
TAP SETTING
Select the appropriate tap setting on transformer so that the actual secondary voltage is + 1/2 of a tap
span at full load. Record the transformer serial number, kVA rating, selected tap setting and secondary
voltage readings. Submit copies of the record to the Owner’s representative.
CABLE CONNECTIONS
Make transformer cable connections with compression-type lugs suitable for termination of 75°C rated
conductors. Position lugs so that field connections and wiring will not be exposed to temperature above
75°C.
MOUNTING
A.
Floor. Construct concrete pad for floor-mounted transformers in accordance with Section 260500,
Electrical General Provisions. Maintain a minimum of 6 inches {153 mm} free air space between
enclosure and walls.
B.
Wall. Securely anchor wall mounting brackets to wall to provide adequate support.
C.
Suspended. Suspend transformers from structure by means of trapeze hangers constructed of
galvanized all-thread rods and metal framing channels. Make double-nut connections between rods and
channels. Locate to provide adequate ventilation and accessibility.
D.
Vibration Isolation. Mount transformers on vibration isolating pads suitable for isolating the
transformer noise from the building structure.
1.
For floor transformer installations, use one pad-type Korfund Elasto-Grip waffle, or accepted
substitution, at each corner of the transformer, sized for load of 50 lbs./sq.in. {3.52 Kg/sq.cm}.
2.
For wall or ceiling hung transformer installations, use spring-type Korfund Series P, or accepted
substitution. Provide sound pads at each corner of the transformer, sized for 1/2-inch {13 mm}
deflection.
3.
Verify removal of coil shipping anchor bolts before transformer is energized.
E.
Ventilation. Provide adequate clearance around transformer for ventilation of core, coil and internal
components; minimum 1′-0″ all sides unless noted otherwise.
END OF SECTION
DRY-TYPE TRANSFORMERS - 600 VOLT AND BELOW
PRIMARY AND RATED 500 kVA AND SMALLER
26 22 13 - 3
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Wharton ISD
SECTION 26 24 13
SWITCHBOARDS - 600 VOLT AND BELOW
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
This specification is intended for the installation of a switchboard for Wharton High School. Switchboard is
to be furnished by Wharton I.S.D., and installed by the contractor.
REFERENCE STANDARDS
A.
ANSI C37.13 - Low-Voltage AC Power Circuit Breakers.
B.
ANSI C37.13a - Low-Voltage AC Integrally Fused Power Circuit Breakers.
C.
ANSI C37.16 - Preferred Rating for Low-Voltage Power Circuit Breakers.
D.
ANSI C37.20 - Switchgear Assemblies Including Metal-Enclosed Bus.
E.
ANSI/NEMA PB2.1 - General Instructions for Proper Handling, Installation, Operation and Maintenance
of Deadfront Distribution Switchboards Rated 600 Volts or Less.
F.
ANSI/NFPA 70 - National Electrical Code.
G.
NEMA AB1 - Molded Case Circuit Breakers.
H.
NEMA FU1 - Low-Voltage Cartridge Fuses.
I.
NEMA KS1 - Enclosed Switches.
J.
NEMA KS2 - Bolted Pressure Contact Switches.
K.
NEMA PB1.2 - Application Guide for Ground Fault Protective Devices for Equipment.
L.
NEMA PB2 - Dead-Front Distribution Switchboards.
M.
NEMA SG3 - Low Voltage Power Circuit Breakers.
N.
NEMA SG5 - Power Switchgear Assemblies.
O.
UL 98 - Enclosed and Dead Front Switches.
P.
UL 489 - Molded Case Circuit Breakers and Circuit Breaker Enclosures.
Q.
UL 891 - Switchboards and Switchboard Unit Substations.
R.
UL 977 - Fused Power Circuit Devices.
SWITCHBOARDS
26 24 13 - 1
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Wharton ISD
PART 2 - P R O D U C T S
2.01
A.
DESCRIPTION
Switchboard furnished by the owner.
PART 3 - E X E C U T I O N
3.01
A.
3.02
A.
3.03
PROTECTION OF SWITCHBOARD
See Section 26 05 00, Common Work Results for Electrical, Article 3.01.
FOUNDATION PAD
Provide a foundation pad for the switchboard as specified in Section 26 05 00, Common Work Results for
Electrical. Secure the switchboard to the pad as recommended by the manufacturer. Include openings for
bottom feeds to the switchboard which are compatible with the equipment provided.
EQUIPMENT INSTALLATION
A.
Field Connections. Make field connections of buses between switchboard sections with splice bus and
hardware provided by the switchboard manufacturer.
B.
Equipment Settings. Properly set adjustable current and voltage settings as noted on shop drawing
submittals. Effectively accomplish grounding and bonding.
C.
Restoration. Restore all damaged surfaces to factory finish.
D.
Inspection. Thoroughly inspect the switchboard for items such as loose connections and presence of
foreign materials and remedy prior to energizing the switchboard. All bolted connections shall be torqued
to the manufacturer’s recommendations.
E.
Double Lugging. Double lugging on one protected device to feed two separate loads will not be permitted.
3.04
TESTING
A.
After installation and before acceptance by the Owner, provide the services of a testing organization
(independent from the Contractor) to performance test all ground fault relays in accordance with NEC
paragraph 230-95. This test shall involve passing a primary current through the current sensor with a
suitable, low-voltage test set and timer, which shall allow verification that the ground fault relays track
their published curves and that they actually trip the devices on which they are applied. This test shall also
include the polarity of the current sensors and give an indication of satisfactory operation of voltmeters,
ammeters and their selector switches.
B.
Notify the Owner’s representative of this test date at least 2 weeks in advance so the tests can be properly
witnessed.
END OF SECTION
SWITCHBOARDS
26 24 13 - 2
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Wharton I.S.D.
SECTION 26 24 16
PANELBOARDS - DISTRIBUTION AND BRANCH CIRCUIT
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide distribution and branch circuit panelboards.
REFERENCE STANDARDS
A.
ANSI/UL 50 - Cabinets and Boxes.
B.
ANSI/UL 67 - Electric Panelboards.
C.
ANSI/UL 508 - Industrial Control Equipment.
D.
NEMA AB 1 - Molded Case Circuit Breakers and Molded Case Switches.
E.
NEMA AB 3 - Molded Case Circuit Breakers and Their Application.
F.
NEMA PB 1 - General Instructions for Proper Handling, Installation, Operation and Maintenance of
Panelboards Rated 600 Volts or Less.
G.
NFPA 70 - National Electrical Code (NEC).
1.03
SUBMITTALS
A.
Provide product data on panelboards, circuit breakers and remote control switches.
B.
Provide shop drawings with a schedule for each panelboard which indicates the circuit breaker
arrangement and other pertinent features. Panelboard schedules must be identical to the schedules in
the project documents unless there is a technical reason there must be a deviation. Submitted
panelboard schedules must also contain confirmation of panelboard characteristics.
C.
Shop drawings shall also provide the following information:
1.
Breaker layout drawing with dimensions indicated and nameplate designation.
2.
Component list.
3.
Assembly ratings including:
a.
Short-circuit rating.
b.
Voltage.
c.
Continuous current.
4.
Cable terminal sizes.
1.04
A.
QUALITY ASSURANCE
The manufacturer of the panelboard shall be the manufacturer of the major components within the
assembly, including circuit breakers and fusible switches.
PANELBOARDS - DISTRIBUTION AND BRANCH CIRCUIT
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Wharton I.S.D.
PART 2 - P R O D U C T S
2.01
A.
2.02
MANUFACTURER
Eaton, General Electric, Square D, or Siemens.
ENCLOSURE
A.
Cabinet. Construct cabinets in accordance with UL 50. Use not less than 16-gauge galvanized sheet
steel. Provide a minimum 4-inch gutter wiring space on each side. Reinforce cabinets and securely
support bus bars and overcurrent devices to prevent vibration and breakage in handling. Provide
cabinets without conduit knockouts. All conduit knockouts shall be made in the field. Surfacemounted panelboards in finished spaces shall have cabinet finishes to match doors and trim as specified
below. In unfinished areas such as mechanical and electrical rooms, galvanized sheet steel cabinets are
sufficient, provided galvanizing occurs after components are cut or sheared.
B.
Doors and Trim. Fabricate doors and trim of “door-in-door” construction. The outer door shall have a
continuous piano hinge on the right side and shall provide full access to the cabinet interior. The inner
door shall have a continuous piano hinge on the right side and shall provide access only to circuit
breaker operating handles. Fabricate doors and trim of cold-rolled sheet steel. Equip inner doors with
flush-type combination catch and key lock. Key all locks alike. Fasten trim for panelboards to cabinets
by an approved means which permits both horizontal and vertical adjustment. Trim for surfacemounted panelboards must fit the cabinet with no overhang.
C.
Finish. Apply a finish to trim and doors consisting of two coats of enamel over a rust-inhibiting prime
coat. Exterior finish shall be gray ANSI 61 paint. Interior finish shall be flat (non-gloss) white.
D.
Provide NEMA1 cabinets in interior dry locations, and NEMA3R/12 cabinets in interior wet and
exterior locations.BUS
A.
Fabricate phase, neutral and ground buses of 98 percent IACS conductivity copper with rounded edges.
Size bars as indicated and brace them to withstand symmetrical short circuit current as indicated on
drawings. Install buses in allotted spaces so that devices can be added without additional machining,
drilling or tapping. Use buses with silver-plated contact surfaces. Include copper neutral and ground
buses rated not less than the phase bus ampacity.
B.
Where isolated ground buses are specified or indicated, provide copper grounding busbars or lugs
mounted in the panelboard on insulated standoffs to ensure isolation from equipment ground potential.
Isolated ground buses shall be drilled and tapped as appropriate for connection of the individual isolated
grounding conductors.
2.04
PROTECTIVE DEVICES
A.
Provide circuit breakers for the specified service with the number of poles, ampere and short circuit
ratings indicated on panelboard schedules.
B.
Provide breakers which are quick-make and quick-break on both manual and automatic operation. Use
a trip-free breaker which is trip indicating. Incorporate inverse time characteristic by bimetallic
overload elements and instantaneous characteristic by magnetic trip. Where indicated, provide ground
fault interrupters (GFCI).
PANELBOARDS - DISTRIBUTION AND BRANCH CIRCUIT
26 24 16 - 2
05-08-15
Wharton I.S.D.
C.
For 2-pole and 3-pole breakers, use the common-trip type so that an overload or fault on one pole will
trip all poles simultaneously. Handle ties are not acceptable.
D.
Unless otherwise indicated on panelboard schedules, provide circuit breakers with the following
interrupting ratings:
1.
22,000 rms symmetrical amperes at rated voltage for breakers rated 120/208 volts, single pole, or
208 volts, multipole.
2.
25,000 rms symmetrical amperes at rated voltage for breakers rated 277 volts, single pole, or 480
volts, multipole.
E.
Connect breakers to the main bus by means of a solidly bolted connection. Use breakers which are
interchangeable, capable of being operated in any position within the panel. Independently mount
breakers so that a single unit can be removed from the front of the panel without disturbing or removing
main bus, other units or other branch circuit connections.
F.
Cable lugs shall be copper or bronze.
2.05
A.
2.06
A.
2.07
A.
CIRCUIT IDENTIFICATION
For each panelboard, provide a steel directory frame mounted inside the door with a heat-resistant
transparent face and a directory card for identifying the loads served. Type directory as specified in
Section 26 05 00 under Article 3.03.
LISTING
UL 67 - Electric Panelboards.
SURGE PROTECTIVE DEVICE (SPD)
Provide integral SPD per Section 264300, Surge Protective Device (SPD) - 600 Volt and Below.
PART 3 - E X E C U T I O N
3.01
INSTALLATION
A.
Install panelboards in the locations shown and as recommended in NEMA PB1.
B.
Install the panelboards such that the center of the switch or circuit breaker in the highest position will
not be more than 6-1/2 feet above the floor or working platform.
3.02
PROTECTION
A.
Temporary Doors. Panelboard cabinets shall be protected by a temporary door until the panelboard is
energized. Temporary doors shall be 1/4-inch-thick plywood or equivalent rigid material. Temporary
doors shall be installed when the cabinet is installed and shall remain closed at all times except when
work is being performed inside the panelboard.
B.
Permanent Doors and Trim. Permanent doors and trim shall be installed immediately before
panelboards are energized. Permanent doors and trim shall be maintained in factory condition after
PANELBOARDS - DISTRIBUTION AND BRANCH CIRCUIT
26 24 16 - 3
05-08-15
Wharton I.S.D.
installation. Doors shall remain closed at all times except when the panelboard is deenergized and work
is taking place within the panelboard.
C.
Cabinets. Cabinet interiors shall be maintained “white glove” clean at all times. Cabinet exteriors shall
be maintained free of mud, spray-on insulation, paint spray and all substances not placed on the exterior
surface by the panelboard manufacturer.
END OF SECTION
PANELBOARDS - DISTRIBUTION AND BRANCH CIRCUIT
26 24 16 - 4
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Wharton I.S.D.
SECTION 26 28 13
FUSES - 600 VOLT AND BELOW
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide low-voltage fuses rated 600 volts and below, 6000 amperes and below.
REFERENCE STANDARDS
A.
ANSI/NEMA FU 1 - Low Voltage Cartridge Fuses.
B.
ANSI/UL 198C - High-Interrupting-Capacity Fuses, Current-Limiting Type.
C.
ANSI/UL 198D - Class K Fuses.
D.
ANSI/UL 198E - Class R Fuses.
1.03
A.
1.04
A.
SUBMITTALS
Provide product data on fuses.
ATTIC STOCK
As spares, provide the greater amount of either three fuses or 10 percent of each size and type installed.
Deliver the spare fuses to the Owner at the time of final acceptance of the project. Neatly encase the
spare fuses in suitable containers or cabinets.
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
2.03
A.
MANUFACTURER
Low voltage fuses shall be products of a single manufacturer. Acceptable manufacturers include
Bussman, Gould (Shawmut) and Littelfuse.
VOLTAGE
Provide fuses with a voltage rating suitable for the nominal voltage of the system in which they are to
be applied.
TYPES
Time Delay Fuses. Unless otherwise indicated, provide UL Class RK-5 time delay, current limiting
fuses having 200,000 rms symmetrical amperes interrupting rating. Use on all 600-ampere or smaller
circuits supplying individual motors and transformers, and where otherwise indicated.
FUSES - 600 VOLT AND BELOW
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B.
Non-Time Delay Fuses. Fuses indicated by “K-1” on the drawings are UL Class RK-1 non-time delay
having 200,000 rms symmetrical amperes interrupting rating. Use on all 600-ampere or smaller circuits
supplying branch circuit panelboards, resistance heating and where otherwise indicated.
C.
Class L Fuses. Fuses rated 601-6000 amperes are UL Class L with 200,000 rms symmetrical amperes
interrupting rating.
PART 3 - E X E C U T I O N
3.01
INSTALLATION
A.
Instructions. Follow the manufacturer’s installation instructions.
B.
Fuse Clips. Check fasteners on fuse clips for tightness when installing fuses.
C.
Labels. Install fuses so label is in an upright, readable position. Fuses without labels are not
acceptable.
END OF SECTION
FUSES - 600 VOLT AND BELOW
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SECTION 26 28 16
ENCLOSED SAFETY SWITCHES
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide enclosed safety switches.
REFERENCE STANDARDS
A.
ANSI/UL 98 - Enclosed and Dead-Front Switches.
B.
NEMA KS 1 - Enclosed and Miscellaneous Distribution Equipment Switches.
1.03
A.
SUBMITTALS
Provide product data on each type and rating of switch.
PART 2 - P R O D U C T S
2.01
A.
2.02
MANUFACTURER
Eaton, General Electric Company, Hubbell, Klockner-Moeller, Square D, Siemens
CHARACTERISTICS
A.
Voltage. Provide switches with a voltage rating of 250 volts d-c, 240 volts or 600 volts a-c, as required
for the installed system voltage.
B.
Type. Provide switches conforming to NEMA KS 1 standard for Type HD (heavy duty).
C.
Contacts. Provide switches with quick-make, quick-break contacts.
D.
Poles. Unless otherwise shown, provide 3-pole, visible blade switches.
2.03
CONSTRUCTION
A.
Enclosure. Provide NEMA 1 switch enclosures for indoor dry locations and NEMA 3R for outdoor
locations unless otherwise shown.
B.
Operating Handle. Provide a handle suitable for padlocking in the OFF position with as many as three
padlocks of 5/16-inch diameter shank. Use a defeatable, front accessible, coin-proof door interlock to
prevent opening the door when the switch is in the ON position and to prevent turning the switch ON
when the door is open.
C.
Terminal Shield. Provide incoming line terminals with an insulated shield so that no live parts are
exposed when the door is open.
ENCLOSED SAFETY SWITCHES
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D.
Neutral. Provide each switch with an isolated, fully rated neutral block. Make provisions for bonding
the block to the enclosure.
E.
Ground. Provide each switch with a ground lug.
F.
Fuse Holders. Where fusible switches are shown, provide switches with rejection-type fuse holders
which are suitable for use with fuses specified under Section 26 28 13, Fuses - 600 Volt and Below.
G.
Nameplates. Provide metal nameplates, front cover mounted, that indicates the switch type, catalog
number and horsepower rating (with both standard and time delay fuses).
2.04
A.
2.05
A.
LISTING
UL 98 - Safety Standard for Enclosed Switches.
MANUAL MOTOR STARTERS
Provide line voltage manual motor starters for single-phase motors as indicated on the drawings.
Include bimetallic thermal overload protection in each ungrounded phase leg. Provide the toggleoperated starter in a NEMA 1 enclosure unless otherwise indicated
PART 3 - E X E C U T I O N
3.01
A.
INSTALLATION
Install switches where indicated on drawings. In general, mount so that operating handle is
approximately 44 inches above finished floor. Where grouped, align tops of switches.
END OF SECTION
ENCLOSED SAFETY SWITCHES
26 28 16 - 2
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SECTION 26 43 00
SURGE PROTECTIVE DEVICE (SPD) 600 VOLT AND BELOW
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide Surge Protective Device (SPD) equipment having electrical characteristics, ratings and
modifications as shown on the contract drawings and specified herein.
REFERENCE STANDARDS
A.
The SPD units and all components shall be designed, manufactured, tested and installed in accordance
with the latest applicable standards of the following:
1.
ANSI/IEEE C62.41 and C62.45.
2.
ANSI/IEEE C62.1 and C62.11.
3.
National Electrical Manufacturers Association (NEMA LS1 Guidelines).
4.
National Fire Protection Association (NFPA 70 [NEC], 75, and 78).
5.
Underwriters Laboratories (UL 1449, UL 1283 and UL 845).
6.
Underwriters Laboratories (UL 489 and UL 198).
B.
The unit shall be UL 1449 Listed and CUL Approved as a SPD and UL 1283 Listed as an
Electromagnetic Interference Filter.
C.
The UL 1449 suppression voltage ratings (SVR) shall be permanently affixed to the SPD unit.
1.03
A.
SUBMITTALS
Submit the following information for review/approval:
1.
Descriptive bulletins.
2.
Product sheets.
3.
Verification that the SPD device complies with the required UL 1449 and UL 1283 suppression
voltage ratings (SVR).
4.
Actual let-through voltage test data for both the ANSI/IEEE C62.41 Category C3 (combination
wave) and B3 (ringwave) tested in accordance with ANSI/IEEE C62.45.
5.
UL 1449 Listing/Clamp Voltages. Manufacturer shall provide data showing UL 1449 product
listing. Manufacturer shall also submit certified documentation of applicable Location Category
Testing in full compliance with NEMA LS 1, paragraphs 2.2.10 and 3.10.
6.
Single Pulse Surge Current Capacity Testing. Certified documentation of the unit’s NEMA LS-1
Single Pulse Surge Current Capacity Testing shall be included in the submittal.
7.
Minimum Repetitive Surge Current Capacity Testing. Certified documentation of the unit’s
ANSI/IEEE C62.41 and ANSI/IEEE C62.45 Minimum Repetitive Surge Current Capacity
Testing shall be included in the submittal.
8.
Spare Parts. A list of customer-replaceable spare parts shall be included in the submittal and with
each unit delivered. All spare parts shall be quickly and easily field-replaceable.
9.
Electrical/mechanical drawings showing unit dimensions, weights, installation instruction details,
and wiring configuration.
SURGE PROTECTIVE DEVICE
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10.
B.
1.04
A.
1.05
A.
Test report from a recognized independent testing laboratory verifying the suppressor
components can survive published surge current rating on a per mode and per phase basis using
the IEEE C62.41, 8 x 20 microsecond current wave.
Submit the following information for record purposes at closeout:
1.
O&M Manual. The manufacturer shall furnish with the submittal and with each unit delivered an
equipment manual that details the installation, operation, recommended renewal parts list, and
maintenance instructions for the specified unit.
2.
Drawings. Electrical and mechanical drawings shall be provided by the manufacturer with the
submittal and with each unit delivered that show unit dimensions, weights, mounting provisions,
connection details and layout diagram of the unit. Include as-built information. Provide
drawings with equipment manual.
QUALITY ASSURANCE
The manufacturer of this equipment shall have produced similar electrical equipment for a minimum
period of 5 years. A list of installations with similar equipment shall be provided demonstrating
compliance with this requirement.
EXTENDED WARRANTY
The manufacturer shall provide a full 5-year warranty, which shall initiate after the Owner has accepted
the testing results and taken possession of the equipment, against any SPD part failure when installed in
compliance with manufacturer’s written instructions and applicable national and local electric codes.
PART 2 - P R O D U C T S
2.01
MANUFACTURER
A.
Eaton, General Electric, Square D, or Siemens.
2.02
SURGE PROTECTIVE DEVICE - GENERAL
A.
Surge Protective Device (SPD) equipment shall meet all ratings and features specified herein.
B.
Electrical Requirements.
1.
Unit Operating Voltage. Refer to drawings for operating voltage and unit configuration.
2.
Maximum Continuous Operating Voltage (MCOV). The MCOV shall be greater than 115% of
the nominal system operating voltage.
3.
Operating Frequency. Range shall be 47 to 63 hertz.
4.
Protection Modes. For a wye configured system, the device shall have directly connected
suppression elements between line-neutral (L-N), line-ground (L-G), and neutral-ground (N-G).
For a delta configured system, the device shall have suppression elements between line to line
(L-L) and line to ground (L-G).
SURGE PROTECTIVE DEVICE
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5.
6.
UL 1449 2nd Edition SVR. The maximum UL 1449 2nd Edition suppression voltage ratings
(SVR) for the device shall not exceed the following:
Models
208Y/120
480Y/277
L-N, L-G, N-G
330V
800V
L-L, L-G
700V
1500V
ANSI/IEEE Cat C3 Let-Through Voltage. The let-through voltage based on IEEE C62.41 and
C62.45 recommended procedures for Category C3 surges (20 kV, 10 kA) shall be less than:
Models
208Y/120
480Y/277
L-N
7.
9.
10.
C.
900V
ANSI/IEEE Cat. B3 Let-Through Voltage. Let-through voltage based on IEEE C62.41 and
C62.45 recommended procedures for the ANSI/IEEE Cat. B3 ringwave (6 kV, 5000 amps) shall
be less than:
Models
208Y/120
480Y/277
L-N
8.
470V
150V
200V
Surge Current Capacity. Total surge current per phase (based on an 8x20 microsecond
waveform) that the device is capable of surviving shall not be less than value listed below for
each piece of equipment.
SPD Location
Surge Current Capacity per Phase
SWBD “A”
320 KA
Withstand. Each unit must be capable of surviving the following without failure degradation
(>10%):
a.
Service Entrance Location. 10,000 ANSI/IEEE C62.41 Category C3 (20 kV, 10 kA).
b.
Branch (downstream). 8,000 ANSI/IEEE C62.41 Cat. C3 (20 kV, 10 kA).
Let-through voltage results shall be measured at the service entrance lugs.
SPD Design.
1.
High Performance Suppression System. Include an engineered solid-state high performance
suppression system, utilizing arrays of fused non-linear voltage dependent metal oxide varistors.
The suppression system components shall optimally share surge currents in a seamless, low-stress
manner assuring maximum performance and proven reliability. The suppression system shall not
incorporate components which may degrade performance or long-term reliability of the
suppression system. Suppression system shall reduce transient levels and provide protection for
sensitive electronics susceptible to catastrophic or long-term damage.
2.
Electrical Noise Filter. Include a high-performance EMI/RFI noise rejection filter. Noise
attenuation for electric line noise shall be greater than or equal to 55 dB at 100 kHz using the
MIL-STD-220A insertion loss test method. The unit shall be complementary listed to UL 1283.
3.
Internal Connections. No plug-in component modules or printed circuit boards shall be used as
surge current conductors. All internal components shall be hardwired with connections utilizing
low impedance copper conductors and compression fittings.
4.
Remote Status Monitor. The SPD device shall include form C dry contacts (one NO and one NC)
for remote annunciation of unit status. The remote alarm shall change state upon detection of a
fault condition.
5.
Thermal Protection. Each suppression MOV shall be provided with thermal detection circuit to
protect from overheating due to thermal runaway.
6.
Diagnostics. Provide unit with following diagnostic features:
a.
Audible alarm with silence, reset and test feature.
b.
Indicator lights per phase.
SURGE PROTECTIVE DEVICE
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7.
2.03
A.
c.
System fault indicator (service indicator).
d.
Surge counter.
Disconnecting Means. Provide circuit breaker or disconnect for servicing of SPD unit.
FACTORY TESTING
Each unit shall be thoroughly factory tested before shipment. Testing of each unit shall include but
shall not be limited to UL manufacturing and production-line tests, quality assurance checks, MCOV
and clamping voltage verification tests. All tests shall be in accordance with the latest version of
NEMA and UL standards.
PART 3 - E X E C U T I O N
3.01
INSTALLATION
A.
All SPD’s shall be integrally installed inside the switchboards and panelboards at the manufacturer’s
factory. Refer to Section 26 24 13, Switchboards - 600 Volt and Below and Section 26 24 16 Panelboards - Distribution and Branch Circuit.
B.
All units shall be internally fused with 200 kAIC fuses.
C.
Provide SPD’s on switchboards as indicated on one-line diagrams. Provide TVSS’s on panelboards as
indicated on panel schedules
END OF SECTION
SURGE PROTECTIVE DEVICE
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SECTION 26 50 00
LIGHTING FIXTURES AND LAMPS
PART 1 - G E N E R A L
1.01
A.
1.02
SUMMARY
Provide lighting fixtures, complete with lamps and other accessories.
DEFINITIONS
A.
CCT: Correlated color temperature.
B.
CRI: Color Rendering Index.
C.
Fixture: See "Luminaire."
D.
IP: International Protection or Ingress Protection Rating.
E.
LED: Light-emitting diode.
F.
Lumen: Measured output of lamp and luminaire, or both.
G.
Luminaire: Complete lighting unit, including lamp, reflector, and housing
1.03
REFERENCE STANDARDS
A.
General:
1.
The following documents form part of the Specifications to the extent stated. Where differences
exist between codes and standards, the one affording the greatest protection shall apply.
2.
Unless otherwise noted, the referenced standard edition is the current one at the time of
commencement of the Work.
3.
Refer to Division 26 Section "Common Results for Electrical" for codes and standards, and other
general requirements
B.
ANSI C78 Series - Lamps.
C.
ANSI C82 Series - Ballasts.
D.
ANSI/UL 844 - Electric Lighting Fixtures for Use in Hazardous (Classified) Locations.
E.
ANSI/UL 935 - Fluorescent-Lamp Ballasts.
F.
ANSI/UL 1029 - High-Intensity-Discharge Lamp Ballasts.
G.
ANSI/UL 1570 - Fluorescent Lighting Fixtures.
H.
ANSI/UL 1571 - Incandescent Lighting Fixtures.
LIGHTING FIXTURES AND LAMPS
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I.
ANSI/UL 1572 - High-Intensity-Discharge Lighting Fixtures.
J.
ANSI/UL 1574 - Track Lighting Systems.
K.
EPA SW 846 - Test Methods for Evaluating Solid Waste.
L.
NEMA LE 1 - Fluorescent Luminaires.
M.
NFPA 70 - National Electrical Code (NEC).
N.
NFPA 101 – Life Safety Code
O.
UL 57 - Electric Lighting Fixtures.
P.
UL listed – LED light fixture
1.04
A.
SUBMITTALS
Product Data: For each type of product.
1.
2.
3.
4.
5.
6.
Arrange in order of luminaire designation.
Include data on features, accessories, and finishes.
Include physical description and dimensions of luminaires.
Include emergency lighting units, including batteries and chargers.
Include life, output (lumens, CCT, and CRI), and energy efficiency data.
Photometric data and adjustment factors based on laboratory tests complying with IESNA
Lighting Measurements Testing and Calculation Guides, of each lighting fixture type. The
adjustment factors shall be for lamps and accessories identical to those indicated for the lighting
fixture as applied in this Project.
a.
Manufacturers' Certified Data: Photometric data certified by manufacturer's laboratory with
a current accreditation under the National Voluntary Laboratory Accreditation Program for
Energy Efficient Lighting Products.
b.
Testing Agency Certified Data: For indicated luminaires, photometric data certified by a
qualified independent testing agency. Photometric data for remaining luminaires shall be
certified by manufacturer
PART 2 - P R O D U C T S
2.01
A.
2.02
A.
LIGHTING FIXTURES
General. Descriptions, type letters, manufacturers' names and general characteristics are shown on the
drawings. Manufacturers' names noted are for defining quality of construction only and do not limit
other manufacturers' products
LAMPS
General. Provide lamps for all new and relocated lighting fixtures. Provide Sylvania, General Electric,
Phillips, or equal lamps of size and types as indicated on the drawings. Lamps shall be operating before
final review of the work is requested. Fluorescent lamps shall be tri-stimulus 3500˚K color
LIGHTING FIXTURES AND LAMPS
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B.
LED lamp-life hour is approximately 50,000 hours.
C.
Fluorescent Rapid-Start Lamps. Sylvania “Octron” T-8 lamps or approved substitution (F017/841,
F032/841, etc.), minimum CRI of 85. If different lamp manufacturers are submitted, no noticeable
difference in color temperature shall be allowed. All T-8 fluorescent lamps shall have a color
temperature of 3500K.
D.
Environmental. Lamps shall pass the federal TCLP test in effect at the time of manufacture.
2.03
LED DRIVER
A.
LED driver shall be installed in an electrical enclosure.
B.
Wiring inside enclosure shall comply 600V/105 degrees rating or higher.
C.
LED driver shall comply with UL standard UL1012.
D.
LED driver shall have Class A sound rating.
E.
LED driver shall be UL certified for use in a dry or damp location.
F.
LED driver shall tolerate sustained open circuit and short circuit output conditions without damage.
G.
LED driver shall comply with the requirements of the FCC rules and regulations, Title 47 CFR Part 15
Non-Consumer (Class A).
2.04
LIGHT EMITTING DIODE (LED) FIXTURES
A.
Luminaires shall be controlled by photocells or automatic profile dimming & motion response override
as required by the design.
B.
Outdoor luminaires shall have provisions for house side shield to prevent glare to uphill neighbors.
C.
Luminaire shall have door frame and lens with LED arrays and integral airflow ventilation system.
D.
Pole mounted lights shall have in line/in pole fusing.
E.
The lighting system shall consist of the type and manufacturer as shown on the drawings or approved
equal. If other than fixture shown is submitted complete illumination calculations are required to show
equality
2.05
A.
BALLASTS
Manufacturer.
1.
Fluorescent.
a.
Rapid Start. Advance Powrkut, Magnetek Universal Plus, or Valmont Opti-Miser.
a.
Rapid Start Electronic. Advance, Magnetek, Osram-Sylvania, Valmont, and the listed
fixture manufacturer.
b.
Trigger Start. Advance, Jefferson, or Universal.
c.
Slimline. Advance, Jefferson, or Universal.
LIGHTING FIXTURES AND LAMPS
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2.
3.
Mercury and Metal Halide. Advance, Jefferson, Sola, Valmont and the listed fixture
manufacturer.
High-Pressure Sodium. Advance, Jefferson, Sola, Valmont and the listed fixture manufacturers.
B.
General. Provide lighting fixture ballasts as required.
C.
Fluorescent. Except for compact fluorescent fixtures, provide fixtures with Class P ballasts with high
power factor and Class A sound ratings. Use ballasts tested or approved by Electrical Testing
Laboratories and Certified Ballast Manufacturers.
C.
Ballasts for T-8 Lamps.
1.
All shall be high frequency (20 kHz or greater) electronic type.
2.
All ballasts shall have a TDH (total harmonic distortion) of less than 20 percent.
3.
All ballasts shall have a power factor greater than or equal to 90 percent.
4.
Ballasts shall operate with “OCTIC” type lamps (265 mA).
5.
Unless noted otherwise (i.e. dual switching, etc.), provide one ballast per fixture.
6.
Ballasts shall be Class P thermally protected and individually fused on the line side of the ballast.
7.
Ballasts shall include a 5-year manufacturer’s warranty. Warranty shall include ballast
replacement labor allowance.
8.
Ballasts shall meet FCC requirements governing electromagnetic and radio frequency
interference.
D.
Ballasts for HID Lamps. HID ballast shall be of the lead-peak autotransformer type for metal halide
lamps. Ballast shall start and operate the lamp at ambient temperatures ranging from minus 20°F to
105°F. All ballasts shall be encased and potted, individually fused on the line side of the ballast, and
shall have automatic thermal protection, and high power factor, minimum of 90 percent.
D.
Mercury and Metal Halide. Provide constant wattage ballasts with high power factor.
E.
High-Pressure Sodium. Provide constant wattage ballasts with high power factor. Ballasts must be
suitable for operation in ambient temperature of 55°C.
F.
Ballast for Dimming. Where dimming control is specified, the dimming control and ballasts shall be
designed to operate together, shall be compatible, and shall utilize ballasts recommended by the dimmer
control manufacturer.
2.06
EMERGENCY BALLASTS
A.
Manufacturers. Bodine, and the listed fixture manufacturers.
B.
Where indicated on drawings, provide fixtures with emergency ballasts. Emergency ballasts shall
automatically provide for 90 minutes of illumination in the event of loss of normal power to the
building.
C.
In general, provide emergency ballasts for the following fixtures:
1.
Night lights.
2.
Fixtures mounted in interior stairwells.
3.
Exterior step lights.
LIGHTING FIXTURES AND LAMPS
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2.07
A.
LENS
Lenses for fluorescent fixtures shall be virgin acrylic plastic and shall have a minimum thickness of
0.125 inch, unless otherwise indicated.
PART 3 - E X E C U T I O N
3.01
A.
3.02
COORDINATION
Install lighting fixtures in accordance with manufacturer’s written instructions, NEC and NECA.
Before placing order, field verify that the lighting fixtures are compatible with the existing ceiling
systems and walls. Regardless of the catalog number prefixes and suffixes shown, furnish fixtures with
the proper trim, frame, support, hangers, ballasts, voltage rating, and other miscellaneous appurtenances
to properly coordinate with building conditions. If a fixture type designation is omitted, furnish fixture
of the same type as shown for rooms of similar usage. Confirm with Owner’s Representative.
FIXTURE INSTALLATION
A.
Fixture Location: Locations shown are approximate only. Install at locations shown on drawings and
as required to coordinate with tile patterns, architectural features, and Mechanical Work. In mechanical
rooms, locate to clear mechanical installations
B.
Fixtures must be completely wired and lamps installed. Lighting fixtures must be operating properly at
final completion.
C.
Provide hangers and support members for fixtures as required for proper installation. Provide
appurtenances which include stud supports, stems, mounting brackets, frames and plaster rings.
D.
Support fixtures from the building structure or from furring channels. Furring channels must be a
minimum size of 1-1/2 inches. Fixtures in suspended ceilings shall be supported in accordance with
NEC 410-16.
E.
Flexible metal conduit from junction box to lighting fixture shall not touch the ceiling as finally
installed.
F.
Outdoor pole mounted: Provide foundations for all fixtures requiring such. Poles shall be set plumb.
END OF SECTION
LIGHTING FIXTURES AND LAMPS
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SECTION 33 71 19
ELECTRICAL UNDERGROUND DUCTS AND PULLBOXES
PART 1 - G E N E R A L
1.01
REFERENCE STANDARDS
A.
ANSI C80.1 - Specifications for Zinc-Coated Rigid Steel Conduit.
B.
ANSI/UL 651 - Schedule 40 and 80 Rigid PVC Conduit.
C.
ANSI/NEMA TC 8 - Extra Strength PVC and ABS Plastic Utilities Duct for Underground Installation.
D.
ANSI/NEMA TC 9 - Fittings for ABS and PVC Plastic Utilities Duct for Underground Application.
E.
ASTM D 570 - Section 5, 6.1, 6.5, Water Absorption.
F.
ASTM D 635 - Flammability Test.
G.
ASTM D 756 - Procedure E, Accelerated Service Exposure.
H.
ASTM D 790 - Flexural Properties.
I.
ASTM G 53 - Recommended Practice for Operating Light B and Water-Exposure of Non-Metallic
Materials (with a UVA 340 bulb).
PART 2 - P R O D U C T S
2.01
A.
2.02
PLASTIC DUCTS AND FITTINGS
Unless otherwise noted, provide ducts which conform to the requirements for Type DB (per NEMA
TC 8). Provide fittings of the same type material as the ducts.
CONDUIT RISERS AND BENDS
A.
Conduit. Same as rigid metal conduit, specified in Section 260533, plus factory applied, 40 mil thick
covering of polyvinyl chloride (PVC) bonded to the metal.
B.
Fittings. Same as rigid metal conduit fittings, specified in Section 260533, plus factory applied, 40 mil
thick covering of polyvinyl chloride (PVC) bonded to the metal
2.03
CONCRETE FOR DUCT BANKS
A.
Compressive Strength. 2500 psi at 28 days.
B.
Slump. Not exceeding 6 inches.
C.
Aggregate Size. Maximum of 3/4 inch.
ELECTRICAL UNDERGROUND DUCTS AND PULLBOXES
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D.
2.04
Additive. Red ferrous oxide concrete coloring pigment mixed at the rate of 1-1/2 pounds per sack of
cement.
CONCRETE FOR PULLBOXES
A.
Aggregates. All aggregates fine and coarse, other than lightweight aggregate, shall conform to
specifications outlined by ASTM C 33-64. Lightweight aggregates fine and coarse shall conform to the
specifications outlined by ASTM C 330-64T. Aggregates shall be free of deleterious substances
causing reactivity with oxidized hydrogen sulfide. Both types of aggregate shall be graded in a manner
so as to produce a homogeneous concrete mix. All materials are to be accurately weighed at a central
batching facility for mixing.
B.
Cement. All cement shall be Portland cement conforming to ASTM C 150, Type I or III. Cement
content shall be sufficient to produce minimum strength of 4500 psi, or other design strengths required.
2.05
A.
2.06
REINFORCING STEEL
All reinforcing steel, including welded wire mesh, shall be of the size and in the location as shown on
the drawings. Bars other than 1/4-inch round, or smaller, shall be deformed in accordance with ASTM
A 615, Grade 60 (#3 bars may be Grade 40).
PULLBOXES AND COVERS
A.
Manufacturers. Brooks Products, Old Castle, or “Quazite” by Strongwell.
B.
General.
1.
The boxes and covers shall be designed to be installed flush to grade with the cover fitting flush
to the box.
2.
The boxes and covers shall be capable of withstanding normal shipping and installation practices
with no chipping, cracking, or loss of structural integrity.
C.
Covers.
1.
The covers shall be skid resistant and have a minimum coefficient of friction of 0.50 on the top
surface for the life of the cover. Coatings will not be approved.
2.
The cover logo shall be recessed into the cover and shall read AElectrical" or "Control@, as
applicable.
3.
The lockdown mechanism shall be capable of withstanding a minimum torque of 30 foot-pounds.
All inserts and fasteners shall be of stainless steel.
D.
Boxes.
1.
All boxes shall be manufactured with the use of male/female molds to ensure consistent wall
thickness and structural strength.
2.
The boxes shall be nestable for ease in transportation and storage.
3.
Provide cable support and inserts for fiber-optic and copper UTP cable bundles.
E.
Size. The boxes and covers covered by this specification shall have minimum cover dimensions of 17
inches by 30 inches and a minimum box depth of 30 inches, unless shown otherwise. Provide boxes
sized for conductor fill, bending space and work space per NEC 370.
2.07
A.
MATERIAL REQUIREMENTS FOR PULLBOXES
The material specimen samples shall have the following characteristics:
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Material
Designation
Compressive
Strength
Tensile
Strength
Flexural
Strength
Standard Weight
11,000 psi
1,700 psi
7,500 psi
B.
Refer to Article 1.02, paragraphs E through I. Except for the flammability test, the minimum materials
acceptance criteria shall be: retention of 75% of the control specimen values for load and deflections,
no more than 2% change in weight or any dimension, no visual cracking, crazing, checking, blistering,
or surface pitting. For the flammability test, the burning rate must be less than 0.3 inches in length for
each 0.1 inches of thickness.
C.
The material shall be tested according to the requirements of ASTM D 543, Section 7, Procedure 1, for
chemical resistance, using the following chemicals in the concentrations noted:
Chemical
Sodium Chloride
Sulfuric Acid
Sodium Carbonate
Sodium Sulfate
Hydrochloric Acid
Sodium Hydroxide
Acetic Acid
Kerosene
Transformer Oil
D.
Concentrated
5%
0.1 N
0.1 N
0.1 N
0.2 N
0.1 N
5%
Per ASTM D543
Per ASTM D543
Design Loads.
1.
Design loads shall consist of dead load, live load, impact and, in addition, loads due to water
table, and any other loads which may be imposed upon the structure.
2.
Live loads shall be for HS-20-44 per AASHTO Standard Specifications for Highway Bridges
with revisions. Design wheel load shall be 16 kips. The live load shall be that loading which
produces the maximum shears and bending moments in the structure per ASTM C 857.
PART 3 - E X E C U T I O N
3.01
LOCATION AND INSPECTION
A.
Before beginning trenching operations, stake out the proposed duct bank routing and obtain approval of
the Owner/Architect/Engineer. After trenching has begun and before any ducts or conduits are placed,
notify the Architect/Engineer so that the trenching and installation may be inspected. Also notify the
Architect/Engineer prior to any placement of concrete for duct banks, so that he may observe the
placing.
B.
Pullboxes shall be installed in areas where no deliberate vehicular traffic is planned.
C.
Construct pullboxes approximately where shown on the drawings. Final location may be adjusted
slightly to fit actual field conditions. For locations not shown on drawings, provide pull-boxes every
100 feet in runs of direct-buried conduit. For straight runs of buried conduit, interval may be extended
to 200 feet between pullboxes. Coordinate interval with conduit and conductor supplier. Do not exceed
maximum pulling intervals recommended by manufacturers of fiber-optic and copper-conductor control
wires.
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D.
3.02
Before beginning excavation operations, stake out the proposed pullbox locations and obtain approval
of the Architect/Engineer.
EXCAVATION AND BACKFILL
A.
Excavation for Installation of Duct Banks. Form the trench bottom to follow closely the specified grade
for the duct banks.
B.
Backfill for Duct Banks. Trenches may be backfilled with excavated soil and supplemented as
necessary with select materials. Compact the backfill and mound slightly above natural grade.
C.
Excavation and Backfill for Pullboxes.
1.
Prepare a hole large enough to accommodate the outside dimensions of the pullbox as shown on
the drawings. Prior to setting, provide a minimum of 3 to 6 inches of sand or base material
suitable as base to receive the pullbox. The base material shall be compacted and graded level
and at proper elevation to receive the pullbox in relation to the conduit grade or ground cover
requirements as designated in the plans.
2.
Use excavated soil for backfill and supplement as necessary with select materials. Compact all
backfill and restore adjacent areas disturbed by excavation and backfilling operations to a
condition equal to the original.
D.
Restoration. Restore adjacent areas disturbed by trenching or backfilling to a condition equal to the
original.
3.03
PLACING OF DUCT BANKS
A.
Cover. Unless otherwise shown, provide a minimum 3 feet of earth cover.
B.
Grade. Place duct banks with a minimum grade of 4 inches per 100 feet. Grade between manholes may
be from one manhole to the next manhole or from a high point between manholes. Where terminating
ducts inside of buildings, always slope the grade away from building to the nearest manhole.
C.
Changes in Direction. Make changes in direction of runs exceeding a total of 10 degrees, either
horizontal or vertical, by using long radius bends. Long radius bends must have a minimum radius of
curvature of 25 feet and may be made up of one or more curved or straight sections. Manufactured
bends having a minimum radius of curvature of 6 feet may be used at the ends of duct runs which are
less than 100 feet in length.
D.
Joints. Make joints in ducts and conduits watertight, in accordance with manufacturer's
recommendations. Stagger joints in adjacent ducts and conduits a minimum of 6 inches. Make joints
between ducts and conduit with appropriate no-thread-to-threaded adapters.
E.
Spacing. Space ducts and conduits a minimum of 3 inches from adjacent ducts. Place spacers or
separators on not greater than 5-foot centers. Use spacers or separators made of plastic, concrete or
other suitable nonmetallic, nondecaying material.
F.
Termination.
1.
Manholes. Where ducts terminate in manholes, use end-bell fittings unless otherwise indicated.
2.
Buildings. Where ducts enter buildings 5 feet below grade or less, use end-bell fittings unless
otherwise indicated. Seal around all cables to prevent moisture entry into the building, utilizing
an approved encapsulating compound. Approved compounds are
.
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3.
G.
3.04
Unused Ducts. Plug all unused ducts utilizing expandable plugs manufactured by Condux or
approved substitution.
Concrete. Place concrete using chutes and tremies as necessary to limit the free drop of the mix to a
maximum of 2 feet. Carefully rod or vibrate the concrete to aid uniform encasement of the ducts.
Smooth the top of the pour with a float. Encase the duct in concrete with a minimum thickness of 3
inches unless otherwise indicated.
PLACING OF CONCRETE FOR PULLBOXES
A.
Formwork. All forms used in placing concrete shall be of metal and sufficiently designed and braced to
maintain their alignment under pressures of the concrete during placing. After concrete has been placed
and formwork has been removed, fill voids and properly patch concrete surfaces. After concrete has
been placed and formwork has been removed, fill voids and properly patch concrete surfaces.
B.
Reinforcing. Locate reinforcing steel as indicated on drawings. All reinforcing shall be sufficiently
tied to withstand any displacement during the pouring operation.
C.
Placing. All concrete shall be handled from the mixer or transport vehicle to the place of final deposit
in a continuous manner, as rapidly as practicable, and without segregation or loss of ingredients, until
the approved unit operation is completed. Concrete shall be placed in layers not over 2 feet deep. Each
layer shall be compacted by mechanical internal or external vibrating equipment. Duration of the
vibration cycle shall be limited to the time necessary to produce satisfactory consolidation without
causing objectionable segregation.
D.
Curing.
1.
For purposes of early reuse of forms, the concrete may be steam cured after an initial set has
taken place. The steam temperature shall not exceed 160 degrees, and the temperature shall be
raised from normal ambient temperatures at a rate not to exceed 40 degrees per hour.
2.
The steam cured unit shall not be removed from the forms until sufficient strength is obtained for
the unit to withstand any structural strain that may be subjected during the form stripping
operation. After the stripping of forms, further curing by means of water spraying or a membrane
curing compound may be used, and shall be of a clear or white type conforming to ASTM
C 309-58.
E.
Joint Sealants. Sealants used between the joints of the pullbox are at the Contractor’s discretion, unless
otherwise specified. If grout is used, it should consist of two parts plaster sand to one part cement with
sufficient water added to make the grout flow under its own weight. The grout should be poured into a
water-soaked groove, and filled to the top of groove in the previously set section. If mastic joint
compound is used, it should be placed along walls of the groove unless a double amount is to be used as
a further precaution against leakage. In this case, the mastic sealant should be placed on the two
shoulders of the groove.
3.05
A.
CLEANING
Thoroughly clean all ducts and conduits before placing. During construction and after the duct line is
completed, plug open ends of ducts and conduits to prevent the entrance of foreign matter. After the
duct line has been completed, pull a flexible mandrel through each duct and conduit. The mandrel must
not be less than 12 inches long with a diameter approximately 1/4 inch less than the inside diameter of
the duct or conduit. After cleaning, place in each duct and conduit a 600-pound tensile strength
minimum polypropylene pull line with a plastic tag on each end reading “Pulling Line.”
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B.
Before any equipment or cable is installed, remove all dirt and debris and pump out pullboxes so they
are free of standing water.
END OF SECTION
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