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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: (1867676236) 1 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: (1867676236) 2 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. / 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) 3 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 expires on 05/06/2016, and is not for resale. User Notes: (1867676236) 4 § 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: (1867676236) 5 § 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. User Notes: (1867676236) 6 .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) 7 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: (1867676236) 8 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: (1867676236) 9 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: (1867676236) 10 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: (1867676236) 1 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: (1867676236) 2 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: (1867676236) 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: (1867676236) 4 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: (1867676236) 5 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. User Notes: (1867676236) 1 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 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: (828715317) 1 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 expires on 05/06/2016, and is not for resale. User Notes: (828715317) 2 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 expires on 05/06/2016, and is not for resale. User Notes: (828715317) 3 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: (828715317) 4 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 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: (828715317) 5 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 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: (828715317) 6 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 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: (828715317) 7 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 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: (828715317) 8 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 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: (828715317) 9 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. User Notes: (828715317) 10 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. 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: (828715317) 11 § 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 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: (828715317) 12 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 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: (828715317) 13 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. 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: (828715317) 14 § 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 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: (828715317) 15 § 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. / 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: (828715317) 16 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 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: (828715317) 17 § 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 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: (828715317) 18 § 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. / 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: (828715317) 19 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 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: (828715317) 20 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. / 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: (828715317) 21 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. / 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: (828715317) 22 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. / 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: (828715317) 23 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. / 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: (828715317) 24 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. / 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: (828715317) 25 .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. / 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: (828715317) 26 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. / 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: (828715317) 27 § 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. / 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: (828715317) 28 § 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. / 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: (828715317) 29 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. / 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: (828715317) 30 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. / 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: (828715317) 31 § 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. / 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: (828715317) 32 § 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. 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: (828715317) 33 § 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. / 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: (828715317) 34 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. / 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: (828715317) 35 § 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. 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: (828715317) 36 § 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: (828715317) 37 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: (828715317) 38 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: (828715317) 39 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: (828715317) 40 § 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: (828715317) 41 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: (828715317) 42 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 expires on 05/06/2016, and is not for resale. User Notes: (828715317) 43 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. / 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: (828715317) 44 § 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. / 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: (828715317) 45 § 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. / 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: (828715317) 46 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. / 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: (828715317) 47 § 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. / 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: (828715317) 48 .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. / 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: (828715317) 49 § 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. / 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: (828715317) 50 § 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 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: (828715317) 51 § 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. / 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: (828715317) 52 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 1 § 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 2 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 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: (828715317) 3 … § 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 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: (828715317) 4 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 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: (828715317) 5 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 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: (828715317) 6 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 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: (828715317) 7 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 8 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 9 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 10 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 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: (828715317) 11 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 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: (828715317) 12 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. User Notes: (828715317) 13 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 14 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. User Notes: (828715317) 15 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 16 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 17 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 under Order No.3445098305_1 which expires on 05/06/2016, and is not for resale. User Notes: (828715317) 18 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, 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: (828715317) 19 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, 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: (828715317) 20 § 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 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: (828715317) 21 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 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: (828715317) 22 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, 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: (828715317) 23 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, 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: (828715317) 24 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 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: (828715317) 25 .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. User Notes: (828715317) 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. User Notes: (828715317) 27 § 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. User Notes: (828715317) 28 § 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. User Notes: (828715317) 29 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. User Notes: (828715317) 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 http://www.wdol.gov/wdol/scafiles/davisbacon/TX241.dvb?v=0 ---------------------------------------------------------------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: 2 of 5 Fringes 8.50 0.22 Mason Tender - Brick...$ 12.02 0.00 5/8/2015 11:38 AM http://www.wdol.gov/wdol/scafiles/davisbacon/TX241.dvb?v=0 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 3 of 5 5/8/2015 11:38 AM http://www.wdol.gov/wdol/scafiles/davisbacon/TX241.dvb?v=0 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 4 of 5 5/8/2015 11:38 AM http://www.wdol.gov/wdol/scafiles/davisbacon/TX241.dvb?v=0 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 � 5 of 5 5/8/2015 11:38 AM Wharton ISD 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 01 11 00 - 1 05-08-15 Wharton ISD 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 01 11 00 - 2 05-08-15 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 05-08-15 Wharton ISD 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 01 30 00 - 1 05-08-15 Wharton ISD 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 01 30 00 - 2 05-08-15 Wharton ISD PART 3 - E X E C U T I O N END OF SECTION ADMINISTRATIVE REQUIREMENTS 01 30 00 - 3 05-08-15 Wharton ISD 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 01 33 00 - 1 05-08-15 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 05-08-15 Wharton ISD 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 01 33 23 - 1 05-08-15 Wharton ISD 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 01 33 23 - 2 05-08-15 Wharton ISD 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 01 33 23 - 3 05-08-15 Wharton ISD 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 Wharton ISD 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 01 70 00 - 2 05-08-15 Wharton ISD 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 01 70 00 - 3 05-08-15 Wharton ISD 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 01 74 19 - 1 05-08-15 Wharton ISD 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 01 78 39 - 1 05-08-15 Wharton ISD 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 01 78 39 - 2 05-08-15 Wharton I.S.D. 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 05 43 00 - 1 05-08-15 Wharton I.S.D. 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 07 84 00 - 1 05-18-15 Wharton I.S.D. 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 07 84 00 - 2 05-18-15 Wharton I.S.D. 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 07 84 00 - 3 05-18-15 Wharton I.S.D. 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 07 84 00 - 4 05-18-15 Wharton I.S.D. 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 07 84 00 - 5 05-18-15 Wharton I.S.D. 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 23 05 00 - 1 05-08-15 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 23 05 00 - 2 05-08-15 Wharton I.S.D. 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 23 05 00 - 3 05-08-15 Wharton I.S.D. 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 23 05 00 - 4 05-08-15 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 23 05 00 - 5 05-08-15 Wharton I.S.D. END OF SECTION MECHANICAL GENERAL PROVISIONS 23 05 00 - 6 05-08-15 Wharton I.S.D. MECHANICAL GENERAL PROVISIONS 23 05 00 - 7 05-08-15 Wharton I.S.D. 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 23 05 13 05-08-15 Wharton I.S.D. 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 05-08-15 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 23 05 13 05-08-15 Wharton I.S.D. 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 23 05 13 05-08-15 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 23 05 13 05-08-15 Wharton I.S.D. END OF SECTION COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT 23 05 13 05-08-15 Wharton I.S.D. 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 23 05 29 - 1 05-08-15 Wharton I.S.D. 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 23 05 48 - 1 05-08-15 Wharton I.S.D. 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 23 05 48 - 2 05-08-15 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 23 05 48 - 3 05-08-15 Wharton I.S.D. 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 23 05 53 - 1 05-08-15 Wharton I.S.D. 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 23 05 53 - 2 05-08-15 Wharton I.S.D. END OF SECTION IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT 23 05 53 - 3 05-08-15 Wharton I.S.D. 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 23 05 93 - 1 05-08-15 Wharton I.S.D. 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. AIR AND WATER BALANCE 23 05 93 - 2 05-08-15 Wharton I.S.D. 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 23 05 93 - 3 05-08-15 Wharton I.S.D. 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 23 07 00 - 1 05-08-15 Wharton I.S.D. 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 23 07 00 - 2 05-08-15 Wharton I.S.D. 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 23 07 16 - 1 05-08-15 Wharton I.S.D. 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 23 07 16 - 2 05-08-15 Wharton I.S.D. 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 23 07 16.13 - 1 05-08-15 Wharton I.S.D. 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 23 07 19 - 1 05-08-15 Wharton I.S.D. 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 23 07 19 - 2 05-08-15 Wharton I.S.D. 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 23 07 19 - 3 05-08-15 Wharton I.S.D. 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 23 07 19 - 4 05-08-15 Wharton I.S.D. 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 23 09 00 05-08-15 Wharton I.S.D. 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 23 09 00 05-08-15 Wharton I.S.D. 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. DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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. DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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. DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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: DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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 DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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. DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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 DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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 DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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. DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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 DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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 23 09 00 05-08-15 Wharton I.S.D. 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 23 09 00 05-08-15 Wharton I.S.D. 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 23 09 00 05-08-15 Wharton I.S.D. 3.07 A. SEQUENCE OF OPERATION Refer to Specification Section 23 09 93 Sequence of Operation. END OF SECTION DDC TEMPERATURE CONTROL 23 09 00 05-08-15 Wharton I.S.D. 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 23 09 93 - 1 05-08-15 Wharton I.S.D. 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 23 09 93 - 2 05-08-15 Wharton I.S.D. 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 23 09 93 - 3 05-08-15 Wharton I.S.D. 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 23 21 13 - 1 05-08-15 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 23 21 13 - 2 05-08-15 Wharton I.S.D. 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 23 21 13 - 3 05-08-15 Wharton I.S.D. 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 23 21 13 - 4 05-08-15 Wharton I.S.D. 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 23 21 13 - 5 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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. AIR-COOLED ROTARY SCREW CHILLER 23 64 27 - 2 05-08-15 Wharton I.S.D. 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. AIR-COOLED ROTARY SCREW CHILLER 23 64 27 - 3 05-08-15 Wharton I.S.D. 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. AIR-COOLED ROTARY SCREW CHILLER 23 64 27 - 4 05-08-15 Wharton I.S.D. 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 AIR-COOLED ROTARY SCREW CHILLER 23 64 27 - 5 05-08-15 Wharton I.S.D. 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 AIR-COOLED ROTARY SCREW CHILLER 23 64 27 - 6 05-08-15 Wharton I.S.D. 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. Air Conditioner-Heat Pump Systems 238143 - 1 05-08-15 Wharton I.S.D. Wharton I.S.D 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 Air Conditioner-Heat Pump Systems 238143 - 2 05-08-15 Wharton I.S.D. 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 Air Conditioner-Heat Pump Systems 238143 - 3 05-08-15 Wharton I.S.D. 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, COMMON WORK RESULTS FOR ELECTRICAL 26 05 00 - 1 05-08-15 Wharton I.S.D. 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. COMMON WORK RESULTS FOR ELECTRICAL 26 05 00 - 2 05-08-15 Wharton I.S.D. 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. COMMON WORK RESULTS FOR ELECTRICAL 26 05 00 - 3 05-08-15 Wharton I.S.D. 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 COMMON WORK RESULTS FOR ELECTRICAL 26 05 00 - 4 05-08-15 Wharton I.S.D. 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 26 05 00 - 5 05-08-15 Wharton I.S.D. 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 26 05 00 - 6 05-08-15 Wharton I.S.D. 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 26 05 19 - 1 05-08-15 Wharton I.S.D. 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 26 05 19 - 2 05-08-15 Wharton I.S.D. 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 26 05 19 - 3 05-08-15 Wharton I.S.D. 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 26 05 26 - 1 05-08-15 Wharton I.S.D. 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 26 05 26 - 2 05-08-15 Wharton I.S.D. 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 26 05 26 - 3 05-08-15 Wharton I.S.D. 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 26 05 26 - 4 05-08-15 Wharton I.S.D. 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 26 05 33 - 1 05-08-15 Wharton I.S.D. 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 26 05 33 - 2 05-08-15 Wharton I.S.D. 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 26 05 33 - 3 05-08-15 Wharton I.S.D. 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 26 05 33 - 4 05-08-15 Wharton I.S.D. 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 26 05 33 - 5 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-15 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 05-08-2015 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 05-08-2015 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 26 24 16 - 1 05-08-15 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 05-08-15 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 26 28 13 - 1 05-08-15 Wharton I.S.D. 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 26 28 13 - 2 05-08-15 Wharton I.S.D. 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 26 28 16 - 1 05-08-15 Wharton I.S.D. 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 05-08-15 Wharton I.S.D. 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 26 43 00 - 1 05-08-15 Wharton I.S.D. 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 26 43 00 - 2 05-08-15 Wharton I.S.D. 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 26 43 00 - 3 05-08-15 Wharton I.S.D. 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 26 43 00 - 4 05-08-15 Wharton I.S.D. 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 26 50 00 - 1 05-08-15 Wharton I.S.D. 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 26 50 00 - 2 05-08-15 Wharton I.S.D. 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 26 50 00 - 3 05-08-15 Wharton I.S.D. 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 26 50 00 - 4 05-08-15 Wharton I.S.D. 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 26 50 00 - 5 05-08-15 Wharton I.S.D. 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 33 71 19 - 1 05-08-15 Wharton I.S.D. 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: ELECTRICAL UNDERGROUND DUCTS AND PULLBOXES 33 71 19 - 2 05-08-15 Wharton I.S.D. 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. ELECTRICAL UNDERGROUND DUCTS AND PULLBOXES 33 71 19 - 3 05-08-15 Wharton I.S.D. 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 . ELECTRICAL UNDERGROUND DUCTS AND PULLBOXES 33 71 19 - 4 05-08-15 Wharton I.S.D. 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.” ELECTRICAL UNDERGROUND DUCTS AND PULLBOXES 33 71 19 - 5 05-08-15 Wharton I.S.D. 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 ELECTRICAL UNDERGROUND DUCTS AND PULLBOXES 33 71 19 - 6 05-08-15