REQUEST FOR PROPOSAL FOR ROOF REPLACEMENT AND

REQUEST FOR PROPOSAL FOR

CLOSING DATE CB-2200 –TUESDAY, OCTOBER 12, 2021 @ 2:00 PM

ROOF REPLACEMENT AND MISCELLANEOUS WORK AT SELECT FACILITIES: THE CITY OF ABILENE

CONTAINER MAINTENANCE BUILDINGS

PROPOSALS ARE TO BE SUBMITTED TO ABILENE PURCHASING ONLY AT ADDRESS INDICATED IN THE PROPOSAL DOCUMENTS

PRE-PROPOSAL MEETING TUESDAY, SEPTEMBER 28, 2021 @ 1:00 PM

555 WALNUT ST., ABILENE, TX 79601

A division of Mantis Innovation, LLC616 S. Coppell Rd., Coppell, TX 75019

(214) 758-0785

September 10, 2021 BF: 90039

09/10/2021

1

PROJECT: Roof Replacement and Miscellaneous Work at Select Facilities: City of Abilene Container Maintenance

Buildings Container Maintenance (Former Welding Shop) (TML 212) Container Maintenance Bay and Paint Booth (TML 419) Container Maintenance Compressor Building (TML 420) Container Maintenance Storage Building (TML 421) Container Maintenance Former Office (TML 422) Container Maintenance Wash Rack (TML 423) Container Maintenance Poly Repair Building (TML 424) Container Maintenance Welding Shop (TML 425)

ADDRESS: 102 S. 3rd St., Abilene, TX 79602 OWNER: City of Abilene 555 Walnut Street Abilene, TX 79604 OWNER’S PROJECT CONTACTS: During Procurement Period

Melissa Denson, Purchasing City of Abilene P. O. Box 60 (79604) 555 Walnut Street, Room 201A Abilene, TX 79601 Tel: 325.676.6226 Fax: 325.676.6285 Email: [email protected]

During Construction Period

Richard Rodgers City of Abilene 782 Sandy Street Abilene, TX 79601 Tel: 325.676.6216 Fax: 325.738.8031 EM: [email protected] DESIGN PROF. OF RECORD: Vickie Crenshaw, P.E., RRC, RRO BLUEFIN, LLC A division of Mantis Innovation, LLC 616 S. Coppell Rd. Coppell, TX 75019 Tel: 214.758.0785 Fax: 214.792.9548 Cell: 214.500.8715 EM: [email protected]

mailto:[email protected]



TABLE OF CONTENTS 00000 - 1

PROJECT MANUAL TABLE OF CONTENTS

PROPOSAL REQUIREMENTS, CONTRACT FORMS, AND CONTRACT CONDITIONS

0. PROCUREMENT AND CONTRACTING REQUIREMENTS 00 00 01 Request for Proposals 1/13 00 00 02 Instructions to Offerors 1/12 00 10 00 List of Drawings 1/1 00 31 00 Project Information 1/3 00 42 00 Proposal Form 1/3 00 45 13 Prequalification 1/2 00 46 00 Supplemental Information 1/1 00 51 00 Notice of Award 1/1 00 52 00 Agreement Forms 1/1 00 55 00 Notice to Proceed 1/1 00 61 00 Bond Forms 1/1 00 62 00 Certificates and Other Forms 1/6 00 64 00 Prevailing Wage Rates 1/1 00 73 00 Supplementary Conditions 1/11 1. GENERAL REQUIREMENTS 01 10 01 Hierarchy of Information 1/1

01 11 00 Summary of Work 1/3 01 20 00 Warranty Period 1/1 01 23 00 Alternates 1/1

01 26 00 Contract Modification Procedures 1/1 01 29 00 Payment Procedures 1/1 01 30 00 Administrative Provisions 1/3 01 31 00 Project Management and Coordination 1/2 01 31 01 Job Site Administration 1/1 01 33 00 Submittal Procedures 1/1 01 33 01 Shop Drawings, Product Data, and Samples 1/4 01 35 00 Special Procedures 1/2 01 45 00 Quality Control 1/3 01 47 00 Project Meetings 1/2 01 48 00 Construction Progress Schedules / Schedule of Values 1/2 01 50 00 Temporary Facilities and Control 1/2 01 60 00 Product Requirements 1/4 01 74 00 Cleaning 1/2 01 77 00 Closeout Procedures 1/2 2. EXISTING CONDITIONS Not used. 3. CONCRETE Not Used.


4. MASONRY Not Used. 5. METALS Not Used. 6. WOOD, PLASTICS, AND COMPOSITES Not Used. 7. THERMAL AND MOISTURE PROTECTION 07 41 12 Direct Fasten Metal Roof Panels 1/11 07 60 00 Flashing and Sheet Metal 1/11 8. OPENINGS Not Used. 9. FINISHES Not Used. 10. SPECIAL TIES Not Used. 11. EQUIPMENT Not Used. 12. FURNISHINGS Not Used. 13. SPECIAL CONSTRUCTION Not Used. 14. CONVEYING EQUIPMENT Not Used. 21. FIRE SUPPRESSION Not Used. 22. PLUMBING Not Used. 23. HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC) Not Used. 25. INTEGRATED AUTOMATION Not Used. 26. ELECTRICAL Not Used.


27. COMMUNICATIONS Not Used. 28. ELECTRONIC SAFETY AND SECURITY Not Used. 31. EARTHWORK Not Used. 32. EXTERIOR IMPROVEMENTS Not Used. 33. UTILITIES Not Used. 34. TRANSPORTATION Not Used. 35. WATERWAY AND MARINE CONSTRUCTION Not Used. 40. PROCESS INTEGRATION Not Used. 41. MATERIAL PROCESSING AND HANDLING EQUIPMENT Not Used. 42. PROCESS HEATING, COOLING, AND DRYING EQUIPMENT Not Used. 44. POLLUTION CONTROL EQUIPMENT Not Used. 45. INDUSTRY-SPECIFIC MANUFACTURING EQUIPMENT Not Used. 48. ELECTRICAL POWER GENERATION Not Used.

E

DEADLINE FOR RECEIPT OF PR

DATE: Tuesday, October 12, 202

TIME: 2:00 pm, local time

DELIVER TO: City of Abilene Pu

The date and time received will bProposals will not be accepted. delivered on time to the correct a

A PRE-PROPOSAL CONFERENC

DATE: Tuesday, September 28,

TIME: 1:00 pm, local time

LOCATION: City Hall, 555 Walnu

R

Roof Re

The Co

Fo

EQUEST FOR PROPOSALS FOR

placement and Miscellaneous Work

at Select Facilities: ntainer Maintenance Buildings Former

Welding Shop (TML 212) Bay and Paint Booth (TML 419) Compressor Building (TML 420)

Storage Building (TML 421) Former Office (TML 422) Wash Rack (TML 423)

Poly Repair Building (TML 424)

Section 00 00 01 - 1

Contact Person: Melissa Denson, Purchasing

P. O. Box 60 (79604) 555 Walnut Street, Room 201A

Abilene, TX 79601 (325) 676-6226

mail: [email protected]

OPOSALS IS AS FOLLOWS:

1

rchasing, 555 Walnut Street, Room 201A, Abilene, TX 79601

e stamped on the proposals by the Purchasing office. Late It is the responsibility of the Offeror to ensure that proposals are ddress.

E shall be held as follows:

2021

t Street, 2nd Floor.

Welding Shop (TML 425)

CB-2200 r Contracting Agency: City of Abilene


Section 00 00 01 - 2

PROPOSAL DOCUMENTS

Project RFP/contract documents may be downloaded from the City of Abilene’s website at www.abilenetx.govor reviewed at BLUEFIN, LLC, 616 S. Coppell Rd., Coppell, TX 75019, (214) 758-0785 at no charge. Printed Proposal Documents may be obtained for a $100 non-refundable printing fee made payable to BLUEFIN, LLC. CHECKS SHOULD BE MADE PAYABLE TO: BLUEFIN, LLC. Incomplete sets will not be issued.

In submitting this proposal, each Offeror must satisfy all terms and conditions of the Proposal Documents. All work covered by this Request for Proposals shall be in adherence to applicable federal, state, and local statutes, regulations, and ordinances.

Potential Offerors must return the Mandatory “Notice to Owner of Intent to Propose” Form, Attachment A, in order to submit a proposal for the Project. This form may be hand-delivered, returned by facsimile or email, by registered mail, certified mail, or any other type of carrier by the deadline stated, to ensure your organization is placed on the Procurement Distribution List to be notified of any change or amendments to the RFP documents and written answers to inquiries.

A cashier’s check, certified check, or acceptable Proposal Security, payable to the Owner, in an amount not less than five percent (5%) of the price proposal submitted, must accompany each price proposal in accordance with the Instructions to Offerors.

A 100% Performance Bond and a 100% Payment and Materials Bond executed by a surety company authorized to do business in the State of Texas shall be required from the successful Offeror prior to execution of contract.

Each subcontractor shall provide a performance and payment bond on a public works building project if the subcontractor’s contract (to the Contractor) for work to be performed on a project is one hundred twenty-five thousand dollars ($125,000) or more. Failure of a Subcontractor to provide required bond shall not subject the Owner to any increase in cost due to approved substitution of Subcontractor.

The Proposal Documents contain a timeline for completion of the work and further impose liquidated damages for failure to complete the work within the time period stated.

No Offeror may withdraw his proposal for sixty (60) days after the actual date of the opening thereof, or until Notice of Award or Rejection has been received, whichever is earlier.

The Owner intends to award this Project to the highest scoring Offeror in accordance with the Request for Proposal. The Owner reserves the right to reject any and all proposals, to waive technical irregularities, and to award the contract to the Offeror whose proposal it deems to be in the best interest of the Owner.

Requests for approval of substitutions for “or equal” material or equipment, if allowed by the contract documents, must include a detailed itemized comparison of the proposed substitution with the specified product and be submitted at least seven (7) calendar days prior to the Proposal Opening date.

A Pre-Proposal Meeting is scheduled for Tuesday, September 28, 2021 @ 1:00 pm, local time. Subcontractors are encouraged to attend. The Pre-Proposal meeting will be held with a site visit to follow.

http://www.abilenetx.gov/

Section 00 00 01 - 3

ATTACHMENT A

MANDATORY “NOTICE TO OWNER OF INTENT TO PROPOSE” CB - 2200 – ROOF REPLACEMENT AND MISCELLANEOUS WORK AT SELECT

FACILITIES: CITY OF ABILENE CONTAINER MAINTENANCE BUILDINGS

By this “Mandatory Notice to Owner of Intent to Submit a Proposal” the undersigned agrees that he/she has received a complete copy of the RFP. Proposals will only be accepted from those Offerors who sign and return this attachment. Only potential Offerors who elect to return this form completed with the intention of submitting a proposal will receive copies of all Offeror’s written questions and the written responses to those questions, as well as any RFP amendments that may be issued.

All other responses will be rejected as non-responsive.

This Mandatory Notice to Owner shall be signed and returned to the Owner no later than the close of business on Friday, October 1, 2021.

FIRM: _______________________________________________________________________

REPRESENTED BY: __________________________________________________________ (Printed Name & Title)

ADDRESS: ___________________________________________________________________

CITY: ____________________________________ STATE: ___________ ZIP: ___________

TELEPHONE: ___________________ FAX: ___________________________

E-Mail: ___________________________________________________________

Signature of Person authorized to sign for Firm

ALTERNATE CONTACT PERSON/INFORMATION: *This name and address may be used for all correspondence related to the RFP if the Representative indicates herein.

NAME: _______________________ Title: __________________Telephone:________________

E-Mail Address of Alternate Contact: _______________________________________________

PLACE AN ‘X’ ON THE APPROPRIATE STATEMENT BELOW AND RETURN FORM TO THE PROCUREMENT MANAGER LISTED HEREIN:

_____ Firm DOES INTEND to respond to this RFP _____ Firm DOES NOT INTEND to respond to this RFP

Section 00 00 01 - 4

PART I: INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The Owner has made a determination that the use of competitive sealed bidding method is not advantageous to ensure that the project described herein is delivered in a quality manner, and within time and budget constraints. Therefore, it is hereby determined that soliciting competitively sealed proposals for waterproofing and restoration work at the City of Abilene Container Maintenance Buildings: Former Welding Shop (TML 212), Bay and Paint Booth (TML 419), Compressor Building (TML 420), Storage Building (TML 421), Former Office (TML 422), Wash Rack (TML 423), Poly Repair Building (TML 424), and Welding Shop (TML 425) is the most effective

B.

means to ensure meeting the criteria described herein.

The Owner will take into consideration certain contractor qualification and performance factors that add value to a procurement contract, such as reputation of the proposer and the proposer’s goods or services, quality of contractors’ goods and services, extent to which the goods or services meet the Owner’s needs, and proposer’s past relationship with the Owner. These criteria will be considered in addition to lump sum price to perform the scope of work, and in accordance with the terms, conditions, and requirements stated herein. All potential Offerors are encouraged to read this Request for Proposals carefully, especially mandatory requirements.

This is a qualifications based selection with cost as consideration. The Offeror is required to provide the qualifications and other documents as requested in this RFP.

PROJECT FUNDING

The City has funds to administer this project.

The project is described as: This project consists of roof repairs at the City of Abilene Container Maintenance Buildings (TML 212, 419, 420, 421, 422, 423, 424, and 425).

C. SCOPE OF SERVICES

A summary of services the Contractor shall perform to complete the Project include, but are not limited to, the following:

1. Planning, supervision and timely completion of the Project

2. Prepare, monitor, and maintain Project schedule

3. Material procurement, delivery, and storage

4. Submittals and Project documentation

5. Manage construction labor and materials

6. Coordinate with Owner, direct labor, subcontractors, and Owner furnished equipment suppliers, if applicable

7. Manage site access, safety, security, and quality control

8. Manage testing and inspections

9. Coordination of all utility inspections

Section 00 00 01 - 5

10. Project close-out and inspection

D. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

The agreement for the work will be AIA Form A104 - 2017, Standard Abbreviated Form of Agreement Between Owner and Contractor, with the basis of payment as a Stipulated Sum.

E. PROJECT CONTACTS

Any questions concerning the selection process for this Request for Proposals should be submitted to the Owner listed below. Technical questions regarding the scope of work should be submitted to the Project Manager.

For questions regarding the selection process:

Melissa Denson, Purchasing City of Abilene P. O. Box 60 (79604) 555 Walnut Street, Room 201A Abilene, TX 79601 Phone: (325) 676-6226 Fax: (325) 676-6285 Email: [email protected]

For technical questions regarding the scope of work:

Vickie Crenshaw, P.E., RRC, RRO BLUEFIN, LLC A division of Mantis Innovation, LLC 616 S. Coppell Road Coppell, TX 75019 Phone: (214) 758-0785 Fax: (214) 792-9548 Email: [email protected]

F. DEFINITION OF TERMINOLOGY

This paragraph contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations.

“Engineer” or “Design Professional” means architect/engineer.

“Award of Contract” shall mean a formal written notice by The Owner or Design Professional that a firm has been selected to enter into negotiations for a contract for construction services.

“Contract” means an agreement between the Owner and a licensed contractor for the work covered by this RFP.

“Contractor” means successful Offeror awarded the contract.



Section 00 00 01 - 6

“Determination” means the written documentation of a decision of the Owner and/or the Design Professional, including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

“Entity” means the City of Abilene (“Owner”) and is the entity requesting proposals.

“Offeror” is any person, corporation, or partnership who chooses to submit a proposal in response to this RFP.

“Proposal” is the Offeror’s response to this RFP.

"Request for Proposals" or "RFP" means all documents, attached or incorporated by reference, used for soliciting proposals.

"Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in the proposal.

"Responsive Offer" or "Responsive Proposal" means an offer or proposal which conforms in all material respects to the requirements set forth in the RFP. Material respects of a RFP include, but are not limited to, quality, quantity or delivery requirements.

"User" means the personnel occupying the facility or facilities for which a project is being designed.

"User Contact" is the person designated by the Owner to speak on behalf of the user concerning the scope of work and programming requirements for the project.

The terms "must," "shall," "will," "is required," or "are required" identify a necessary item or factor. Failure to comply with such an item or factor may result in the rejection of the Offeror’s proposal.

The terms "can," "may," "should," "preferably," or "prefers" identifies a desirable or discretionary item or factor. Failure to comply with such an item or factor may result in the rejection of the Offeror’s proposal.

G. PROPOSAL CONSIDERATION/TABULATION

After proposals are opened and publicly read, the proposals will be tabulated for comparison on the basis of the best value method shown in the Request for Proposal. Until final award of the Contract, the Owner reserves the right to reject any or all proposals, to waive technicalities, and to re-advertise for new proposals, or propose to do the work otherwise in the best interests of the Owner.

The following items will be considered when an award is based on best value:

Purchase Price – 30 Points Experience of the Firm – 20 Points Experience of Key Personnel – 20 Points Project Approach – 20 Points

Section 00 00 01 - 7

Past Experience on Projects of Similar Size and Complexity with Cities / Municipalities – 10 Points

PART II: CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP outlines and describes the major events of the Selection Process and specifies general requirements.

A. SEQUENCE OF EVENTS (TENTATIVE)

1. Issue RFP September 12, 2021

2. Pre-Proposal Conference September 28, 2021 @ 1:00 pm, local time Location: Council Chambers, 2nd Floor, City Hall

3. Submission of Proposals October 12, 2021 @ 2:00 pm, local time Submission Deadline

4. Proposal Evaluations October 13, 2021 to October 30, 2021 (approximately)

5. Notice of Award November, 2021

B. EXPLANATION OF SEQUENCE OF EVENTS

1. Issue RFP - This RFP is issued by the Owner.

2. A Pre-Proposal Meeting will be held. The Owner will indicate the date, time, and location of the meeting. The purpose of a Pre-Proposal meeting is to review the RFP documents, including the Scope of Work, Response Format, Schedule, and Price Proposal requirements. It is highly suggested that appropriate Offeror staff attends to better understand the RFP for Construction process and the Owner’s expectations.

In addition to the Pre-Proposal Meeting, the Owner may allow Prospective Offerors the opportunity to visit the project with permission from the Owner’s Representative. Please note that after the proposal submission due date, the Offerors are not allowed any contact with the Owner unless requested to do so. The Owner, may, however, contact Offerors for clarification purposes, changes in the Schedule of Events, notices of non-responsiveness or responsiveness of proposals, and notices of shortlist status and/or interviews.

3. Questions/Clarifications - Between the time of issuance of the RFP and the date listed herein, prospective Offerors shall submit questions in writing regarding any clarifications or comments regarding the RFP, the Conditions Governing the Procurement, the proposed Contract for Construction between Owner and Contractor and General Conditions, or any other area that is of importance or concern in determining your decision to respond.

4. RFP Amendments - Should any amendment to this RFP be deemed necessary between issuance of the RFP and the proposal submission deadline, it will be distributed in writing to all Offerors that have returned the “Acknowledgement of Receipt Form” (Attachment A) of the original RFP. If an

Section 00 00 01 - 8

amendment requires a time extension, the proposal submission date will be changed as part of the written amendment.

5. Submission of Proposal – This is the date and time that has been set by the Owner for receipt of Proposals. Late Proposals will not be accepted. It is the Offeror’s responsibility to ensure that Proposals arrive at the appointed date and time. Proposals may be delivered early to avoid any possible delay of the submission.

PROPOSALS RECEIVED AFTER THE DEADLINE ARE NON-RESPONSIVE. The Owner will time-stamp proposals upon receipt. A public log will be kept of the names and submittal times of all Offerors who submitted proposals.

Proposals will be reviewed for completeness and compliance with requirements. If any proposal submitted is deemed non-responsive, the Offeror will be notified in writing of such determination and the method of protesting.

6. Notice of Award - The Design Professional will notify Offerors in writing of the final award. This notice will include the final combined rankings for the project award. At this time, all proposals that were submitted are open for public inspection for a period of 30 days after the award, except for the material which has previously been noted and deemed as proprietary or confidential. This provision is subject to the requirements of the Texas Public Information Act.

C. GENERAL REQUIREMENTS GOVERNING THE PROCUREMENT

The General Requirements section contains specific information about the process and conditions under which this RFP is issued and conditions concerning how the project will be completed.

The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project, should the need arise. The Owner makes no representations, written or oral, that it will enter into any form of agreement with any Offeror.

1. Protests - Any Offeror who is aggrieved in connection with the award of a contract may protest to the person stated below. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Melissa Denson, Purchasing City of Abilene P. O. Box 60 (79604-0060) 555 Walnut Street, Room 201A Abilene, TX 79601 (325) 676-6226

The 15-day protest period shall begin on the day following the date of written notice of action from the Owner. Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted.

2. Incurring Cost - Any cost incurred by the Offeror in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror.

Section 00 00 01 - 9

3. Third-Party or Subcontracting Prime Contract Responsibilities – Direction of all work that may result from this procurement must be performed by the Offeror and payments will only be made to the Offeror. Use of consultants identified in the proposal is permitted, but since the award is made on a quality-based evaluation process, reassignment of Prime duties and responsibilities to a third party is not acceptable.

4. Amended Proposals - An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The Owner personnel will not collate or assemble proposal materials.

5. Offeror's Rights to Withdraw Proposal - Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request signed by the Offeror’s duly authorized representative addressed to the Owner. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of the Owner.

6. Disclosure of Proposal Contents – The content of proposals will be kept confidential as specified in this Section 00 00 01.

7. Termination - This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Owner determines such action to be in the best interest of the Owner.

8. Sufficient Appropriation - Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The Owner's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

If the determination is made that there is insufficient funding to continue or finalize a project, the successful Offeror will be compensated to the level of effort performed, as authorized by the Owner prior to that determination.

9. Standard Contract - The Owner and successful Offeror will use AIA Form A104 – 2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. Supplementary conditions may be modified to accommodate the “not to exceed cost proposal” of the successful Offeror. Any Offeror questions about any provision(s) of the contract terms and conditions must be promptly brought to the attention of the Owner or Design Professional.

10. Offeror Qualifications - The Owner may make such investigations as necessary to determine the ability of the Offeror to adhere to the requirements specified within this RFP. The Owner will reject the proposal of any Offeror who is not a responsible Offeror or fails to submit a responsive offer.

11. Right to Waive Minor Irregularities - The Owner reserves the right to waive minor irregularities. The Owner also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Owner.

12. Notice - Texas criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

Section 00 00 01 - 10

13. Release of Information - Only the Owner is authorized to release information about projects covered by this RFP. The Offerors must refer to the Owner any requests to release any information that pertains to the work or activities covered by any action or award related to this RFP.

14. Clarifications from Offerors - The Owner or designee, after review of the proposal may request clarifications on information submitted by any and all Offerors.

15. Conflict of Interest – Successful Offeror will be required to comply with HB 1295 which took effect on 01/01/2016, requiring an entity contracting or amending an existing contract with a governmental entity (i.e. the City) to provide a Form 1295 “Certificate of Interested Parties”. Form 1295 must be generated online via the Texas Ethics Commission website.

Prior to issuance of a contract, successful offeror (Contractor) will need to create an account, where you can then generate the 1295 Forms for all governmental entities with which you have any contracts or with which you contract in the future. Videos and instructions for creating an online account can be found on the Texas Ethics Commission website at: https://www.ethics.state.tx.us/whatnew/elf_info_form1295.htm.

There are also FAQs posted on the Texas Ethics Commission site at: https://www.ethics.state.tx.us/whatsnew/FAC_Form1295.html.

Once Contractor has finished generating the 1295 Form online, this form will be printed, signed, notarized, and forwarded to the Purchasing Office prior to issuance of any contract.

https://www.ethics.state.tx.us/whatnew/elf_info_form1295.htm

https://www.ethics.state.tx.us/whatsnew/FAC_Form1295.html

Section 00 00 01 - 11

PART III: RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Only one proposal package may be submitted by each Offeror/Team/individual entity for the one project, which is the subject of this RFP.

The proposal package shall be sealed and clearly identifiable on the outside with the name of the procurement, date and time proposals are to be received, the Offeror’s name, address, name of contact person and a phone number where the contract person may be reached.

B. NUMBER OF COPIES OF RESPONSES

1. SUBMISSION OF OFFER

Number of Copies to Submit: Proposer shall provide one (1) original hard copy, one (1) duplicate hard copy, and one (1) digital copy in PDF format on a CD or flash drive.

Time: Offers that are late, that are not received by the time and date indicated on the RFP will not be accepted. Proposal packages will be stamped as to the date and time received with a copy of this information kept for the Procurement File.

Hand Carried: Offers may be hand carried to

If hand - delivered by the Offeror after the deadline, the package will be returned to the person delivering the package. If the proposal package has been received by mail or special delivery after the deadline, the Offeror will be notified. Offeror is responsible for paying any fees for the return of the Proposal package.

Melissa Denson, Purchasing City of Abilene 555 Walnut Street, Room 201A Abilene, TX 79601 (325) 676-6226

Mailed: Offers may be mailed to

Melissa Denson, Purchasing City of Abilene P. O. Box 60 (79604) 555 Walnut Street, Room 201A Abilene, TX 79601 (325) 676-6226

The Owner shall not be responsible for offers that are mailed and not received by the opening date and time specified in the solicitation.

Section 00 00 01 - 12

No Other Methods of Offer Delivery: Neither telephone, facsimile, nor electronic offers shall be accepted.

C. GENERAL RESPONSE INSTRUCTIONS AND INFORMATION

1. Proposals shall be prepared SIMPLY AND ECONOMICALLY, providing straightforward, CONCISE description of the respondent’s ability to meet the requirements of this RFP. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of the Owner’s needs.

2. Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete Proposals will be considered non-responsive and subject to rejection.

3. Offerors shall prepare and develop proposals at the sole expense of the Offeror.

4. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option. Questions regarding the procurement process, the RFP documents, general requirements, terms and conditions, etc. must be submitted in writing prior to the submission of Proposal for clarification purposes.

5. The Proposal will be kept confidential until a contract is awarded, subject only to the requirements of the Texas Public Information Act. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material that is stamped and identified as “proprietary” or “confidential”. The Owner will not disclose or make public any pages of a proposal on which the Offeror has stamped or imprinted these words subject to the following requirements:

Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is normally restricted to confidential financial information concerning the Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the Owner is subject to the requirements of the Texas Public Information Act, and the Owner may submit the requested information to the Texas Attorney General for a determination.

6. Failure to comply with all requirements contained in this RFP may result in the rejection of an Offeror’s Proposal.

7. Receipt of an addendum of the RFP by an Offeror must be acknowledged either: (a) by signing and returning the addendum or (b) by letter. Such acknowledgment may be

Section 00 00 01 - 13

submitted with your offer. This acknowledgment must be received prior to the hour and date specified for receipt of offers.

8. An offer may be modified or withdrawn in person at any time BEFORE the scheduled opening of offers; provided a receipt for the withdrawn offer is signed by the Offeror or the Offeror’s authorized representative. The Owner reserves the right to request proof of authorization to withdraw an offer.

D. PROPOSAL FORMAT Submit one (1) original hard copy, one (1) duplicate hard copy, and one (1) digital copy in PDF format on a CD or flash drive. Within your Proposal, please include and clearly identify the following items:

1. LUMP SUM OF CONSTRUCTION COST - Use the Lump Sum Proposal form provided in the project manual. (To be submitted on Attached Proposal Form; see Section 00 42 00.)

2. AIA A305 Contractor’s Qualification Statement

3. Contractor’s Qualification Affidavit

4. Resumes of Key Personnel

5. Project Management Plan

6. Project Experience & References

7. Subcontractor Listing

8. Anti-Trust Form

9. Proposal Bond

10. Completed W-9 Form

11. Sample Certificate of Insurance

End of Section 00 00 01

Section 00 00 02 - 1

Section 00 00 02 Instructions to Offerors

PART 1: DEFINITIONS AND TERMS

1.1 Terms used in this Request for Proposals for Construction Documents which are defined in the Instructions to Offerors and in the Conditions of the Contract for Construction (General, Supplementary, and Other Conditions) have the meanings assigned to them in those documents.

A. ADDENDUM: A written or graphic instrument issued before the Contract is executed to modify, interpret, clarify, or correct the Proposal Documents or Contract Documents. Plural: addenda.

B. ALTERNATE PROPOSAL: Amount stated in the Proposal as the sum to be added from the amount of the Base Proposal if the corresponding change in the project scope, materials, and/or methods of construction is awarded by the Owner.

C. BASE PROPOSAL: Amount stated in the Proposal as the sum for which the Offeror offers to perform the work, excluding alternate Proposals.

D. PROPOSAL: The offer submitted on the prescribed form setting forth the prices for the work to be performed in conformance with the Proposal Documents.

E. PROPOSAL LOT: A major item of work for which a separate quotation or proposal is requested.

F. OFFEROR: One who submits a Proposal directly to the Owner, as distinct from a subcontractor who submits a proposal or bid to a contractor.

G. PROPOSAL DOCUMENTS: The Request for Proposal Requirements and the Contract Documents, which consists of the Project Manual and the Drawings.

H. PROPOSAL FORM: A form which shall include space in which the proposal price shall be inserted and which the Offeror shall sign and submit along with all other necessary submissions. An Offeror may submit a reasonable copy of the Proposal Form. Oral, telephonic, or electronic proposals are invalid and will not be considered.

I. PROPOSAL REQUIREMENTS: Notice of Request for Proposals, Pre-Proposal Information, Instructions to Offerors, Information Available for Offerors, the Proposal Form, Supplements to the Proposal Form, and portions of Addenda relating to any of these.

J. DAY: Day shall mean calendar day unless defined otherwise.

K. HOLIDAYS: During the performance of this Contract, holidays are defined to be the following:

a. January 1st – New Year’s Day b. Third Monday in January – Martin Luther King Day c. Last Monday in May – Memorial Day

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d. July 4th – Independence Day e. First Monday in September – Labor Day f. Fourth Thursday and Friday of November – Thanksgiving g. December 25th - Christmas

L. REQUEST FOR PROPOSAL: All documents including those attached or incorporated by reference or utilized for soliciting competitive sealed proposals, with price as a consideration.

M. RESPONSIBLE OFFEROR: A Offeror who is properly licensed in accordance with the Construction Industries Licensing Act and submits a Responsive Proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of the services, construction, or items of tangible personal property described in the Request for Proposals.

N. RESPONSIVE PROPOSAL: A Proposal which conforms in all material respects to the requirements set forth in the Request for Proposals.

O. SUCCESSFUL OFFEROR: The selected Responsible Offeror to whom the Owner, on the basis of the Owner's evaluation, makes an award. A Successful Offeror does not become the contractor until an agreement with the Owner is signed.

PART 2: EXAMINATION OF PROPOSAL DOCUMENTS AND SITE

2.1 By submitting a Proposal, each Offeror incontrovertibly represents that the Offeror has:

A. Examined the Proposal Documents thoroughly. Contractors will not be entitled to additional compensation or any extension of contract time for failure to do so.

B. Visited the site to become familiar with local conditions that may in any manner affect cost, progress, or performance of the work. Contractors will not be entitled to additional compensation or any extension of contract time for failure to do so.

C. Become familiar with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work. Contractors will not be entitled to additional compensation or any extension of contract time for failure to do so.

D. Carefully correlated the Offeror’s observations with the Proposal Documents. Contractors will not be entitled to additional compensation or any extension of contract time for failure to do so.

2.2 On request, the Owner will provide each Offeror access to the site to conduct such investigations and tests as each Offeror deems necessary for submission of his Proposal.

2.3 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by the Contractor in performing the work are identified in the Proposal Documents.

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2.4 The submission of a Proposal will constitute an incontrovertible representation by the Offeror that he has complied with every requirement of this Section and that the Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

PART 3: PROPOSAL DOCUMENTS

3.1 COPIES OF PROPOSAL DOCUMENTS

A. Complete sets of the Proposal Documents in the number and for the deposit sum, if any, stated in the Invitation may be obtained from the Design Professional (unless another issuing office is designated in the Request for Proposal).

B. Complete sets of Proposal Documents shall be used in preparing proposals; neither the Owner nor the Design Professional assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.

C. The Owner and the Design Professional, in making copies of Proposal Documents available on the above terms, do so only for the purpose of obtaining proposals on the work and do not confer a license or grant for any other use.

3.2 INTERPRETATIONS

A. All questions about the meaning or intent of the Proposal Documents shall be submitted to the Design Professional in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the Design Professional as having received the Proposal Documents. Questions received less than seven (7) calendar days prior to the date for opening of Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications are not binding.

B. Offerors and Subcontractors shall promptly notify the Design Professional of any ambiguity, inconsistency, or error which they may discover upon examination of the Proposal and/or Contract Documents or of the site and local conditions.

3.3 SUBSTITUTE MATERIAL AND EQUIPMENT

A. The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications with no substitution. To obtain approval to use unspecified or alternate products, Offeror shall submit a written request to the Design Professional at least seven (7) calendar days prior to the date established for opening of proposals. Requests received after this time may not be considered. Such requests must supply all required information including a detailed and itemized comparison of the proposed substitution and the specified product. The product(s) for which approval is requested must be clearly described, including all data necessary to demonstrate acceptability. Incomplete requests will not be considered. Any approved substitutions will be published to all prospective Offerors via addendum.

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3.4 ADDENDA

A. Addenda will be posted on the City’s website.

B. Copies of Addenda will be made available for inspection wherever Proposal Documents are on file for that purpose.

C. The Owner and/or Design Professional reserve the right to issue Addenda at any time prior to the proposal opening. All such addenda become, upon issuance, an inseparable part of the Contract Documents. Each Offeror shall include in his proposal the cost of such Addenda, if any, and shall acknowledge receipt in the space provided on the Proposal Form.

PART 4: PROPOSAL PROCEDURES

4.1 FORM AND STYLE OF PROPOSALS

A. Proposals shall be submitted on forms identical to the form included with the Proposal Documents. Proposals not submitted upon forms provided in the Request for Proposal will be considered irregular and the Owner reserves the right to reject the proposal.

B. All blanks on the Proposal Form shall be filled in by typewritten text or manually in ink.

C. Where so indicated by the makeup of the Proposal Form, sums shall be expressed in both words and figures, and, in case of discrepancy between the two, the amount written in words shall govern.

D. Any interlineation, alteration, or erasure must be initialed by the signer of the proposal.

E. All requested Additive or Deductive Alternate Proposals shall be proposed. If no change in the Base Proposal is required, enter "No Change."

F. Where there are two or more major items of work (identified as "Proposal Lots") for which separate quotations are requested, the Offeror may, at his discretion, submit quotations for any or all items, unless otherwise specified. Additionally, the Offeror may submit a lump sum price for all lots for which the Offeror has submitted separate quotations.

G. Each copy of the proposal shall include the complete name of the Offeror and a statement that the Offeror is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Offeror to a contract. A Proposal by a corporation shall further give the State of incorporation and have the applicable number or Certificate of Authority number. The Proposal shall include the current contractor's license number and type, if applicable. A proposal submitted by an agent shall have a current Power of Attorney attached certifying the agent's authority to bind the Offeror.

H. The Proposal shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Proposal Form).

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I. The address to which communications regarding the Proposal are to be directed must be shown.

J. The Project Name and Number, as well as the Request for Proposal Number, shall be clearly shown on the outside of the envelope in which the sealed Proposal is submitted.

4.2 PROPOSAL SECURITY

A. A cashier’s check, certified check, or acceptable Bid/Proposal Bond, payable to the Owner, in an amount not less than five percent (5%) of the price proposal submitted, must accompany each proposal to guarantee that, if awarded the contract, the Offeror will, within fifteen (15) days after receiving Notice of Award, enter into a contract, provide an acceptable Certificate of Insurance, and execute bonds on the forms provided in the Proposal / Contract Documents.

B. Should the Offeror refuse to enter into such Contract or fail to furnish such bonds, the amount of the proposal security shall be forfeited to the Owner as liquidated damages, not as a penalty. Refer to Section 00 73 00 for additional information regarding liquidated damages.

C. The Owner will have the right to retain the proposal security of Offerors to whom an award is being considered until:

1. The Contract has been executed and bonds have been furnished,

2. The specified time has elapsed so that Proposals may be withdrawn, or

3. All Proposals have been rejected.

D. When the Proposal Documents require proposal security, noncompliance by the Offeror requires that the Proposal be rejected.

E. If an Offeror is permitted to withdraw his Proposal before award, no action shall take place against the Offeror or the proposal security.

4.3 PRE-PROPOSAL CONFERENCE

A. The Design Professional shall conduct a Pre-Proposal Conference prior to the proposal opening date stated in the Request for Proposals.

B. The Design Professional and his consultants, as applicable, shall be represented. Prospective Subcontractors and Prospective Vendors are encouraged to attend and should be prepared to ask questions regarding substitutions and/or to request clarification of the Proposal Documents. The failure of an Offeror, Subcontractor, or Vendor to attend shall be interpreted to mean that the proposal Documents are clear and acceptable to all non-participants at the Pre-proposal Conference. Such clarity and acceptability shall be presumed with respect to all Offerors.

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C. Questions and requests for clarification are to be presented in written form. Responses will be written and issued as Addenda. No verbal response shall be binding.

4.4 LOCAL INVOLVEMENT

A. The Owner is desirous of maximizing local providers of professional services and materials in the delivery of this project. Proposers are requested to consider this when responding to this Proposal.

4.5 SUBCONTRACTORS

A. The offeror shall list the Subcontractors he proposes to use for all trades or items on the Subcontractor Listing Form attached to the Proposal Documents and shall provide the required qualifications for Subcontractors as outlined in the Proposal Documents.

B. Substitution of Subcontractor: No contractor whose proposal is accepted shall substitute any person as subcontractor in place of the subcontractor listed in the original proposal, except that the using agency shall consent to the substitution of another person as a subcontractor:

1. When the subcontractor listed in the proposal, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project involved and the terms of such subcontractor's written cost proposal, is presented to him by the contractor;

2. When the subcontractor listed in the original proposal becomes bankrupt or insolvent prior to execution of a subcontract;

3. When the using agency refuses to approve the subcontractor listed in the original proposal, provided such approval has been reserved in the proposal documents;

4. When the subcontractor listed in the original proposal fails or refuses to perform his subcontract;

5. When the contractor demonstrates to the using agency or its duly authorized officer that the name of the subcontractor was listed as the result of an inadvertent clerical error;

6. When a proposal alternate accepted by the using agency causes the listed subcontractor’s cost proposal not to be low;

7. When the contractor can substantiate to the using agency that a listed subcontractor’s proposal is incomplete;

8. When the listed subcontractor fails or refuses to meet the bond requirements of the contractor;

9. When it is determined that the listed subcontractor does not have a proper license to perform the work and the contractor has submitted the name of the subcontractor along with proof that the subcontractor proposed work for which he was not licensed; or

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10. When it is determined by the using agency, that a listed subcontractor is not a registered subcontractor with the Texas Workforce Commission on the date proposals are unconditionally accepted for consideration.

Prior to approval of the contractor's request for substitution of a subcontractor, the using agency shall give notice in writing to the listed subcontractor of the contractor's request to substitute and of the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified has five (5) working days within which to submit written objections to the substitution to the using agency. Failure to file written objections shall constitute the listed subcontractor's consent to the substitution. If written objections are filed, the using agency shall give at least five (5) working days' notice in writing to the listed subcontractor of a hearing by the using agency on the contractor's request for substitution.

No contractor whose proposal is accepted shall permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original proposal without the consent of the using agency.

C. The Offeror shall not list himself as the supplier or as the Subcontractor for any trade unless he has previously performed work of this type or can prove to the Design Professional and the Owner's satisfaction that he actually has, or will obtain, fully adequate facilities and plans to perform the work with his own forces.

D. Prior to the award of the Contract, the Design Professional will notify the Offeror in writing if either the Owner or the Design Professional, after due investigation and written findings of fact, has reasonable and substantial objection to any person or organization on such list. If the Owner or Design Professional has reasonable and substantial objection to any person or organization on such list and refuses in writing to accept such person or organization, the Offeror may, at his option:

1. Withdraw his Proposal, or,

2. Submit an acceptable substitute Subcontractor.

In the event of withdrawal under this paragraph, proposal security will not be forfeited.

E. The Successful Offeror shall, within fifteen (15) days of Notice of Award of the Contract for the Work, submit to the Design Professional all of the requirements of Subparagraph 6.1.

F. The Successful Offeror will be required to establish to the satisfaction of the Design Professional and the Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Proposal Documents.

G. Persons and organizations proposed by the Offeror, and to whom the Owner and the Design Professional have made no reasonable objection, must be used on the work for which they were proposed and shall not be changed except with the written consent of the Owner and the Design Professional.

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H. No Successful Offeror shall be required to employ any Subcontractor, other person, or organization against whom he has reasonable objection.

4.6 SUBMISSION OF PROPOSALS

A. Proposal, proposal security, Subcontractors Listing Form, and other required documents listed in the Proposal Documents shall be submitted in an opaque sealed envelope marked in accordance with Subparagraph 4.6.B below.

B. The Proposal envelope shall be addressed at the front center of the envelope to:

MELISSA DENSON, PURCHASING CITY OF ABILENE P.O. BOX 60 555 WALNUT STREET, ROOM 201A ABILENE, TX 79604

Also on the front of the envelope the Offeror shall mark: the name and address of the Offeror in the upper left corner; the name of project, Request for Proposal Number, date of opening and, "SEALED PROPOSAL ENCLOSED" in the lower right corner or otherwise on the face thereof.

C. Proposals received after the date and time for receipt of proposals will be returned unopened.

D. The Offeror shall assume full responsibility for timely delivery of proposals to the Owner, including those Proposals submitted by mail or otherwise. Proposals will be clocked in at the time received, which must be prior to the time specified. Proposals will then be held for opening.

E. Oral, telephonic, or electronic proposals are invalid and will not receive consideration.

4.7 CORRECTION OR WITHDRAWAL OF PROPOSALS

A. A proposal containing a mistake discovered before Proposal Opening may be modified or withdrawn by a offeror prior to the time set for Proposal Opening by delivering written or telegraphic notice to the location designated in the Request for Proposals as the place where proposals are to be received.

B. Withdrawn Proposals may be resubmitted up to the time and date designated for the receipt of Proposals, provided they are then fully in conformance with the Proposal Documents.

C. After Proposal Opening, no modifications in proposal prices or other provisions of proposals shall be permitted. A low Offeror alleging a material mistake of fact which makes his Proposal non-responsive may be permitted to withdraw his Proposal if the:

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1. Mistake is clearly evident on the face of the Proposal Document; or

2. Offeror submits evidence which clearly and convincingly demonstrates that a mistake was made.

Any decision by the Owner to permit or deny the withdrawal of a Proposal on the basis of a mistake contained therein shall be supported by a written determination setting forth the grounds for the decision. If withdrawal is permitted, proposal security will not be forfeited.

4.8 NOTICE OF CONTRACT REQUIREMENTS BINDING ON OFFEROR

A. In submitting this proposal, the Offeror represents that he has familiarized himself with the nature and extent of the project requirements, Request for Proposals, and of the Conditions of the Construction Contract (General, Supplementary, Project and Other Conditions).

4.9 REJECTION OR CANCELLATION OF PROPOSALS

A. A Request for Proposal may be canceled, or any or all Proposals may be rejected in whole or in part, when it is in the best interest of the Owner. A determination containing the reasons therefore shall be made part of the Project file. Proposal security for rejected Proposals shall be returned to the Offeror.

4.10 CONSIDERATION OF PROPOSALS

A. RECEIPT, OPENING, AND RECORDING Proposals received on time will be opened as outlined in the Request for Proposals.

B. PROPOSAL EVALUATION AND AWARD

1. The Owner reserves the right to reject any or all proposals, to waive defects, and to waive any or all formalities or irregularities.

2. The Owner shall have the right to waive technical irregularities in the form of the Proposal of the low Offeror which do not alter the price, quality, or quantity of the services, construction, or items of tangible personal property.

3. It is the intent of the Owner to award a contract to the selected responsible offeror, provided the Proposal has been submitted in accordance with the requirements of the Proposal Documents. The unreasonable failure of an Offeror to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the Offeror is not a responsible Offeror. See Part 6 as to Post-Proposal Information that may be required of a Contractor as to qualifications.

4. If the Base Proposal of the selected Offeror is within the amount of funds available to finance the construction, contract award will be made to that responsible Offeror; except that, if sufficient funds are available to fund alternates, the Owner may award

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the contract to the selected responsible Offeror submitting the proposal within the amount of funds available (Base Proposal plus or minus alternates). If the award is based on alternates, the Owner shall accept them in the order in which they are listed on the Proposal Form.

5. Discrepancies in the Proposal Form between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

6. Conditional Proposals or Proposals with additional terms will not be accepted.

4.11 NOTICE OF AWARD

A. A written Notice of Award shall be issued by the Owner after review and approval of the proposal and related documents by the Owner with reasonable promptness.

4.12 CANCELLATION OF AWARD

A. When in the best interest of the Owner, the Owner may cancel the award of any contract at any time before the execution of said contract by all parties without any liability against the Owner.

PART 5: PROTESTS

5.1 Any offeror, or contractor who is aggrieved in connection with this procurement (Proposal) may protest to the Owner’s Purchasing Agent and the Owner in accordance with the state and local requirements. The protest should be made in writing within twenty-four (24) hours after the facts or occurrences giving rise thereto, but in no case later than fifteen (15) calendar days after the facts or occurrences giving rise thereto.

5.2 In the event of a timely protest, the Owner’s Purchasing Agent and the Owner shall not proceed further with the procurement unless the Owner’s Purchasing Agent or the Owner makes a determination that the award of contract is necessary to protect substantial interests of the Owner.

5.3 The Owner’s Purchasing Agent or his designee shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved offeror, or contractor concerning a procurement.

5.4 The Owner’s Purchasing Agent or his designee shall promptly issue a determination relating to the protest. The determination shall:

A. State the reasons for the action taken; and

B. Inform the protestant of the right to judicial review of the determination pursuant to state and local regulations.

5.5 A copy of the determination issued shall immediately be mailed to the protestant and other offerors involved in the procurement.

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PART 6: POST-PROPOSAL INFORMATION

6.1 SUBMITTALS TO DESIGN PROFESSIONAL AND/OR OWNER

Within fifteen (15) days of Notice of Award and prior to construction, the following shall be submitted to the Design Professional:

A. The Contractor required bonds and Certificates of Insurance;

B. For the Owner's consideration for approval, a resume and Statement of Qualification of proposed Superintendent(s) and assistants until acceptable individuals are selected.

C. Signed Subcontractors List including contract amount of each, evidence of required bonds, costs of each bond, and beneficiary of each bond; evidence of Texas Department of Workforce registration, evidence of applicable state and local license(s) and registrations;

D. Form 1295, Certificate of Interested Parties (submitted to Owner prior to issuance of Contract)

E. Certificate of Insurance

F. Completed W-9 form

G. Evidence of other bonds or documents as specified in the Proposal Documents

H. Schedule of Values

I. Construction Schedule

6.2 RETURN OF PROPOSAL SECURITY

All Proposal Security in the form of checks, except those of the two lowest selected Offerors, will be returned immediately following the opening and evaluation of the Proposals. The retained proposal security of the unsuccessful of the two lowest selected offerors, if in the form of a check, will be returned within fifteen (15) days following the award of contract. The retained proposal security of the Successful Offeror, if in the form of a check, will be returned after a satisfactory contract bond has been furnished and the Contract has been executed. Proposal Securities in the form of Proposal Bonds will be returned only upon the request of the unsuccessful Offeror, but will be released by the Owner after the Notice of Award is issued.

6.3 EXECUTION AND APPROVAL OF CONTRACT

The Contract shall be signed by the Successful Offeror and returned, together with both the Contract Bonds and Certificate of Insurance, within fifteen (15) calendar days after the date of the Notice of Award. If the Contract is not executed by the Owner within forty-five (45) days following receipt from the Offeror of the signed Contract with Bonds and Certificate, the Offeror shall have the right to

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withdraw his proposal without penalty unless the Offeror has previously agreed to extend the date for acceptance by the Owner. No Contract shall be effective until it has been fully executed by all of the parties thereto.

6.4 NOTICE TO PROCEED

The Owner will issue a written Notice to Proceed to the Contractor stipulating the date from which Contract Time will be charged and the date Contract Time is to expire, subject to valid modifications of the Contract authorized by Change Order.

6.5 FAILURE TO EXECUTE CONTRACT

Failure to return the signed Contract with acceptable Contract Bonds and Certificate of Insurance within fifteen (15) calendar days after the date of the Notice of Award shall be just cause for the cancellation of the award and the forfeiture of the Proposal Security, which shall become the property of the Owner, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible selected Offeror, or the Work may be re-advertised and constructed under contract or otherwise, as the Owner may decide.

PART 7: OTHER INSTRUCTIONS TO OFFERORS

7.1 The Owner reserves the right to enter into negotiations with the successful Offeror as described in the Request for Proposals.

7.2 MINORITY AND WOMEN BUSINESS ENTERPRISES

A. The Owner hereby gives notice that Minority and Women Business Enterprises will be afforded equal opportunities to submit proposals for this contract and will not be discriminated against on the grounds of race, ethnicity, color, sex, religion or national origin in awarding the contract. Technical assistance is available to Minority and Women Business Enterprises through the Texas Tech University Small Business Development Center, 749 Gateway St., Suite 301, Abilene, Texas 79602, (325) 670-0300.


SUBSTITUTION REQUEST (during the bid)

FORM 204 3/2010

SUBSTITUTION REQUEST (during the bid) Page 1 of 1

Project:_________________________________________ _________________________________________ To: _________________________________________ From: _________________________________________

Substitution Request Number: ________________________________ Date: ________________________________ Project Number: ________________________________

Section: ________________________ Page: ____________ Article/Paragraph: ________________________________ Proposed substitution: _________________________________________________________________________________ Manufacturer: _______________ Address: ___________________________ Phone: ____________________________ Trade Name: ____________________________________________________ Model No.: _________________________ The requested substitution is supported by the included product technical data sheets, detailed construction drawings, and performance and test results that indicate it to be suitable for the intended use. The proper installation of the proposed substitution may require changes in the specification and contract documents. The attached technical data will provide the basis for any required changes.

The Submitter certifies that: The Submitter of this proposal agrees to pay the cost of all changes to building design, including Consultant design,

detailing, and construction costs caused by the substitution. This proposed substitution has been completely evaluated and is asserted to be comparable in all respects to specified

product. The warranty to be furnished for the proposed substitution is the same as for the specified product. The maintenance service and source of replacement parts, as applicable, is available. The proposed substitution will not affect or delay progress schedule and has no adverse effect on other trades. The proposed substitution does not affect dimensions and functional clearances.

Submitted By: ______________________________________________________________________________________ Signature: ______________________________________________________________________________________ Firm: ______________________________________________________________________________________ Address: ______________________________________________________________________________________ ______________________________________________________________________________________ Telephone / E-mail: ______________________________________________________________________________________ Consultant review and action

__ Substitution approved—Submit in accordance with the Contract Documents. __ Substitution approved as noted—Submit in accordance with the Contract Documents. __ Substitution rejected—Use specified materials. __ Other ___________________________________________________________________________________________

Signature: _____________________________________________________ Date: ______________________________

Evaluation materials: __ Product data __ Samples __ Test reports __ Drawings __________

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Section 00 10 00 List of Drawings ARCHITECTURAL SHEETS G-001 Cover Sheet, Location Map, Sheet Index A-001 Existing/New Roof Systems, General Notes AS-100 Aerial Site Plan AD-100 Overall Roof Plans (Demolition) A-100 Overall Roof Plan (New Work) A-500 Details A-501 Details A-502 Details End of Section 00 10 00

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Section 00 31 00 Project Information PART 1: GENERAL 1.1 Description of Work

A. Roof Replacement and Miscellaneous Work at Select Facilities: The City of Abilene Container Maintenance Buildings, 102 S. 3rd St., Abilene, TX 79602.

1.

2.

3.

4.

5.

6.

7.

8.

Former Welding Shop (TML 212)

Bay and Paint Booth (TML 419)

Compressor Building (TML 420)

Storage Building (TML 421)

Former Office (TML 422)

Wash Rack (TML 423)

Poly Repair Building (TML 424)


B. Contractor shall provide and pay for the building permit.

1.2 Work by Owner A. Owner will award contract for the roof replacement, interior, and exterior work.

B. Owner will provide site access, electrical power, and water during construction.

C. Owner will provide electrical disconnects and reconnects as needed. 1.3 Contractor’s Use of Premises

A. Limit use of premises to allow:

1. Owner occupancy.

2. Work by others and work by Owner.

3. Work sequence to allow occupant access.

4. This is a non-smoking project. Use of tobacco is prohibited on the property.

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1.4 Field Measurements

A. Contractor shall verify field measurements as indicated on project drawings. 1.5 Examination A. Verify existing substrate surfaces are acceptable for subsequent work. Beginning new

work means acceptance of existing conditions. 1.6 Materials, Equipment, and Systems A. Please note conditions, equipment, and requirements change frequently and items

approved previously are not automatically approved for later contracts. Only those materials, equipment, and systems described in this set of documents are approved without a request for substitution.

1.7 Preparation A. Clean substrate surfaces prior to installation. 1.8 General Protection

A. Each contractor, unless noted otherwise, shall provide and maintain the following: 1. Provide adequate protection of all materials and work against deterioration and

damage at all times and under all weather conditions. Provide all necessary protection to prevent damage to any part of the premises, and to work of any kind installed or in the process of installation by others. The Contractor directly or through the subcontractor involved shall correct damage due to any operation under the General Contract to the satisfaction of the Owner.

2. Contractor shall protect installed work and provide special protection where

specified in individual specification sections.

1.9 Existing Materials and Equipment A. Do not use materials and equipment removed from existing premises, except as

specifically identified or allowed by the Contract Documents. 1.10 Delivery, Handling, Storage, and Protection

A. Deliver, handle, store, and protect Products in accordance with Project Documents and manufacturer guidelines. Where discrepancies exist between methods, the more stringent method shall apply.

1.11 Substitutions

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A. Submit substitutions for prior approval a minimum of seven (7) calendar days prior to the

Bid opening. 1.12 Demonstration and Instructions

A. Demonstrate operation and maintenance of Products to Owner’s personnel, if requested. 1.13 Protecting Installed Construction A. Provide temporary and removable protection for installed products. Control activity in

immediate work area to prevent damage of installed work product. B. Protect buildings and other surfaces from traffic, dirt, wear, damage, or movement of heavy

objects with appropriate materials and methods.


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Section 00 42 00 Proposal Form 1.1 Proposals are to be submitted on the forms provided within the Request for Proposals. Fill in all

required blanks legibly, in ink or by typed text. Any alteration must be initialed by the individual signing the proposal. Sums shall be expressed in both words and figures. In the event of a discrepancy between the two, the words will govern.

1.2 Proposals shall be signed with the name and title/position of the person or persons authorized to

bind the offeror to a contract. All names must be typed or printed below the signature.

1.3 Proposals by corporations must be executed in the corporate name by the President or Vice President (or other corporate officer accompanied by evidence of authority to sign). The corporate address and state of incorporation must be shown on the proposal.

1.4 Proposals by partnerships must be executed in the partnership name and signed by a partner. The title must appear under the signature and the official address of the partnership must be shown below the signature.

1.5 Where there are two or more major items of work identified as “Proposal Lots” for which separate quotations are requested, the offeror may at his discretion submit a proposal for any or all such items, unless otherwise specified.

1.6 By submitting a proposal, each offeror acknowledges his understanding of these instructions and his willingness to comply with the requirements of the Proposal and Contract Documents. If a proposal is accepted by Owner, said offeror shall execute all necessary agreements and provide the required documents within the specified period after the Notice of Award, subject to forfeiture of his Proposal Security if such is not timely done. Offeror further acknowledges his understanding of the Payment/Performance Bond and insurance requirements called for in the Project Documents. Unless otherwise specified, forms such as “Notice to Proceed”, “Notice of Award”, “Agent’s Affidavit”, “Certificate of Substantial Completion”, and similar which may be used during the life of the contract may be on AIA documents, or any other standard form acceptable to the parties.

1.7 Qualification of Offeror A. The Owner intends to award this Project to the highest scoring offeror in accordance with

the Request for Proposals. B. Owner may make such investigations as necessary to determine the ability of the offeror to

perform the work, and the offeror shall furnish to the Owner all such information and data for this purpose as Owner may request including but not limited to proof of financial resources, production or service facilities, personnel and experience adequate to complete the project. Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Owner that such offeror is qualified to carry out the obligations of the Contract and to complete the work described therein. Offeror shall also construe this provision to incorporate any necessary investigation and/or

Section 00 42 00 - 2

monitoring during the life of the Contract to enforce any current policy of the Owner such as, but not limited to, no smoking or alcoholic beverages on Owner’s property. As a general rule, any such regulation or law applying to Owner’s personnel shall be deemed to be in force for Contractor's work force occupying any work site.

1.8 Plan Checking Fees, Permits, Other Charges

A. Include as part of the proposal any Plan Checking Fee as charged by any applicable entity or agency with jurisdiction over the project for checking Contract Documents prior to obtaining a building permit. Include in the proposal all costs incurred for permits relating to this scope of work. Additionally, Owner does not pay for business licenses, professional affiliations and similar costs of doing business which are the Contractor's obligation to secure and maintain. The cost of all bonding will be paid by the Contractor and will not be paid by Owner. Contractor is responsible for obtaining and paying all fees associated with required building permit. Include these costs in your proposal.

1.9 Prevailing Wage Rates A. It is the Contractor's responsibility to acquaint himself with and comply with State

Regulations regarding payment of wages on public projects. Compliance is a part of this Proposal. The Contractor shall pay all persons employed on the site of the project in compliance with all federal, state, and local laws.

B. In the event it is found that any person employed by the Contractor or subcontractor on the

site of a project covered by this Contract has been or is being paid, as a result of a violation, a rate of wages less than the rate of wages required by the Contract, Owner may, by written notice to the Contractor and his subcontractor (if the violation involves a subcontractor) terminate their right to proceed with the work, or such part of the work as to which there has been a willful failure to pay the required wages. Owner may prosecute the work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess cost occasioned thereby.

1.10 Multiple Project Sites A. If this project includes separate facilities; the successful Contractor shall break down the

proposal into each respective site. In addition, the Contractor shall provide general conditions for each site including safety precautions and job superintendent. The Contractor shall submit separate pay applications for each individual site.

1.11. Commencement Date/Substantial Completion Date

A. The Commencement Date will not be later than fifteen (15) days after award and will be established by a Notice to Proceed. The allowed duration for construction will be thirty (30) calendar days.

Section 00 42 00 - 3

B. If the Offeror fails to begin or complete work within this specified time period, liquidated damages will apply. Refer to Section 00 73 00 for additional information regarding liquidated damages.


Section 00 42 00 Attachment #1

MANDATORY REQUIREMENTS CHECKLIST REQUEST FOR PROPOSAL FOR ROOF REPLACEMENT AND MISCELLANEOUS

WORK AT SELECT FACILITIES: THE CITY OF ABILENE CONTAINER MAINTENANCE BUILDINGS

FORMER WELDING SHOP (TML 212) BAY AND PAINT BOOTH (TML 419)

COMPRESSOR BUILDING (TML 420) STORAGE BUILDING (TML 421)

FORMER OFFICE (TML 422) WASH RACK (TML 423)

POLY REPAIR BUILDING (TML 424) WELDING SHOP (TML 425)

CB-2200

OFFEROR: ________________________________________ DATE ____________________

Yes / No Completed Acknowledgement of Receipt Form and sent/delivered to the Owner.

Yes / No

PRICE PROPOSAL & QUALIFICATIONS (SEALED IN AN ENVELOPE)

1) Lump Sum of Construction Cost 2) AIA A305 – Contractor’s Qualification Statement 3) Contractor’s Qualification Affidavit 4) Resumes of Key Personnel 5) Project Management Plan 6) Project Experience & References 7) Subcontractor Listing 8) Surety Form / Documentation 9) Anti-Trust Form 10) Proposal Bond 11) Completed W-9 Form 12) Sample Certificate of Insurance

Submit one (1) original hard copy, one (1) duplicate hard copy, and one (1) digital copy in PDF format on a CD or flash drive. All copies shall be in a sealed envelope.

Yes / No Acknowledge receipt of any and all amendments to this RFP.

Section 00 42 00 Attachment #2, Page 1

COMPETITIVE SEALED PROPOSAL RESPONSE FORM ROOF REPLACEMENT AND MISCELLANEOUS WORK

AT SELECT FACILITIES: THE CITY OF ABILENE CONTAINER MAINTENANCE BUILDINGS Former Welding Shop (TML 212) Bay and Paint Booth (TML 419) Compressor Building (TML 420)

Storage Building (TML 421) Former Office (TML 422)

Wash Rack (TML 423) Poly Repair Building (TML 424)


FOR

CITY OF ABILENE, TEXAS CB-2200

The undersigned, has carefully examined the Contract Documents, Conditions of the Contract, the Specifications and Drawings, plus any addenda to the Drawings and any addenda to the Specifications and Drawings, the site, premises and all conditions affecting the work on the project listed above. The undersigned proposes to furnish all labor, materials, services, and equipment necessary to complete the entire work in strict accordance with the above documents for the following sum:

CITY OF ABILENE CONTAINER MAINTENANCE BUILDINGS, 102 S. 3RD ST., ABILENE, TX 79602

Work Consists of: Removal of existing roof membrane and insulation to metal deck in preparation for application of new roof insulation and cover board, and installation of new built up roof membrane system.

All Roof Areas: Work shall include removal of the existing metal roof panels to the purlins and/or substrate. Prepare purlins and mechanically fasten new metal roof panels plus associated metal components as specified. Install underlayment over solid deck surfaces. Installation shall comply with project documents and in accordance with NRCA, SMACNA, ANSI/SPRI, and manufacturer’s guidelines.

City of Abilene Container Maintenance Buildings Proposal

Roofing:

TML 212 – Former Welding Shop SF Dollars $

TML 419 – Bay and Paint Booth SF Dollars $

TML 420 – Compressor Building SF Dollars $

TML 421 – Storage Building SF Dollars $

TML 422 – Former Office SF Dollars $


TML 423 – Wash Rack SF Dollars $

TML 424 – Poly Repair Building SF Dollars $

TML 425 – Welding Shop SF Dollars $

Subtotal (Roofing) Dollars $

TOTAL: Dollars $

TOTAL PROPOSAL AMOUNT IN WORDS

UNIT PRICES

Metal Deck Repair x 12’ $ / each.

Metal Deck Rust Prep & Inhibitor x 12’ $ / each

Wood Nailers 1 x 2 $ / lin. ft.






CDX Plywood 4 x 8 x ½” $ / each

Construction DurationAcknowledgement of Allowable Construction Duration of Thirty (30) Calendar Days

(Initial)


Acknowledge Addendum No(s)

ADDENDUM NO. DATED

______________________________ ____________________

______________________________ ____________________

______________________________ ____________________

The undersigned Offeror proposes and agrees, if this proposal is accepted, to enter into an agreement with the Owner in the form included in the RFP Documents to perform and furnish all Work as specified or indicated in the RFP Documents for the Contract Price and within the Contract Time indicated in this proposal and in accordance with the other terms and conditions of the Contract Documents.

The Offeror accepts all of the terms and conditions of the Request for Proposals and Instructions to Offerors, including without limitation those dealing with the disposition of proposal security and other Proposal Documents. This proposal will remain subject to acceptance for sixty (60) days after the day of Proposal opening. The Offeror shall sign and submit the Agreement between Owner and Contractor (hereinafter called Agreement) with the Bonds and other documents required by the Proposal Requirements within fifteen (15) days after the date of the Owner’s Notice of Award.

Company

Signature

Printed Name

Title

Business Address

Date

AIA®

Document A305TM – 1986 Contractor's Qualification Statement

AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 byThe 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 draft was produced by AIA software at 16:43:02 ET on 07/23/2019 under Order No.0614367891 which expires on 07/06/2020, and is not for resale. User Notes: (1499550543)

1

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.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This form is approved and recommended by the American Institute of Architects (AIA) and The Associated General Contractors of America (AGC) for use in evaluating the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by AIA or AGC.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO: « » ADDRESS: « » SUBMITTED BY: « » NAME: « » ADDRESS: « » PRINCIPAL OFFICE: « » [ « » ] Corporation

[ « » ] Partnership

[ « » ] Individual

[ « » ] Joint Venture

[ « » ] Other « »

NAME OF PROJECT: (if applicable) «Sample» TYPE OF WORK: (file separate form for each Classification of Work) [ « » ] General Construction

[ « » ] HVAC

[ « » ] Electrical

[ « » ] Plumbing

[ « » ] Other: (Specify) « »

§ 1 ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? « » § 1.2 How many years has your organization been in business under its present business name? « »

§ 1.2.1 Under what other or former names has your organization operated? « »

§ 1.3 If your organization is a corporation, answer the following:

§ 1.3.1 Date of incorporation: « » § 1.3.2 State of incorporation: « »

Section 00 42 00 Attachment #3 - Page 1


2

§ 1.3.3 President's name: « » § 1.3.4 Vice-president's name(s) « » § 1.3.5 Secretary's name: « » § 1.3.6 Treasurer's name: « »

§ 1.4 If your organization is a partnership, answer the following:

§ 1.4.1 Date of organization: « » § 1.4.2 Type of partnership (if applicable): « » § 1.4.3 Name(s) of general partner(s) « »

§ 1.5 If your organization is individually owned, answer the following:

§ 1.5.1 Date of organization: « » § 1.5.2 Name of owner: « »

§ 1.6 If the form of your organization is other than those listed above, describe it and name the principals: « » § 2 LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. « » § 2.2 List jurisdictions in which your organization's partnership or trade name is filed. « » § 3 EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces. « » § 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)

§ 3.2.1 Has your organization ever failed to complete any work awarded to it? « » § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against

your organization or its officers? « » § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction

contracts within the last five years? « »

§ 3.3 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? (If the answer is yes, please attach details.)



3

« » § 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. « »

§ 3.4.1 State total worth of work in progress and under contract: « »

§ 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. « »

§ 3.5.1 State average annual amount of construction work performed during the past five years: « »

§ 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. « » § 4 REFERENCES § 4.1 Trade References: « » § 4.2 Bank References: « » § 4.3 Surety:

§ 4.3.1 Name of bonding company: « » § 4.3.2 Name and address of agent: « »

§ 5 FINANCING § 5.1 Financial Statement.

§ 5.1.1 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); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes);



4

Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings).

§ 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: « » § 5.1.3 Is the attached financial statement for the identical organization named on page one? « » § 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial

statement is provided (e.g., parent-subsidiary). « »

§ 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? « » § 6 SIGNATURE § 6.1 Dated at this « » day of « » « »

Name of Organization: « » By: « » Title: « »

§ 6.2 « » « » being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading.

Subscribed and sworn before me this « » day of « » « » Notary Public: « » My Commission Expires: « »



CONTRACTOR’S QUALIFICATION AFFIDAVIT (TO BE SUBMITTED WITH YOUR PROPOSAL)

Contractor’s Name:

1. WORKERS COMP CERTIFICATION

a. Contact for your Workers’ Comp Insurance Agent 1. NAME 2. PHONE: 3. EMAIL

b. Approximately annual sales volume c. Total number of workers classified under workers’ comp classification

“5551” d. Current EMR (Experience Modification Rate)

2. OTHER INSURANCE CERTIFICATION

a. Contact for your Insurance Agent if different from #1 1. NAME 2. PHONE 3. EMAIL

b. Commercial Auto Policy Limit c. General Liability Policy Limit d. Umbrella Liability Policy Limit

3. SUBCONTRACTING STATEMENT

a. Will any of the work be subcontracted to another firm? Yes or No b. If Yes, please state why.

c. If Yes, please answer question #1 and #2 for this firm(s) below. SUBCONTRACTOR 1 QUESTION 1 - WORKERS COMP CERTIFICATION

1. Contact for your Workers’ Comp Insurance Agent i. NAME

ii. PHONE


iii. EMAIL 2. Approximately annual sales volume 3. Total number of workers classified under workers’ comp

classification “5551” 4. Current EMR (Experience Modification Rate)

QUESTION 2 - OTHER INSURANCE CERTIFICATION

1. Contact for your Insurance Agent if different from #1 i. NAME

ii. PHONE iii. EMAIL

2. Commercial Auto Policy Limit 3. General Liability Policy Limit 4. Umbrella Liability Policy Limit

SUBCONTRACTOR 2

QUESTION 1 - WORKERS COMP CERTIFICATION 1. Contact for your Workers’ Comp Insurance Agent

i. NAME ii. PHONE








SUBCONTRACTOR 3


i. NAME ii. PHONE







SUBCONTRACTOR 4


i. NAME ii. PHONE




QUESTION 2 - OTHER INSURANCE CERTIFICATION 1. Contact for your Insurance Agent if different from #1

i. NAME ii. PHONE

iii. EMAIL 2. Commercial Auto Policy Limit 3. General Liability Policy Limit 4. Umbrella Liability Policy Limit

4. MANUFACTURER CERTIFICATION

a. Are you certified by the manufacturer to install and perform warranty repairs to the roof system you are bidding? Yes or No

b. Please include a letter from manufacturer’s representative to confirm that you are certified to install and perform warranty repairs to the roof system you are bidding.

5. PAYMENT AND PERFORMANCE BONDING CAPACITY

a. State your current Payment and Performance Bonding Capacity 1. Single Project 2. Aggregate

b. Contact for your Bonding Agent 1. NAME

PHONE EMAIL 2. NAME

PHONE EMAIL 3. NAME

PHONE EMAIL

6. PROFESSIONAL REFERENCES a. Provide professional references for a project similar to this one

1. NAME PHONE EMAIL

2. NAME PHONE EMAIL


7. INSPECTION OF PLACE OF BUSINESS

a. If requested may a company representative perform site visit to your place of business to inspect equipment and verify capabilities? Yes or No?

b. If No, please state why.

c. Physical Address

8. YEARS IN BUSINESS a. Please state the number of years your firm has operated under its

current incorporation (legal entity) b. Please state any other names your firm has operated under

This Affidavit has been executed on the ______ of ____________, _________

DAY MONTH YEAR Company Name By Printed Name Title

SUBSCRIBED AND SWORN TO BEFORE ME by ___________________________ of ____________________________on this the ______ of ____________, _________to certify

DAY MONTH YEAR which witness my hand and seal of office.

Notary Public in and for the State of

My commission expires


RESUMES OF KEY PERSONNEL

ATTACH ONE (1) PAGE RESUMES OF THE PROPOSED:

1. PROJECT MANAGER 2. PROJECT SUPERINTENDENT 3. OTHER KEY PERSONNEL


PROJECT MANAGEMENT PLAN

INCLUDE WITH PROPOSAL A DESCRIPTION OF THE CONTRACTOR’S PROJECT MANAGEMENT PLAN INCLUDING:

1. PROJECT MANAGEMENT APPROACH 2. PROJECT SCHEDULE 3. HOW TO MAXIMIZE LOCAL PARTICIPATION


PROJECT EXPERIENCE & REFERENCES (use additional pages as necessary)

INCLUDE A LIST OF PROJECTS SIMILAR IN SCOPE AND SIZE COMPLETED WITHIN THE LAST FIVE (5) YEARS. INCLUDE THE FOLLOWING ITEMS FOR EACH PROJECT LISTED.

1. PROJECT NAME & LOCATION 2. PROJECT START DATE 3. PROJECT COMPLETION DATE 4. CONSTRUCTION COST 5. OWNER’S CONTACT INFORMATION

A. NAME, COMPANY, AND TITLE B. TELEPHONE NUMBER C. EMAIL ADDRESS


Prime or General Contractor: ______________________________

Project Name: __________________________________________

Date: ___________________________

SUBCONTRACTOR LIST

TYPE OF

WORK NAME* CITY & STATE* LICENSE* TELEPHONE*

CONCRETE

CONTROLS

DRYWALL

ELECTRICAL

ELEVATOR

FLOORING

FRAMING

FURNISHINGS

GLAZING

HVAC

INSULATION


LANDSCAPE

MASONRY

PAINTING

PLASTER

PLUMBING

ROOFING

SITE WORK

SPECIAL SYSTEMS

SITE ERECTION

OTHER

OTHER

__________________________________________________________________ Signature *The Subcontractor Listing should be as complete as possible. As a minimum, name, address, county, and type of work must be shown. Remaining information may be provided as soon as practicable prior to award.


SURETY

INCLUDE DOCUMENTATION FROM SURETY

Acceptable documentation from Surety is a letter signed by authorized representative of Surety Company indicating that Contractor can obtain the required Payment and Performance Bonds for this project.

Antitrust Certification Statement(Tex. Government Code § 2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

(1) I am duly authorized to execute this contract on my own behalf or on behalf of thecompany, corporation, firm, partnership or individual (Company) listed below;

(2) In connection with this bid, neither I nor any representative of the Company haveviolated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. CodeChapter 15;

(3) In connection with this bid, neither I nor any representative of the Company haveviolated any federal antitrust law; and

(4) Neither I nor any representative of the Company have directly or indirectlycommunicated any of the contents of this bid to a competitor of the Company or any othercompany, corporation, firm, partnership or individual engaged in the same line of business as theCompany.

Vendor

Address

Phone

Fax

BidderSignature

Printed Name

Position with Company

OfficialAuthorizing Bid

Signature

Printed Name

Position with Company

Section 00 42 00Attachment #5

. Section 00 45 13 - 1

Section 00 45 13 Prequalification PART 1: GENERAL 1.1 The Contractor represents to the Owner that the Contractor:

A. Is financially solvent, able to pay debts, and has sufficient working capital to complete the Work;

B. Is able to furnish the plant, tools, materials, supplies, equipment, skilled labor and sufficient experience and competence required to complete the Work equal to or exceeding industry standards;

C. Shall, prior to proposal, be properly licensed, if applicable, and ensures to the Owner that

such license shall remain in effect for the duration of the Work and warranty periods that the Contractor is authorized and properly licensed and/or registered to do business in the State of Texas and in the locale where the Work is located;

D. Execution of the agreement and performance thereof is within the Contractor's duly

authorized powers;

E. Or assigns have visited the site of Work and have become familiar with the conditions under which the Work is to be performed, obtained all available information and have correlated observations and acquired information with the requirements of the Contract Documents including conditions:

1. Bearing upon access to the site, accommodations required, transportation,

disposal, handling and storage;

2. Affecting availability of labor, materials, equipment, water, electricity, utilities and roads;

3. Such as weather and flooding;

4. Related to the apparent form and nature of the Work site including the site

conditions;

5. That in general would be deemed by a prudent contractor to be material to the Work as to assess risk, contingencies and other circumstances; and

F. Has completed prior contracts with diligent and continuous effort and has been responsive

to post-occupancy corrections.

. Section 00 45 13 - 2

PART 2: DEBARRED OR SUSPENDED CONTRACTORS A business (contractor, subcontractor, or supplier) that has either been debarred or suspended from doing business in the State of Texas or within the City of Abilene shall not be permitted to do business with the City of Abilene and shall not be considered for award of contract during the period for which it is debarred or suspended. End of Section 00 45 13

Section 00 46 00 - 1

Section 00 46 00 Supplemental Information PART 1: GENERAL 1.1 Asbestos Considerations

A. The Contractor, Subcontractors, and Materials Suppliers will to the best of their abilities, provide and install materials that are ASBESTOS-FREE. Any material violating AHERA regulations must be removed by a licensed asbestos abatement Contractor and replaced with non-asbestos containing equal(s) at no cost to the Owner. The area where such work is conducted will be returned to its substantially complete condition. Such replacement action will be in effect for the period of construction and continue through the entire warranty year.


Section 00 51 00 - 1

Section 00 51 00 Notice of Award 1.1 Notice of Award A. The Owner reserves the right to make a single or multiple awards for each individual lot or

on an "all or none" basis for all of the lots identified on the Proposal Form. B. The Owner shall be the sole judge as to the responsibility of the Offeror to satisfactorily

perform the work as specified within the time limit set. C. Upon failure of the Contractor to enter a contract and to submit required documentation

listed within the Contract Documents, within fifteen (15) days after receiving Notice of Award, the proposal security shall be forfeited to the Owner, be made to the next qualified offeror, or the work may be re-advertised, or may be constructed by the Owner, in any legal manner.

D. A Notice of Award will be forwarded by the Design Professional on behalf of the Owner to

the successful Contractor. E. Notice of Award will be accompanied by the Owner/Contractor Agreement to be signed by

the Contractor and returned to the Owner's Representative or Design Professional within fifteen (15) days of receipt.

F. Notice of Award will state the date of the pre-construction conference to be held between

the Owner's Representative, the Design Professional, and the Contractor. End of Section 00 51 00

. Section 00 52 00 - 1

Section 00 52 00 Agreement Forms PART 1: GENERAL 1.1 Contract and General Conditions. A. A sample of the AIA Contract and applicable General Conditions that will be used for this

project follow this section. B. Within AIA documents, all references to “Architect” shall be replaced with “Design

Professional”. End of Section 00 52 00

AIA®

Document A104TM – 2017 Standard Abbreviated Form of Agreement Between Owner and Contractor

AIA Document A104™ – 2017 (formerly A107™ – 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 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 draft was produced by AIA software at 09:24:11 on 05/04/2018 under Order No. 3293467452 which expires on 07/07/2018, and is not for resale. User Notes: (3B9ADA21)

1

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 DeletionsReport that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « » day of « » in the year « 2021 »(In words, indicate day, month and year.)

BETWEEN the Owner: (Name, legal status, address and other information)

«City of Abilene»« » «555 Walnut Street, Suite 203 Abilene, TX 79601» «Telephone Number: 325.676.6206» «Fax Number: 325.676.6229»

and the Contractor: (Name, legal status, address and other information)

« »« »« . »« » «Telephone Number: Fax Number: »

for the following Project: (Name, location and detailed description)

«Roof Replacement and Misc Work at the City of Abilene Container Maintenance Buildings (TML #212, #419, #420, #421, #422, #423, $424 and #425) City of Abilene 102 S. #3RD St.. Abilene, TX 79602 » « »

The Architect: (Name, legal status, address and other information)

«BLUEFIN, LLC a division of Mantis Innovation, LLC»« » «616 S. Coppell Rd. Coppell, TX 75019» «Telephone Number: 214.758.0785» «Fax Number: 214.792.9548»

The Owner and Contractor agree as follows.


2

TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE AND BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES EXHIBIT A DETERMINATION OF THE COST OF THE WORK ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be: (Check one of the following boxes.)


3

[ «» ] The date of this Agreement. [ «X» ] A date set forth in a notice to proceed issued by the Owner. [ «» ] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.) «» If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 Substantial Completion § 2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check the appropriate box and complete the necessary information.) [ «X» ] Not later than «sixty » ( «0» ) calendar days from the date of commencement of the Work. [ «» ] By the following date: «» § 2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date «N/A »

§ 2.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 2.3, liquidated damages, if any, shall be assessed as set forth in Section 3.5. ARTICLE 3 CONTRACT SUM § 3.1 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 one of the following: (Check the appropriate box.) [ «X» ] Stipulated Sum, in accordance with Section 3.2 below

[ «» ] Cost of the Work plus the Contractor’s Fee, in accordance with Section 3.3 below

[ «» ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) § 3.2 The Stipulated Sum shall be « » ($ « » ), subject to additions and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated 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.) « »


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§ 3.2.2 Unit prices, if any: (Identify the item and state the unit price and the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00) « »

§ 3.2.3 Allowances, if any, included in the stipulated sum: (Identify each allowance.)

Item Price « »

§ 3.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) «Per Section 00 73 00, Paragraph 1.14, Liquidated Damages: A. The Work's beginning and completion dates are essential conditions of the Contract Documents. The Work must begin as stated in the Notice to Proceed. B. The Contractor must proceed with the Work at a rate of progress to ensure full completion within the Contract Time. The Contractor and Owner expressly agree that the Contract Time for completing the Work is a reasonable time, considering the average climatic conditions and other factors prevailing in the locale. C. Because time is of the essence, liquidated damages apply to its performance. For each working day that any Work remains uncompleted after the final completion time as stated in the Contract and Notice to Proceed, the Owner will deduct the following amounts from money due or to be due to the Contractor. 1. $ per day D. The sums of money deducted for failure to complete any portions of the Work on time are not a penalty, but are reasonable liquidated damages, per working day, for defaulting on the contracted final completion time. The Owner and Contractor agree to fixed amounts because it is impracticable and extremely difficult to ascertain actual damages the Owner would sustain. The Contractor or Contractor's Surety must promptly pay any additional damages the Owner would sustain. The Contractor or Contractor's Surety must promptly pay any additional amounts if the amount the Owner can withhold from money due the Contractor does not cover the amount of liquidated damages. E. The Owner will not charge the Contractor with liquidated damages or any excess cost when the Contractor has given prompt written notice to the Owner and Design Professional, and the Owner confirms, that the delay in completion of the Work is due to:


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1. To any preference, priority, or allocation order issued by the Owner; 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including acts of God, of the public enemy, of the Owner, of another Contractor in performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; or 3. To any delays of subcontractors caused by the same occurrences listed above. » ARTICLE 4 PAYMENT § 4.1 Progress Payments § 4.1.1 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. § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « » § 4.1.3 Provided that an Application for Payment is received by the Architect not later than the «Tenth» day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the «Tenth» day of the «following» month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than «Forty-Five» ( «45» ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 4.1.4 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold retainage from the payment otherwise due as follows: (Insert a percentage or amount to be withheld as retainage from each Application for Payment and any terms for reduction of retainage during the course of the Work. The amount of retainage may be limited by governing law.) «5% of Completed Work and 5% of Stored Material» § 4.1.5 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.) «1.1» % «per annum» § 4.2 Final Payment § 4.2.1 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 18.2, and to satisfy other requirements, if any, which extend beyond final payment;

.2 the Contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a Guaranteed Maximum Price; and

.3 a final Certificate for Payment has been issued by the Architect in accordance with Section 15.7.1. § 4.2.2 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: «Final payment issued upon completion of final inspection, completion of all punch list items, acceptance of Work by Owner and Design Professional, and following receipt of all close-out documents as outlined in Section 01 77 00, Close-Out Procedures.»


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ARTICLE 5 DISPUTE RESOLUTION § 5.1 Binding Dispute Resolution For any claim subject to, but not resolved by, mediation pursuant to Section 21.5, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ «» ] Arbitration pursuant to Section 21.6 of this Agreement [ «X» ] Litigation in a court of competent jurisdiction [ «» ] Other (Specify) «» If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed AIA Document A104™–2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. § 6.1.2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203–2013 incorporated into this Agreement.) «N/A » § 6.1.3 The Supplementary and other Conditions of the Contract:

Document Title Date Pages « »

§ 6.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) « »

Section Title Date Pages


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§ 6.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) « »

Number Title Date

§ 6.1.6 The Addenda, if any:

Number Date Pages « »

Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are enumerated in this Article 6. ARTICLE 7 GENERAL PROVISIONS § 7.1 The Contract Documents The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement. 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. 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


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one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 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 between any persons or entities other than the Owner and the Contractor. § 7.3 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. § 7.4 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. § 7.5 Ownership and use of Drawings, Specifications and Other Instruments of Service § 7.5.1 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 in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and 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 the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub-subcontractors and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to the protocols established pursuant to Sections 7.6 and 7.7, 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 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. § 7.6 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 7.7 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 7.8 Severability The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract.


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§ 7.9 Notice § 7.9.1 Except as otherwise provided in Section 7.9.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 7.9.2 Notice of Claims shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 7.10 Relationship of the Parties Where the Contract is based on the Cost of the Work plus the Contractor’s Fee, with or without a Guaranteed Maximum Price, the Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor’s skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 8 OWNER § 8.1 Information and Services Required of the Owner § 8.1.1 Prior to commencement of the Work, at the written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 8.1.1, the Contract Time shall be extended appropriately. § 8.1.2 The Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.3 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.4 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments, and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. § 8.2 Owner’s Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is 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. § 8.3 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 notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to any other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 15.4.3, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including the Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 21.


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ARTICLE 9 CONTRACTOR § 9.1 Review of Contract Documents and Field Conditions by Contractor § 9.1.1 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. § 9.1.2 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 8.1.2, 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. § 9.1.3 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 discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 9.2 Supervision and Construction Procedures § 9.2.1 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. § 9.2.2 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. § 9.3 Labor and Materials § 9.3.1 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. § 9.3.2 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 skilled in tasks assigned to them. § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and in accordance with a Modification. § 9.4 Warranty 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 under normal usage. All other warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 15.6.3.


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§ 9.5 Taxes The Contractor shall pay sales, consumer, use, and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 Permits, Fees, Notices, and Compliance with Laws § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as 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. § 9.6.2 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. 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. § 9.7 Allowances The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Contractor’s costs for unloading and handling at the site, labor, installation, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowance. § 9.8 Contractor’s Construction Schedules § 9.8.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information 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, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. § 9.9 Submittals § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents in coordination with the Contractor’s construction schedule and in such sequence as to allow the Architect reasonable time for review. 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. The Work shall be in accordance with approved submittals. § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.9.3 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 or unless the Contractor needs to provide such services in order to carry out the Contractor's own responsibilities. If professional design services or certifications by a design professional are specifically required, the Owner and the Architect will specify the performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional. If no criteria are specified, the design shall comply with applicable codes and ordinances. Each Party shall be entitled to rely upon the information provided by the other Party. The Architect will review and approve or take other appropriate action on submittals for the limited purpose of checking for conformance with information provided and the design concept expressed in the Contract Documents. The Architect’s review of Shop Drawings, Product Data, Samples, and similar submittals shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. In performing such review, the Architect will approve, or take other appropriate action upon, the Contractor’s Shop Drawings, Product Data, Samples, and similar submittals.


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§ 9.10 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.11 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. § 9.12 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and 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 material from and about the Project. § 9.13 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 9.14 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 shall not be responsible for 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 an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 9.15 Indemnification § 9.15.1 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 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 which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 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 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT § 10.1 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, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 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. § 10.3 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work


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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 safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 10.4 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 promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) 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. § 10.5 Based on the Architect’s evaluations of the Work and 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. § 10.6 The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.7 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. § 10.8 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 will make initial decisions on all claims, disputes, and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. § 10.9 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. ARTICLE 11 SUBCONTRACTORS § 11.1 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. § 11.2 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the Subcontractors or suppliers proposed for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor’s list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the 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 the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the


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Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 12.2 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 activities with theirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a Separate Contractor because of delays, improperly timed activities, or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work, or defective construction of a Separate Contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor, and Architect, or by written Construction Change Directive signed by the Owner and Architect. Upon issuance of the Change Order or Construction Change Directive, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order or Construction Change Directive. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor’s monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order. § 13.3 The Architect will have 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 shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing this Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.6.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) changes ordered in the Work; (2) by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not


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reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor’s control; or (3) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 Schedule of Values § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price pursuant to Section 3.2 or 3.4, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Stipulated Sum or Guaranteed Maximum Price to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy required by the Architect. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 15.1.2 The allocation of the Stipulated Sum or Guaranteed Maximum Price under this Section 15.1 shall not constitute a separate stipulated sum or guaranteed maximum price for each individual line item in the schedule of values. § 15.2 Control Estimate § 15.2.1 Where the Contract Sum is the Cost of the Work, plus the Contractor’s Fee without a Guaranteed Maximum Price pursuant to Section 3.3, the Contractor shall prepare and submit to the Owner a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the estimated Cost of the Work plus the Contractor's Fee. § 15.2.2 The Control Estimate shall include:

.1 the documents enumerated in Article 6, including all Modifications thereto;

.2 a list of the assumptions made by the Contractor in the preparation of the Control Estimate to supplement the information provided by the Owner and contained in the Contract Documents;

.3 a statement of the estimated Cost of the Work organized by trade categories or systems and the Contractor's Fee;

.4 a project schedule upon which the Control Estimate is based, indicating proposed Subcontractors, activity sequences and durations, milestone dates for receipt and approval of pertinent information, schedule of shop drawings and samples, procurement and delivery of materials or equipment the Owner's occupancy requirements, and the date of Substantial Completion; and

.5 a list of any contingency amounts included in the Control Estimate for further development of design and construction.

§ 15.2.3 When the Control Estimate is acceptable to the Owner and Architect, the Owner shall acknowledge it in writing. The Owner's acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. § 15.2.4 The Contractor shall develop and implement a detailed system of cost control that will provide the Owner and Architect with timely information as to the anticipated total Cost of the Work. The cost control system shall compare the Control Estimate with the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes. This information shall be reported to the Owner, in writing, no later than the Contractor's first Application for Payment and shall be revised and submitted with each Application for Payment. § 15.2.5 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in the Control Estimate. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the Control Estimate and the revised Contract Documents. § 15.3 Applications for Payment § 15.3.1 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 15.1, for completed portions of the Work. The application shall be notarized, if required; be supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require; shall reflect retainage if provided for in the Contract Documents; and include any revised cost control information required by Section 15.2.4. Applications for Payment shall not include requests for payment for portions of the Work for which the


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Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 15.3.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor’s Fee. § 15.3.3 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 stored, and protected from damage, off the site at a location agreed upon in writing. § 15.3.4 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 other encumbrances adverse to the Owner’s interests. § 15.4 Certificates for Payment § 15.4.1 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 of the Architect’s reasons for withholding certification in whole or in part as provided in Section 15.4.3. § 15.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluations of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment in the amount certified. 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. 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 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. § 15.4.3 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 15.4.2 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 15.4.1. If the Contractor and the 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 9.2.2, 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 suppliers 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;


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.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. § 15.4.4 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 15.4.3, in whole or in part, that party may submit a Claim in accordance with Article 21. § 15.5 Progress Payments § 15.5.1 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. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in a similar manner. § 15.5.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor or supplier except as may otherwise be required by law. § 15.5.3 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. § 15.5.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 15.6 Substantial Completion § 15.6.1 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. § 15.6.2 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. § 15.6.3 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. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and 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. § 15.6.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to the 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. § 15.7 Final Completion and Final Payment § 15.7.1 Upon receipt of the Contractor’s 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 the Contract Documents and that the entire balance found to be due the Contractor and noted in the final


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Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions stated in Section 15.7.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or 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 costs and reasonable attorneys’ fees. § 15.7.3 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;

.3 terms of special warranties required by the Contract Documents; or

.4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 15.7.4 Acceptance of final payment by the Contractor, a Subcontractor or 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 the final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 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. 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 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, a Subcontractor, or a Sub-subcontractor; 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.

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 and property and their protection from damage, injury, or loss. The Contractor shall promptly remedy damage and loss to property 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 16.1.2 and 16.1.3. The Contractor may make a claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect 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 9.15. § 16.2 Hazardous Materials and Substances § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. 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 notify the Owner and Architect of the condition. 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 shutdown, delay, and start-up. § 16.2.2 To the fullest extent permitted by law, the Owner shall 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 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is


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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. ARTICLE 17 INSURANCE AND BONDS § 17.1 Contractor’s Insurance § 17.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in this Section 17.1 or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the insurance required by this Agreement from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 18.4, unless a different duration is stated below: «Coverage shall be maintained for the duration of the contract and the warranty period.» § 17.1.2 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than «One Million Dollars and Zero Cents» ($ «1000000.00» ) each occurrence, «Two Million Dollars and Zero Cents» ($ «2000000.00» ) general aggregate, and «One Million Dollars and Zero Cents» ($ «1000000.00» ) aggregate for products-completed operations hazard, providing coverage for claims including

.1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person;

.2 personal and advertising injury;

.3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property;

.4 bodily injury or property damage arising out of completed operations; and

.5 the Contractor’s indemnity obligations under Section 9.15. § 17.1.3 Automobile Liability covering vehicles owned by the Contractor and non-owned vehicles used by the Contractor, with policy limits of not less than «One Million Dollars and Zero Cents» ($ «1000000.00» ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. § 17.1.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 17.1.2 and 17.1.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 17.1.5 Workers’ Compensation at statutory limits. § 17.1.6 Employers’ Liability with policy limits not less than «One Million Dollars and Zero Cents» ($ «1000000.00» ) each accident, «One Million Dollars and Zero Cents» ($ «1000000.00» ) each employee, and «One Million Dollars and Zero Cents» ($ «1000000.00» ) policy limit. § 17.1.7 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than «Zero Dollars and Zero Cents» ($ «0.00» ) per claim and «Zero Dollars and Zero Cents» ($ «0.00» ) in the aggregate. § 17.1.8 If the Work involves the transport, dissemination, use, or release of pollutants, the Contractor shall procure Pollution Liability insurance, with policy limits of not less than «Zero Dollars and Zero Cents» ($ «0.00» ) per claim and «Zero Dollars and Zero Cents» ($ «0.00» ) in the aggregate. § 17.1.9 Coverage under Sections 17.1.7 and 17.1.8 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than «Zero Dollars and Zero Cents» ($ «0.00» ) per claim and «Zero Dollars and Zero Cents» ($ «0.00» ) in the aggregate.


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§ 17.1.10 The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Section 17.1 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the period required by Section 17.1.1. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess or umbrella liability policy. § 17.1.11 The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § 17.1.12 To the fullest extent permitted by law, the Contractor shall cause the commercial liability coverage required by this Section 17.1 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 for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect’s Consultants, CG 20 32 07 04. § 17.1.13 Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17.1, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 17.1.14 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverage Limits «Workers' Compensation Coverage Builder's Risk Insurance Contractor and Subcontractor insurance shall comply with the insurance requirements outlined in Section 00 62 00. »

Per Statutory Limits 100% of Contract Amount

Contractor and subcontractors must indemnify, hold harmless, and defend the Owner from and against liability for any claims arising out of Contractor and subcontractors' work and activities conducted in connection with this Agreement. The Contractor is an independent contractor and is not, with respect to its acts or omissions, an agent or employee of the Owner. Contractor and subcontractor must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of Contractor's and subcontractor's employees while in the vicinity where work is being done. The Owner is not liable or responsible for the negligence or intentional acts or omissions of the Contractor or its subcontractors, nor Contractor's or subcontractor's employees. The Owner assumes no responsibility or liability for damages which are directly or indirectly attributable to premise defects. Responsibility for all such defects is expressly assumed by the Contractor and its subcontractors. The Owner and Contractor must provide the other prompt and timely notice of any covered event which in any way affects or might affect the Contractor, its subcontractors, or the Owner. The Owner has the right to compromise and defend the same to the extent of its own interests. BOTH THE OWNER AND CONTRACTOR EXPRESSLY INTEND THIS CONTRACT'S INDEMNITY PROVISION TO REQUIRE CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE


21

CONSEQUENCES OF THE OWNER’S OWN NEGLIGENCE WHILE THE OWNER IS PARTICIPATING IN THIS CONTRACT, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE DAMAGES. THIS CONTRACT'S INDEMNITY PROVISION DOES NOT APPLY TO ANY CLAIM WHERE DAMAGE IS PROVEN TO RESULT FROM THE SOLE NEGLIGENCE OF THE OWNER. § 17.2 Owner’s Insurance § 17.2.1 Owner’s Liability Insurance The Owner is self-insured as authorized under Texas statute. § 17.3 Performance Bond and Payment Bond § 17.3.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in the Contract Documents on the date of execution of the Contract. § 17.3.2 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. ARTICLE 18 CORRECTION OF WORK § 18.1 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, unless compensable under Section A.1.7.3 in Exhibit A, Determination of the Cost of the Work. § 18.2 In addition to the Contractor’s obligations under Section 9.4, 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 15.6.3, 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 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. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. § 18.4 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. § 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 Assignment of Contract Neither party to the Contract shall assign the Contract without written consent of the other, except that 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. § 19.2 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21.6.


22

§ 19.3 Tests and Inspections Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities shall be made at an appropriate time. 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 tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 19.4 The Owner’s representative: (Name, address, email address and other information) «Robert Hanna» «City of Abilene » «555 Walnut Street, Suite 203» «Abilene, TX 79601 » «Telephone Number: 325.676.6206» «Email Address: [email protected]» § 19.5 The Contractor’s representative: (Name, address, email address and other information) « » «» « » « » « » « » § 19.6 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 Termination by the Contractor If the Architect fails to certify payment as provided in Section 15.4.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days’ notice to the Owner and the 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. § 20.2 Termination by the Owner for Cause § 20.2.1 The Owner may terminate the Contract if the Contractor

.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;

.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or

.4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the reasons described in Section 20.2.1 exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days’ notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor,


23

the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 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 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 Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 Termination by the Owner for Convenience The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. The Owner shall pay the Contractor for Work executed; and costs incurred by reason of such termination, including costs attributable to termination of Subcontracts; and a termination fee, if any, as follows: (Insert the amount of or method for determining the fee payable to the Contractor by the Owner following a termination for the Owner’s convenience, if any.) «N/A» This Agreement entered into as of the day and year first written above.

« » « » OWNER (Signature) CONTRACTOR (Signature)

«Robert Hanna, »«City Manager» « »« » (Printed name and title) (Printed name and title)

Section 00 52 00 Attachment #2

ENUMERATION OF THE CONTRACT DOCUMENTS

PROJECT: Roof Replacement and Miscellaneous Work at Select Facilities: the City of Abilene Container Maintenance Buildings

Former Welding Shop (TML 212) Bay and Paint Booth (TML 419) Compressor Building (TML 420) Storage Building (TML 421) Former Office (TML 422) Wash Rack (TML 423) Poly Repair Building (TML 424) Welding Shop (TML 425)

The Contract Documents, except for Modifications executed after the effective date of the agreement, will consist of the following:

1. The Agreement including all addenda signed by the Owner and Contractor.

2. All general, supplemental, special or other conditions contained in the Request for Proposals and Project Manual.

3. The Specifications contained in the Request for Proposals, Project Manual, and on the Drawings.

4. The Drawings identified as follows: (or attach list)

ARCHITECTURAL SHEETS

G-001 Cover Sheet, Location Map, Sheet Index A-001 Existing/New Roof Systems, General Notes AS-100 Aerial Site Plan AD-100 Overall Roof Plans (Demolition) A-100 Overall Roof Plans (New Work) A-500 Details A-501 Details A-502 Details

5. The following list of addenda to the Drawings/Specifications:

6. The Proposal Documents including the Request for Proposals, Instructions to Offerors, the Proposal Form and Bond Form, the Subcontractor Listing Requirements, any Bond/Insurance Certificate/Insurance Endorsement Forms, Prevailing Wage Information, Contractor’s Proposal and relevant Addenda or portions thereof shall be deemed to be so modified and amended as set out in the balance of the Contract Documents.

. Section 00 55 00 - 1

Section 00 55 00 Notice to Proceed 1.1 Notice to Proceed A. Notice to Proceed is the official notice from the Owner or Design Professional on behalf of

the Owner to the Contractor to commence prosecution of the work, and commences the running of the time for completion of the work.

B. Notice to Proceed will generally be given following receipt and approval of the following:

1. Fully executed contract 2. Certificate of Insurance 3. Schedule of Values 4. Construction Schedule 5. Product and Material Submittals

C. No work shall be commenced by the Contractor prior to receipt of Notice to Proceed.


Section 00 61 00 - 1

Section 00 61 00 Bond Forms 1.1 Proposal / Bid Bond A. Proposal shall be accompanied by an acceptable Bid Bond or Cashier's Check in a sum

not less than five percent (5%) of the maximum proposal, payable to the Owner, with the understanding that if the proposal is accepted, the Proposer will, within fifteen (15) days, enter into a contract and give acceptable Surety Company Performance and Labor and Material Payment Bond, in the full amount of the contract for such work.

B. In case of failure of the successful proposer to enter a contract and give acceptable

Performance Bond and Labor and Material Payment Bond, the Bid Bond or Cashier's Check will be forfeited to the Owner as liquidated damages. Otherwise, it will be returned to the Proposer within sixty (60) days from the date of opening of the proposals.

1.2 Performance Bond

A. A sample Performance Bond is attached for reference. 1.3 Payment Bond

A. A sample Payment Bond is attached for reference. End of Section 00 61 00

Section 00 61 00 – Attachment 1

STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE

(PUBLIC WORKS)

(Penalty of this Bond must be 100% of Contract Amount)

KNOW ALL MEN BY THESE PRESENTS, That (hereinafter called the Principal), as Principal and (hereinafter called the Surety), as Surety, are held and firmly bound unto (hereinafter call the Obligee), in the amount of Dollars ($ ) for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has entered into a certain written contract with the Obligee, dated the day of , 20 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this day of , 20 . (Principal) By (Surety) By Attorney-in-Fact

Section 00 61 00 – Attachment 2

STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE

(PUBLIC WORKS)

(Penalty of this Bond must be 100% of Contract Amount)

KNOW ALL MEN BY THESE PRESENTS, That

(hereinafter called the Principal), as Principal and

(hereinafter called the Surety), as Surety, are held and firmly bound unto

(hereinafter call the Obligee), in the amount of

Dollars ($ ) for the payment whereof the said Principal and Surety bind

themselves and their heirs, administrators, executors, successors and assigns, jointly and

severally, firmly by these presents.

WHEREAS, the principal has entered into a certain written contract with the Obligee, dated

the day of , 20 , to which contract is hereby referred to

and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein.

IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this

day of , 20 . (Principal) By (Surety) By Attorney-in-Fact

Section 00 62 00 - 1

Section 00 62 00 Certificates and Other Forms 1.1 Insurance – General Requirements

A. Contractor's insurance requirements are as set forth in these documents. One (1) signed copy of all required certificates, endorsements, or other evidence of insurance must be delivered to Owner. One (1) copy shall be provided to the Design Professional. The forms of any required insurance certificates or insurance endorsements are attached as part of this Section 00 62 00.

B. The Contractor must maintain the types and amounts of required insurance throughout the term of the agreement and warranty period. Contractor is solely responsible for providing a Certificate of Insurance evidencing the required coverage types and amounts. The City may terminate this Contract if Contractor fails to timely comply with these requirements.

C. Required insurer must be:

1. Issued by a company or companies of sound and adequate financial responsibility;

2. Authorized to do business in the State of Texas;

3. Maintain an address for service of process in Texas;

4. Have an "A" policyholder's rating and a financial rating of at least Class XI in

accordance with the most current A.M. Best's Rating; or be acceptable to the Owner as evidenced by the Owner's written approval of such insurer.

D. Certificates of Insurance and endorsements must be on forms acceptable to Owner and

delivered to Owner prior to commencement of work. The Contractor shall furnish a Certificate of Insurance under current form of ACORD 25 (2016/03). The Certificate shall include a 30 day cancellation clause. The Certificate must include the provision that the insurance company will mail 30 day written notice to the Owner. The wording "will endeavor" is not acceptable. Contractor shall provide Owner and Design Professional with a transmittal letter stating that all insurance documents have been reviewed and have met or exceeded the contract document requirements.

E. In addition, if requested by Owner, Contractor shall deliver to Owner a certified copy of any policies called for in these documents including any endorsements, addenda, or amendments to such policies within ten (10) days. If Owner is damaged by Contractor's failure to obtain and maintain the required insurance, then Contractor shall be liable to Owner for all costs, expenses, and damages which may result. All insurance policies to be furnished by Contractor for purposes of this project shall be subject to approval by Owner. All policies shall be on an occurrence as opposed to claims made basis.

F. At the time of the Contractor's execution of the contract, Contractor shall deliver to Owner

a certificate(s) of insurance testifying that he has obtained full Worker's Compensation and

Section 00 62 00 - 2

Employer's Liability insurance coverage for all persons whom he employs or may employ during the course of the project. Such coverage shall be maintained for the duration of the contract and the warranty period shall meet the most current requirements.

G. All policies are subject to examination and approval by the City’s office of Risk

Management for their adequacy as to content, form of protection, and providing company. H. The required insurance policies shall include waivers of subrogation in favor of the Owner. I. Required insurance naming the Owner and Design Professional as additional insured on

the required Owner’s Protective Liability Insurance Policy, General Liability and Automobile Liability and Builder’s Risk policies must be primary insurance and not contributing with any other insurance available to Owner, under any third party liability policy.

J. Before the Notice to Proceed is issued for this Contract, the Contractor must provide the

Owner and Design Professional a Certificate of Insurance or a certified copy of the insurance policy evidencing the required insurance. Thereafter, the Contractor must furnish new certificates or copies of the policy before any existing certificate expires.

K. A sample Certificate of Insurance is attached for reference.

1.2 Types and Amounts of Insurance The following types and amounts of insurance are required in this contract.

A. General Liability Insurance shall be provided with the following limits.

1. $2,000,000 General Aggregate 2. $1,000,000 Products/Completed Operations Aggregate 3. $1,000,000 Personal Injury and Advertising Injury 4. $1,000,000 Each Occurrence 5. $100,000 Damage to Rented Premises 6. $5,000 Medical Expenses (any one person)

B. If coverage is provided under Comprehensive General Liability prior to 11/85 ISO policy

limits shall be as follows.

1. $1,000,000 Bodily Injury and Property Damage combined per occurrence. 2. $1,000,000 Bodily Injury and Property Damage combined aggregate.

C. Excess Liability shall be provided with the following limits:

1. $1,000,000 Each Occurrence

D. This policy must include premises / operations, independent contractors, products, and

completed operations, contractual liability covering the contract, broad form property damage including completed operations, personal injury, and underground coverage if project requires underground operations.

Section 00 62 00 - 3

E. Automobile Liability Insurance: Contractor shall procure and maintain during the life of the contract, Automobile Liability Insurance with the following limits. Excess insurance or umbrella liability insurance will be accepted in attaining the required limits.

1. $1,000,000 combined single limit bodily injury or property damage per occurrence. 2. Coverage must be on an "any Auto" basis or must include owned, hired, and non-

owned automobile coverage.

F. Workers’ Compensation Coverage: See Paragraph 1.3.

G. Subcontractor’s Liability Insurance: Contractor shall require each Subcontractor to provide such coverage or qualify as a self-insured for all the Subcontractor's employees working on the project. Neither the Owner nor the Design Professional, their directors, officers, board members, representatives, agents, or employees will be responsible for any claims or actions occasioned by the failure of the Contractor to comply with this obligation. Each Subcontractor shall be required by the Contractor to provide Employer's Liability coverage as listed in Paragraph 1.2.A, B, D, E, and F.

H. Builder's Risk Insurance

1. Contractor shall obtain and maintain Builder's Risk "Special Form" insurance coverage for full insurable value to replace or repair up to the contract sum, with provisions for endorsements to increase coverage if the contract sum is increased. Such insurance coverage shall include the interests of Owner, Contractor, Subcontractor, and Sub-subcontractors in the work and shall insure without limitation against the perils of fire with extended coverage and shall include "Special Form" insurance for the physical loss or damage including, without duplication of coverage, theft, vandalism, and malicious mischief. Such coverage shall include work in progress and completed work. If not covered by the "Special Form" insurance, Contractor shall also obtain similar property insurance coverage on portions of the work stored off the site or in transit when such portions of the work are to be included in an application for payment. Such insurance shall include as additional insured the Owner, the Owner's representative(s), and each of their respective directors, officers, board members, employees, and agents, and Crenshaw Consulting Group, LLC. The form of coverage and policy called for herein must be accepted and approved by Owner.

2. Such insurance may have a deductible clause but not to exceed $5,000 per

occurrence. Contractor shall be liable for the deductible on any loss to which the deductible applies.

3. Any loss under this section shall be adjusted with the Owner and made payable to

the Owner. Upon receipt of the insurance proceeds, Owner shall reimburse Contractor or his Subcontractors for any insured losses less any deductible charged to the Owner.

4. Contractor shall deliver to Owner such endorsements to the coverage provided

herein to insure coverage of the entire work even if Owner should take partial

Section 00 62 00 - 4

occupancy of part of the work before substantial completion is reached on all the work. The policy shall contain a "Permission to Occupy" endorsement acceptable to the Owner.

5. To the extent Contractor or any Subcontractor is reimbursed by Owner for any loss

covered by the insurance provided, the Contractor or Subcontractor shall waive any claim they may have for such losses to the extent covered by the insurance.

1.3 State Mandated Workers’ Compensation Insurance Coverage

A. Definitions 1. Certificate of Coverage (“Certificate”) – a copy of a certificate of insurance, a

certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the project.

2. Duration of the project – includes the time from the beginning of the work on the

project until the contractor’s / person’s work on the project has been completed and accepted by the Owner.

3. Persons providing services on the project (“subcontractors in 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. “Services” include, without limitations, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to the project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The Contractor shall provide coverage, based on proper reporting of classification codes

and payroll amounts and filing of any coverage amounts, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project.

C. The Contractor must provide a certificate of coverage to the Owner and Design

Professional prior to being awarded the Contract. D. Contractor must have a Workers’ Compensation modifier rate of one (1) or lower to

qualify for the project. Contractor must submit evidence with insurance documentation submitted with proposal.

E. 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

Section 00 62 00 - 5

period, file a new certificate of coverage with the Owner showing that coverage has been extended.

F. The Contractor shall obtain from each person providing services on a project, and provide

to the Owner and Design Professional:

1. A certificate of coverage, prior to that person beginning work on the project, so the Owner and Design Professional will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. No later than seven (7) calendar days after receipt by the Contractor, a new

certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

G. The Contractor shall retain all required certificates of coverage for the duration of the

project and for one (1) year thereafter. H. 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.

I. The Contractor shall post on each project site a notice, in the text, form, and manner

prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

J. The Contractor shall contractually require each person with whom it contracts to provide

services on a 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 service 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

Section 00 62 00 - 6

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 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 (1) year thereafter; 6. Notify the Owner in writing by certified mail or personal delivery, within ten (10)

calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing service on the project; and

7. Contractually require each person with whom it contracts, to perform as required

by Paragraphs 1-7, with the certificates of coverage to be provided to the person for whom they are providing services.

K. 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 and all subcontractors who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

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 the contract void if the Contractor does not remedy the breach within ten (10) calendar days after receipt of notice of breach from the Owner.


SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #

NAME:CONTACT

(A/C, No):FAX

E-MAILADDRESS:

PRODUCER

(A/C, No, Ext):PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:

(Per accident)

(Ea accident)

$

$

N / A

SUBRWVD

ADDLINSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

$

$

$

$PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLYNON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?(Mandatory in NH)

DESCRIPTION OF OPERATIONS belowIf yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

$

$

$

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

EROTH-

STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP

(MM/DD/YYYY)POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTRINSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB $EACH OCCURRENCE

$AGGREGATE

$

OCCUR

CLAIMS-MADE

DED RETENTION $

$PRODUCTS - COMP/OP AGG

$GENERAL AGGREGATE

$PERSONAL & ADV INJURY

$MED EXP (Any one person)

$EACH OCCURRENCEDAMAGE TO RENTED

$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICYPRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY

Broker's Name and Address

Insured's Name and Address

Insurance Company

x1,000,000

5,0001,000,0002,000,0001,000,000

x1,000,000

x1,000,000

x

BUILDER'S RISK 100% OF CONTRACT AMOUNT

See Section 00 62 00 for specific coverage requirements.Additional Insured: City of Abilene and BLUEFIN, LLC

100,000

Section 00 64 00 - 1

Section 00 64 00 Prevailing Wage Rates 1.1 Prevailing Wage Rates

A. Minimum prevailing wage rates are applicable for the performance of this Contract. For federally funded projects, wage rates must comply with federal law.

B. It is the Contractor's responsibility to acquaint himself with and comply with State

Regulations regarding payment of wages on public projects. Compliance is a part of this Proposal. The Contractor shall pay all persons employed on the site of the project in compliance with all federal, state, and local laws.

C. In the event it is found that any person employed by the Contractor or subcontractor on the

site of a project covered by this Contract has been or is being paid, as a result of a violation, a rate of wages less than the rate of wages required by the Contract, Owner may, by written notice to the Contractor and his subcontractor (if the violation involves a subcontractor) terminate their right to proceed with the work, or such part of the work as to which there has been a willful failure to pay the required wages. Owner may prosecute the work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess cost occasioned thereby.


Section 00 73 00 - 1

Section 00 73 00 Supplementary Conditions PART 1: GENERAL 1.1 These are general conditions to all Contractors. Reference to, or requirements for, non-applicable

conditions for any particular contract will be construed to have no meaning relative to the performance of such work.

1.2 Definitions

A. The following terms as used in this contract shall be defined and interpreted as follows:

1. “Contract” or “This Contract”: The particular contract executed by the Contractor

and the Owner, of which these General Conditions are integral parts. 2. “Owner”: The City of Abilene. 3. “Owner’s Representative”: The person designated by the Owner, or his duly

authorized assistants and/or inspectors, acting as a representative for the Owner in the administration of this contract for the benefit of the Owner in accordance with the Contract Documents.

4. “Contractor”: The person, partnership, firm, or corporation contracting to do the

work under these Contract Documents. The term shall also include the Contractor’s agents, employees, and subcontractors. The legal address is shown in the Proposal.

5. “Architect”, “Engineer”, or “Design Professional”: The Engineer or Design

Professional as designated by the Owner’s Representative, the Project Manager, or his duly authorized assistants and/or inspectors, acting as agents for the Owner in the administration of this contract under the direction of the Owner’s Representative and Project Manager, for the benefit of the Owner in accordance with the Contract Documents. All references to “Architect” within all AIA documents used in the Contract Documents and throughout the project duration, shall be replaced with “Design Professional”.

6. “Project”: The structure or improvement to be constructed in whole or in part

through the performance of the contract. 7. “Project Manager”: The person designated by the Owner or his duly authorized

assistants and/or inspectors, acting as agents for the Owner in the administration of this contract for the benefit of the Owner in accordance with the Contract Documents.

Section 00 73 00 - 2

8. “Plans”: The plans shall mean all official drawings and reproductions of drawings made or to be made pertaining to the work provided for in the contract, or to any structure connected therewith.

9. “Specifications”: The specifications shall mean the prescribed directions,

requirements, explanations, terms, and provisions pertaining to the various features of the work to be done, or manner and method of performance, and the manner and method of measurements and payments. They also include directions, requirements, and explanations as set forth on the plans. “Reference Specifications” shall mean the technical specifications of other agencies incorporated or referred to herein.

10. “Work”: The work necessary to manufacture and deliver the machinery,

equipment and material, and/or the furnishings of all labor, tools, materials, equipment, construction equipment, working drawings where required, and other necessities for the construction or erection of the structures shown and called for in the plans, specifications, and contract and the act of constructing or erecting said structures complete.

11. “Item”: A convenient subdivision of work under these specifications as herein

separately described. 12. “Material” or “Materials”: These words shall be construed to embrace machinery,

manufactured articles, materials of construction (fabricated or otherwise), and any other classes of material to be furnished in connection with the contract.

13. “Equipment”: The machinery, accessories, appurtenances, and manufactured

articles to be furnished and/or installed under the Contract. 14. “Contractor’s Equipment”: The phrase “Contractor’s Equipment” shall include all

items of materials or equipment remaining in the contractor’s ownership and removed from the site upon completion of the project.

15. “Or Equal”: Any manufactured article, material, method, or work, which in the

opinion of the Owner’s Representative and Project Manager, is equally desirable or suitable for the purposes intended in these specifications and contract as compared with similar articles specifically mentioned herein.

16. “Contract Drawings” or “Drawings”: All drawings or plans prepared by the Design

Professional. 17. “Details” or “Additional Drawings”: All details or drawings prepared and issued by

the Design Professional subsequent to the signing of the contract, and for further explanation or amplification of the Contract Drawings or for the revision of the same, all as herein provided.

Section 00 73 00 - 3

18. “Supplemental Drawings and Instructions”: The Design Professional may furnish, at his sole discretion, upon written request of the Contractor, with reasonable promptness, additional instructions by means of drawings or documents necessary, in the opinion of the Design Professional, for the proper execution of the work. All such drawings and instructions shall be consistent with the Contract Documents.

19. Words and Phrases: Whenever the words, “as directed,” “as required,” “as

permitted,” or words of like effect are used, it shall be understood that the direction, requirement or permission of the Owner, Owner’s Representative, Project Manager, and Design Professional is intended. The words “sufficient,” “necessary,” “proper,” and the like shall mean sufficient, necessary or proper in the judgment of the Owner, Owner’s Representative, Project Manager, and Design Professional. The words “approved,” “acceptable,” “satisfactory,” or words of like import shall mean approved by or acceptable to the Owner, Owner’s Representative, Project Manager, and Design Professional.

20. “Contract Price”: Either the Unit prices, or lump sum price, or prices named in the

proposal, executed contract, or in properly executed change orders. 21. “Surety”: Any firm or corporation executing a safety bond or cost proposal/bids

payable to the Owner securing the performance of the contract either in whole or in part.

22. “Time Limits”: All time limits stated in the Contract Documents are of the essence

of the contract. 23. “Contract Documents”: The Contract Documents shall consist of the following,

and in case of conflicting provisions, the first mentioned shall have precedence.

a. Request for Proposal / Information for Offerors b. Project Manual / Specifications c. Detailed Drawings and Written Instructions / Plans d. Addenda e. Executed Agreement / Contract f. Change Orders after the Agreement is Signed g. Measurement and Payment h. Special Provisions i. Technical Provisions j. General Conditions k. Supplementary Conditions l. Cost Proposal m. Payment and Performance Bonds

24. “Conflict of Provisions”: In the event of any conflict between any provisions or

requirement of the component parts of this Contract, the component part having the highest order of sequence shall govern.

Section 00 73 00 - 4

1.3 Abbreviations

A. Whenever the following abbreviations are used on the plans, specifications, proposals/bids, and contracts, they shall be construed to mean the words and terms as listed below: 1. CI Cast Iron 2. CIP Cast Iron Pipe 3. CL Centerline 4. Conc. Concrete 5. Conc. Pav. Concrete Pavement 6. Conc. Ret. Wall Concrete Retaining Wall 7. Cond. Conduit 8. C to C Center to Center 9. DFPA Douglas Fir Plywood Association 10. E East 11. Elev. Elevation 12. Ex. Exist or Existing 13. FBM Foot Board Measure 14. G Gas 15. GA Gauge 16. GIP Galvanized Iron Pipe 17. ID or dia Inside Diameter 18. L Length 19. Max Maximum 20. Min Minimum 21. MJ Mechanical Joint 22. N North 23. NIC Not in Contact 24. OD Outside Diameter 25. P Power 26. Pav Pavement 27. PJM Premolded Expansion Joint Material 28. PL Property Line 29. PLk Planking 30. Pri Primary 31. Prop Proposed 32. PSF Pounds Per Square Foot 33. PSI Pounds Per Square Inch 34. R Radius 35. Rem Remove 36. Repl Replace 37. S South 38. Sq Square 39. W West

Section 00 73 00 - 5

1.4 Execution, Correlation, and Intent of Documents

A. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment, and transportation necessary for the proper execution of the work except where material or equipment is specifically accepted. Materials or work described in words, which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards.

B. It is intended that work not covered under any heading, section, branch, class, or trade of

the specifications shall be supplied if it is shown on drawings or is reasonably inferable as being necessary to produce the intended results. Minor items of work or material omitted from the original plans or specifications, but clearly inferable from the information presented and which are called for by accepted good practice shall be provided and/or performed by the Contractor as part of his original cost.

C. Where the Contract Documents refer to referenced specifications, such specifications shall

be applied to technical provisions only, unless otherwise designated. 1.5 Plans and Specifications – Omissions and Discrepancies A. Upon receipt of award of contract, the Contractor shall carefully study and compare all

drawings, specifications, and other instructions, and shall, prior to ordering material or performing work, report in writing to the Owner’s Representative an error, inconsistency, or omission in respect to design, mode of construction, or cost which he may deliver. If the Contractor, in the course of this study or in the accomplishment of the work, finds any discrepancy between the drawings and the physical condition of the locality as represented in the drawings, or any such errors or omissions in respect to design, mode of construction or cost in drawings or in the layout as given by points and instruction, it shall be his duty to inform the Owner’s Representative immediately in writing and the Owner’s Representative shall properly check the same. Any work done after such discovery, until correction of drawings or authorization of extra work is given, if the Owner’s Representative finds that extra work is involved, will be done at the Contractor’s risk. If extra work is involved, the procedure shall be as provided in changes in the work.

1.6 Examination of Site of Work

A. Before submitting his proposal, the Offeror shall examine the site of the work and ascertain for himself all the physical conditions in relation thereto. Failure to do this shall not relieve the Offeror from entering into a contract nor excuse him from performing the work in strict accordance with the terms of the contract and specifications. He will not be entitled to additional compensation if he subsequently finds the conditions to require other methods or equipment that he did not anticipate in making his unit contract cost proposal prices. Any statement or representation made by an officer, agent, or employee of the Owner with respect to the physical conditions appertaining to the site of the work shall not be binding upon the Owner.

Section 00 73 00 - 6

1.7 Status of Owner’s Representative or Design Professional

A. The Owner’s Representative and Design Professional shall act as advisor and consultant to represent the Owner in matters relating to the contract, PROVIDED, HOWEVER, nothing contained herein or elsewhere in the Contract Documents shall be construed as requiring the Owner’s Representative or Design Professional to direct the method or manner of performing any work by the Contractor under this contract. The Owner, or his duly authorized official, has authority to stop the work whenever, in his opinion, such stoppage may be necessary to insure the proper execution of the contract. The Owner’s Representative or Design Professional may reject all work and materials which, in their opinion, do not conform to the contract.

B. It is understood and agreed by and between the parties hereto that the work included in

the contract is to be done to complete satisfaction of the Owner’s Representative or his duly authorized representative, and that the decision of the Owner’s Representative as to the true construction and meaning of the contract, plans, specifications, and estimates, and as to all questions arising as to proper performance of the work shall be final. The Owner’s Representative shall determine the unit quantities and the classification of all work done and materials furnished under the provisions of this agreement and his determination thereof shall be final and conclusive and binding upon the Contractor.

C. The Owner’s Representative shall decide any and all questions which may arise as to the

quality or acceptability of materials furnished and work performed and as to the rate of progress of the work, and all questions as to acceptable fulfillment and performance of the contract on the part of the Contractor and as to compensation. The decision of the Owner’s Representative in such matters shall be final.

D. The Owner’s Representative may direct the sequence of conducting work when it is in

locations where the Owner is doing work either by contract or by his own forces, or where such other works may be affected by the Contract, in order that conflict may be avoided and the work under these specifications be harmonized with that under other contracts, or with other work being done in connection with, or growing out of, operations of the Owner. Nothing herein contained, however, shall be taken to relieve the Contractor of any of his obligations or liabilities under the contract.

E. Neither the Owner nor his representatives have authority to waive the obligation of the

Contractor to perform the work in accordance with the Contract Documents. Failure or omission on the part of the Owner or his representatives to condemn unsuitable, inferior, or defective work and/or labor or material or equipment furnished under the Contract shall not release the Contractor or his bond from performing the work in accordance with the Contract Documents.

1.8 Owner’s Representative Decision A. The Owner’s Representative shall, within a reasonable time after presentation of written

claims by the Contractor to him, make decisions in writing on all claims and on all matters relating to the execution and progress of the work or the interpretation of the Contract

Section 00 73 00 - 7

Documents. The Contractor must make all claims in writing. Oral instructions shall be disregarded by the Contractor. Notice of all claims shall be addressed to the Owner’s Representative.

B. All the decisions of the Owner’s Representative shall be final, except in cases where

disputed time and/or increase or decrease of the Contract price is involved, which if no agreement in this regard thereto is reached, shall be subject to determination by a court of competent jurisdiction unless otherwise settled by compromise or arbitration. In respect to performance of the work prior to any such determination, if the Contractor does proceed with the work which is the subject of dispute, he does so at his own risk pending such determination.

1.9 Contractor’s Representation and Warranty

A. In submitting a proposal under these Contract Documents, the Contractor represents and warrants that he has specified himself as to construction conditions by personal examination of the plans, examinations, and investigations as to the nature of the soil and construction problems which may be encountered by reason thereof. Contractor also warrants and represents himself to be experienced and an expert in the construction contemplated. Contractor further understands that in mailing the contract award, Owner is relying upon the representations and warranties of Contractor herein contained.

1.10 Inspection and Tests

A. The Owner’s Representative shall at all times have access to the work to observe the progress and quality wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for necessary inspection and testing at the Contractor’s expense. After inspection, a re-examination of questioned work may be ordered by the Owner’s Representative, and if so ordered, the work shall be uncovered by the Contractor. If such work be found by the Owner’s Representative to be in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If such work be not found in accordance with the Contract Documents, the Contractor shall pay such costs.

B. The Owner will make all tests of the completed work as deemed necessary by the Owner’s

Representative to assure that the work is in accordance with the specifications. All initial testing will be at the Owner’s expense. If, for any reason, a test is unsatisfactory, the Contractor shall pay all costs incurred by the Owner or Owner’s Representative for the inspection and retesting of the unsatisfactory test.

C. Where in the specifications, the Owner’s Representative’s instructions, laws, ordinances,

or any government authority require any work to be specially tested or inspected, the Contractor shall give the Owner’s Representative timely notice that such test or completed work is ready for inspection. If the inspection is by another authority than the Owner’s Representative, the Contractor shall give the Owner’s Representative timely notice of the data fixed for such inspection. Required certificates of inspection by authority other than the Owner’s Representative shall be secured by the Contractor.

Section 00 73 00 - 8

1.11 Final Inspection and Acceptance

A. All materials and completed work are subject to final inspection by the Owner’s

Representative before acceptance by the Owner. The Owner’s Representative may require and shall have the right to subject all machinery and equipment and work to such test, as in his opinion, will assist in determining whether the contract has been performed in accordance with the Contract Documents.

1.12 Plans and Specifications Accessible

A. The Contractor will be furnished two copies of plans and specifications and shall keep at

least one copy of the same constantly accessible at the construction site. B. When shop drawings are required to be submitted for acceptance, one copy of the

approved shop drawings shall be kept constantly accessible at the construction site. 1.13 Ownership of Drawings

A. All drawings, specifications, and copies thereof prepared or furnished by the Design

Professional are the property of the Design Professional. They are not to be used on other work, and with the exception of the signed contract set, are to be returned to the Design Professional upon completion of the work.

1.14 Liquidated Damages

A. The Work’s beginning and completion dates are essential conditions of the Contract Documents. The Work must begin as stated in the Notice to Proceed.

B. The Contractor must proceed with the Work at a rate of progress to ensure full completion within the Contract Time. The Contractor and City expressly agree that the Contract Time for completing the Work is a reasonable time, considering the average climatic and economic conditions and other factors prevailing in the locale.

C. Because time is of the essence, liquidated damages apply to this project’s

performance. Contractor acknowledges that should Contractor fail to complete the work in the allotted time, the Owner will suffer damages which are impracticable and extremely difficult to determine. For each working day that any Work remains uncompleted after the final completion time as stated in the Contract and Notice to Proceed, the Owner will deduct $500.00 from money due or to be due to the Contractor.

Contractor understands the amount of $500.00 per day (liquidated damages) is the minimum value of the costs suffered by the Owner should Contractor fail to reach Final Completion in the time allotted. These liquidated damages are not a penalty but represent a fair estimate of damages the Owner would incur in the event Contractor failed to meet the Final Completion date.

Section 00 73 00 - 9

D. The sums of money deducted for failure to complete any portions of the Work on time are

not a penalty, but are reasonable liquidated damages, per working day, for defaulting on the contracted final completion time. The Owner and Contractor agree to fixed amounts because it is impracticable and extremely difficult to ascertain actual damages the Owner would sustain. The Contractor or Contractor’s Surety must promptly pay any additional amounts if the amount the Owner can withhold from money due the Contractor does not cover the amount of liquidated damages.

E. The Owner will not charge the Contractor with liquidated damages or any excess cost

when the Contractor has given prompt written notice to the Owner and Design Professional, and the Owner confirms, that the delay in completion of the Work is due to: 1. To any preference, priority, or allocation order issued by the Owner;

2. To unforeseeable causes beyond the control and without the fault or negligence of

the Contractor, including acts of God, of the public enemy, of the Owner, of another Contractor in performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; or

3. To any delays of subcontractors caused by the same occurrences listed above.

1.15 Work Hours

A. Any time the Contractor intends to work on Saturdays or after 5:00 PM on weekdays, he shall receive prior approval in writing from the Owner for such work on those specific days. No work will be allowed on legal holidays or Sundays except as listed below.

B. When work on Saturday or overtime work is permitted, and if the nature of work is such that inspection would be required by the Owner, The Contractor shall pay the Owner the composite salary, overtime pay and other overhead expenses relative to the employee designated to perform the construction inspection for a minimum of eight (8) hours even if the construction inspection lasts for a period less than eight (8) hours. For the work permitted after 5:00 PM on weekdays, the Contractor shall pay the Owner the composite salary, overtime pay, and other overhead expenses for the actual time spent by the employee designated to perform the construction inspection.

C. The Owner will bill the Contractor for the expenses relative to that employee’s work. The Contractor will be required to pay the Owner within thirty (30) calendar days from the date of billing. Contractor’s failure to pay on time will result in withholding the sum from payments that become due to the Contractor.

D. In the sole opinion of the Owner’s Representative, if the nature of the work is such that it

does not require inspection, the Owner’s Representative may allow the Contractor to work extended hours, weekends, or holidays without inspection personnel present at the work site provided the Contractor received prior approval to work such hours and/or days.

Section 00 73 00 - 10

1.16 No Indebtedness

A. Contractor agrees that no payments owed by him of any nature whatsoever to the City, including payment in advance for service charges or any sums of any character whatsoever, shall become delinquent or in arrears.

B. The City will not knowingly award contracts for goods or services to any Contractor in

arrears to the City for any debt, claim, demand, or account whatsoever, including taxes, penalty or interest. Contractor is responsible for ensuring that no indebtedness exists.

1.17 Sales Tax

A. The City qualifies as an exempt agency, under the Texas Limited Sales, Excise and Use Tax Act (the “Tax Act”), and is not subject to any State or City sales tax on materials incorporated into the project. The City will provide an exemption certificate to the Contractor. The Contractor must have a sales tax permit issued by the Comptroller of Public Accounts and must issue a resale certificate complying with the Tax Act, as amended, when purchasing incorporated materials. The Contractor is responsible for any sales taxes applicable to equipment purchases, rentals, leases, consumable supplies which are not incorporated into the project, tangible personal property purchased for use in the performance of this contract and not completely consumed, or other taxable services used to perform this contract, or other taxes required by law in connection with this Project.

1.18 Verification of Employment Eligibility

A. The Contractor must comply with the Immigration Reform and Control Act (IRCA) by not knowingly obtaining labor or services of an unauthorized alien. The Contractor is solely responsible for verifying employment eligibility as required by IRCA.

1.19 Equal Employment Opportunity

A. It is the policy of the Owner to recruit, employ, and to provide compensation, promotion, and other conditions of employment without regard to race, color, religion, sex, age, national origin, or disability. The Owner affirms that employment decisions shall be made only on the basis of bonafide occupational qualifications. The Owner shall continually review its employment practices and personnel procedures and take positive steps to assure that equality of employment opportunity is a fact as well as an ideal.

1.20 Severability

A. If any provisions of this Contract are determined to be void or unenforceable by a court of competent jurisdiction, that determination does not affect any other provisions of the Contract. If any provision is susceptible to more than one construction, a construction which renders the provision valid must be used.

1.21 Boycott of Israel

Section 00 73 00 - 11

A. In accordance with Chapter 2270, Texas Government Code, a governmental entity may

not enter into a contact with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

B. This section only applies to a contract that: (a) is between a governmental entity and a company with 10 or more full-time employees, and (b) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Additionally, “company” does not include a sole proprietorship.

C. If this section is applicable, the signatory executing the Contract on behalf of the

Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of the Contract.


Section 01 10 01 - 1

Section 01 10 01 Hierarchy of Information PART 1: GENERAL 1.1 General Information A. Within the Drawings, if inconsistencies are found, written directions/instructions/notes take

precedence over graphic illustrations; written dimensions over scaled; and large-scale details over small scaled plans or sections; however, Contractor shall promptly bring to the Owner's and Engineer's attention any discrepancies, inconsistencies, or ambiguities within the Drawings, or within the Contract Documents, prior to proceeding with the Work.


Section 01 11 00 - 1

Section 01 11 00 Summary of Work PART 1: GENERAL 1.1 Related Documents A. Drawings and General Provisions of the Contract, including General and Supplementary

Conditions and Division 1 Specification Sections, apply to this Section. 1.2 Description of Work A. Roof Replacement – Container Maintenance

1. Container Maintenance (TML 422 and TML 425) - Work consists of removal of existing prefinished metal R-panels and insulation to the purlins including related trim and components.

a. Existing Roof: Existing roof consists of 24 ga. prefinished metal R-

panels and insulation over purlins. b. New Roof:

i. Remove existing metal roof panels and insulation as specified.

Repair or replace deteriorated and damaged purlins. Follow manufacturer guidelines for removal and replacement of purlins.

ii. Install new 24-ga. prefinished R-panel style metal roof and

insulation as specified. Insulation shall be fiberglass vinyl back insulation, two (2) layers, R-19 + R-8. Total insulation value to achieve a minimum of R-25.

iii. Install new 24 ga. prefinished metal roof panels.

iv. Installation shall comply with project documents and in

accordance with most current version of NRCA, SMACNA, ANSI/SPRI-ES1, and manufacturer’s guidelines. Where discrepancies exist, the most stringent method of installation and design shall apply.

v. Furnish Manufacturer’s 30-Year Metal Panel Finish Warranty.

vi. Furnish 2-Year Contractor’s Warranty.

Section 01 11 00 - 2

2. Container Maintenance (TML 212, TML 419, TML 420, TML 423, and TML 424) - Work consists of removal and replacement of existing prefinished, lap-seam metal roof panels including related trim and components.

a. Existing Roofs:

TML 212 – Prefinished metal “R Panel” style roof over purlins TML 419 – Prefinished metal “R Panel” style roof over purlins TML 420 – Prefinished metal “R Panel” style roof over purlins TML 423 – Prefinished metal “R Panel” style roof over purlins TML 424 – Prefinished metal “U Panel” style roof over purlins

b. New Roof – All Areas:


Repair or replace deteriorated and damaged purlins. Follow manufacturer guidelines for removal and replacement of purlins.

ii. Install new 24 ga. prefinished metal roof panels to match the existing profile as closely as possible. Install associated trim and accessories.

iii. Installation shall comply with project documents and in accordance with most current version of NRCA, SMACNA, ANSI/SPRI-ES1, and manufacturer’s guidelines. Where discrepancies exist, the most stringent method of installation and design shall apply.

iv. Furnish Manufacturer’s 30-Year Metal Panel Finish Warranty.

v. Furnish 2-Year Contractor’s Warranty.

3. Container Maintenance (TML 421) - Work consists of removal and replacement of existing deep rib, galvanized, lap-seam metal roof panels with new, prefinished deep-rib metal panels including related trim and components.

a. Existing Roof: Existing roof consists of deep rib, corrugated, galvanized

metal panels over pipe purlins. b. New Roof:


ii. Puddle weld new 4” tall Z-purlins to the top of the existing pipe purlins.

iii. Install new 24 ga. prefinished metal roof panels. Install associated trim and accessories

Section 01 11 00 - 3

iv. Installation shall comply with project documents and in accordance with most current version of NRCA, SMACNA, ANSI/SPRI-ES1, and manufacturer’s guidelines. Where discrepancies exist, the most stringent method of installation and design shall apply.

v. Furnish Manufacturer’s 30-Year Metal Panel Finish Warranty.

vi. Furnish 2-Year Contractor’s Warranty


. Section 01 20 00 - 1

Section 01 20 00 Warranty Period

PART 1: GENERAL

1.1. Related Documents

Drawings and general provisions of the Contract, including General and Supplementary Conditions, Division 01 through Division 26.

1.2 Warranty

A. All Contractors shall warranty his work against defective materials and workmanship for a period of two (2) years from and after the date of acceptance of the installation by the Owner. Required Contractor’s Warranty to be on attached form.

B. A Manufacturer's Twenty (30) Year Metal Finish Warranty against fading and rusting applies to this project.

C. A Manufacturer’s Twenty (20) Year NDL Warranty applies to this project for Areas 1 and 2.

D. Neither the final payment nor any provisions in the Contract Documents shall relieve the Contractor, or his subcontractors, of the responsibility for faulty materials or workmanship.

E. The Contractor shall remedy any defects due thereto, and pay for any damages to other work resulting there from, which shall appear.

F. This warranty shall not be construed to include the normal maintenance of the various components of the system covered by these Specifications.

G. Notice to Offeror Additional warranty for individual items of equipment may be stipulated under the various sections of this Contract Document.

PART 2: PRODUCTS

2.1 As specified in other sections of these Contract Documents.

PART 3: EXECUTION

3.1 Equipment manufacturer warranty and service allowances shall not reduce the warranty provisions of this document. Contractors shall be responsible to provide warranty service, including parts, specified herein.


SAMPLE CONTRACTOR’S WARRANTY (To be provided on Contractor’s Letterhead)

(No Substitutions)

1.1 ROOFING INSTALLER’S WARRANTY A. WHEREAS ________________ of _______________, herein called the “Roofing Installer,”

has performed roofing and associated work (“work”) on the following project: 1. Owner:

2. Address:

3. Building Name/Type:

4. Address:

5. Area of Work:

6. Acceptance Date:

7. WarrantyPeriod:

8. Expiration Date:

B. AND WHEREAS Roofing Installer has contracted (either directly with Owner or indirectly as

a subcontractor) to warrant said work against leaks and faulty or defective materials and workmanship for designated Warranty Period,

C. NOW THEREFORE Roofing Installer hereby warrants, subject to terms and conditions herein set forth, that during Warranty Period he will, at his own cost and expense, make or cause to be made such repairs to or replacements of said work as are necessary to correct faulty and defective work and as are necessary to maintain said work in a watertight condition.

D. This Warranty is made subject to the following terms and conditions: 1. Specifically excluded from this Warranty are damages to work and other parts of the

building, and to building contents, caused by: a. Lightning;

b. Basic Wind Speeds above those shown per adopted version of IBC,

Chapter 16: Wind Speed Maps;

c. Fire;

d. Failure of roofing system substrate, including cracking, settlement,

excessive deflection, deterioration, and decomposition;

e. Faulty construction of parapet walls, copings, chimneys, skylights, vents, equipment supports, and other edge conditions and penetrations of the work;

f. Vapor condensation on bottom of roofing; and

g. Activity on roofing by others, including construction contractors, maintenance personnel, other persons, and animals, whether authorized or unauthorized by Owner.

2. When work has been damaged by any of foregoing causes, Warranty shall be null and void until such damage has been repaired by Roofing Installer and until cost and expense thereof have been paid by Owner or by another responsible party so designated.

3. Roofing Installer is responsible for damage to work covered by this Warranty but is not liable for consequential damages to building or building contents resulting from leaks or faults or defects of work.

4. During Warranty Period, if Owner allows alteration of work by anyone other than Roofing Installer, including cutting, patching, and maintenance in connection with penetrations, attachment of other work, and positioning of anything on roof, this Warranty shall become null and void on date of said alterations, but only to the extent said alterations affect work covered by this Warranty. If Owner engages Roofing Installer to perform said alterations, Warranty shall not become null and void unless Roofing Installer, before starting said work, shall have notified Owner in writing, showing reasonable cause for claim, that said alterations would likely damage or deteriorate work, thereby reasonably justifying a limitation or termination of this Warranty.

5. During Warranty Period, if original use of roof is changed, this Warranty shall become null and void on date of said change, but only to the extent said change affects work covered by this Warranty.

6. Owner shall promptly notify Roofing Installer of observed, known, or suspected leaks, defects, or deterioration and shall afford reasonable opportunity for Roofing Installer to inspect work and to examine evidence of such leaks, defects, or deterioration.

7. This Warranty is recognized to be the only warranty of Roofing Installer on said work and shall not operate to restrict or cut off Owner from other remedies and resources lawfully available to Owner in cases of roofing failure. Specifically, this Warranty shall not operate to relieve Roofing Installer of responsibility for performance of

original work according to requirements of the Contract Documents, regardless of whether Contract was a contract directly with Owner or a subcontract with Owner’s General Contractor.

E. IN WITNESS THEREOF, this instrument has been duly executed this_______________ day of ___________________________, _____________ 1. Authorized Signature:

2. Name:

3. Title:

Section 01 23 00 - 1

Section 01 23 00 Alternates PART 1: GENERAL 1.1 General Information A. As to any Alternates accepted by Owner in the Notice of Award, Contractor shall insure

such are incorporated as part of the Work pursuant to the requirements for each accepted Alternate as provided in the Contract Documents. Accepted Alternates shall be incorporated into the Project Manual.


Section 01 26 00 - 1

Section 01 26 00 Contract Modification Procedures PART 1: GENERAL 1.1 Change Orders

A. All Change Orders must be approved in writing by the Owner’s Representative or Owner.

B. Contractor to submit request for Change Order to Design Professional.

C. Upon approval of the request, the Design Professional will issue the Change Order.

D. When determining the cost of Change Orders, overhead will not exceed 10% of the total of labor, materials, and supplies. Profit will not exceed 5% of the total of labor, materials, supplies, and overhead.


AIA®

Document G701TM – 2001 Change Order

AIA Document G701™ – 2001. Copyright © 1979, 1987, 2000 and 2001 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 draft was produced by AIA software at 13:24:43 on 06/13/2007 under Order No.1000256650_1 which expires on 8/30/2007, and is not for resale. User Notes: (1547714484)

1

PROJECT (Name and address): CHANGE ORDER NUMBER: OWNER: ARCHITECT:

CONTRACTOR: FIELD:

OTHER:

DATE:

TO CONTRACTOR (Name and address): ARCHITECT’S PROJECT NUMBER:

CONTRACT DATE: CONTRACT FOR: General Construction

THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) The original Contract Sum was $ 0.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 0.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 0.00

The Contract Time will be increased by Zero ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name)

ADDRESS ADDRESS ADDRESS

BY (Signature) BY (Signature) BY (Signature)

(Typed name) (Typed name) (Typed name)

DATE DATE DATE

Section 01 29 00 - 1

Section 01 29 00 Payment Procedures PART 1: GENERAL 1.1 Application for Payment

A. All applications for payment shall be submitted to the Design Professional.

B. All applications for payment shall be submitted on the attached AIA Document G702-G703 “Application and Certificate for Payment.”

C. Requests for payment should be figured carefully. A statement corrected in ink will not be

acceptable; therefore, a statement found to be in error will be returned for a corrected statement to be submitted.

D. In the event the Project includes work at multiple locations, separate Applications for

Payment will be required for each location.

E. Final payment will not be released without compliance with all closeout procedures outlined in Section 01 77 00.


AIA®

Document G702TM – 1992 Application and Certificate for Payment

AIA Document G702™ – 1992. Copyright © 1953, 1963, 1965, 1978 and 1992 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 draft was produced by AIA software at 13:27:31 on 06/13/2007 under Order No.1000256650_1 which expires on 8/30/2007, and is not for resale. User Notes: (189549232)

1

TO OWNER:

0

PROJECT:

APPLICATION NO: Distribution to: PERIOD TO: OWNER:

ARCHITECT: CONTRACTOR:

FIELD: OTHER:

CONTRACT FOR: General Construction FROM CONTRACTOR:

VIA ARCHITECT:

CONTRACT DATE: PROJECT NOS: / /

CONTRACTOR'S APPLICATION FOR PAYMENT

The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due.

Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM ......................................................................... $ 0.00 2. Net change by Change Orders ............................................................... $ 0.00 CONTRACTOR: 3. CONTRACT SUM TO DATE (Line 1 ± 2) ....................................................... $ 0.00 By: Date: 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) ................ $ 0.00 State of: 5. RETAINAGE: County of:

a. 0 % of Completed Work

$ 0.00 Subscribed and sworn to before me this day of (Column D + E on G703)

b. 0 % of Stored Material

$ 0.00 Notary Public: (Column F on G703) Total Retainage (Lines 5a + 5b or Total in Column I of G703) ................. $ 0.00 My Commission expires:

6. TOTAL EARNED LESS RETAINAGE ............................................................. $ 0.00 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data comprising

this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED.

7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ........................................ $ 0.00 (Line 6 from prior Certificate)

8. CURRENT PAYMENT DUE .........................................................................

$ 0.00 9. BALANCE TO FINISH, INCLUDING RETAINAGE

AMOUNT CERTIFIED ............................................................................. $ 0.00

(Line 3 less Line 6) $ 0.00 (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.)

CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ 0.00 $ 0.00 By: Date: Total approved this Month $ 0.00 $ 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor

named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract

TOTALS $ 0.00 $ 0.00 NET CHANGES by Change Order $ 0.00

AIA®

Document G703TM – 1992 Continuation Sheet

AIA Document G703™ – 1992. Copyright © 1963, 1965, 1966, 1967,1970, 1978, 1983 and 1992 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 draft was produced by AIA software at 13:26:23 on 06/13/2007 under Order No.1000256650_1 which expires on 8/30/2007, and is not for resale. User Notes: (2750995247)

1

AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply.

APPLICATION NO:

APPLICATION DATE:

PERIOD TO: ARCHITECT'S PROJECT NO:

A B C D E F G H I

ITEM NO. DESCRIPTION OF WORK SCHEDULED

VALUE

WORK COMPLETED MATERIALS PRESENTLY

STORED (NOT IN D OR E)

TOTAL COMPLETED AND STORED

TO DATE (D+E+F)

% (G ÷ C)

BALANCE TO FINISH (C - G)

RETAINAGE (IF VARIABLE

RATE)

FROM PREVIOUS

APPLICATION (D + E)

THIS PERIOD

GRAND TOTAL $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 0.00 % $ 0.00 $ 0.00

Section 01 30 00 - 1

Section 01 30 00 Administrative Provisions PART 1: GENERAL 1.1 OSHA Regulations

A. The Contractor will comply with all OSHA regulations. 1.2 Temporary Facilities

A. Contractor shall furnish materials and labor to build temporary buildings, provide sanitary arrangements, and telephone, and include costs of such facilities in his proposal. This work shall be in accordance with the following specifications.

1. Temporary Sanitary Arrangements

a. Toilet facilities maintained in sanitary condition, as approved by health

officer, and remove with all contents at completion of job.

1.3 Description

A. Each division or section of the Specifications shall be deemed to have as its leading paragraph the following, which shall become part of each section or division as if written out in full: "Description: Contractor performing this work shall furnish all labor, equipment, tools, appurtenances, and materials, except those specified to be furnished by others, and pay all special taxes or permits necessary to complete the work as hereinafter required or as shown or called for on the drawings and by these specifications."

1.4 Substitution of Equipment and Unspecified Products

A. After execution of the Agreement, substitutions other than those specifically named in the Contract Documents will be approved by the Owner only if:

1. The equipment proposed for substitution is equal to and/or superior to equipment

named in construction, efficiency, and utility and 2. The equipment named in the Specifications cannot be delivered to the job in time

to complete the Work in proper sequence to the work of the other Contractors DUE TO CONDITIONS BEYOND THE CONTROL OF THE CONTRACTOR.

B. To receive consideration, written requests for substitution must be submitted to the Design

Professional, accompanied by documentary proof of equality or differences in price and delivery, if any, in the form of certified quotations from the suppliers of BOTH specified and proposed equipment. In case of a difference in price, Owner will receive all benefits of the difference in cost involved in any substitution and a deductive change order will be issued

Section 01 30 00 - 2

to credit Owner with any savings by reason of the approved substitution. No substitution request shall be deemed granted until and unless the substitution has been approved by the Owner, Contractor, and Design Professional specifying any credit due to Owner.

1.5 Contractor's Guarantee

A. Contractor expressly warrants and guarantees the Work (including labor and materials) for a period of two (2) years from date of Substantial Completion.

B. Contractor's guarantee (together with any additional guarantees or warranties required in

the Specifications or the Contract Documents, to be secured if necessary from Manufacturers and Subcontractors) shall be delivered to the Owner in a form acceptable to the Owner in conformance with the requirements of the Contract Documents as a condition precedent to final payment being due.

1.6 Certificate of Occupancy

A. If the facility is unoccupied during construction, Contractor shall obtain Certificate of Occupancy from the City Building Department prior to Final Completion.

1.7 Contractor's Use of Premises / Owner Occupancy

A. Various portions of the Project Site may or will be utilized by the Owner and the public, primarily during the time the Work is being performed.

B. Contractor shall schedule and coordinate the Work to minimize disruption to such usage

and shall take all precautions to avoid injury to person or property resulting from Contractor's activities.

C. Contractor shall limit use of Project Site to matters essential to performing the Work and

confine construction operation to those areas designated on the Drawings.

D. Contractor shall keep existing entrances and driveways serving the project site clear and available for use by Owner, personnel, and the general public, unless limiting such access has been previously approved by the Owner in writing.

E. Materials / equipment will be stored only in areas designated by the Owner and Contractor

assumes full responsibility for the protection and safekeeping of such materials / equipment.

1.8 Coordination

A. Contractor shall coordinate work of the various sections of specifications to assure efficient and orderly sequence of the Work.

B. Report all discrepancies of existing conditions to the Design Professional.

Section 01 30 00 - 3

C. Contractor shall coordinate the activities of all trades and all subcontractors, and be responsible to insure that all aspects of the Work and the interrelationship of the Work is fully understood by all persons performing any part of the Work. No additional cost shall accrue to the Owner as a result of any lack of such coordination of understanding.

1.9 Reference Standards

A. For products specified by association or trade standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

B. The date of the standard is that in effect as of Proposal Opening, except when a specific

date is specified. End of Section 01 30 00

Section 01 31 00 - 1

Section 01 31 00 Project Management and Coordination PART 1: GENERAL 1.1 Description

A. Contractor shall coordinate the Work of all trades and Subcontractors on the job. B. It shall be Contractor's responsibility to see that all aspects of the Work and the

interrelationships of all Work are fully understood by all persons performing any part of the Work.

C. No additional cost shall accrue to the Owner as a result of any lack of such coordination of

understanding.

D. Contractor shall assure appropriate scheduling, submittals, and work of various sections of Specifications to assure efficient and orderly sequence of installation of construction elements, with provisions for accommodating items to be installed later.

1.2 Meetings

A. In addition to Progress Meetings specified in Section 01 47 00, Contractor shall hold appropriate pre-installation conferences with personnel and Subcontractors to assure coordination of work.

1.3 Coordination of Submittals

A. Contractor shall schedule and coordinate submittals specified in Section 01 33 00, and shall coordinate the work of each section having interdependent responsibilities for installing, connecting to, and placing in service listed equipment.

B. Contractor shall also coordinate requests for substitutions to assure compatibility of effect

on work of other sections. 1.4 Coordination of Contract Closeout

A. Coordinate

1. Completion and clean-up of work of separate sections in preparation for Substantial Completion.

Section 01 31 00 - 2

B. Coordinate Access to Site

1. By various sections (after Owner occupancy of premises), for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities.

C. Assemble and Coordinate

1. Closeout documentation specified in Section 01 77 00. End of Section 01 31 00

Section 01 31 01 - 1

Section 01 31 01 Job Site Administration PART 1: GENERAL 1.1 In addition to the requirements under the General Conditions, Contractor shall have the following

job site administration responsibilities. 1.2 Personnel and Responsibility

A. Provide competent administration and supervisory personnel. B. Contractor shall at all times be present at the Work in person or represented by a

competent superintendent who shall supervise and direct the Work and shall be authorized by the Contractor to receive and fulfill instruction from the Design Professional.

C. Contractor shall, at all times during working hours, be represented in all matters pertaining

to this Project by one, and only one, fully competent and experienced general superintendent. Instructions and information given by the Design Professional to the Contractor's superintendent on the Work shall be considered as having been given to the Contractor. Before any Work is done at the job site, the Contractor shall give written notice to the Design Professional stating who the Contractor's superintendent will be, giving his home address and telephone number. The Design Professional shall be informed in writing prior to any change of general superintendent. A statement naming more than one representative at a time to be in charge and depending upon which is present at the time will not be acceptable.


Section 01 33 00 - 1

Section 01 33 00 Submittal Procedures PART 1: GENERAL 1.1 Submittal Procedures A. Submittal form to identify Project, Contractor, subcontractor or supplier, and pertinent

Contract Document references. 1.2 Submittals

A. Submit the following to the Design Professional

1. Manufacturer’s Catalog Data

2. Roof System Submittal

3. Sheet Metal Submittals

4. Roof Product Cut Sheets

5. Approved Applicator Status

6. Wood Products End of Section 01 33 00

. Section 01 33 01 - 1

Section 01 33 01 Shop Drawings, Product Data, and Samples PART 1: GENERAL 1.1 Related Documents

A. Drawings, Agreement, General and Supplementary Conditions, and Division 1 Specification sections apply to work of this section.

1.2 Shop Drawings

A. Shop drawings include specially prepared data for this project, including drawings, diagrams, performance curves, schedules, calculations, instructions, measurements, and similar information.

B. Present drawings in a clear, thorough manner. Identify details by reference to sheet,

schedule, or room number. 1.3 Product Data

A. Product data includes standard printed information on materials, products, and systems not specifically prepared for this project.

B. Preparation

1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities.

3. Show dimensions and clearances required.

4. Show wiring and piping diagrams and controls.

5. Supplement manufacturer's standard data to provide information unique to the

Work.

C. Manufacturer's Standard Schematic Drawings and Diagrams

1. Modify to delete information which is not applicable to the Work.

2. Supplement standard information to provide information specifically applicable to the Work.

3. Submit manufacturer's printed instructions for delivery, storage, assembly,

installation start-up, adjusting and finishing, in quantities specified for Product

. Section 01 33 01 - 2

Data. Manufacturer’s data does not override these specifications. The more stringent will apply. Any conflicts shall be immediately brought to the attention of the Design Professional.

1.4 Samples

A. Samples include physical examples of materials, products, and units of work; either for limited visual inspection or for more detailed testing and analysis.

B. Mock-ups are a special form of samples, which are too large or otherwise inconvenient for

handling in specified manner for transmittal of sample submittals.

C. Submit full range of manufacturer's standard colors, texture, and patterns for Design Professional's selection.

D. Submit samples for selection of finishes within fifteen (15) days after Notice of Award or

as noted in sections.

E. Submit samples to illustrate selected colors and functional characteristics of product, with integral parts and attachment devices.

F. Coordinate submittal of different categories for interfacing work.

G. Include identification of each sample, giving full information.

H. Field Samples

1. Provide samples of finishes at Project as requested. 2. Install sample complete and finished.

3. Acceptable samples in place may be retained in completed Work.

4. Sufficient size and quantity to clearly illustrate functional characteristics of the

product with integrally related parts and attachment devices, full range of color, texture, and pattern.

1.5 Manufacturer’s Certificates

A. Submit certification by manufacturer to Owner, in quantities specified for Product Data.

1.6 Tolerances

A. Comply fully with manufacturer’s tolerances.

1.7 Submission Requirements

. Section 01 33 01 - 3

A. Deliver submittals (Shop Drawings, Product Data, and Samples) to Design Professional at address listed on Title Page.

1. Identify Project, Contractor, Subcontractor, and Major Supplier. 2. Identify pertinent Drawing sheet and detail number and Specification section

number, as appropriate.

3. Identify any deviations from Contract Documents.

4. Show Contractor's executed review and approval marking and provide space for Design Professional's marking.

5. Submittals which are received from sources other than through the Contractor's

office will be returned by Design Professional "without action."

B. Coordinate submittal of related items.

C. Make submittals sufficiently in advance of construction requirements to allow adequate time for review and rechecking, if necessary.

D. Revise and resubmit, identifying changes since previous submittals, any submittals

rejected, for further review.

E. Make submittals promptly and in such sequence as to not cause delay in the Work.

F. Coordinate and sequence different categories of submittals for same work, and for interfacing units of work, so that one will not be delayed for coordination of Design Professional's review with another.

G. Do not make any submittals for products which have not received prior approval from

Design Professional.

H. Number Required

1. Shop Drawings and Product Data

a. Submit the number of copies which the Contractor requires plus two copies for the Design Professional and one for the Owner.

b. Include an electronic copy of all documents.

2. Samples

a. Submit three (3) samples of each Product requested unless otherwise noted in Specification section.

. Section 01 33 01 - 4

I. Do not begin fabrication or work which requires submittals until the return of the submittals with the Design Professional's approval thereof.

1.8 Resubmission Requirements

A. Make any corrections or changes required by the Design Professional and resubmit. B. Identify any changes since previous submittal for further review.

1.9 Contractor Responsibilities

A. Review Shop Drawings, Product Data, and Samples prior to submission. B. Determine and verify:

1. Field measurements. 2. Field construction criteria.

3. Catalog numbers and similar data

4. Conformance with Specifications.

5. Failure to do so will cause return of submittal without consideration.

6. Contractor shall be liable for any delays or other costs caused by inaccurate or

inadequate submittals.

7. Submittals will be reviewed by Design Professional to verify that Contractor is making the dimension drawings required for his construction layout.

8. Approval of these submittals by Design Professional does not relieve Contractor

of compliance with Contract Documents. 1.10 Distribution

A. Distribute copies of submittals which carry the Design Professional's stamp to:

1. Subcontractors. 2. Supplier or Fabricator or other affected subcontractors.

B. Maintain one set of each submittal at project site, available for reference by Design

Professional and others. End of Section 01 33 01

Section 01 35 00 - 1

Section 01 35 00 Special Procedures PART 1: GENERAL 1.1 Safety Requirements

A. Construction work shall be carried out using procedures and techniques which will assure full protection for persons within the building and on site whether part of the Contractor's forces or other persons.

1.2 Fire Protection

A. Each contractor shall take special precautions against fire, and shall fully comply with requirements of the Owner and insurance authorities. The Contractor shall maintain and enforce all regulations imposed and required to secure such protection.

B. Remove and dispose of combustible building refuse such as scrap lumber, paper, etc. from

the building daily. Immediately remove packing cases, crates, and cartons of construction items delivered to the project site. Bonfires at the structure or the burning of refuse prohibited on site.

C. Provide portable fire extinguisher in each area of work and one at each kettle so that fires may receive immediate response.

D. Assure that workers know where extinguishers are located and know how to use them.

E. Extinguishers shall be UL rated.

1.3 Utilities

A. Coordinate all utility shut-downs, street blockades, access limitations, and similar activities which affect the operation of the fire station and neighbors with the Design Professional, and City of Abilene Facilities.

B. Protect facilities, grounds, landscaping, sprinklers, and equipment from damage.

Repair of damage to property is the Contractor's responsibility.

1.4 Site Access

A. Construction vehicles to enter construction site from areas coordinated with Owner.

B. Access to the building and/or site to be coordinated with the Design Professional and the Owner's representative. Unscheduled tours, visitations, etc. are prohibited.

1.5 Security – Contractor Responsibility

Section 01 35 00 - 2

A. Provide security to work area to protect work and operations from unauthorized entry,

vandalism, or theft.

B. Provide secure storage for tools and other equipment. End of Section 01 35 00

Section 01 45 00 - 1

Section 01 45 00 Quality Control PART 1: GENERAL 1.1 Description A. General Quality Control B. Workmanship

C. Manufacturer's Instructions D. Manufacturer's Certificates

E. Mockups

F. Manufacturer's Field Services

G. Testing Laboratory Services

1.2 Related Documents

A. Section 01 33 01, Shop Drawings, Product Data, and Samples – Submittal of Manufacturer's Instructions.

1.3 Quality Control – General A. Maintain quality control over suppliers, manufacturers, products, services, site conditions,

and workmanship to produce work of specified quality.

B. Defective work may be rejected when it does not conform to contract requirements.

1.4 Workmanship

A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship.

B. Perform work by persons qualified to produce workmanship of specified quality.

C. Secure product with positive anchorage devices designed and sized to withstand stresses,

vibration, and racking. 1.5 Manufacturer's Instructions

A. Comply with instructions, including each step in sequence.

Section 01 45 00 - 2

B. Should instructions conflict with Contract Documents, request clarification from Design

Professional before proceeding. 1.6 Manufacturer's Certificates

A. Submit manufacturer's certificate stating that products meet or exceed specified requirements.

1.7 Manufacturer's Field Services

A. Require supplier or manufacturer to provide qualified personnel to observe field conditions, conditions of surfaces and installation, quality of workmanship start-up of equipment, test, adjust and balance of equipment as applicable, and to make appropriate recommendations.

B. Submit written report to Design Professional listing observations and recommendations.

1.8 Testing Laboratory Services

A. Contractor to secure services of an Independent Testing Laboratory to perform inspections, tests, and other services required by individual Specification sections. Cost of this service is in the Proposal.

B. Services performed in accordance with requirements of governing authorities and with

specified standards.

C. Reports submitted to Design Professional in duplicate giving observations and results of tests, indicating compliance or non-compliance with specified standards and with Contract Documents.

D. Contractor

1. Cooperate with Testing Laboratory personnel. 2. Furnish tools, sample removal and repair, and assistance as requested.

3. Notify Testing Laboratory 24 hours prior to expected time for operations requiring

testing services.

4. Make arrangements with Testing Laboratory to pay for additional samples and tests for Contractor's convenience.

1.9 On-Site Quality Control

A. Provide qualified personnel to observe field conditions and oversee project.

Section 01 45 00 - 3

B. Contractor shall be responsible for selecting and supplying all labor and skilled supervision required for the successful project completion.

C. Contractor shall provide all materials and equipment (except those provided by the Owner)

required to complete the project satisfactorily and in strict accordance with instructions.

D. Contractor is solely responsible for his/her method and means of construction. E. Contractor is solely responsible for the safety of his/her employees.

F. Contractor is responsible for maintaining quality control over suppliers, manufacturers,

products, services, site conditions, and workmanship.

G. Defective work shall be rejected when not in compliance with Contract Documents. End of Section 01 45 00

Section 01 47 00 - 1

Section 01 47 00 Project Meetings PART 1: GENERAL 1.1 Requirements Included

A. Contractor's participation.

1. Pre-construction conferences.

B. Contractor's administration.

1. Progress meetings

C. Pre-installation conferences. 1.2 Pre-Construction Conference

A. Design Professional

1. Schedule pre-construction conference following receipt of executed contract, insurance certificate, payment and performance bonds, construction schedule, and schedule of values.

B. Attendance

1. Owner's Representative 2. Design Professional

3. Contractor and Superintendent

4. All Major Subcontractors

C. Agenda

1. General discussion of Project 2. Schedule of Values

3. Progress Schedule

4. Designation of Responsible Personnel and Emergency Contacts

Section 01 47 00 - 2

5. Review of all subcontractors and material suppliers with name and telephone number of individual responsible.

6. Procedures and processing of field decisions, submittals, substitutions, application

for payments, proposal requests, change orders, and contract closeout procedures.

7. Scheduling

D. Owner's Representative and Design Professional

1. Administer site review conference at Project Site for clarification of Contractor responsibilities in use of site and review of administrative procedures.

1.3 Progress Meetings

A. Schedule and administer: Project meeting will be held throughout progress of Work as otherwise scheduled.

B. Meetings held: At Project Site with job superintendent and major subcontractors involved

with current work to review progress and schedule. Owner or Design Professional invited when appropriate.

1.4 Pre-Installation Conference

A. Convene pre-installation conference, when required, on individual specification sections prior to commencing work of this section.


. Section 01 48 00 - 1

Section 01 48 00 Construction Progress Schedules / Schedule of Values PART 1: GENERAL 1.1 General Information

A. Submit initial progress schedules and schedule of values in duplicate within fifteen (15) calendar days after execution of Owner-Contractor Agreement. After review by Design Professional, revise and resubmit as required. Submit revised schedules with first Application for Payment and each subsequent Application for Payment, reflecting changes since previous submittal.

B. Coordinate scheduling, submittals, and work of various sections of specifications to ensure efficient and orderly sequence of installation with Owner.

1.2 Construction Progress Schedules

A. Submit horizontal bar chart with separate bar for each major trade or operation, identifying first work day of each week.

B. Show complete sequence of construction by activity, identifying work of separate stages

and other logically grouped activities. Show projected percentage of completion for each item of Work as of time of each Application for Progress Payment.

C. Show submittal dates required for Shop Drawings, Product Data, and Samples, and

product delivery dates, including those furnished by Owner. D. Weather Delays 1. The number of calendar days indicated in the Project Manual is the contract

time allowed to complete the project from Notice to Proceed to substantial completion, taking into account the normal weather occurrences. Weather occurrences exceeding the average historical number of days of precipitation will be taken into consideration when evaluating a request for extension in contract time.

2. It is the Contractor’s responsibility to document weather conditions and

provide documentation to Design Professional and Owner when requesting a Contract extension for weather days. Contractor to submit weather delay claims on a monthly basis, to be received by the 10th day of the each month for the previous month. Claims for weather delays not submitted by the 10th of the following month will not be considered.

3. Extension of time will only be approved when the average number of rain

days is exceeded based on information from WeatherUnderground.com.

. Section 01 48 00 - 2

1.3 Schedule of Values

A. Submit Schedule of Values on form approved by Owner. Contractor's standard form of media-driven printout will be considered on request.

B. Format: Table of Contents of this Project Manual. Identify each line item with number and

title of the major Specification sections.

C. Include, in each line item, directly proportional amount of Contractor's overhead and profit.

D. Review schedule to list Change Orders as part of each Application for Payment. End of Section 01 48 00

Section 01 50 00 - 1

Section 01 50 00 Temporary Facilities and Control PART 1: GENERAL 1.1 Description A. Sanitary Facilities B. Heat C. Water

D. Drinking Water E. Power

F. Lighting

G. Barricades

H. Landscape Protection

1.2 Utilities

A. Provide, without delay, temporary utilities needed to accomplish the Work.

PART 2: PRODUCTS Not Applicable. PART 3: EXECUTION 3.1 Temporary Sanitary Facilities

A. Provide approved chemical toilets throughout period of construction except as noted herein.

B. Keep toilets properly serviced to prevent undue stench and to assure cleanliness.

C. Workers will not be allowed access to restrooms at the project site.

3.2 Heat

A. Provide temporary heat as required to properly protect Work and enhance workmanship.

Section 01 50 00 - 2

B. Use caution not to place temporary space heaters where they may cause overlay rapid drying or other harm to adjacent materials.

3.3 Water

A. Contractor shall make water available for construction at locations to be designated prior to construction.

3.4 Drinking Water

A. Clean source, approved by local health officer, dispensed either from a bubbler with guarded orifice or from push-button dispenser.

B. Use of common drinking cups, dipper, canteens, or dipping water from containers is

prohibited. 3.5 Power

A. Provide temporary electric power of adequate capacity to light work sufficiently to assure safety of workers and good workmanship and to operate power equipment.

3.6 Construction Fence

A. Provide 4’ construction fence in safety orange around active construction site to prevent injury to workmen, and the public. Location shall be approved by Owner.

B. Employee and public access shall be provided at all times.

3.7 Landscape Protection

A. Protect existing landscape impacted by construction area by continuing to irrigate, by hand if necessary, by vegetation, and if necessary providing barriers around trees and shrubs designated by the Owner and/or Design Professional.

3.8 Parking

A. Arrange with Owner for approval of temporary parking areas to accommodate construction personnel.


Section 01 60 00 - 1

Section 01 60 00 Product Requirements PART 1: GENERAL 1.1 Description

A. Products

B. Transportation and Handling

C. Storage and Protection

D. Product Options

E. Product List

F. Substitutions

G. Systems Demonstration 1.2 Related Requirements

A. Section 00 31 00 – Project Management and Coordination

B. Section 01 33 00 – Submittal Procedures C. Section 01 33 01 – Shop Drawings, Product Data and, Samples D. Section 01 35 00 – Special Procedures

E. Section 01 45 00 – Quality Control

1.3 Products

A. Products include material, equipment, and systems. B. Comply with Specifications and referenced standards as minimum requirements.

C. Components required to be supplied in quantity within a Specification section shall be the

same and shall be interchangeable. 1.4 Transportation and Handling

A. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry.

Section 01 60 00 - 2

B. Provide equipment and personnel to handle products by methods to prevent soiling or

damage.

C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged.

1.5 Storage and Protection

A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions.

B. Provide adequate protection of all materials and work against deterioration and damage at

all times and under all weather conditions. Provide all necessary protection to prevent damage to any part of the premises, and to work of any kind installed or in the process of being installed by others. Any damage done by reason of any operation under the general contract shall be made good by the Contractor directly or through the subcontractor involved.

C. For exterior storage of fabricated products, place on sloped supports above ground. Cover

products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation.

D. Remove manufacturer supplied plastic covers from materials provided with such. Use “breathable” type covers such as canvas tarpaulins to allow venting and protection from weather and moisture. Cover and protect materials at the end of each work day. Do not remove any protective tarpaulins until immediately before the material will be installed. Blue plastic tarps or similar plastic coverings for protection are prohibited. Failure to cover materials upon arrival at the job site with canvas tarpaulins will result in a one hundred dollar ($100) per day deduction per location for each and every day material storage requirements remain in non-compliance.

E. Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with

foreign matter.

F. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged and are maintained under required conditions.

1.6 Product Options

A. Products Specified by Reference Standards or by Description Only. Any product meeting those standards.

B. Products Specified by Naming One or More Manufacturers with a Provision for

Substitution. Submit a request for substitution for any manufacturer not specifically named.

Section 01 60 00 - 3

C. Products Specified by Naming Several Manufacturers. Products of named

manufacturers meeting specifications. No options, no substitutions allowed.

D. Products Specified by Naming Only One Manufacturer. No options, no substitutions allowed.

1.7 Limitations on Substitutions

A. During Proposing Period, see Instructions to Proposers. B. Substitutions will be considered after proposals are received only when a product

becomes unavailable due to no fault of Contractor. C. Document each request with complete data substantiating compliance of proposed

substitution with Contract Documents. D. Any substitution request constitutes a representation that Contractor:

1. Has investigated proposed product and determined that it meets or exceeds, in all

respects, specified product.

2. Will provide the same warranty as specified product.

3. Will coordinate installation and make other changes which may be required for Work to be complete in all respects.

4. Waives any claims for additional costs arising from the substitution.

E. If substitutions proposed by Contractor create the need for additional design work,

Contractor shall reimburse Owner for these services and any other expenses involved herein.

F. 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 substantial revision of Contract Documents.

G. Design Professional and Owner will determine acceptability of proposed substitution and

will notify Contractor of acceptance or rejection in writing within a reasonable time.

H. Only one request for substitution will be considered for each product. When substitution is not accepted, provide specified product.

1.8 Systems Demonstration

A. Prior to final inspection, demonstrate operation of each system to Design Professional and Owner.

Section 01 60 00 - 4

B. Instruct Owner's personnel in operation, adjustment, and maintenance of equipment and

systems, using the operation and maintenance data as the basis of instruction. End of Section 01 60 00

Section 01 74 00 - 1

Section 01 74 00 Cleaning PART 1: GENERAL 1.1 Description

A. Work Included

1. The provisions of the cleanliness for the building premises and site throughout the construction period and final cleaning.

B. Related Work Described Elsewhere

1. Comply with all requirements for cleaning described in various sections of these specifications.

1.2 Quality Assurance

A. Inspection: Conduct daily and more often as necessary to verify that acceptable standards of cleanliness are being met and maintained.

B. Contractor shall be responsible for providing all personnel, materials, and equipment needed to maintain an approved standard of cleanliness.

PART 2: PRODUCTS 2.1 Cleaning Materials and Equipment

A. Provide all personnel, compatible materials and equipment needed to maintain an approved standard of cleanliness.

PART 3: EXECUTION 3.1 Progress Cleaning A. Site and Structure

1. As required, inspect and remove all scrap, debris, and waste materials, clean

weekly and more often if necessary with all means necessary to ensure a "broom clean" condition, acceptable to the Owner and Design Professional.

2. Contractor shall be responsible for removing all scraps, debris, and waste

materials.

Section 01 74 00 - 2

3. Collect and maintain areas free of waste materials, debris, and rubbish. Maintain site in clean and orderly condition daily.

3.2 Final Cleaning

A. "Clean" for the purpose of this article shall be interpreted as meaning the level of cleanliness provided by commercial maintenance subcontractors using commercial building maintenance equipment and materials to ensure the Owner can accept a completely clean project.

B. Should the Owner occupy any portion of the work prior to final acceptance, the provisions

of the General Conditions of the contract shall apply. End of Section 01 74 00

Section 01 77 00 - 1

Section 01 77 00 Closeout Procedures PART 1: GENERAL 1.1 Project Closeout

A. Submit all closeout documentation and paperwork as outlined in the Contract Documents, including but not limited to:

1. Contractor’s Warranties 2. Subcontractor’s Warranties

3. Manufacturer’s Warranties

4. Equipment Operation Manuals

5. Affidavit of Payment of Debts and Claims

6. Contractor’s Affidavit of Release of Liens.

7. Consent of Surety Company to final payment.

8. List of all subcontractor’s and service organizations, including names, addresses,

and telephone numbers for emergency service. B. Closeout Procedures 1. Contract closeout as described in, but not limited to, the Contract Documents,

Agreement, and applicable general, special, and supplementary conditions.

2. Substantial Completion as described in, but not limited to, the Contract Documents, Agreement, and applicable general, special, and supplementary conditions.

a. Submit appropriate certification that work is substantially complete. b. Design Professional will inspect work to determine status of completion

following receipt of Notice of Substantial Completion. c. Design Professional will notify Contractor of any work not substantially

complete.

Section 01 77 00 - 2

d. Contractor shall remedy the deficiencies and notify Design Professional when ready for re-inspection.

e. Design Professional will re-inspect work.

f. Contractor will be liable to Owner for any additional changes of Design

Professional.

g. Upon Design Professional’s determination that work is substantially complete, Design Professional will notify Owner.

3. Contractor to submit notice of final completion.

a. Contractor shall verify work is complete in accordance with the Contract Documents, work has been inspected, and work is ready for Owner’s inspection.

b. Contractor shall submit signed and dated final application for payment

identifying total adjusted contract sum, previous payments, and amount remaining due.

c. Contractor shall complete all punch list items listed by the Design

Professional and Manufacturer’s representative. d. Contractor shall provide written verification that all scuppers and

downspouts are functioning properly. All roof downspouts and scuppers shall be operational on a day to day basis.

e. Contractor shall certify all equipment and systems have been tested and

are operational.

1.2 Final Cleaning

A. Execute final cleaning prior to final inspection.

B. Clean interior and exterior surfaces exposed to view.

C. Remove waste and surplus materials, rubbish, and construction facilities from site.


AIA®

Document G704TM – 2000 Certificate of Substantial Completion

AIA Document G704™ – 2000. Copyright © 1963, 1978, 1992 and 2000 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 draft was produced by AIA software at 15:26:32 on 06/13/2007 under Order No.1000256650_1 which expires on 8/30/2007, and is not for resale. User Notes: (4287420291)

1

PROJECT: PROJECT NUMBER: / CONTRACT FOR: CONTRACT DATE:

OWNER: ARCHITECT:

CONTRACTOR: FIELD:

OTHER:

(Name and address): TO OWNER: TO CONTRACTOR: (Name and address): (Name and address):

PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: The Work performed under this Contract has been reviewed and found, to the Architect’s best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: Warranty Date of Commencement Crenshaw Consulting Group, LLC ARCHITECT BY DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective: $ 0.00 The Contractor will complete or correct the Work on the list of items attached hereto within Zero ( 0 ) days from the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at (time) on (date). OWNER BY DATE The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note: Owner’s and Contractor’s legal and insurance counsel should determine and review insurance requirements and coverage.)

AIA®

Document G706TM – 1994 Contractor's Affidavit of Payment of Debts and Claims

AIA Document G706™ – 1994. Copyright © 1970 and 1994 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 draft was produced by AIA software at 15:27:48 on 06/13/2007 under Order No.1000256650_1 which expires on 8/30/2007, and is not for resale. User Notes: (2192098033)

1

PROJECT: (Name and address) ARCHITECT’S PROJECT NUMBER: OWNER: ARCHITECT:

CONTRACTOR: SURETY:

OTHER:

CONTRACT FOR: TO OWNER: (Name and address) CONTRACT DATED: STATE OF: COUNTY OF: The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Consent of Surety to Final Payment. Whenever

Surety is involved, Consent of Surety is required. AIA Document G707, Consent of Surety, may be used for this purpose

Indicate Attachment Yes No

BY: The following supporting documents should be attached hereto if required by the Owner:

(Signature of authorized representative)

1. Contractor's Release or Waiver of Liens,

conditional upon receipt of final payment. (Printed name and title)

2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof.

Subscribed and sworn to before me on this date:

Notary Public: 3. Contractor's Affidavit of Release of Liens (AIA

Document G706A). My Commission Expires:

AIA®

Document G707TM – 1994 Consent Of Surety to Final Payment

AIA Document G707™ – 1994. Copyright © 1982 and 1994 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 draft was produced by AIA software at 15:28:38 on 06/13/2007 under Order No.1000256650_1 which expires on 8/30/2007, and is not for resale. User Notes: (1922556663)

1

PROJECT: (Name and address) ARCHITECT’S PROJECT NUMBER: OWNER: ARCHITECT:

CONTRACTOR: SURETY:

OTHER:

CONTRACT FOR: TO OWNER: (Name and address) CONTRACT DATED:

In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety)

, SURETY, on bond of (Insert name and address of Contractor)

, CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner)

, OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: (Insert in writing the month followed by the numeric date and year.) (Surety)

(Signature of authorized representative)

Attest: (Seal): (Printed name and title)

Section 07 41 13 - 1

Section 07 41 13 Direct Fasten Metal Roof Panels PART 1: GENERAL 1.1 Section Includes

A. Section 07 41 13 Metal Roof Panels – Through Fastened Metal Roof Panels.

1.2 Related Sections

A. Section 07 60 00 – Sheet Metal Flashing and Trim: Flashing and Trim.

1.3 References

A. Building Design Codes: International Building Code (IBC) with revisions for Local Codes.

1. International Building Code – 2012

2. International Energy Conservation Code – 2012

3. International Existing Building Code – 2012

B. American Iron and Steel Institute (AISI): North American Specification for the Design of

Cold-Formed Steel Structural Members.

C. American Institute of Steel Construction (AISC): Manual of Steel Construction. D. ASTM International (ASTM)

1. ASTM D 659 – Method of Evaluating Degree of Chalking of Exterior Paints. 2. ASTM D 822 – Standard Practice for Filtered Open-Flame Carbon-Arc Exposures

of Paint and Related Coatings. 3. ASTM D 3361 – Standard Practice for Unfiltered Open-Flame Carbon-Arc

Exposures of Paint and Related Coatings. 4. ASTM D 4214 – Standard Test Methods for Evaluating the Degree of Chalking of

Exterior Paint Films. 5. ASTM D 4587 – Standard Practice for Fluorescent UV-Condensation Exposures of

Paint and Related Coatings.

Section 07 41 13 - 2

6. ASTM G 23 – Practice for operating Light-Exposure Apparatus (Carbon-Arc Type) With and Without Water for Exposure of Nonmetalic Materials.

E. FM Global (Factory Mutual)

1. FM Class I-90.

F. Sheet Metal and Air Conditioning Contractor’s Association (SMACNA)

1. SMACNA Architectural Sheet Metal Manual.

G. Underwriters Laboratories, Inc. (UL)

1. UL 263 Fire Tests of Building Construction and Materials.

2. UL 580 Tests for Uplift Resistance of Roof Assemblies.

3. UL 790 Standard Test Methods for Fire Tests of Roof Coverings.

4. UL 2218 Impact Resistance of Prepared Roof Coverings Materials.

1.4 Performance Requirements for Roof Systems

A. Design Requirements

1. The metal roof system as designed by the manufacturer shall be a complete system. All components of the system shall be supplied by the same manufacturer.

2. Roof Panels: Steel panels shall be designed in accordance with the AISI Cold-Formed Steel Design Manual.

3. Deflection requirements shall be in accordance with the applicable building code, or as a minimum, L/180 for roof snow load, but not less than 20 psf (98 kg/sq m).

4. Accessories and Fasteners: Accessories and fasteners shall be capable of resisting the specified design wind uplift forces and shall allow for thermal movement of the roof panel system. Exposed fasteners shall not restrict free movement of the roof panel system resulting from thermal forces, except at designed points of roof panel fixity.

5. Design Loads: Design load application shall be in accordance with local building code.

6. Dead Loads: The dead load shall be the weight of the metal roof system.

7. Collateral Loads: Shall not be applied to the roof panels.

Section 07 41 13 - 3

8. Live Loads: The panels and fasteners shall be capable of supporting a minimum uniform live load of 20 psf (98 kg/sq m).

9. Snow Loads: The design ground snow loads shall be as defined in accordance with local building code.

10. Wind Loads: The design wind loads shall be based on the wind criteria defined in accordance with local building code.

11. Thermal Effects: Roof panels shall be free to move in response to the expansion and contraction forces resulting from temperature variation, as specified in the MBMA Metal Roofing Systems Design Manual.

12. Wind uplift in compliance with UL Classification 580 for Classified 90 rated assemblies.

13. Static air infiltration of 0.06 cfm/sf (0.028 liters/second) with 6.24 psi (43 kPA) and not more than 12 psi (83 kPA) as tested in accordance with ASTM E331.

14. R-Value: The insulation for insulated roof assemblies shall be installed in two (2) layers and achieve the minimum R-value requirements as defined by code. In this case, a minimum of R-25.

15. OSHA approved fall protection screens shall be installed over the translucent panels.

1.5 Submittals

A. Submit under provisions of Section 01 30 00 and 01 34 00.

1. Product Data: Manufacturer’s data sheets on each product to be used.

2. Storage and handling requirements and recommendations.

3. Installation methods.

B. Shop Drawings

1. Show methods of erection, elevations, and plans of roof panels, sections and details, anticipated loads, flashings, roof curbs, vents, sealants, interfaces with all materials not supplied and proposed identification of component parts and their finishes.

2. Submit complete shop drawings and erection details to Design Professional for review. Do not proceed with manufacture prior to review of shop drawings and approval of shop drawings. Do not use drawings prepared by Design Professional for shop or erection drawings.

Section 07 41 13 - 4

C. Selection Samples: For each finish product specified, color charts representing manufacturer’s full range of standard colors and patterns. For non-standard colors or finishes, color samples must be submitted to manufacturer for matching if quantity of custom materials is sufficient.

D. Verification Samples: For each product specified, two (2) samples, minimum size 12 inches (305 mm) x full panel width, representing actual product configuration.


A. Manufacturer Qualifications

1. Panels specified in this section shall be produced in a permanent factory environment with fixed-base roll-forming equipment. Roll forming of the profiled panels, curving of all panels, factory mitering of corners, and fabricating of all curved flashings shall be performed by the manufacturer.

2. Manufacturer shall submit names and addresses of five (5) previous projects of equal size and scope at the request of the Design Professional.

3. Specified system shall have been in use in the United States for a minimum of ten (10) years.

4. Manufacturer with a minimum of five (5) years’ experience in manufacturing panels of this nature in a permanent, stationary, indoor production facility utilizing industrial equipment.

B. Installer Qualifications

1. Installer shall have completed five (5) projects of similar scope and magnitude that have been in service for a minimum of five (5) years with satisfactory performance of the panel system.

2. Installer shall submit names and addresses of five (5) previous projects of equal size and scope at the request of the Design Professional.

3. Installer’s foreman shall be trained in the proper installation of the specified system, and present at all times when material is being installed.

C. Regulatory Requirements: Comply with specified performance and local building code requirements. In the event of conflict, comply with the higher performing or more restrictive requirement.

1.7 Delivery, Storage, and Handling

A. Ordering: Comply with manufacturer’s ordering instructions and lead time requirements to avoid construction delays.

Section 07 41 13 - 5

B. Deliver panels to job site properly packaged to provide protection against transportation damage.

C. Exercise extreme care in unloading, storing, and erecting panels to prevent bending, warping, twisting, and surface damage.

D. Store products in manufacturer’s unopened packaging until ready for installation.

E. Store all material and accessories above ground on well skidded platforms.

F. Store inside or under breathable waterproof canvas covering. Plastic of vinyl tarps or covers prohibited. Provide proper ventilation to panels to prevent condensation buildup between each panel. Elevate one end of bundles while being stored.

G. Store and dispose of solvent-based materials, and materials used with solvent-based materials, in accordance with requirements of local authorities having jurisdiction.

H. Store materials protected from exposure to harmful weather conditions and at temperature conditions recommended by manufacturer.

I. Prevent contact with material that may cause corrosion, discoloration, or staining.

J. Provide factory installed strippable vinyl film protective coating to panels.

1.8 Projected Ambient Conditions

A. Installation: Assemble and erect components when temperatures are above 40ºF (4ºC) and rising.

1.9 Sequencing

A. Sequence with Other Work: Comply with manufacturer’s written recommendations for sequencing construction operations.

1.10 Warranty

A. Manufacturer’s Finish Warranty: Manufacturer warrants that under normal atmospheric conditions the metal panels will meet the following requirements after shipment from manufacturer’s mill:

1. Kynar 500 / Hylar 5000 – Fluorocarbon (PVDF).

a. The paint will not crack, check or peel for a period of 20 years.

b. The paint will not chalk in excess of number 8 rating for a period of 20 years.

c. The paint will not change color more than 5 NBS units for a period of 20 years.

Section 07 41 13 - 6

B. Contractor Warranty: The contractor who is contracted with the Owner to perform the specified work shall warrant the work to be free of leaks and defects for a period of two (2) years. Any leaks or defects resulting from the contractor’s workmanship or negligence shall be repaired using all new materials at no cost to the owner. Defective materials are to be replaced with new materials during the term of the warranty.

PART 2: PRODUCTS

2.1 Manufacturers

A. Acceptable Manufacturer: Petersen Aluminum Corporation, 1005 Tonne Road, Elk Grove Village, IL 60007. Tyler, TX – Toll Free Tel: (800) 441-8661. Fax: (903) 581-8592. Email: [email protected]. Web: http://www.pac-clad.com.

B. Requests for substitutions will be considered in accordance with provisions of Section 01 60 00 Product Requirements.

2.2 Through-Fastened Metal Roof Panels

A. PBR Metal Roof Panels: PBR Metal Roof Panel as manufactured by Petersen Aluminum. Profile is 1-1/4 inches (32 mm) deep with three major projecting ribs and two stiffening ribs between the major ribs, 39 inches (991 mm) wide overall with 36 inches (914 mm) roof cover, with anti-siphon design at side lap.

1. Field Material: Painted Steel Pre-Finished Coated:

a. Steel Thickness

1) 24 gauge.

b. Finish for Trim, Gutters, Downspouts, & Accessories.

1) Kynar 500 and Hylar 5000, 70 percent content fluorocarbon coatings.

2) Top side Finish: Primer, dry = 0.2 mil; Top coat, dry = 0.7 mil to 0.8 mil.

3) Reverse Side Finish: Primer, dry = 0.2 mil; pigmented polyester backer = 0.35 mil to 0.45 mil.

4) Accelerated Weathering: Per ASTM D 3361, 2000 hours, maximum color change of 2AE Hunter units; a chalk rating of no less than #8 per ASTM D 659.

5) Where the panel backside is exposed to view, the color may vary from panel to panel. If an exact match is required, material shall be special ordered with a minimum quantity requirement. Must


http://www.pac-clad.com/

Section 07 41 13 - 7

call manufacturer for special order price quote, warranty, and availability.

c. Thickness: 24 gauge (0.61 mm).

d. Side Laps: One full major rib, with a supporting member bearing edge on the lower panel and an anti-capillary groove on the upper panel.

e. Length: Continuous from eave to ridge up to 41 feet (12.5 m) in length.

f. End Laps, where required: 6 inches (150 mm) wide, located at a support member.

2. Accessories

a. Metal Components

1) Provide accessories and other items essential to a complete roof panel installation including trim, flashing, fascia, metal closures, caps, gutters, downspouts, soffits, and similar metal components.

2) Metal components to be fabricated from same gauge and be prefinished Kynar 500, unless otherwise noted. Color selected by Owner for trim, gutters, downspouts, and accessories.

b. Flashing

1) Flashing shall have the same gauge.

2) Fabricate trim from prefinished 24-gauge Kynar 500 finish metal.

c. Fasteners

1) Exposed fasteners shall be hex head self-drilling screws with bonded washers and color finished to match panels. Screws may be either plated carbon steel or stainless steel as noted on the drawings.

2) Exposed stainless steel rivets shall match color finish of panel.

d. Closure Strips

1) Polyethylene to match configuration of the metal panel covering.

e. Related Materials

1) Insulation

a) Replacement Blanket Insulation: Vinyl Back Glass Fiber

Section 07 41 13 - 8

Insulation to meet R-25, with factory laminated facing material. Install per Manufacturer’s guidelines for bag and sag method or other approved Manufacturer method.

b) Glass fiber: Odorless, neutral colored, long filament, flexible resilient, produced in compliance with NAIMA 202.

c) Flame Spread Index: 25 or less, when tested in accordance with UL 723.

d) Smoke Develop Index: 50 or less, when tested in accordance with UL 723.

e) UL Classified.

f) Facing: White vinyl; embossed, 0.0032 inch (0.08 mm) thick plus or minus 10% permeance in compliance with ASTM E 96 1.00 perm (57 ng/Pa s sq m). Composite fiberglass and facing meeting Flame Spread of 25 or less, Smoke Developed of 50 or less, when tested in accordance with UL 723.

g) Provide facing 3 inches (75 mm) wider than blanket on both edges.

h) Width: As required for installation.

i) Tape: Tape all raw insulation joints including at penetrations and skylights.

2) Thermal Blocks: High Density, ¾ inch (19 mm) thick extruded polystyrene or thickness as required by manufacturer, for installation over the purlin in roof assemblies over conditioned spaces. Install per Manufacturer’s guidelines.

3) Sealants

a) Provide two-part polysulfide class B non-sag type for vertical and horizontal joints, or

b) One part polysulfide not containing pitch or phenolic extenders, or

c) Exterior grade silicone sealant recommended by roofing manufacturer, or

Section 07 41 13 - 9

d) One-part, UV-stable, non-sag, gun-grade exterior type polyurethane recommended by the roofing manufacturer.

4) Pipe Flashing: EPDM rubber boot with aluminum compression band.

3. Fabrication

a. Form and fabricate components of the system to the profiles and patterns as determined by Design Professional.

b. Metal panels shall be factory formed on a stationary industrial type rolling mill.

c. Panel Orientation: Panels with custom metallic finishes are directional and shall be erected so as to produce a consistent visual effect.

d. Length: Unless otherwise shown on Drawings or specified herein, panels shall be full length. Fabricate flashings in 10 ft (3 m) lengths.

1) Panel Length: Factory formed standard lengths to 40 feet (12 m)

2) Panel Length: Factory formed custom lengths of 40 feet to 60 feet (12 m to 18 m) with special packaging and shipping.

2.3 Skylight Panels

A. Corrugated polycarbonate skylight panels to match the profile of the metal roof panels being installed. Panels to have minimum of 90% light transimission with UV protection to prevent yellowing, resistance to hail damage, and a minimum 10-year warranty.

1. R-Panel Skylights by Southeasterrn Building Products: 714 Warsaw Road, Clinton, NC 28328; Tel: (910) 590-3513; Web: www.southeasternbuildingproducts.com

2. Sunsky® Corrugated Polycarbonate Sheet by Palram Americas: 9735 Commerce Circle, Arcadia West Industrial Park, Kutztown, PA 19530; Tel: (800) 999-9459; Email: [email protected]; Web: www.palram.com

3. AE approved equal.

2.4 Skylight Fall Protection

A. Skylight fall protection screens with the same profile as the skylights they are being installed over. Must comply with OSHA 29 CFR 1910.23 and 1926.501. Screens to constructed of 3” x 4” welded wire mesh with a minimum transverse diameter of 0.195”. Screen to be hot dipped galvanized after welding. Screen to be installed with all of the manufacturer's accessories to ensure proper installation.

Section 07 41 13 - 10

1. Skylight Screens by CAI Safety Systems: 1609 S Grove Ave, Suite 104, Ontario, CA 91761; Tel: (714) 465-7386; Email: [email protected]; Web: https://caisafety.com/product/standingseam-rpanel-corrugated-skylight-screens/

2.5 Source Quality Control

A. Cladding/roofing components and materials shall be from a single manufacturer.

PART 3: EXECUTION

3.1 Examination

A. Do not begin installation until substrates have been properly prepared.

B. Tolerance Requirements: The Contractor is responsible for properly installing the roof system.

C. Examine areas and condition under which Work is to be performed and identify conditions detrimental to proper and/or timely completion. Notify Design Professional of unsatisfactory conditions before proceeding.

D. Do not proceed until unsatisfactory conditions have been corrected.

E. Verify that substrate conditions are acceptable for product installation in accordance with manufacturer’s instructions prior to installation of roof, wall, or soffit panels.

3.2 Preparation

A. Clean surfaces thoroughly prior to installation.

B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions.

C. Remove manufacturer’s protective film from panel surfaces.

D. Coordinate panel installation with work of other trades to provide a noncorrosive and leak-proof installation.

E. Prevent galvanic action of dissimilar metals in proximity to one another.

3.3 Installation – Through Fastened Metal Roof Panels and Skylight Panels

A. Install in accordance with manufacturer’s written instructions, including product technical bulletins, and product catalog installation.

B. Locate end laps over supports. End lap panels according to manufacturer’s recommendations.

C. Provide expansion joints where indicated.

Section 07 41 13 - 11

D. Rigidly support and secure gutters and downspouts. Joint lengths with formed seams sealed watertight. Flash and seal gutters and downspouts.

E. Fastening of Exterior Trim: Where required, exposed fastener profiles shall be attached with No. 14, self-tapping screws when attached to a sub-girt with a No. 14 by ¾ inch (19 mm) sheet metal screw, or 12/14 by 1 inch (25 mm) self-drilling screws with sealing washers. When used with color-coated exterior panels, fastener heads shall be the same color as the panel metal. Fasteners used for attaching Galvalume shall be of an approved type.

F. Polyethylene Ridge Closures: Closed cell polyethylene ridge closures are required on all ridges, eave, and rake conditions.

G. Tape: Sealer tape required on all through fastened roofs at the end and side laps.

H. Provide OSHA approved screens over the translucent skylight panels.

3.4 Field Quality Control

A. Testing by Contractor

1. Roof installation inspection by roof manufacturer’s technical representative as required as by warranty provision.

B. Manufacturer’s Field Services: Provide manufacturer’s field services consisting of product use recommendations and period site visits for inspection of product installation in accordance with manufacturer’s instructions.

3.5 Final Cleaning

A. Final clean-up in accordance with Section 01 74 00.

B. Upon completion, remove surplus and excess materials, rubbish, tools, and equipment.

3.6 Protection

A. Protect installed products until completion of project in accordance with Section 01 60 00.

B. Remove strippable film immediately upon erection of panels or flashings.


Section 07 60 00 - 1

Section 07 60 00 Flashing and Sheet Metal PART 1: GENERAL 1.1 Related Documents

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, apply to this Section.

1.2 Summary A. This Section includes sheet metal flashing and trim in the following categories:

1. Exposed trim.

2. Metal edging and counterflashings.

3. Miscellaneous sheet metal accessories.

B. The following Sections contain requirements that relate to this Section:

1. Section 06 10 00 – Miscellaneous Carpentry

2. Section 07 41 13 – Direct Fasten Metal Roof Panels

3. Section 07 52 00 – Flashing and Sheet Metal

1.3 Performance Requirements

A. General: Install sheet metal flashing and trim to withstand wind loads per ASCE 7, structural movement, thermally induced movement, and exposure to weather without failing. Perimeter metal edging shall comply with SPRI/ANSI ES-1 Standards and shall meet required design wind pressures (includes safety factor of 2).

1.4 Submittals A. General: Submit each item in this Article according to the Conditions of the Contract. B. Product Data, including manufacturer’s material and finish data, installation instructions, and

general recommendations for each specified flashing material and fabricated product. C. Shop Drawings of each item specified showing layout, profiles, methods of joining, and

anchorage details. Provide layouts at ¼” scale and details at 3” scale.

Section 07 60 00 - 2


A. Installer Qualifications: Successful Proposer shall engage experienced Installers who have completed sheet metal flashing and trim work similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance. Installers not utilizing pre-manufactured prefinished metal must submit their certification from NRCA to fabricate and install 24-gauge prefinished metal coping and perimeter edge metal complying with ANSI/ES – 1.

1.6 Delivery, Storage, and Handling

A. Use all means to protect the materials of this section before, during, and after installation and to protect the work and materials of all other trades. Roof surfaces shall be protected from damage at all times.

B. Deliver only new materials to the job site. Store materials in such a manner as to be

protected from rain, snow, or inclement weather. When storing materials on the roof, do not overstress the deck.

C. In the event of damage, immediately make all repairs and replacements to the approval of

the Owner and at no additional cost to the Owner. D. Follow project specifications and manufacturer’s recommendations for storage of

temperature sensitive materials. 1.7 Scheduling

A. Work is to be performed on a daily basis with each section completed before progressing to the next day’s work.

B. Substantial Completion of sheet metal flashing and trim work will be defined as the

contractually required and weather tight installation of all specified roof preparation, insulation, field membrane, flashings, counterflashings, sheet metal, fasteners, and caulking.

C. All new sheet metal work shall be closely coordinated with the installation of the new roofing

membrane. D. Sheet metal shall be installed directly after roofing work such that roofing terminations shall

not be left unprotected by metal. E. Once roofing is started, the roofing application must be Substantially Complete within the

time period required by the Contract. All punch list items must be complete prior to Final Completion.

1.8 Warranty

Section 07 60 00 - 3

A. The Roofing Contractor shall warrant all materials and workmanship for a period of two years

from the date of acceptance of the completed work by the Owner. The Roofing Contractor shall make good any defects in materials or workmanship that may develop during the two-year period by repairing or replacing such defects at his own expense without cost to the Owner.

B. 30-Year Warranty for Kynar® 500/Hylar® 5000 metal finish.

PART 2: PRODUCTS 2.1 Material Specifications

A. Galvanized Steel 1. Galvanized steel shall be G-90 material.

2. Specifications References

a. Fed. Spec. AA-S-775d.

b. ASTM A653/A653M – Standard Specification for Steel Sheet, Zinc-coated (Galvanized) or Zinc-Iron Alloy – Coated (Galvanealed) by the Hot Dip Process.

B. Pre-Finished Metal: 24-ga. minimum, G90 hot dipped galvanized steel, treated, primed and

pre-finished under precision conditions; exposed finish will be Kynar 500 Fluorocarbon coating; bottom or unexposed side will be Manufacturer’s standard primer coat; utilize for edge flashing, counterflashing, conductor heads, downspouts, and trim. Fabricated metal roof edges shall be certified to meet ANSI / SPRI ES-1 requirements. Use of shop fabricated metal edging requires Contractor approval and listing under the NRCA’s ITS certification program. 1. Approved Products

a. PAC-CLAD® by Peterson Aluminum Corporation

b. Signature® 300 by MBCI

c. UNA-CLAD® by Firestone Building Products

d. Designer of Record approved equal

2. Color shall be selected by the Owner’s Representative from the Manufacturer’s

standard line of colors.

Section 07 60 00 - 4

C. General: Fabricate sheet metal items in thickness or weight required here-in and project performance requirements but not less than that listed below for each application and metal. 1. Rain Collars: Fabricate from the following material unless otherwise noted.

a. Pre-finished Galvanized Steel: 24-ga.

2. Metal Roof Edge: Fabricate from the following material:

a. Pre-Finished Galvanized Steel: 24-ga.

3. Counterflashing: Fabricate from the following material:


4. Flashing Receivers: Fabricate from the following material:


5. Equipment Support Flashing: Fabricate from the following material:

a. Galvanized Steel: 0.0217 inch (24-ga.) thick at membrane roofing unless

otherwise shown on drawings.

6. Heater Flue Flashing/Base Flashing, Metal Liner: Custom fabricate to accept existing heater flue, new metal liner, and insulation: a. Galvanized Steel: 24-ga.

D. Counterflashing Wind Restraint Clips: Provide continuous clips to be installed before

counterflashing to prevent wind uplift of the counterflashing lower edge.

1. Material: Galvanized Steel: 22-ga. E. Continuous cleats and clips 1. Material: Galvanized Steel: 22-ga.

F. Z-purlins installed over round pipe purlins 1. Material: Galvanized Steel: 16-ga. 2.2 Carbon Steel Fasteners

A. All fasteners shall be carbon steel with corrosion-resistant coating, unless otherwise noted. Fasteners shall show no more than 15% red rust corrosion after 30 cycles of Kesternich

Section 07 60 00 - 5

testing. B. Masonry / Concrete Fasteners

1. Fasteners shall be threaded or expansion type as required by site conditions.

2. Threaded fasteners shall be corrosion-resistant with hex washer head.

3. Expansion fasteners shall be zinc-alloy jacketed with stainless steel drive pin and mushroom head (nylon or plastic anchors are not approved).

4. Corrosion-resistant, watertight, EPDM sealing washer shall be supplied for either

threaded or expansion type fasteners.

5. Fasteners shall be approved by FM Global and roof manufacturer.

6. Fasteners to be nominal ¼” thickness minimum and of sufficient length to penetrate the masonry/concrete 1".

C. Steel / Wood Fasteners

1. Corrosion-resistant, self-drilling, self-tapping screw with hex washer head for

exposed fastening.

2. Corrosion-resistant, watertight, EPDM sealing washer for exposed fastening.

3. Fasteners shall be approved by FM Global and the roof manufacturer.

4. Fasteners to be nominal ¼” thickness minimum and of sufficient length to penetrate the steel ½” or into wood minimum 1".

5. 1¼” x 11-gauge, galvanized, ring shank roofing nails shall be used for concealed

fastening into wood.

D. Stainless Steel Fasteners

1. All fasteners shall be Type 304 or Series 400 stainless steel, or zinc alloy in composition.

2.4 Miscellaneous Materials and Accessories

A. Solder: ASTM B 32, Grade Sn50, used with rosin flux. B. Sealants and Related Accessories

1. General: Except as specifically otherwise directed by the Owner’s Representative,

Section 07 60 00 - 6

use only the type of sealants described in this section and approved by the roof manufacturer.

a. Silicone Polymer Sealant

1) Approved Products a) SilPurf NB SCS9000.02 by GE

2. Cleaner

a. Industrial solvent recommended by the sealant Manufacturer, such as

Isopropyl Alcohol, Xylene, Toluene, or Manufacturer-supplied cleaner.

3. Backer Rod a. General: Use a closed cell polyethylene, polyolefin or polyurethane foam

backer materials that are specifically recommended for this installation by the Sealant Manufacturer and that are non-absorbent, non-staining, and non-gassing when punctured. Backup materials must be 1½ times the width of the joint.

C. Sealant Tape

1. Permanently elastic isobutylene tripolymer tape or isobutylene isoprene copolymer tape that will bond to galvanized steel; aluminum; siliconized polyester, and polyvinyl fluoride painted metals; as well as wood, concrete, etc., 1/8” x 1” nominal cross section, meeting Federal Specification TT-C 1796A, Type II, Class B, with minimum 20 psi adhesive tensile strength according to ASTM C 907, with a service temperature range of -60° F to 212° F. a. Approved Products

1) Sika Lastomer – 95 Gray by Sika Corp. 2) Sika Lastomer – 93 Black by Sika Corp. 3) Sika Lastomer – 65 White by Sika Corp.

D. Polyethylene Underlayment: ASTM D 4397, minimum 6-mil (0.15 mm) thick black

polyethylene film, resistant to decay when tested according to ASTM E 154.

E. Metal Accessories: Provide sheet metal clips, straps, draw bands, anchoring devices, and similar accessory units as required for installation of work, matching or compatible with material being installed; non-corrosive; size and thickness required for performance complying with SMACNA and Manufacturer specifications.

Section 07 60 00 - 7

2.5 Fabrication, General A. Sheet Metal Fabrication Standard: Fabricate sheet metal flashing and trim to comply with

recommendations of SMACNA’s “Architectural Sheet Metal Manual” that apply to the design, dimensions, metal, and other characteristics of the item indicated.

B. Comply with details shown to fabricate sheet metal flashing and trim that fit substrates and

result in waterproofing and weather-resistant performance once installed. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. Provide expansion for running work, sufficient to permanently prevent leakage, damage or deterioration of work.

C. Form exposed sheet metal work that is without excessive oil canning, buckling, and tool

marks and that is true to line and levels indicated with exposed edges folded back to form hems.

D. Seams: Fabricate non-moving seams in sheet metal with flat-lock seams. Tin edges to be

seamed, form seams, and solder. E. Expansion Provisions: Space movement joints at maximum of 10 feet with no joints allowed

within 24” of corner or intersection. Where lapped or bayonet-type expansion provisions in work cannot be used or would not be sufficiently weatherproof and waterproof, form expansion joints of intermeshing hooked flanges, not less than 1” deep, filled with mastic sealant (concealed within joints).

F. Sealed Joints: Form non-expansion, but movable, joints in metal to accommodate

elastomeric sealant to comply with SMACNA standards. G. Separate metal from non-compatible metal or corrosive substrates by coating concealed

surfaces at locations of contract with asphalt mastic or other permanent separation as recommended by manufacturer.

H. Conceal fasteners and expansion provisions where possible. Exposed fasteners are not

allowed on faces of sheet metal exposed to public view. I. Fabricate cleats and attachment devices from same material as sheet metal component

being anchored or from compatible, non-corrosive metal recommended by sheet metal manufacturer.

1. Size: As recommended by SMACNA manual or sheet metal manufacturer for

application but never less than thickness of metal being secured. PART 3: EXECUTION 3.1 Inspection

Section 07 60 00 - 8

A. Examine the areas and conditions under which work of this section will be installed. Correct

conditions detrimental to the proper and timely completion of the work. Do not proceed until unsatisfactory conditions have been corrected.

3.2 Fabrication

A. Fabricate sheet metal flashings and trim to comply with recommendations of SMACNA’s “Architectural Sheet Metal Manual” that apply to the design, dimensions, metal and other characteristics of the item indicated. Sheet metal shall be formed accurately to sheet shapes as indicated on the drawings and in conformance with details on the drawings. Contractor shall be responsible for field verifying all dimensions.

B. Counterflashing shall be furnished where indicated on drawings. Form flashing sections not less than 8’0” in length, unless otherwise approved prior to fabrication and installation. Counterflashing shall overlap base flashing a minimum of 3”.

C. Where loose lock lap joints are specified on the drawings, adjacent sections of metal shall overlap a minimum of 3”.

D. Where joint covers are specified on the drawings, they shall be slightly larger than the primary component to ensure a proper fit. Edges of joint covers shall be tipped toward primary component to form a compression seal.

E. All exposed edges of cut sheet metal shall be folded back on concealed surfaces. F. Form, fabricate, and install all sheet metal so as to adequately provide for expansion and

contraction in the finished work. Space movement joints at a maximum of 10 feet. Where lapped or bayonet-type expansion provisions in the Work cannot be used or would not be sufficiently weatherproof and waterproof, form expansion joints of intermeshing hooked flanges not less than 1” deep, filled with mastic sealant (concealed within joints).

G. Seams: Fabricate non-moving seams in sheet metal with flat-lock seams. Tin edges to be

seamed, form seams and solder. H. Sealed Joints: Form non-expansion, but movable joints in metal to accommodate

elastomeric sealant to comply with SMACNA standards. I. Where a continuous clip is specified on the drawings, the primary component shall be

continuously crimped along the bottom edge of the clip. J. Install exposed sheet metal work that is without excessive oil canning, buckling and tool

marks, and that is true to line and levels indicated with exposed edges folded back to form hems. Install sheet metal flashings and trim to fit substrates and to result in a waterproof and weather resistant performance.

Section 07 60 00 - 9

K. Install reglets to receive counterflashing in manner and by methods indicated. Install counterflashing reglets, either by snap-in seal or by wedging in place for anchorage and filling reglet with elastomeric sealant appropriate for degree of sealant exposure and substrate.

L. Counterflashing: Coordinate installation of counterflashings with installation of assemblies

to be protected by counterflashing. Install counterflashings in reglets or receivers. Secure in a waterproof manner by means of snap-in installation and sealant, lead wedges and sealant, interlocking folded seam, or blind rivets and sealant. Lap counterflashing joints a minimum of 2” and bed with sealant.

M. Z-purlins to be installed over round pipe purlins shall be no more than 4” high and be custom

fabricated from galvanized steel 16 gauge or thicker. The new purlins are to be puddle-welded to the existing pipe purlin. Wire-brush the pipe purlin to remove the rust prior to installing the Z-purlins. Puddle weld the Z-purlin to the pipe every 6” O.C. A professional welder with the proper AWS certification must perform the work and the welder’s accreditation must be up to date.

3.3 Dissimilar Metals

A. Dissimilar materials in contact, which are subject to electrolysis, shall be protected against such action prior to installation. Protective materials shall not be visible after installation. Protect metals using coatings recommended by Manufacturer, or separated using felt or EPDM membrane.

B. Separate metal from corrosive substrates by coating concealed surfaces at locations of

contact with asphalt mastic or installation of approved separation sheet material. 3.4 Weatherproofing

A. Finish all sheet metal watertight and weather tight where so required. B. Where lap seams do not have a joint cover, lap 3” minimum according to pitch. C. Make all lap seams in the direction of the water flow.

3.5 Joints

A. Join parts with rivets where necessary for strength or stiffness. B. Provide suitable watertight expansion joints for all sheet metal as required for proper

installation in accordance with the schedule of roof related sheet metal and detail drawings. C. Sealant application shall be neatly and thoroughly performed for a watertight seal. Sealant

shall be installed within all loose lock joints under joint cover plates, and in other locations shown on the drawings. All exposed caulking joints shall be dry tooled to the profile shown

Section 07 60 00 - 10

on the detail drawings. If required, Contractor shall build custom tools on job site to provide the specified profile(s).

D. Surfaces to receive sealant shall be thoroughly cleaned as recommended by the sealant

Manufacturer. All bitumen coating materials, roof cement, adhesive residue, rust, old caulking and/or other contaminants shall be removed down to the substrate to which sealant bonding is intended.

E. Provide solder/weld joints where noted on the drawings.

3.6 Fastening

A. Secure metal per detail drawings. Do not in any case install exposed fasteners on a

horizontal plane, unless specifically shown on a particular detail drawing. B. All clips and cleats are to be fastened 6” o.c., unless otherwise noted on the drawings. C. Do not fasten adjacent counterflashing, or edge metal sections together at laps or at joint

covers, so as to limit expansion/contraction ability. Fasten through center of joint cover through butt joint gap between primary component sections.

D. Embedded metal flanges are to be fastened 3” o.c., staggered. E. The specified spacing for all fasteners in perimeter metal work shall be reduced by a factor

of two in the corner zones of each roof section. Corner zones shall be as calculated based upon the applicable version of ASCE-7.

F. For concealed fastening into wood, use annular ring shank roofing nails. G. For fastening into concrete, use masonry/concrete anchors with neoprene washers. Use

only metal anchors. Plastic anchors shall not be used. H. For exposed fastening into wood, use screws with neoprene washers. Deformed shank

nails shall not be used. I. Ensure that fasteners are not overdriven such that neoprene washer damage results.

Remove and replace all such damaged fasteners, using oversized fasteners. 3.7 Protection

A. Roof surfaces and flashing shall be adequately protected to prevent damage during the installation of metal work. The Contractor shall repair, at no cost to the Owner, any materials damaged.

3.8 Cleanup

Section 07 60 00 - 11

A. Debris from sheet metal work shall be frequently removed from building site as it accumulates.

B. Leave job site absolutely clean at completion of work, and properly dispose of all

construction debris such as metal trimmings, fasteners, rivet nails, caulk tube ends, etc. End of Section 07 60 00