1 CITY OF MERCED
CONSTRUCTION CONTRACT
PROJECT NUMBER 123052
STEPHEN LEONARD PARK BUILDING REHABILITATION
STRUCTURAL REPAIRS
1. Parties and Date.
This Contract is made and entered into this ________________ day of ___________, ____________ by and between the City of Merced, a public agency of the State of California (“City”) and Harris Builders, Inc., a California Corporation with its principal place of business at 18736 Bloss Avenue, Hilmar, CA 95324 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. Recitals.
2.1. City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2. Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing services such as: roof structural repairs.
Related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class B.
2.3. Project. City desires to engage Contractor to render such services for the Project No. 123052 – Stephen Leonard Park Building Rehabilitation, Structural Repairs as set forth in this Contract.
2.4. Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.
3. Terms
3.1. Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications, and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Addenda
• Change Orders executed by the City
Attachment 2
2 • Latest Edition of the Standard Specificatio ns for Public Works Construction (Green Book), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
3.2. Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference.
Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1. Change in Scope of Work . Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2. Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by g rade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty -five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. 3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests fo r substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way excep t as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3. Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 90 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor.
Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $1,500.00 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.4. Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlik e manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable 4 to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5. Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. An y additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6. City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7. Compensation and Payment.
3.7.1. Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two Hundred Fifty-Two Thousand Five Hundred Fifty Dollars ($252,550.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.7.2. Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will ar range for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or befo re the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. The se applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3. Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
5 3.7.4. Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5. Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedie d; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recov er from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6. Substitutions for Contract Retentions . In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7. Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items. 6 3.7.8. Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10. Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each ful l calendar day of noncompliance, or such greater amount as provided by law.
3.7.11. Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12. Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section.
Should noncompliance still be evident after such 10-day period, Contractor shall, 7 as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.
The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13. Contractor and Subcontractor Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small projec t exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.7.14. Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensabl e by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8. Performance of Work; Jobsite Obligations.
3.8.1. Water Quality Management and Compliance.
3.8.1.1. Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the Cal ifornia Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, 8 or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2. Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating wor k, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job si te as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3. Other Water Quality Rule s Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdicti on, including applicable requirements in municipal storm water management programs.
3.8.1.4. Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, h as prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5. Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6. Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’ s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity. 9 3.8.1.7. Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of a ll safety measures.
Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to al l telephones at the Project site.
3.8.3. Laws and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, inc luding all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
10 3.8.4. Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any.
Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5. Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including S ection 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6. Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavatio n that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical c onditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work.
Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7. Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of:
(1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8. Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
11 3.8.9. State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9. Completion of Work . When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing t he specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10. Claims; Government Code Claim Compliance.
3.10.1. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.
This Section shall be construed to be consistent with said statutes.
3.10.2. Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contract or pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16-point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3. Supporting Documentation. The Contractor shall submit all claims in the following format:
12 3.10.3.1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.10.3.2. List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3. Chronology of events and correspondence
3.10.3.4. Analysis of claim merit
3.10.3.5. Analysis of claim cost
3.10.3.6. Time impact analysis in CPM format
3.10.3.7. If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in s upport of the claim of design errors and omissions.
3.10.3.8. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
3.10.4. City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1. If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.10.4.2. Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3. City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period 13 of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5. Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time pre scribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3. Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) un til the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. 14 3.10.8. Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10. Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
15 3.11. Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City.
3.12. Indemnification
3.12.1. Scope of Indemnity . To t he fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any al leged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2. Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, recei ved by the City, its officials, employees, agents and authorized volunteers.
3.13. Insurance.
3.13.1. Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. 16 3.13.2. Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1. Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Servic es Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); an d (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
Policies shall not contain exclusions contrary to this Contract.
3.13.2.2. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability:
$5,000,000 per accident for bodily injury and pro perty damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3. Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1. General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogati on which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized 17 volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2. Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shal l stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3. Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4. All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4. Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5. Deductibles and Self -Insurance Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
18 3.13.7. Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage require d by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8. Subcontractors. All subcontractors sh all meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.13.9. Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14. Bond Requirements.
3.14.1. Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2. Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3. Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause 19 3.14.4. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted.
If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.15. Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of su bcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transf erred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16. Employee/Labor Certifications.
3.16.1. Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comp ly with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
20 3.16.2. Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.16.3. Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.17. General Provisions.
3.17.1. City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.17.2. Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval
3.17.3. Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contr act is 21 terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
3.17.4. Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.17.5. Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code ) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6. Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Harris Builders Inc.
18736 Bloss Ave
Hilmar, CA 95324
Attn: Mr. Craig Harris, President
CITY:
City of Merced
678 West Main Street
Merced, California 95340
Attn: Mr. Michael R. Beltran II, PE
City Engineer
Any notice so given shall be conside red received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7. Time of Essence. Time is of the essence in the performance of this Contract.
3.17.8. Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the 22 Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee
3.17.9. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.17.10. Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. I f any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.
3.17.11. Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12. Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13. [Reserved]
3.17.14. Solicitation. C ontractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it a greed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For brea ch or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15. Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of th is Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agree s to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.17.16. Certification of License.
3.17.16.1. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A 23 complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.17.17. Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.17.18. Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19. Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20. City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF MERCED
AND HARRIS BUILDERS INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the ____ day of ______ , 2022.
CITY OF MERCED
By: _________ _
Stephanie Dietz
City Manager
ATTEST:
By: _________ _
Deputy City Clerk
APPROVED AS TO FORM:
By: --------
City Attorney
By:
Its:
Printed Name: 0A-t"v liR(l_J' 5
7 Contractor Printed Name
Contractor licensed in accordance with an act
providing for the registration of contractors.
24 ACCOUNT DAT A:
Project No.: 123052
Project Account Number(s) / Amount:
By:
Finance Officer Verification
Taxpayer ID No.: __ 7_7_-..c:..(}_S_!_3_q_5_5_-__ _
Vendor No.: -=-16=9=3=8 _______ _
Address: 18736 Bloss Avenue
Hilmar. CA 95324
Phone: (209) 664-9486
Fax: pe11) (p� 7-tl l-38
Email: [email protected]
25 26
EXHIBIT “A”-SERVICES / SCHEDULE
ITEM
NO.
ITEM UNIT OF
MEASURE
ESTIMATED
QUANTITY
UNIT PRICE
(IN FIGURES)
ITEM TOTAL
(IN FIGURES)
1 GENERAL CONDITIONS LS 1 $ 40,000.00 $ 40,000.00 2 DEMO UNITS/ROOFING LS 1 $ 21,255.00 $ 21,255.00 3 SELECTIVE DEMOLITION LS 1 $ 21,255.00 $ 21,255.00 4 NEW FRAMING/REPAIR LS 1 $ 127,530.00 $ 127,530.00 5 FASCIA PATCHING/REPAIR LS 1 $ 21,255.00 $ 21,255.00 6 TEMPORARY
ROOFING/WATERPROOFING LS 1 $ 21,255.00 $ 21,255.00 TOTAL $ 252,550.00
27 EXHIBIT “B”- PLANS AND SPECIFICATIONS
28 SUMMARY OF WORK
SECTION 011100
SUMMARY OF WORK
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes:
1. Project information.
2. Work covered by Contract Documents.
3. Access to site.
4. Work restrictions.
5. Specification and drawing conventions.
6. Proposed Project Schedule.
B. Related Sections:
1. Division 00 Section “Instructions to Bidders”.
2. Division 00 Section “Bid Proposal Form”.
3. Division 00 Section “Agreement Between Owner and Contractor”.
4. Division 00 Section “General Conditions”.
5. Division 01 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities.
6. Division 01 Section “Selective Demolition”.
1.3 PROJECT INFORMATION
A. Project Identification:
Stephen Leonard Park Community Building Rehabilitation Phase 1 - Structural Repairs
640 T Street
Merced, CA 95341
Owner’s Project Number: 123052
Architect’s Project Number: 22-12479
29 SUMMARY OF WORK
B. Owner:
City of Merced
2525 “O” Street
Merced, CA 95340
Telephone: 209-385-6898
Contact: Michael R. Beltran II, PE, City Engineer
C. Architect:
1.4 TETER, LLP
7535 North Palm Avenue, Suite 201
Fresno, California 93711
Telephone 559.437.0887 Contact:
Robert Dinuzzo, AIA
1.5 WORK COVERED BY CONTRACT DOCUMENTS
A. The Work of the Project is defined by the Contract Documents and consists of the following:
1. Work includes the rebuild/ reconstruction from fire damage of the Stephen Leonard Community Park Building.
2. Summary of construction activities include, but are not necessarily limited to:
a. Prepare and pay for any Local, City, or County applications, permits, fees, etc. as required to complete the work.
b. The scope of work includes but is not limited to: removal and replacement of the existing roofing and roof framing and sheathing as indicated on the drawings.
c. Weather proofing of any new roof framing and sheathing.
B. The description of work above is not all-inclusive and is solely provided as a summary for the convenience of the Contractor; refer to Drawing and Specifications for extent of work.
C. Type of Contract: Project will be constructed under single prime contract.
1.6 ACCESS TO SITE
A. General: Contractor shall have full use of Project site for construction operations during construction period. Contractor's use of Project site is limited only by Owner's right to perform work or to retain other contractors on portions of Project.
B. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.
30 SUMMARY OF WORK
C. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.
1. Driveways, Walkways and Entrances: Keep driveways, loading areas, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials.
a. Schedule deliveries to minimize use of driveways and entrances by construction operations.
b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.
D. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period. Repair damage caused by construction operations.
E. Assume full responsibility of protection and safekeeping of Contractor’s and Owner’s materials stored on premises. Coordination with Inspector the location of materials stored on premises. Provide barricades, barriers and enclosures as required to ensure student and faculty safety from material stored on premises.
F. Move any stored products which interfere with operations of Owner.
G. Obtain and pay for use of additional storage or work areas needed for operations.
H. Lock automotive type vehicles, such as passenger cars and trucks and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended with the motor running or the ignition key in place.
1.7 WORK RESTRICTIONS
A. Work Restrictions, General: Comply with restrictions on construction operations.
1. Comply with limitations on use of public streets and other requirements of authorities having jurisdiction.
B. On-Site Work Hours: Limit work in the existing building to normal business working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, except as otherwise indicated.
1. Submit a written request to the Architect for work hours outside of the indicted on- site hours; request subject to review by the Owner.
C. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner.
1. Notify Architect, and Owner not less than 2 days in advance of proposed disruptive operations.
31 SUMMARY OF WORK
2. Obtain Architect’s, and Owner’s written permission before proceeding with disruptive operations.
D. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet of entrances, operable windows, or outdoor air intakes.
E. Controlled Substances: Use of tobacco products and other controlled substances on Project site is not permitted.
1.8 SPECIFICATION AND DRAWING CONVENTIONS
A. General: Specifications establish minimum quality standards for products, materials, and installation requirements unless more stringent requirements are indicated on the Drawings; Drawings establish material and product location and quantity.
1. Where requirements for materials and/or products indicated on the Drawings are not specified, provide heavy duty commercial grade products and materials.
B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.
C. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:
1. Imperative mood and streamlined language are generally used in the Specifications.
The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.
2. Specification requirements shall be complied with by Contractor unless specifically stated otherwise.
D. Drawing Content, Material and Product Identification: Materials and products are identified on Drawings by typical generic terms used in the individual Specification Sections unless materials and products are described in detail on the Drawings.
1.9 PROPOSED PROJECT SCHEDULE – Phase 1
A. October 13, 2022: First Advertisement
B. October 14, 2022: Construction Documents (75%) submit to the City C. October 20, 2022: Second Advertisement
D. October 24, 2022 at 10:00AM: Pre-Bid Conference
E. October 25, 2022: Last day for submission for RFI’s
F. October 27, 2022: Construction Documents (100%) submit to the City G. October 27, 2022: Final Addenda Issuance
H. November 3, 2022 at 2:00 PM: Bid Opening
I. November 21, 2022: Council Meeting – Award of Project J. December 5, 2022: Estimated Onsite Commencement
K. TBD: Completion Date
32 SUMMARY OF WORK
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
ADDENDA 33
SECTION 011103
ADDENDA
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative requirements for Addenda issued prior to bid opening.
B. Related Requirements:
1. Division 00 Sections as applicable to contract requirements and modifications.
2. Division 01 Section "Substitution Procedures" for administrative procedures for handling requests for substitutions made after the Contract award.
3. Division 01 Section "Contract Modification Procedures" for changes to the Contract Documents after award of the Contract.
1.3 NOTICE TO BIDDERS
A. Addenda will be issued to registered plan holders for changes to the drawings and specifications during the bidding period prior to the bid opening. Addenda shall serve to clarify, revise, and supersede information in the Project Manual, Drawings, and previously issued Addenda. Portions of the Addenda affecting the Contract Documents will be incorporated into the Contract by enumeration of the Addendum in the Owner/Contractor Agreement.
B. The Bidder shall acknowledge receipt of this Addendum in the appropriate space on the Bid Form.
1.4 GOVERNING AGENCY REVIEW AND APPROVAL
A. Addenda shall be submitted to the Authority having Jurisdiction (AHJ) by the project Architect and shall be approved by the AHJ in order to be officially incorporated into the construction documents. All addenda must be signed by the architect.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
SUBSTITUTION PROCEDURES 34
SECTION 012500
SUBSTITUTION PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative and procedural requirements for substitutions.
B. Related Sections:
1. Division 00 Section “Instructions to Bidders” and other Division 00 Sections as applicable to substitution requests prior to submission of bids.
2. Division 01 Section “Contract Modification Procedures” for changes to the approved/ permitted Construction Documents.”
3. Division 01 Section "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers.
4. Divisions 02 through 33 Sections for specific requirements and limitations for substitutions.
1.3 DEFINITIONS
A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents.
1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms.
2. Substitutions for Convenience: Changes proposed by Contractor that are not required in order to meet other Project requirements but may offer advantage to the Owner.
1.4 SUBMITTALS
A. Substitution Requests: Submit documentation identifying product or fabrication or installation method to be replaced. Include Specification Section number and title, and Drawing numbers and titles.
1. Substitution Request Form: Use form provided at the end of this Section.
2. Documentation: Show compliance with requirements for substitutions and the following, as applicable:
SUBSTITUTION PROCEDURES 35
a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable.
b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors that will be necessary to accommodate proposed substitution.
c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design c haracteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.
d. Product Data, including drawings and descriptions of products and fabrication and installation procedures.
e. Samples, where applicable or requested.
f. Certificates and qualification data, where applicable or requested. g. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. h. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. i. Research reports evidencing compliance with building code in effect for Project, from ICC-ES.
j. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufactu rer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery.
k. Cost information, including a proposal of change, if any, in the Contract Sum. l. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated.
m. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.
3. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within 7 days of receipt of a request for substitution.
Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. Architect will not act on any Post -Bid Substitutions until 7 days following the submission of the Schedule of Values per Division 01 Section “Payment Procedures.”
a. Forms of Acceptance:
1) Substitutions Prior to Bid: Addenda will be issued for substitutions accepted prior to bid.
SUBSTITUTION PROCEDURES 36
2) Substitutions After Award of Contract: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work.
b. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated.
1.5 QUALITY ASSURANCE
A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage qualified testing agency to perform compatibility tests recommended by manufacturers.
1.6 PROCEDURES
A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved substitutions.
1.10 PART 2 - PRODUCTS
2.1 SUBSTITUTIONS
A. Substitutions Prior to Bid: Architect will consider requests for substitution if received within 21 days prior to the submission of bids. Requests received after that time may be considered or rejected at discretion of Architect.
1. Conditions: Architect will consider bidder’s request for substitution when the following conditions are satisfied.
a. Substitutions prior to bid shall also be subject to the requirements of applicable Division 00 Specification Sections.
b. Substitutions prior to bid shall comply with the requirements for Substitutions for Cause or Substitutions for Convenience as applicable.
2. Substitutions requested by bidders during the bidding period, and accepted by Addendum prior to award of the Contract, are considered as included in the Contract Documents.
B. Substitutions After Award of Contract: The Contractor after award of the Contract, as allowed by the General Conditions, may submit materials and methods to be considered for substitutions.
1. The following are not considered to be substitutions:
a. Revisions to the Contract Documents requested by the Owner or Architect. b. Specified options of products and construction methods included in the Contract Documents.
SUBSTITUTION PROCEDURES 37
c. The Contractor’s compliance with governing regulations and orders issued by governing authorities.
C. Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change, but not later than 21 days prior to time required for preparation and review of related submittals.
1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements:
a. Requested substitution is consistent with the Contract Documents and will produce indicated results.
b. Substitution request is fully documented and properly submitted. c. Requested substitution will not adversely affect Contractor's construction schedule.
d. Requested substitution has received necessary approvals of authorities having jurisdiction.
e. Requested substitution is compatible with other portions of the Work. f. Requested substitution has been coordinated with other portions of the Work.
g. Requested substitution provides specified warranty.
h. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.
D. Substitutions for Convenience: Architect will consider requests for substitution if received within 60 days after the Notice to Proceed. Requests received after that time may be considered or rejected at discretion of Architect.
1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements:
a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. b. Requested substitution does not require extensive revisions to the Contract Documents.
c. Requested substitution is consistent with the Contract Documents and will produce indicated results.
d. Substitution request is fully documented and properly submitted. e. Requested substitution will not adversely affect Contractor's construction schedule.
SUBSTITUTION PROCEDURES 38
f. Requested substitution has re ceived necessary approvals of authorities having jurisdiction.
g. Requested substitution is compatible with other portions of the Work. h. Requested substitution has been coordinated with other portions of the Work. i. Requested substitution provides specified warranty.
j. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.
PART 3 - EXECUTION (Not Used)
1.11 END OF SECTION
(Substitution Request Form included on the following page)
SUBSTITUTION PROCEDURES 39
SUBSTITUTION REQUEST FORM
FOR: (Project Title)
We hereby submit for your consideration the following product instead of the specified item for the above project:
SECTION PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Attach complete technical data, including laboratory tests, if applicable.
Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proposed installation.
Fill in the blanks below:
A. Does the substitution affect dimension on Drawings:
B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution?
C. What affect does substitution have on other trades?
D. Difference between proposed substitution and specified item?
E. Manufacturer's guarantees of the proposed and specified items are:
Same Different (explain on attachment)
F. Cost difference between proposed substitution and specified item - savings to Owner?
The undersigned states that the function, appearance and quality are equivalent or superior to the specified item and will be at no additional cost to the Owner.
Submitted to the Architect by:
Signature: For Use by Design Consultant
Firm: Accepted
Address:
Accepted as Noted
Not Accepted
Received Too Late
SUBSTITUTION PROCEDURES 40
Date: By:
Telephone: Date:
Remarks:
CONTRACT MODIFICATION PROCEDURES 41
SECTION 012600
CONTRACT MODIFICATION PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative and procedural requirements for handling and processing Contract modifications including the following:
1. Governing Agency requirements.
2. Architect’s Supplemental Instructions.
3. Architect’s Change Directive.
4. Proposal Requests.
5. Change Orders.
B. Related Requirements:
1. Division 00 Sections as applicable to contract requirements and modifications.
2. Division 01 Section "Substitution Procedures" for administrative procedures for handling requests for substitutions made after the Contract award.
1.3 DEFINITIONS
A. Contract Modification: A change to the Contract Agreement between the Owner and the Contractor affecting the Contract Documents, the Contract Time, and/or the Contract Amount.
B. Change Order (CO): A document defining Contract Modifications. Change Orders shall be issued by the Architect and shall be signed by the Architect, Owner, and Contractor.
C. Architect’s Chan ge Directive (ACD): A form utilized by the Architect directing the Contractor to proceed with a change that may or may not require Authorities having jurisdiction approval.
D. Architect’s Supplemental Instruction (ASI): For minor changes in the Work not involving adjustment to the Contract Sum or the Contract Time, the Architect will issue Architect’s Supplemental Instructions authorizing such changes.
CONTRACT MODIFICATION PROCEDURES 42
1.4 CHANGES TO GOVERNING AGENCY APPROVED CONSTRUCTION DOCUMENTS
A. Governing Agency Review and Approval: Changes to the Construction Documents are subject to review and approval by the authorities having jurisdiction.
1.5 ARCHITECT’S SUPPLEMENTAL INSTRUCTION
A. Architect’s Supplemental Instruction (ASI): For minor changes in the Work not involving adjustment to the Contract Sum or the Contract Time, the Architect will issue Architect’s Supplemental Instructions authorizing such changes.
1. Architect’s Supplemental Instructions affecting changes to the Construction Documents shall be subject to governing agency review and approval.
2. Contractor’s Response:
a. Contractor shall perform the work indicated in the Architect’s Supplemental Instruction without adjustment to the Contract Sum or the Contract Time. b. If the Contractor determines that an adjustment to the Contract Sum or the Contract Time is necessary due to the Architect’s Supplemental Instruction, the Contractor shall respond to the Architect’s Supplemental Instruction as if it were an Architect/Owner initiated Proposal Request.
1.6 ARCHITECT’S CHANGE DIRECTIVE
A. Architect’s Change Directive (ACD): Architect may issue an Architect’s Change Directive on Architect’s standard form to instruct Contractor to proceed with a change in the Work for subsequent inclusion in a Change Order.
1. Architect’s Change Directive contains a complete description of change in the Work.
It also designates method to be followed to determine change in the Contract Sum or the Contract Time.
2. Architect’s Change Directives affecting structural, fire/life safety, and/or access compliance shall be accompanied by appropriate approved authority having jurisdiction documentation.
3. Architect’s Change Directive shall be issued by the Architect and shall be signed by the Architect.
B. Documentation by Contractor: Maintain detailed records on a time and material basis of work required by the Architect’s Change Directive.
1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract.
CONTRACT MODIFICATION PROCEDURES 43
1.7 PROPOSAL REQUESTS
A. General: Proposal Requests allow the Contractor to respond to proposed changes in the Work that involve an adjustment to the Contract Sum or the Contract Time. Proposal Requests are not instructions to stop work in progress or execute proposed changes.
Upon Owner's approval of a Proposal Request, Architect will issue a Change Order instructing the Contractor to proceed with the proposed changes (Refer to Part 1 Article “Change Order Procedures”).
B. Architect/Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications.
1. Contractor’s Response: Within time specified in Proposal Request, or not more than 7 days after receipt of Proposal Request when not otherwise specified, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change.
a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.
b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.
c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.
e. Quotation Form: Use forms acceptable to Architect.
C. Contractor-Initiated Proposals: If conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Architect. Architect will not act on any Contractor Initiated Proposals until 7 days following the submission of the Schedule of Values per Division 01 Section “Payment Procedures.”
1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time.
2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.
3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.
4. Include costs of labor and supervision directly attributable to the change.
5. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.
CONTRACT MODIFICATION PROCEDURES 44
6. Comply with requirements in Division 01 Section "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified.
7. Proposal Request Form: Use form acceptable to Architect.
D. Architect’s Response: Within 7 days after receipt of Contractor’s response to Architect/Owner initiated Proposal Request or Contractor’s Proposal, Architect will:
1. Issue a Change Order for accepted proposals.
2. Notify the Contractor of unaccepted proposals.
3. Issue an Architect’s Change Directive where changes are necessary for the progress of the Work and changes to the Contract Sum and the Contract Time are in dispute.
1.8 ADMINISTRATIVE CHANGE ORDERS
A. Allowance Adjustment: See Division 01 Section "Allowances" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances.
B. Unit-Price Adjustment: See Division 01 Section "Unit Price Allowance" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit-price work.
1.9 CHANGE ORDER PROCEDURES
A. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on form provided by Architect.
1. Change Orders affecting changes to the Construction Documents shall be subject to governing agency review and approval.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
REQUEST FOR INFORMATION 45
SECTION 012613
REQUEST FOR INFORMATION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative provisions for preparation, submittal and response to Contractor’s Request for Information (RFI’s) during construction of project.
1.3 DEFINITIONS
A. RFI, Request for Information: Request from Contractor seeking information required by or clarification of the Contract Documents.
1.4 SUBMITTALS
A. RFI Submittals: Submit RFI’s via email as PDF electronic files; include attachments in PDF electronic file format.
1.5 REQUESTS FOR INFORMATION (RFIs)
A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified.
1. Architect will return without response those RFIs submitted to Architect by other entities controlled by Contractor.
2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors.
REQUEST FOR INFORMATION 46
B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following:
1. Project name.
2. Project number.
3. Date.
4. Name of Contractor.
5. Name of Architect
6. RFI number, numbered sequentially.
7. RFI subject.
8. Specification Section number and title and related paragraphs, as appropriate.
9. Drawing number and detail references, as appropriate.
10. Field dimensions and conditions, as appropriate.
11. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI.
12. Contractor's signature.
13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation.
a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.
C. RFI Form: Use RFI form included at end of this Section or form acceptable to Architect.
Upon request from the Contractor, the form at the end of this section will be made available in WORD format from the Architect.
D. Architect's Action: Architect will review each RFI, determine action required, and respond.
1. Allow 10 working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day.
2. Architect will not act on any RFI’s until 7 days following the submission of the Schedule of Values per Division 01 Section “Payment Procedures.”
3. The following RFIs will be returned without action:
a. Requests for approval of submittals.
b. Requests for approval of substitutions.
c. Requests for approval of Contractor’s means and methods. d. Requests for coordination information already indicated in the Contract Documents.
e. Requests for adjustments in the Contract Time or the Contract Sum. f. Requests for interpretation of Architect's actions on submittals. g. Incomplete RFIs or inaccurately prepared RFIs.
4. Architect's action may include a request for additional information, in whi ch case Architect's time for response will date from time of receipt of additional information.
5. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01 Section "Contract Modification Procedures."
REQUEST FOR INFORMATION 47
a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response.
6. Distribution: The Architect shall distribute one electronic copy of each completed RFI review to the Contractor and the Owner.
E. Regulatory Requirements: Architect’s responses that modify the Contract Documents affecting Structural Safety, Fire and Life Saf ety, and/or Access Compliance may be submitted to the Authority having jurisdiction for review and approval.
F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the sequential RFI number. Submit log weekly unless otherwise directed in writing by Architect. Include the following:
1. Project name.
2. Name and address of Contractor.
3. Name and address of Architect.
4. RFI number including RFIs that were returned without action or withdrawn.
5. RFI description.
6. Date the RFI was submitted.
7. Date Architect's response was received.
G. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within 7 days if Contractor disagrees with response.
H. Contractor’s Expense for RFI’s: Architect will review and respond to legitimate RFI’s at no additional cost to the Contractor. RFI’s determined by the Architect to be flagrant or unnecessary will have the expense for the Architect’s time paid by the Owner with the amount being deducted from the Contract Sum. The expense will be based on an hourly rate in accordance with the Architect’s standard hourly rate schedule in effect at the time the work is performed with a minimum of one hour for each flagrant or unnecessary RFI.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
1.12 END OF SECTION
(REQUEST FOR INFORMATION form included on the following page) REQUEST FOR INFORMATION 48
REQUEST FOR INFORMATION
Project:
Project Title
TETER Project No.
123 Street Address
City, State, Zip
From:
Name
Company Name
To:
Name
Title or Department
TETER
123 Street Address
City, State, Zip
Client Project No.
DSA File No.
DSA Appl No.
Drawing: Detail No.
Specification:
Addendum:
Date:
Request for Information No.
□ Deviation from Contract Docs
□ Correction of Non-Compliant Work
Respond by:
Priority
(Low) 1 2 3 4 5 (High)
Subject: Information Requested:
Contractor’s Recommendation:
Probable Cost Effect: Architect’s
Response:
Probable Time Effect:
Disclaimer
The work shall be carried out in accordance with the above supplemental instructions pursuant the Contract Documents, without change in the Contract Sum or Contract Time. Proceeding with the Work, according to these instructions, indicates your acknowledgement that there will be no change in the Contract Sum or Contract Time. If the Contractor considers that this response requires a change in the Contract Sum or Contract Time, the Contractor shall not proceed with this Work and shall promptly submit an item proposal.
PAYMENT PROCEDURES 49
SECTION 012900
PAYMENT PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment.
B. Related Sections:
1. Division 01 Section "Contract Modification Procedures" for administrative procedures for handling changes to the Contract.
2. Division 01 Section "Submittal Procedures" for administrative requirements governing the preparation and submittal of the submittal schedule.
1.3 DEFINITIONS
A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment.
1.4 SCHEDULE OF VALUES
A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's construction schedule.
1. Coordinate line items in the schedule of values with other required administrative forms and schedules, including the following:
a. Application for Payment forms with continuation sheets. b. Submittal schedule.
c. Items required to be indicated as separate activities in Contractor's construction schedule.
2. Submit the Schedule of Values to Architect at earliest possible date but no later than 7 days before the date scheduled for submittal of initial Applications for Payment.
PAYMENT PROCEDURES 50
a. Architect will not act on any RFI’s, Post-Bid Substitutions, and/or changes to the project scope, cost, or schedule until 7 days following the submission of the Schedule of Values.
3. Subschedules for Phased Work: Where the Work is separated into phases requiring separately phased payments, provide subschedules showing values correlated with each phase of payment.
4. Subschedules for Separate Elements of Work: Where the Contractor's construction schedule defines separate elements of the Work, provide subschedules showing values correlated with each element.
B. Format and Content: Use the Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section.
1. Identification: Include the following Project identification on the schedule of values:
a. Project name and location.
b. Name of Architect.
c. Architect's project number.
d. Contractor's name and address.
e. Date of submittal.
2. Arrange the schedule of values in tabular form with separate columns to indicate the following for each item listed:
a. Related Specification Section or Division.
b. Description of the Work.
c. Name of subcontractor.
d. Name of manufacturer or fabricator.
e. Name of supplier.
f. Change Orders (numbers) that affect value.
g. Dollar value of the following, as a percentage of the Contract Sum to nearest one-hundredth percent, adjusted to total 100 percent.
1) Labor.
2) Materials.
3) Equipment.
3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of 5 percent of Contract Sum.
a. Include separate line items under Contractor and pri ncipal subcontracts for project closeout requirements in an amount totaling 5 percent of the Contract Sum and subcontract amount.
4. Round amounts to nearest whole dollar; total shall equal the Contract Sum.
PAYMENT PROCEDURES 51
5. Provide a separate line item in the schedule of values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed.
a. Differentiate between items stored on -site and items stored off -site. If required, include evidence of insurance.
6. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work.
7. Each item in the schedule of values and Applications for Payment shall be complete.
Include total cost and proportionate share of general overhead and profit for each item.
a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option.
8. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum.
1.5 APPLICATIONS FOR PAYMENT
A. Each Application for Payment following the initial Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner.
1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements.
B. Payment Application Times: The date for each progress payment application shall be as indicated in the Agreement between Owner and Contractor. The period of construction work covered by each Application for Payment is the period indicated in the Agreement.
1. If dates and periods are not indicated in the Agreement between Owner and Contractor at time of bidding, the date for Application for Payment shall be established by the Owner to correspond with the Owner’s administrative procedures in order to allow for processing and approval of Application for Payment. The period of construction work covered by each Application for Payment shall be one month.
2. Submit draft copy of Application for Payment 7 days prior to due date for review by Architect.
C. Application for P ayment Forms: Use forms acceptable to Architect and Owner for Applications for Payment. Submit forms for approval with initial submittal of schedule of values.
PAYMENT PROCEDURES 52
D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action.
1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made.
2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment.
3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application.
4. Indicate separate amounts for work being carried out under Owner -requested project acceleration.
E. Stored Materials: Include in Application for Payment amou nts applied for materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-site and items stored off-site.
1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment, for stored materials.
2. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials.
3. Provide summary documentation for stored materials indicating the following:
a. Materials previously stored and included in previous Applications for Payment.
b. Work completed for this Application utilizing previously stored materials. c. Additional materials stored with this Application.
d. Total materials remaining stored, including materials with this Application.
F. Transmittal: Submit 6 signed and notarized original copies of each Application for Payment to Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required.
1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application.
G. Waivers of Mechanic's Li en: With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application.
1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item.
2. When an application shows completion of an item, submit conditional final or full waivers.
3. Owner reserves the right to designate which entities involved in the Work must submit waivers.
4. Submit final Application for Payment with or preceded by conditional final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien.
PAYMENT PROCEDURES 53
5. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner.
H. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:
1. List of subcontractors.
2. Schedule of values.
3. Contractor's construction schedule (preliminary if not final).
4. Submittal schedule (preliminary if not final).
5. List of Contractor's staff assignments.
6. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work.
7. Initial progress report.
8. Report of preconstruction conference.
I. Application for Payment at Substantial Completion: After issuance of the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portions of the Work claimed as substantially complete.
1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum.
2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work.
J. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following:
1. Evidence of completion of Project closeout requirements.
2. Updated final statement, accounting for final changes to the Contract Sum.
3. Evidence that claims have been settled.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
PROJECT MANAGEMENT AND COORDINATION 54
SECTION 013113
PROJECT MANAGEMENT AND COORDINATION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following:
1. General project coordination procedures.
2. Administrative and supervisory personnel.
B. Related Sections:
1. Division 01 Section "Execution" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points.
2. Division 01 Section "Closeout Procedures" for coordinating closeout of the Contract.
1.3 SUBMITTALS
A. List of Key Personnel Names: Within 14 calendar days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home, office, and cellular telephone numbers and email addresses. Provide names, addresses, and telephone numbers of individuals assigned as alternates in the absence of individuals assigned to Project.
1. Post copies of list in project meeting room, in temporary field office, and by each temporary telephone. Keep list current at all times.
1.4 COORDINATION PROCEDURES
A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work.
Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation.
PROJECT MANAGEMENT AND COORDINATION 55
1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation.
2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair.
3. Make adequate provisions to accommodate items scheduled for later installation.
B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings.
1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required.
C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following:
1. Preparation of Contractor's construction schedule.
2. Preparation of the schedule of values.
3. Installation and removal of temporary facilities and controls.
4. Delivery and processing of submittals.
5. Progress meetings.
6. Preinstallation conferences.
7. Project closeout activities.
D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste.
1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. Refer to other Sections for disposition of salvaged materials that are designated as Owner's property.
1.13 PART 2 - PRODUCTS
2.1 Not Used.
1.14 PART 3 - EXECUTION
3.1 GENERAL COORDINATION PROVISIONS
A. Examination of Conditions: Require the Installer of each major component to examine both the substrate and conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner.
PROJECT MANAGEMENT AND COORDINATION 56
3.2 CLEANING AND PROTECTION
A. Clean and protect construction in progress and adjoining materials in place, during handling and installation. Apply protective covering where required to assure protection from damage or deterioration at Substantial Completion.
B. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period.
C. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.
END OF SECTION
SUBMITTAL PROCEDURES 57
SECTION 013300
SUBMITTAL PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals.
2. Cost for multiple resubmittals.
B. Related Sections:
1. Division 01 Section “Payment Procedures” for submitting Applications for Payment and the schedule of values.
2. Division 01 Section "Project Management and Coordination" for general project coordination.
3. Division 01 Section "Quality and Testing Requirements" for submitting test and inspection reports, and schedule of tests and inspections.
4. Division 01 Section "Closeout Procedures" for submitting closeout submittals and maintenance material submittals.
1.3 SUBMITTAL FORMAT AND PROCEDURES
A. General: Prepare and submit submittals required by individual Specification Sections.
1. Architect will not review submittals received from Contractor that do not have Contractor's review and approval.
2. Architect will not review submittals received from sources other than the Contractor.
B. Electronic Digital Submittals: Prepare submittals as PDF package unless otherwise indicated, incorporate complete information into each PDF file, name PDF file with submittal number, and transmit submittal package to Architect via email.
1. Paper Submittals: Where paper submittals are requested, necessary, or required in lieu of electronic submittals, prepare submittals in paper form and deliver to Architect. Transmit each paper submittal using transmittal form. Comply with the following:
SUBMITTAL PROCEDURES 58
a. Place a permanent label or title block on each submittal item for identification; include name of firm or entity that prepared submittal. b. Provide a space approximately 6 by 8 inches on label or beside title block to record Contractor's review and approval markings and action taken by Architect.
c. Number of Copies: Submit not less than three paper copies of each submittal unless otherwise indicated. Architect will return two copies. d. Transmittal for Submittals: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using transmittal form.
C. Submittal Cover Page Information: Include the following information on the submittal cover page for each submittal:
1. Project name.
2. Date.
3. Name of Architect.
4. Name of Contractor.
5. Name of firm or entity that prepared submittal.
6. Names of subcontractor, manufacturer, and supplier.
7. Unique submittal number, including revision identifier. Include Specification Section number with sequential alphanumeric ide ntifier and alphanumeric suffix for resubmittals.
8. Number and title of Specification Section, with paragraph number and generic name for each of multiple items.
9. Drawing number and detail references, as appropriate.
10. Indication of full or partial submittal.
11. Location(s) where product is to be installed, as appropriate.
12. Other necessary identification.
13. Remarks.
14. Signature of transmitter.
15. Contractor’s review/approval stamp of size required by contractor, approximately 3 inches by 3 inches, on or beside title block to record Contractor's review and approval.
16. Space for Architect’s review stamp of not less than 4 inches wide by 3-1/2 inches high on or beside title block to record Architect’s review stamp and action taken by Architect.
D. Product Options:
1. Clearly identify options requiring selection by Architect.
2. Clearly identify product options required to comply with the Contract Documents.
E. Deviations and Additional Information: On each submittal, clearly indicate deviations from requirements i n the Contract Documents, including minor variations and limitations; include relevant additional information and revisions, other than those requested by Architect on previous submittals. Indicate by highlighting on each submittal or noting on attached separate sheet.
F. Field Conditions: Indicate field conditions where applicable to the work associated with the submittal.
SUBMITTAL PROCEDURES 59
G. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.
1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.
2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule.
3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals.
4. Coordinate timing of submitting submittals for related parts of the Work specified in different Sections so processing will not be delayed because of need to review related submittals concurrently for coordination.
a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.
H. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals.
1. Initial Review: Allow 14 calendar days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination.
2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal.
3. Resubmittal Review: Allow 14 calendar days for review of each resubmittal.
4. Sequential Review: Where sequential review of submittals by Architect's consultants, Owner, or other parties is indicated, allow 21 calendar days for initial review of each submittal.
5. Concurrent Consultant Review: Where the Contract Documents indicate that submittals may be transmitted simultaneously to Architect and to Architect's consultants, allow 14 calendar days for review of each submittal. Submittal will be returned to Architect before being returned to Contractor.
a. Submit one copy of submittal to concurrent reviewer in addition to specified number of copies to Architect.
I. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.
1. Note date and content of previous submittal.
2. Note date and content of revision in label or title block and clearly indicate extent of revision.
3. Resubmit submittals until they are marked with approval notation from Architect's action stamp.
SUBMITTAL PROCEDURES 60
J. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms.
K. Use for Construction: Retain complete copies of submittals on Project site. Use only final submittals that are marked with acceptable notation from Architect's action stamp.
1.4 SUBMITTAL REQUIREMENTS
A. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment.
1. If information must be specially prepared for submittal because standard published data are unsuitable for use, submit as Shop Drawings, not as Product Data.
2. Mark each copy of each submittal to show which products and options are applicable.
3. Include the following information, as applicable:
a. Manufacturer's catalog cuts.
b. Manufacturer's product specifications.
c. Standard color charts.
d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency.
f. Application of testing agency labels and seals.
g. Notation of coordination requirements.
h. Availability and delivery time information.
4. For equipment, include the following in addition to the above, as applicable:
a. Wiring diagrams that show factory-installed wiring.
b. Printed performance curves.
c. Operational range diagrams.
d. Clearances required to other construction, if not indicated on accompanying Shop Drawings.
5. Submit Product Data before Shop Drawings, and before or concurrently with Samples.
B. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data.
1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable:
a. Identification of products.
b. Schedules.
c. Compliance with specified standards.
d. Notation of coordination requirements.
SUBMITTAL PROCEDURES 61
e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified.
2. Drawing Sheet Size: Except for templates, patterns, and similar full-size Drawings, prepare Shop Drawings on sheets at least 8-1/2 by 11 inches, but no larger than 30 by 42 inches.
3. Submit Shop Drawings in PDF format unless otherwise indicated.
C. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other materials.
1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package.
2. Identification: Permanently attach label on unexposed side of Samples that includes the following:
a. Project name and submittal number.
b. Generic description of Sample.
c. Product name and name of manufacturer.
d. Sample source.
e. Number and title of applicable Specification Section. f. Specification paragraph number and generic name of each item.
3. Submit samples in PDF format unless physical samples are required.
4. Disposition: Maintain sets of approved Samples at Project site, available for quality- control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set.
a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use.
b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor.
D. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified.
E. Design Data: Prepare and submit written and graphic information indicating compliance with indicated performance and design criteria in individual Specification Sections. Include list of assumptions and summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Number each page of submittal.
SUBMITTAL PROCEDURES 62
F. Certificates:
1. Certificates and Certifications Submittals: Submit a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. Provide a notarized signature where indicated.
2. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project.
3. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents.
Include evidence of manufacturing experience where required.
4. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents.
5. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents.
6. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure S pecification and Procedure Qualification Record on AWS forms. Include names of firms and personnel certified.
G. Test and Research Reports:
1. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion.
2. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents.
3. Material Test Reports: Submit reports written by a qualifie d testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents.
4. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on tes ting agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents.
5. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents.
Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency.
6. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information:
SUBMITTAL PROCEDURES 63
a. Name of evaluation organization.
b. Date of evaluation.
c. Time period when report is in effect.
d. Product and manufacturers' names.
e. Description of product.
f. Test procedures and results.
g. Limitations of use.
1.5 DELEGATED-DESIGN SERVICES
A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated.
1. If criteria indicated are insufficient to perform services or certification required, submit a written request for additional information to Architect.
B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit digitally signed PDF file(s) of certificate, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional.
1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services.
1.6 CONTRACTOR'S REVIEW
A. Contractor’s Review of Submittals: Contractor shall review each submittal and check for completeness, coordination with other Work of the Contract, and compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect.
B. Contractor's Approval: Indicate Contractor's approval for each submittal with a uniform approval stamp. Include name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents.
1. Architect will not review submittals received from Contractor that do not have Contractor's review and approval.
2. Contractor’s approval shall certify the following actions by the Contractor:
a. Field measurements have been determined, verified, and indicated on submittal.
b. Field conditions have been verified and coordinated with Work associated with the submittal.
SUBMITTAL PROCEDURES 64
c. The Work associated with the submittal is in conformance with the Contract Documents.
d. Work being performed by various subcontractors and trades is coordinated with Work associated with the submittal including work being performed by others for the Owner.
e. Deviations from the Contract Documents are identified and notes.
1.7 ARCHITECT'S REVIEW
A. Architect’s Review and Action: Architect will review each submittal, indicate corrections or revisions required, mark with an action stamp indicating one of the following actions, and return it.
1. Reviewed: Final unrestricted release, work may proceed, provided it complies with the Contract Documents.
2. Furnish as Corrected: Final but restricted release, work may proceed, provided written confirmation is delivered to Architect by Contractor that installed work complied with notations and corrections on submittal and with Contract Documents.
3. Revise and Resubmit: Returned for resubmittal, do not proceed with work. Revise submittal in accordance with notations thereon, and resubmit without delay to obtain an acceptable action marking. Do not allow submittals with this mar king (or unmarked submittals where a marking is required) to be used in connection with performance of the Work.
4. Rejected: Submittal content varies from the Contract Documents and is not acceptable for use on the Project, do not proceed with work. Revise submittal in accordance with notations thereon, and resubmit without delay to obtain an acceptable action marking. Do not allow submittals with this marking (or unmarked submittals where a marking is required) to be used in connection with performance of the Work.
B. Non-conforming Submittals: The following are considered non-confirming submittals and will not be reviewed by the Architect.
1. Architect will not review submittals received from Contractor that do not have Contractor's review and approval.
2. Architect will not review submittals received from sources other than the Contractor.
3. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review.
4. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without review.
C. Submittals not required by the Contract Documents may not be reviewed and may be discarded.
SUBMITTAL PROCEDURES 65
1.8 COST FOR MULTIPLE RESUBMITTALS
A. Contractor’s initial submittal and one resubmittal are included in the Architect’s Construction Administration services to the Owner. Architect’s services for review of subsequent resubmittals will be charged to the Owner at the Architect’s current billing rate, and the Owner will deduct the charges from the Contract Amount by a change order.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
QUALITY AND TESTING REQUIREMENTS 66
SECTION 014000
QUALITY AND TESTING REQUIREMENTS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative and procedural requirements for qualit y assurance and quality control including but not limited to the following:
1. General quality requirements.
2. Reports and documents.
3. Contractor’s responsibilities in regard to testing and inspections.
4. Testing Agency.
5. Governing agency testing and inspection requirements.
B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements.
1. Specific quality -assurance and control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products.
2. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and control procedures that facilitate compliance with the Contract Document requirements.
3. Requirements for Contractor to provide quality -assurance and control services required by Architect, Owner, or Authorities having Jurisdiction (AHJ) are not limited by provisions of this Section.
C. Related Requirements:
1. Divisions 02 through 33 Sections for specific test and inspection requirements.
D. Testing and Inspection Requirements for Construction: The following requirements may be repeated elsewhere in this Section or in other Sections of the Project Manual, where conflicts occur, the most stringent condition shall apply.
1. Tests:
a. The owner will select an independent testing laboratory to conduct the tests.
Selection of the material required to be tests shall be by the laboratory or the Owner’s representative and not by the Contractor.
QUALITY AND TESTING REQUIREMENTS 67
b. The Contractor shall notify the Owner’s representative a sufficient time in advance of the manufacture of material to be supplied by him under the Contract Documents, which must by terms of the Contract be tested, in order that the Owner may arrange for the testing of same at the source of supply. c. Any material shipped by the Contractor from the source of supply prior to having satisfactorily passed such testing and inspection or prior to the receipt of notice from said representative that such testing and inspection will not be required shall not be incorporated in the job.
d. The Owner will pay testing laboratory costs for all tests and inspections, but may be reimbursed by the Contractor for such costs under the Contract documents.
2. Tests Reports: One copy of all test reports shall be forwarded to the Division of the State Architect by the testing agency. Such reports shall include all the tests made, regardless of whether such tests indicate that the material is satisfactory or unsatisfactory. Samples taken but not tested shall also be reported. Records of special sampling operations as required shall also be reported. The reports shall show that the material or materials were sampled and tested in accordance with the requirements of Title 24 and with the approved specifications. Test reports shall show the specified design strength. They shall also state defiantly whether or not the material or materials tested comply with requirements.
3. Inspection by the Owner:
a. The Owner and his representatives shall at all times have access for the purpose of inspection to all parts of the work and to the shops wherein the work is in preparation, and the Contractor shall at all times maintain proper facilities and provide safe access for such inspection. b. The Owner shall have the right to reject materials and workmanship which are defective, or to require their correction. Rejected workmanship shall be satisfactorily corrected and rejected materials shall be removed from the premises without charge to the Owner. If the Contractor does no correct such rejected work within a reasonable time, fixed by written notice, the Owner may correct same and charge expense to the Contractor.
c. Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work to make an examination of the work already completed by removing or tearing out the same, the Contractor shall on request promptly furnish all necessary facilities, labor and materials. If such work is found to be defective in any respect due to the fault of the Contractor or his subcontractor, he shall defray all expenses of such examinations and of satisfactory reconstruction. If however, such work is found to meet the requirements of the Contract, the additional cost of labor and material necessarily involved in the examination and replacement shall be allowed the Contractor.
QUALITY AND TESTING REQUIREMENTS 68
4. Inspector – Owner’s:
a. The work of construction in all stages of progress shall be subject to the personal continuous observation of the Inspector. He shall have free access to any or all parts of the work at any time. The Contractor shall furnish the Inspector reasonable facilities for obtaining such information as may be necessary to keep him fully informed respecting the progress and manner of the work and the character of materials. Inspection of the work shall not relieve the Contractor from any obligation to fulfill this contract.
1.3 DEFINITIONS
A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements.
B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect.
C. Preconstruction Testing: Tests and inspections performed specifically for Project before products and materials are incorporated into the Work, to verify performance or compliance with specified criteria.
D. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements.
E. Source Quality-Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop.
F. Field Quality -Control Testing: Tests and inspections that are performed on -site for installation of the Work and for completed Work.
G. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency.
H. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub -subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations.
1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s).
QUALITY AND TESTING REQUIREMENTS 69
I. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of 5 previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction.
1.4 CONFLICTING REQUIREMENTS
A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Architect for a decision before proceeding.
B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with th ese requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding.
1.5 REPORTS AND DOCUMENTS
A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Reports shall be prepared by the person performing the testing and inspecting.
Include the following:
1. Date of issue.
2. Project title and number.
3. Name, address, and telephone number of testing agency.
4. Dates and locations of samples and tests or inspections.
5. Names of individuals making tests and inspections.
6. Description of the Work and test and inspection method.
7. Identification of product and Specification Section.
8. Complete test or inspection data.
9. Test and inspection results and an interpretation of test results.
10. Record of temperature and weather conditions at time of sample taking and testing and inspecting.
11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements.
12. Name and signature of laboratory inspector.
13. Recommendations on retesting and reinspecting.
B. Manufacturer's Technical Representative's Field Reports: Provide written report documenting tests and inspections specified in other Sections. Reports shall be prepared by Manufacturer's technical representative performing the testing and inspecting. Include the following:
1. Name, address, and telephone number of technical representative making report.
QUALITY AND TESTING REQUIREMENTS 70
2. Statement on condition of substrates and their acceptability for installation of product.
3. Statement that products at Project site comply with requirements.
4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken.
5. Results of operational and other tests and a statement of whether observed performance complies with requirements.
6. Statement whether conditions, products, and installation will affect warranty.
7. Other required items indicated in individual Specification Sections.
C. Factory-Authorized Service Representative's Reports: Provide written report documenting tests and inspections specified in other Sections. Reports shall be prepared by Factory- authorized service representative performing the testing and inspecting. Include the following:
1. Name, address, and telephone number of factory-authorized service representative making report.
2. Statement that equipment complies with requirements.
3. Results of operational and other tests and a statement of whether observed performance complies with requirements.
4. Statement whether conditions, products, and installation will affect warranty.
5. Other required items indicated in individual Specification Sections.
D. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work.
1.6 QUALITY ASSURANCE
A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements.
B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in -service performance, as well as sufficient production capacity to produce required units.
C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.
D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in -service performance.
QUALITY AND TESTING REQUIREMENTS 71
E. Professional Engineer Qualifications: A professional engineer who is legally licensed to practice in the state where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project.
F. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities.
1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7.
2. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program.
G. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by man ufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.
H. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.
I. Preconstruction Testing: Where testing agency is indicated to perfo rm preconstruction testing for compliance with specified requirements for performance and test methods, comply with the following:
1. Contractor responsibilities include the following:
a. Provide test specimens representative of proposed products and construction. b. Submit specimens in a timely manner with sufficient time for testing and analyzing results to prevent delaying the Work.
c. Provide sizes and configurations of test assemblies, mockups, and laboratory mockups to adequately demonstrate capability of products to comply with performance requirements.
d. Build site-assembled test assemblies and mockups using installers who will perform same tasks for Project.
e. Build laboratory mockups at testing facility using personnel, products, and methods of construction indicated for the completed Work. f. When testing is complete, remove test specimens, assemblies, and mockups; do not reuse products on Project.
QUALITY AND TESTING REQUIREMENTS 72
2. Testing Agency Responsibilities: Submit a written report of each test, inspection, and similar quality-assurance service to Architect, with copy to Contractor. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents.
1.7 INSPECTOR
A. General: Owner will employ an Inspector for continuous inspection of the Work.
1.8 TESTING AGENCY
A. General: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to conduct tests and inspections required by authorities having jurisdiction.
1. Costs for testing agency services will be paid by the Owner.
2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be paid by the Owner and the amount will be deducted from the Contract Sum by Change Order.
B. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections.
1. Perform testing as required by the Contract Documents.
2. Determine the location from which test samples will be taken and in which in-situ tests are conducted.
3. Taking all test specimens.
4. Prepare written reports of tests and inspections, and submit reports of each test, inspection, and similar quality -control service to Architect, Division of the State Architect, and Contractor.
5. Interpreting tests and inspections and stating in each report whether tested and inspected work complies with or deviates from the Contract Documents.
6. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services.
7. Verifying that manufacturer maintains detailed fabrication and quality -control procedures and reviews the completeness and adequacy of those procedures to perform the Work.
8. Retesting and reinspecting corrected work.
9. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work.
10. Do not perform any duties of Contractor.
QUALITY AND TESTING REQUIREMENTS 73
1.9 CONTRACTOR REQUIREMENTS
A. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not.
1. Unless otherwise indicated, provide quality -control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not.
2. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services.
a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner.
3. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed.
4. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service.
5. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility.
6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct.
7. Cooperate with agencies performing required tests, inspections, and similar quality- control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to p ermit assignment of personnel.
Provide the following:
a. Access to the Work.
b. Incidental labor and facilities necessary to facilitate tests and inspections. c. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. d. Facilities for storage and field curing of test samples. e. Preliminary design mix proposed for use for material mixes that require control by testing agency.
f. Security and protection for samples and for testing and inspecting equipment at Project site.
8. Coordinate sequence of activities to accommodate required quality-assurance and control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting.
a. Schedule times for tests, inspections, obtaining samples, and similar activities.
B. Manufacturer's Field Services: Where indicated, engage a factory -authorized service representative to inspect field -assembled components and equipment installation, including service connections. Report results in writing as specified in Division 01 Section "Submittal Procedures."
QUALITY AND TESTING REQUIREMENTS 74
C. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes.
1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Division 01 Section "Execution."
B. Protect construction exposed by or for quality-control service activities.
C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services.
END OF SECTION
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SECTION 014200
REFERENCES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 DEFINITIONS
A. General: Basic Contract definitions are included in the Conditions of the Contract.
B. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in t he Conditions of the Contract. Architect’s approval does not release the Contractor from the responsibility to fulfill Contract requirements.
C. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed."
D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated."
E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work.
F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations.
G. "Install": Unload, temporarily store, unpack, assemble, erect, place, anchor, apply, work to dimension, finish, cure, protect, clean, and similar operations at Project site.
H. "Provide": Furnish and install, complete and ready for the intended use.
I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built.
1.3 INDUSTRY STANDARDS
A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and
REFERENCES 76
effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference.
B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated.
C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of app licable standards are not bound with the Contract Documents.
1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source.
1.4 ABBREVIATIONS AND ACRONYMS
A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. This information is subject to change and is believed to be accurate as of the date of the Contract Documents.
1. AABC - Associated Air Balance Council; www.aabc.com.
2. AAMA - American Architectural Manufacturers Association; www.aamanet.org.
3. AAPFCO - Association of American Plant Food Control Officials; www.aapfco.org.
4. AASHTO - American Association of State Highway and Transportation Officials; www.transportation.org.
5. AATCC - American Association of Textile Chemists and Colorists; www.aatcc.org.
6. ABMA - American Bearing Manufacturers Association;
www.americanbearings.org.
7. ABMA - American Boiler Manufacturers Association; www.abma.com.
8. ACI - American Concrete Institute; (Formerly: ACI International); www.abma.com.
9. ACPA - American Concrete Pipe Association; www.concrete-pipe.org.
10. AEIC - Association of Edison Illuminating Companies, Inc. (The); www.aeic.org.
11. AF&PA - American Forest & Paper Association; www.afandpa.org.
12. AGA - American Gas Association; www.aga.org.
13. AHAM - Association of Home Appliance Manufacturers; www.aham.org.
14. AHRI - Air-Conditioning, Heating, and Refrigeration Institute (The); www.ahrinet.org.
15. AI - Asphalt Institute; www.asphaltinstitute.org.
16. AIA - American Institute of Architects (The); www.aia.org.
17. AISC - American Institute of Steel Construction; www.aisc.org.
18. AISI - American Iron and Steel Institute; www.steel.org.
19. AITC - American Institute of Timber Construction; www.aitc-glulam.org.
20. AMCA - Air Movement and Control Association International, Inc.; www.amca.org.
21. ANSI - American National Standards Institute; www.ansi.org.
22. AOSA - Association of Official Seed Analysts, Inc.; www.aosaseed.com.
23. APA - APA - The Engineered Wood Association; www.apawood.org.
REFERENCES 77
24. APA - Architectural Precast Association; www.archprecast.org.
25. API - American Petroleum Institute; www.api.org.
26. ARI - Air-Conditioning & Refrigeration Institute; (See AHRI).
27. ARI - American Refrigeration Institute; (See AHRI).
28. ARMA - Asphalt Roofing Manufacturers Association; www.asphaltroofing.org.
29. ASCE - American Society of Civil Engineers; www.asce.org.
30. ASCE/SEI - American Society of Civil Engineers/Structural Engineering Institute; (See ASCE).
31. ASHRAE - American Society of Heating, Refrigerating and Air-Conditioning Engineers; www.ashrae.org.
32. ASME - ASME International; (American Society of Mechanical Engineers); www.asme.org.
33. ASSE - American Society of Safety Engineers (The); www.asse.org.
34. ASSE - American Society of Sanitary Engineering; www.asse-plumbing.org.
35. ASTM - ASTM International; www.astm.org.
36. ATIS - Alliance for Telecommunications Industry Solutions; www.atis.org.
37. AWEA - American Wind Energy Association; www.awea.org.
38. AWI - Architectural Woodwork Institute; www.awinet.org.
39. AWMAC - Architectural Woodwork Manufacturers Association of Canada; www.awmac.com.
40. AWPA - American Wood Protection Association; www.awpa.com.
41. AWS - American Welding Society; www.aws.org.
42. AWWA - American Water Works Association; www.awwa.org.
43. BHMA - Builders Hardware Manufacturers Association; www.buildershardware.com.
44. BIA - Brick Industry Association (The); www.gobrick.com.
45. BICSI - BICSI, Inc.; www.bicsi.org.
46. BIFMA - BIFMA International; (Business and Institutional Furniture Manufacturer's Association); www.bifma.org.
47. BISSC - Baking Industry Sanitation Standards Committee; www.bissc.org.
48. BWF - Badminton World Federation; (Formerly: International Badminton Federation); www.bissc.org.
49. CDA - Copper Development Association; www.copper.org.
50. CEA - Canadian Electricity Association; www.electricity.ca.
51. CEA - Consumer Electronics Association; www.ce.org.
52. CFFA - Chemical Fabrics and Film Association, Inc.; www.chemicalfabricsandfilm.com.
53. CFSEI - Cold-Formed Steel Engineers Institute; www.cfsei.org.
54. CGA - Compressed Gas Association; www.cganet.com.
55. CIMA - Cellulose Insulation Manufacturers Association; www.cellulose.org.
56. CISCA - Ceilings & Interior Systems Construction Association; www.cisca.org.
57. CISPI - Cast Iron Soil Pipe Institute; www.cispi.org.
58. CLFMI - Chain Link Fence Manufacturers Institute; www.chainlinkinfo.org.
59. CPA - Composite Panel Association; www.pbmdf.com.
60. CRI - Carpet and Rug Institute (The); www.carpet-rug.org.
61. CRRC - Cool Roof Rating Council; www.coolroofs.org.
62. CRSI - Concrete Reinforcing Steel Institute; www.crsi.org.
63. CSA - Canadian Standards Association; www.csa.ca.
64. CSA - CSA International; (Formerly: IAS - International Approval Services); www.csa-international.org.
65. CSI - Construction Specifications Institute (The); www.csinet.org.
REFERENCES 78
66. CSSB - Cedar Shake & Shingle Bureau; www.cedarbureau.org.
67. CTI - Cooling Technology Institute; (Formerly: Cooling Tower Institute); www.cti.org.
68. CWC - Composite Wood Council; (See CPA).
69. DASMA - Door and Access Systems Manufacturers Association; www.dasma.com.
70. DHI - Door and Hardware Institute; www.dhi.org.
71. ECA - Electronic Components Association; (See ECIA).
72. ECAMA - Electronic Components Assemblies & Materials Association; (See ECIA).
73. ECIA - Electronic Components Industry Association; www.eciaonline.org.
74. EIA - Electronic Industries Alliance; (See TIA).
75. EIMA - EIFS Industry Members Association; www.eima.com.
76. EJMA - Expansion Joint Manufacturers Association, Inc.; www.ejma.org.
77. ESD - ESD Association; (Electrostatic Discharge Association); www.esda.org.
78. ESTA - Entertainment Services and Technology Association; (See PLASA).
79. EVO - Efficiency Valuation Organization; www.evo-world.org.
80. FCI - Fluid Controls Institute; www.fluidcontrolsinstitute.org.
81. FIBA - Federation Internationale de Basketball; (The International Basketball Federation); www.fiba.com.
82. FIVB - Federation Internationale de Volleyball; (The International Volleyball Federation); www.fivb.org.
83. FM Approvals - FM Approvals LLC; www.fmglobal.com.
84. FM Global - FM Global; (Formerly: FMG - FM Global); www.fmglobal.com.
85. FRSA - Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc.; www.floridaroof.com.
86. FSA - Fluid Sealing Association; www.fluidsealing.com.
87. FSC - Forest Stewardship Council U.S.; www.fscus.org.
88. GA - Gypsum Association; www.gypsum.org.
89. GANA - Glass Association of North America; www.glasswebsite.com.
90. GS - Green Seal; www.greenseal.org.
91. HI - Hydraulic Institute; www.pumps.org.
92. HI/GAMA - Hydronics Institute/Gas Appliance Manufacturers Association; (See AHRI).
93. HMMA - Hollow Metal Manufacturers Association; (See NAAMM).
94. HPVA - Hardwood Plywood & Veneer Association; www.hpva.org.
95. HPW - H. P. White Laboratory, Inc.; www.hpwhite.com.
96. IAPSC - International Association of Professional Security Consultants; www.iapsc.org.
97. IAS - International Accreditation Service; www.iasonline.org.
98. IAS - International Approval Services; (See CSA).
99. ICBO - International Conference of Building Officials; (See ICC). 100. ICC - International Code Council; www.iccsafe.org. 101. ICEA - Insulated Cable Engineers Association, Inc.; www.icea.net. 102. ICPA - International Cast Polymer Alliance; www.icpa-hq.org. 103. ICRI - International Concrete Repair Institute, Inc.; www.icri.org. 104. IEC - International Electrotechnical Commission; www.iec.ch. 105. IEEE - Institute of Electrical and Electronics Engineers, Inc. (The); www.ieee.org. 106. IES - Illuminating Engineering Society; (Formerly: Illuminating Engineering Society of North America); www.ies.org.
107. IESNA - Illuminating Engineering Society of North America; (See IES).
REFERENCES 79
108. IEST - Institute of Environmental Sciences and Technology; www.iest.org. 109. IGMA - Insulating Glass Manufacturers Alliance; www.igmaonline.org. 110. IGSHPA - International Ground Source Heat Pump Association; www.igshpa.okstate.edu.
111. ILI - Indiana Limestone Institute of America, Inc.; www.iliai.com. 112. Intertek - Intertek Group; (Formerly: ETL SEMCO; Intertek Testing Service NA); www.intertek.com.
113. ISA - International Society of Automation (The); (Formerly: Instrumentation, Systems, and Automation Society); www.isa.org.
114. ISAS - Instrumentation, Systems, and Automation Society (The); (See ISA). 115. ISFA - International Surface Fabricators Association; (Formerly: International Solid Surface Fabricators Association); www.isfanow.org. 116. ISO - International Organization for Standardization; www.iso.org. 117. ISSFA - International Solid Surface Fabricators Association; (See ISFA). 118. ITU - International Telecommunication Union; www.itu.int/home. 119. KCMA - Kitchen Cabinet Manufacturers Association; www.kcma.org. 120. LMA - Laminating Materials Association; (See CPA). 121. LPI - Lightning Protection Institute; www.lightning.org. 122. MBMA - Metal Building Manufacturers Association; www.mbma.com. 123. MCA - Metal Construction Association; www.metalconstruction.org. 124. MFMA - Maple Flooring Manufacturers Association, Inc.; www.maplefloor.org. 125. MFMA - Metal Framing Manufacturers Association, Inc.; www.metalframingmfg.org.
126. MHIA - Material Handling Industry of America; www.mhia.org. 127. MIA - Marble Institute of America; www.marble-institute.com. 128. MMPA - Moulding & Millwork Producers Association; www.wmmpa.com. 129. MPI - Master Painters Institute; www.paintinfo.com. 130. MSS - Manufacturers Standardization Society of The Valve and Fittings Industry Inc.; www.mss-hq.org.
131. NAAMM - National Association of Architectural Metal Manufacturers; www.naamm.org.
132. NACE - NACE International; (National Association of Corrosion Engineers International); www.nace.org.
133. NADCA - National Air Duct Cleaners Association; www.nadca.com. 134. NAIMA - North American Insulation Manufacturers Association; www.naima.org. 135. NBGQA - National Building Granite Quarries Association, Inc.; www.nbgqa.com. 136. NBI - New Buildings Institute; www.newbuildings.org. 137. NCAA - National Collegiate Athletic Association (The); www.ncaa.org. 138. NCMA - National Concrete Masonry Association; www.ncma.org. 139. NEBB - National Environmental Balancing Bureau; www.nebb.org. 140. NECA - National Electrical Contractors Association; www.necanet.org. 141. NeLMA - Northeastern Lumber Manufacturers Association; www.nelma.org. 142. NEMA - National Electrical Manufacturers Association; www.nema.org. 143. NETA - InterNational Electrical Testing Association; www.netaworld.org. 144. NFHS - National Federation of State High School Associations; www.nfhs.org. 145. NFPA - National Fire Protection Association; www.nfpa.org. 146. NFPA - NFPA International; (See NFPA).
147. NFRC - National Fenestration Rating Council; www.nfrc.org. 148. NHLA - National Hardwood Lumber Association; www.nhla.com. 149. NLGA - National Lumber Grades Authority; www.nlga.org. 150. NOFMA - National Oak Flooring Manufacturers Association; (See NWFA).
REFERENCES 80
151. NOMMA - National Ornamental & Miscellaneous Metals Association; www.nomma.org.
152. NRCA - National Roofing Contractors Association; www.nrca.net. 153. NRMCA - National Ready Mixed Concrete Association; www.nrmca.org. 154. NSF - NSF International; www.nsf.org.
155. NSPE - National Society of Professional Engineers; www.nspe.org. 156. NSSGA - National Stone, Sand & Gravel Association; www.nssga.org. 157. NTMA - National Terrazzo & Mosaic Association, Inc. (The); www.ntma.com. 158. NWFA - National Wood Flooring Association; www.nwfa.org. 159. PCI - Precast/Prestressed Concrete Institute; www.pci.org. 160. PDI - Plumbing & Drainage Institute; www.pdionline.org. 161. PLASA - PLASA; (Formerly: ESTA - Entertainment Services and Technology Association); www.plasa.org.
162. RCSC - Research Council on Structural Connections; www.boltcouncil.org. 163. RFCI - Resilient Floor Covering Institute; www.rfci.com. 164. RIS - Redwood Inspection Service; www.redwoodinspection.com. 165. SAE - SAE International; www.sae.org.
166. SCTE - Society of Cable Telecommunications Engineers; www.scte.org. 167. SDI - Steel Deck Institute; www.sdi.org.
168. SDI - Steel Door Institute; www.steeldoor.org.
169. SEFA - Scientific Equipment and Furniture Association (The); www.sefalabs.com.
170. SEI/ASCE - Structural Engineering Institute/American Society of Civil Engineers; (See ASCE).
171. SIA - Security Industry Association; www.siaonline.org. 172. SJI - Steel Joist Institute; www.steeljoist.org.
173. SMA - Screen Manufacturers Association; www.smainfo.org. 174. SMACNA - Sheet Metal and Air Conditioning Contractors' National Association; www.smacna.org.
175. SMPTE - Society of Motion Picture and Television Engineers; www.smpte.org. 176. SPFA - Spray Polyurethane Foam Alliance; www.sprayfoam.org. 177. SPIB - Southern Pine Inspection Bureau; www.spib.org. 178. SPRI - Single Ply Roofing Industry; www.spri.org.
179. SRCC - Solar Rating & Certification Corporation; www.solar-rating.org. 180. SSINA - Specialty Steel Industry of North America; www.ssina.com. 181. SSPC - SSPC: The Society for Protective Coatings; www.sspc.org. 182. STI - Steel Tank Institute; www.steeltank.com.
183. SWI - Steel Window Institute; www.steelwindows.com. 184. SWPA - Submersible Wastewater Pump Association; www.swpa.org. 185. TCA - Tilt-Up Concrete Association; www.tilt-up.org. 186. TCNA - Tile Council of North America, Inc.; www.tileusa.com. 187. TEMA - Tubular Exchanger Manufacturers Association, Inc.; www.tema.org. 188. TIA - Telecommunications Industry Association (The); (Formerly: TIA/EIA - Telecommunications Industry Association/Electronic Industries Alliance); www.tiaonline.org.
189. TIA/EIA - Telecommunications Industry Association/Electronic Industries Alliance; (See TIA).
190. TMS - The Masonry Society; www.masonrysociety.org. 191. TPI - Truss Plate Institute; www.tpinst.org.
192. TPI - Turfgrass Producers International; www.turfgrasssod.org. 193. TRI - Tile Roofing Institute; www.tileroofing.org.
REFERENCES 81
194. UL - Underwriters Laboratories Inc.; www.ul.com.
195. UNI - Uni-Bell PVC Pipe Association; www.uni-bell.org. 196. USAV - USA Volleyball; www.usavolleyball.org.
197. USGBC - U.S. Green Building Council; www.usgbc.org. 198. USITT - United States Institute for Theatre Technology, Inc.; www.usitt.org. 199. WASTEC - Waste Equipment Technology Association; www.wastec.org. 200. WCLIB - West Coast Lumber Inspection Bureau; www.wclib.org. 201. WCMA - Window Covering Manufacturers Association; www.wcmanet.org. 202. WDMA - Window & Door Manufacturers Association; www.wdma.com. 203. WI - Woodwork Institute; www.wicnet.org.
204. WSRCA - Western States Roofing Contractors Association; www.wsrca.com. 205. WWPA - Western Wood Products Association; www.wwpa.org.
B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. This information is believed to be accurate as of the date of the Contract Documents.
1. DIN - Deutsches Institut fur Normung e.V.; www.din.de.
2. IAPMO - International Association of Plumbing and Mechanical Officials; www.iapmo.org.
3. ICC - International Code Council; www.iccsafe.org.
4. ICC-ES - ICC Evaluation Service, LLC; www.icc-es.org.
C. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Information is subject to change and is up to date as of the date of the Contract Documents.
1. COE - Army Corps of Engineers; www.usace.army.mil.
2. CPSC - Consumer Product Safety Commission; www.cpsc.gov.
3. DOC - Department of Commerce; National Institute of Standards and Technology; www.nist.gov.
4. DOD - Department of Defense; www.quicksearch.dla.mil.
5. DOE - Department of Energy; www.energy.gov.
6. EPA - Environmental Protection Agency; www.epa.gov.
7. FAA - Federal Aviation Administration; www.faa.gov.
8. FG - Federal Government Publications; www.gpo.gov.
9. GSA - General Services Administration; www.gsa.gov.
10. HUD - Department of Housing and Urban Development; www.hud.gov.
11. LBL - Lawrence Berkeley National Laboratory; Environmental Energy Technologies Division; www.eetd.lbl.gov.
12. OSHA - Occupational Safety & Health Administration; www.osha.gov.
13. SD - Department of State; www.state.gov.
14. TRB - Transportation Research Board; National Cooperative Highway Research Program; The National Academies; www.trb.org.
15. USDA - Department of Agriculture; Agriculture Research Service; U.S. Salinity Laboratory; www.ars.usda.gov.
16. USDA - Department of Agriculture; Rural Utilities Service; www.usda.gov.
17. USDJ - Department of Justice; Office of Justice Programs; National Institute of Justice; www.ojp.usdoj.gov.
REFERENCES 82
18. USP - U.S. Pharmacopeial Convention; www.usp.org.
19. USPS - United States Postal Service; www.usps.com.
D. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. This information is subject to change and is believed to be accurate as of the date of the Contract Documents.
1. CFR - Code of Federal Regulations; Available from Government Printing Office; www.gpo.gov/fdsys.
2. DOD - Department of Defense; Military Specifications and Standards; Available from DLA Document Services; www.quicksearch.dla.mil.
3. DSCC - Defense Supply Center Columbus; (See FS).
4. FED-STD - Federal Standard; (See FS).
5. FS - Federal Specification; Available from DLA Document Services; www.quicksearch.dla.mil.
a. Available from Defense Standardization Program; www.dsp.dla.mil. b. Available from General Services Administration; www.gsa.gov. c. Available from National Institute of Building Sciences/Whole Building Design Guide; www.wbdg.org/ccb.
6. MILSPEC - Military Specification and Standards; (See DOD).
7. USAB - United States Access Board; www.access-board.gov.
8. USATBCB - U.S. Architectural & Transportation Barriers Compliance Board; (See USAB).
E. State Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. This information is subject to change and is believed to be accurate as of the date of the Contract Documents.
1. CBHF; State of California; Department of Consumer Affairs; Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation; www.bearhfti.ca.gov.
2. CCR; California Code of Regulations; Office of Administrative Law; California Title 24 Energy Code; www.calregs.com.
3. CDHS; California Department of Health Services; (See CDPH).
4. CDPH; California Department of Public Health; Indoor Air Quality Program; www.cal-iaq.org.
5. CPUC; California Public Utilities Commission; www.cpuc.ca.gov.
6. SCAQMD; South Coast Air Quality Management District; www.aqmd.gov.
7. TFS; Texas A&M Forest Service; Sustainable Forestry and Economic Development; www.txforestservice.tamu.edu.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
TEMPORARY FACILITIES AND CONTROLS 83
SECTION 015000
TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities.
B. Related Requirements:
1. Division 01 Section "Summary of Work" for work restrictions and limitations on utility interruptions.
2. Division 01 Section “Fire Safety During Construction” for fire safety requirements during construction.
3. Division 07 Sections as applicable to roofing for temporary roofing requirements.
1.3 USE CHARGES
A. General: Installation, removal, and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to Owner, Architect, testing agencies, and authorities having jurisdiction.
B. Water Service from Existing System: Water from Owner's existing water system is available for use; provide connections and extensions of services as required for construction operations.
1. Water service is available for use without metering and without payment of use charges.
C. Electric Power Service from Existing System: Electric power from Owner's existing system is available for use; provide connections and extensions of services as required for construction operations.
1. Electric power service is available for use without metering and without payment of use charges.
TEMPORARY FACILITIES AND CONTROLS 84
1.4 QUALITY ASSURANCE
A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70.
B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits.
1.5 REGULATORY REQUIREMENTS
A. Regulatory Requirements: Comply with industry standards and applicable law s and regulations of authorities having jurisdiction including, but not limited to, the following:
1. California Code of Regulations, Title 24, California Code requirements as applicable to the project.
2. Health and safety regulations.
3. Utility company regulations.
4. Police, fire department, and rescue squad rules.
5. Environmental protection regulations.
6. Comply with NFPA 241 "Standard for Safeguarding Construction, Alterations, and Demolition Operations," ANSI A10 Series standards for "Safety Requirements for Construction and Demolition," and NECA Electrical Design Library "Temporary Electrical Facilities."
1.6 PROJECT CONDITIONS
A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance , and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities.
B. Conditions of Use: Keep temporary services and facilities clean and neat in appearance.
Operate in a safe and efficient manner. Relocate temporary services and facilities as the Work progresses. Do not overload facilities or permit them to interfere with progress. Take necessary fire-prevention measures. Do not allow hazardous, dangerous, or unsanitary conditions, or public nuisances to develop or persist on-site.
1.15 PART 2 - PRODUCTS
2.1 MATERIALS
A. General: Materials for temporary facilities shall be acceptable to Architect, Owner, and Authorities having Jurisdiction (AHJ), shall be appropriate for intended use, and shall comply with governing codes and regulations.
B. Portable Chain-Link Fencing: Minimum 2-inch, 0.148-inch thick, galvanized-steel, chain- link fabric fencing; minimum 6 feet high with galvanized-steel pipe posts. Provide concrete or galvanized-steel bases for supporting posts.
TEMPORARY FACILITIES AND CONTROLS 85
C. Fencing Windscreen: Polyester fabric scrim with grommets for attachment to chain link fence, size and color as acceptable to, or required by, authorities having jurisdiction.
D. Polyethylene Sheet: Reinforced, fire-resistive sheet, 10 -mil minimum thickness, with flame-spread rating of 15 or less per ASTM E 84 and passing NFPA 701 Test Method
2. 2.2 TEMPORARY STORAGE FACILITIES
A. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate materials and equipment for construction operations.
1. Store combustible materials apart from buildings.
2.3 TEMPORARY SANITARY FACILITIES
A. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use by construction and related administrative personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. Temporary toilets shall be self-contained, single-occupant units of the chemical, aerated recirculation type; provide units properly vented and fully enclosed with a glass- fiber-reinforced polyester shell or similar nonabsorbent material. Use of Owner’s sanitary facilities is not permitted.
1. Accessible Sanitary Facilities: Sanitary facilities serving support facilities such as offices, meeting rooms, plan rooms, and serving personnel not directly associated with the actual processes of construction shall be accessible for a person using a wheelchair and shall comply with CBC Section 11B-213 (Ref. CBC 11B-201.4).
2.4 EQUIPMENT
A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures.
1. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and size required by location and class of fire exposure.
1.16 PART 3 - EXECUTION
3.1 TEMPORARY FACILITIES, GENERAL
A. Conservation: Coordinate construction and use of temporary facilities with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste.
TEMPORARY FACILITIES AND CONTROLS 86
3.2 INSTALLATION, GENERAL
A. Locate facilities at locations directed by the Owner where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work.
B. Provide each facility ready for use when needed to avoid d elay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities.
3.3 TEMPORARY UTILITIES AND BUILDING HVAC
A. General: Install temporary service or connect to existing service.
1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services.
B. Water Service: Install water service and distribution piping in sizes and pressures adequate for construction.
1. Existing Water Service: Where connection to Owner’s existing water service is available and allowed, clean and maintain water service facilities in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use.
C. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations.
1. Where temporary power service is required, install electric power service overhead unless otherwise indicated.
2. Where Owner’s existing power service is available, connect temporary service to Owner's existing power source, as directed by Owner, maintain equipment in a condition acceptable to Owner.
D. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions.
1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system.
3.4 SUPPORT FACILITIES INSTALLATION
A. General: Locate storage containers, and other temporary construction and support facilities for easy access in the areas designated and approved by the Architect and Owner. Comply with the following:
1. Do not locate temporary sheds within 30 feet of building lines.
2. Maintain support facilities until Architect schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after
TEMPORARY FACILITIES AND CONTROLS 87
Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner.
B. Traffic Controls: Comply with requirements of authorities having jurisdiction.
1. Protect existing site improvements to remain including curbs, pavement, and utilities.
2. Maintain access for fire-fighting equipment and access to fire hydrants.
C. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted.
1. Project Address Sign: Provide temporary project address sign as required by Authority having Jurisdiction.
2. Temporary Signs: Provide other signs as indicated and as required to inform public and individuals seeking entrance to Project.
a. Provide temporary, directional signs for construction personnel and visitors.
3. Maintain and touchup signs so they are legible at all times.
D. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations.
1. Comply with requirements of the following:
a. Authorities having jurisdiction.
b. Division 01 Section "Execution" for progress cleaning. c. Division 01 Section "Construction Waste and Disposal."
2. Collect waste from construction areas and elsewhere daily. Comply with requirements of NFPA 241 for removal of combustible waste material and debris.
Enforce requirements strictly. Do not hold materials more than 7 days during normal weather or 3 days when the temperature is expected to rise above 80 deg F. Handle hazardous, dangerous, or unsanitary waste materials separately from other waste by containerizing properly. Dispose of material lawfully.
E. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel.
1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities.
3.5 SECURITY AND PROTECTION FACILITIES INSTALLATION
A. Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing facilities.
TEMPORARY FACILITIES AND CONTROLS 88
B. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental re gulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects.
1. Comply with work restrictions specified in Division 01 Section "Summary of Work."
C. Tree and Plant Protection: Install temporary fencing located as indicated or outside the drip line of trees to protect vegetation from damage from construction operations. Protect tree root systems from damage, flooding, and erosion.
D. Security Enclosure Fence and Lockup: Before construction operations begin, furnish and install project enclosure fence in a manner that will prevent people and animals from easily entering the site except by entrance gates. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. Lock entrances at end of each work day.
1. Extent of Fence: As required to enclose entire Project site or portion determined sufficient to accommodate construction operations.
E. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.
F. Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction.
G. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior.
1. Where heating or cooling is needed and permanent enclosure is incomplete, insulate temporary enclosures.
H. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241; manage fire-prevention program.
1. Prohibit smoking in construction areas. Comply with additional limits on smoking specified in other Sections.
2. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction.
3. Develop and supervise an overall fire -prevention and protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information.
TEMPORARY FACILITIES AND CONTROLS 89
3.6 MOISTURE AND MOLD CONTROL
A. General: Avoid trapping water in finished work. Document visible signs of mold that may appear during construction.
B. Exposed Construction Phase: Before installation of weather barriers, when materials are subject to wetting and exposure and to airborne mold spores, protect as follows:
1. Protect porous materials from water damage.
2. Protect stored and installed material from flowing or standing water.
3. Keep porous and organic materials from coming into prolonged contact with concrete.
4. Remove standing water from decks.
5. Keep deck openings covered or dammed.
C. Partially Enclosed Construction Phase: After installation of weather barriers but before full enclosure and conditioning of building, when installed materials are still subject to infiltration of moisture and ambient mold spores, protect as follows:
1. Keep interior spaces reasonably clean and protected from water damage.
2. Periodically collect and remove waste containing cellulose or other organic matter.
3. Discard or replace water-damaged material.
4. Do not install material that is wet.
5. Discard, replace, or clean stored or installed material that begins to grow mold.
3.7 OPERATION, TERMINATION, AND REMOVAL
A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses.
B. Maintenance: Maintain facilities in good operating condition until removal.
1. Maintain operation of temporary enclosures, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage.
C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion.
D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.
1. Materials and facilities that constitute temporary facilities are property of Contractor.
Owner reserves right to take possession of Project identification signs.
TEMPORARY FACILITIES AND CONTROLS 90
2. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Division 01 Section "Closeout Procedures."
END OF SECTION
FIRE SAFETY DURING CONSTRUCTION 91
SECTION 015116
FIRE SAFETY DURING CONSTRUCTION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes requirements for fire safety during construction and demolition.
B. Related Sections:
1. Division 01 Section "Temporary Facilities and Controls" for additional facilities, requirements, and procedures required during construction.
1.3 SUBMITTALS
A. Fire-Safety Program: Show compliance with requirements of NFPA 241 and authorities having jurisdiction. Indicate Contractor personnel responsible for management of fire - prevention program.
1.4 REGULATORY REQUIREMENTS
A. Regulatory Requirements: Comply with applicable provisions of the following:
1. NFPA 241.
2. California Fire Code, 2019 Edition, Chapter 33 “Fire Safety During Construction and Demolition” and the 2019 Editions of the following California Codes as Referenced by the California Fire Code:
a. California Building Code (CBC).
b. California Mechanical Code (CMC).
c. California Plumbing Code (CPC).
d. California Electrical Code (CEC).
B. Temporary Heating Equipment (CFC 3303):
1. General: Temporary heating devices shall be listed and labeled in accordance with the California Mechanical Code. Installation, maintenance and use of temporary heating devices shall be in accordance with the terms of the listing.
FIRE SAFETY DURING CONSTRUCTION 92
2. LP-Gas heaters: Heating devices shall be temporary, self -contained, liquid - propane-gas heaters with individual space thermostatic control. Fuel supplies for liquefied petroleum gas fired heaters shall comply with the California Fire Code, Chapter 61 Liquefied Petroleum Gases, and the California Mechanical Code.
3. Refueling: Refueling operations for liquid fueled equipment or appliances shall be conducted in accordance with the California Fire Code, Section 5705. The equipment or appliance shall be allowed to cool prior to refueling.
4. Installation: Clearance to combustibles from temporary heating devices shall be maintained in accordance with the labeled equipment. When in operation, temporary heating devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufacturer’s instructions.
5. Supervision: The use of temporary heating devices shall be supervised and maintained only by competent personnel.
6. Use of gaso line-burning space heaters, open -flame heaters, or salamander -type heating units is prohibited.
C. Precautions Against Fire (CFC 3304):
1. Smoking: Smoking shall not be allowed on the project site.
2. Combustible Debris, Rubbish and Waste:
a. Combustible debris, rubbish and waste shall not be accumulated within buildings.
b. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work.
c. Rubbish containers with a capacity exceeding 5.33 cubic feet (40 gallons) used for temporary storage of combustible debris, rubbish and waste materials, shall have tight fitting or self-closing lids. Such containers shall be constructed entirely of materials that are non -combustible or materials that meet a peak rate of heat rel ease not exceeding 300 kW/m 2 when tested in accordance with ASTM E 1354 at an incident heat flux of 50 kW/m 2 in the horizontal orientation.
d. Materials susceptible to spontaneous ignition, such as oily rags, shall be stored in a listed disposal container.
3. Burning: Burning of materials shall not be allowed on the project site.
4. Fire Watch: Where required by the fire code official, a fire watch shall be provided for building demolition and for building construction during working hours that is hazardous in nature, such as temporary heating or hot work.
a. Trained personnel shall be provided to serve as an on -site fire watch. Fire watch personnel shall be provided with not less than one approved means for notification of the fire department, and the sole duty of such personnel shall be to perform constant patrols and watch for the occurrence of fire. The combination of fire watch duties and site security is acceptable. Fire watch personnel shall be trained in the use of portable fire extinguishers. b. The fire watch p ersonnel shall keep a record of all time periods of duty, including a log entry each time the site was patrolled, and each time a structure under construction was entered and inspected. The records and log entries shall be made available for review by the fire code official upon request.
FIRE SAFETY DURING CONSTRUCTION 93
5. Cutting and Welding: Welding, cutting, open torches, and other hot work operations and equipment shall comply with California Fire Code, Chapter 35 “Welding and Other Hot Work.’
6. Temporary Wiring for Electrical Power: Temporary wiring for electrical power and lighting installations used in connection with the construction, alteration or demolition of buildings, structures, equipment or similar activities shall comply with the California Electrical Code.
D. Flammable and Combustible Liquids (CFC 3305):
1. Storage of Flammable and Combustible Liquids: Storage of flammable and combustible liquids shall be in accordance with the California Fire Code, Section 5704.
2. Class I and Class II Liquids: Storage, use, and handling o f flammable and combustible liquids at construction sites shall be in accordance with the California Fire Code, Section 5706.2. Ventilation shall be provided for operations involving the application of materials containing flammable solvents.
3. Housekeeping: Flammable and combustible liquid storage areas shall be maintained clear of combustible vegetation and waste materials. Such storage areas shall not be used for the storage of combustible materials.
4. Precautions Against Fire: Sources of ignition and smoking shall be prohibited in flammable and combustible liquid storage areas. Signs shall be posted in accordance the California Fire Code, Section 310.
5. Handling at Point of Final Use: Class I and Class II liquids shall be kept in approved safety containers.
6. Leakage and Spills: Leaking vessels shall be immediately repaired or taken out of service and spills shall be cleaned up and disposed of properly.
E. Flammable Gases (CFC 3306):
1. Storage and Handling: Storage and handling of flammable gasses shall comply with the California Fire Code, Chapter 58 “Flammable Gases and Flammable Cryogenic Fluids.”
2. Cleaning with Flammable Gases: Flammable gases shall not be used to clean or remove debris from piping open to the atmosphere.
F. Explosive Materials (CFC 3307): Explosive materials shall not be allowed.
G. Contractor’s Responsibility for Fire Protection (CFC 3308)
1. Program Development: The Contractor shall be responsible for the development, implementation and maintenance of a written plan establishing a fire prevention program at the project site applicable throughout all phases of the construction.
2. Program Superintendent: The Contractor shall appoint a person to be the Fire Prevention Program Superintendent who shall be responsible for the fire prevention program and ensure that it is carried out through completion of the project. The fire prevention program superintendent shall have the authority to enforce the provisions of the California Fire Code, Chapter 33, and other provisions as necessary to secure the intent of the California Fire Code, Chapter
33. Where guard service is provided in accordance with NFPA 241, the superintendent shall be responsible for the guard service.
FIRE SAFETY DURING CONSTRUCTION 94
3. Prefire Plans: The fire prevention program superintendent shall develop and maintain an approved prefire plan in cooperation with the fire chief. The fire chief and the fire code official shall be notified of changes affecting the utilization of information contained in such prefire plans.
4. Training: Training of responsible personnel in the use of fire protection equipment shall be the responsibility of the fire prevention program superintendent. Records of training shall be kept and made a part of the written plan for the fire prevention program.
5. Fire Protection Devices: The fire prevention program superintendent shall determine that all fire protection equipment is maintained and serviced in accordance with the California Fire Code. The quantity and type of fire protection equipment shall be approved. Fire protection equipment shall be inspected in accordance with the fire prevention program.
6. Hot Work Operations: The fire prevention program superintendent shall be responsible for supervising the permit system for hot work operations in accordance with the California Fire Code, Chapter 35.
7. Impairment of Fire Protection Systems: Impairments to any fire protection system shall be in accordance with the California Fire Code, Section 901.
a. Smoke detectors and smoke alarms locate d in an area where airborne construction dust is expected shall be covered to prevent exposure to dust or shall be temporarily removed. smoke detectors and alarms that were removed shall be replaced upon conclusion of dust producing work. Smoke detectors and smoke alarms that were covered shall be inspected and cleaned, as necessary, upon conclusion of dust producing work.
8. Temporary Covering of Fire Protection Devices: Temporary coverings placed on or over fire protection devices to protect them from damage during construction processes shall be immediately removed upon the completion of the construction processes in the room or area in which the devices are installed.
H. Fire Reporting (CFC 3309)
1. Emergency Telephone: Emergency telephone facilities with ready access shall be provided in an approved location at the construction site, or an approved equivalent means of communication shall be provided. The street address of the construction site and the emergency telephone number of the fire department shal l be posted adjacent to the telephone. Alternatively, where an equivalent means of communication has been approved, the site address and fire department emergency telephone number shall be posted at the main entrance to the site, in guard shacks, and in the construction site office.
I. Access for Fire Fighting (CFC 3310):
1. Required Access: Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.
FIRE SAFETY DURING CONSTRUCTION 95
2. Key Boxes: Key boxes shall be provided as required by the California Fire Code, Chapter 5 “Fire Service Features.”
J. Means of Egress (CFC 3311):
1. Stairways Required: (Requirements not applicable to buildings less than 50 feet in height or less than four stories).
2. Means of Egress: Required means of egress and required accessible means of egress shall be maintained during construction and demolition, remodeling or alterations and additions to any building unless an approved temporary means of egress system is provided.
K. Water Supply for Fire Protection (CFC 3312):
1. Water Supply for Fire Protection: An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
L. Automatic Sprinkler System (CFC 3314):
1. Completion Before Occupancy: In buildings where an automatic sprinkler system is required by the California Fire Code or California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved, except as provided in California Fire Code Section 105.3.4.
2. Operation of Valves: In buildings where an automatic sprinkler system is provided, operation of sprinkler control valves shall be allowed only by properly authorized personnel and shall be accompanied by notification of duly designated parties.
Where the sprinkler protection is being regularly turned off and on to facilitate connection of newly completed segments, the sprinkler control valves shall be checked at the end of each work period to ascertain that protection is in service.
M. Portable Fire Extinguishers (CFC 3315):
1. Portable Fire Extinguishers: Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with the California Fire Code, Section 906 and sized for not less than ordinary hazard, as follows:
a. At each stairway on all floor levels where combustible materials have accumulated.
b. In every storage and construction shed.
c. Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids.
FIRE SAFETY DURING CONSTRUCTION 96
N. Motorized Construction Equipment (CFC 3316):
1. Conditions of Use: Internal combustion powered construction equipment shall be used in accordance with all of the following conditions:
a. Equipment shall be located so that exhausts do not discharge against combustible material.
b. Exhausts shall be piped to the outside of the building. c. Equipment shall not be refueled while in operation.
d. Fuel for equipment shall be stored in approved areas outside of the building.
O. Safeguarding Roofing Operations (CFC 3317):
1. General: Roofing operations utilizing heat producing systems or other ignition sources shall be conducted in accordance with California Fire Code Sections 3317.2 and 3317.3, and Chapter 35.
2. Asphalt and Tar Kettles: Asphalt and tar kettles shall be operated in accordance with the California Fire Code, Section 303.
3. Fire Extinguishers for Roofing Operations: Fire extinguishers shall comply with the California Fire Code, Section 906. There shall be not less than one multi- purpose portable fire extinguisher with a minimum 3 -A 40 -B:C rating on the roof being covered or repaired.
1.17 PART 2 - PRODUCTS
2.1 TEMPORARY EQUIPMENT, GENERAL
A. Temporary Equipment: Temporary equipment shall comply with requirements of Division 01 Section “Temporary Facilities and Controls,” and shall comply with the requirements of this Section.
1.18 PART 3 - EXECUTION
A. Fire Safety Observation, Procedures, and Features: Provide fire safety observation activities, procedures, and features as required and in compliance with regulatory requirements.
END OF SECTION
PRODUCT REQUIREMENTS 97
SECTION 016000
PRODUCT REQUIREMENTS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products.
B. Related Requirements:
1. Division 01 Section "Substitution Procedures" for requests for substitutions.
1.3 DEFINITIONS
A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent.
1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, which is current as of date of the Contract Documents.
2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products.
3. Comparable Products: Products of a listed manufacturer that are demonstrated to meet or exceed the in dicated qualities related to type, function, dimension, in - service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified ‘Basis of Design’ product.
B. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis -of-design," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification.
PRODUCT REQUIREMENTS 98
1.4 SUBMITTALS
A. Product Submittals: Comply with requirements in Division 01 Section "Submit tal Procedures" and submittal requirements of Division 02 through 33 Sections to show compliance with product requirements.
1.5 QUALITY ASSURANCE
A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options.
1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions.
B. Delivery and Handling:
1. Schedule delivery to minimize long -term storage at Project site and to prevent overcrowding of construction spaces.
2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.
3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing.
4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected.
C. Storage:
1. Store products to allow for inspection and measurement of quantity or counting of units.
2. Store materials in a manner that will not endanger Project structure.
3. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation.
4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment.
5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage.
6. Protect stored products from damage and liquids from freezing.
PRODUCT REQUIREMENTS 99
1.7 PRODUCT WARRANTIES
A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents.
1. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner.
2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner.
B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution.
1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed.
2. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed.
3. See Divisions 02 through 33 Sections for specific content requirements and particular requirements for submitting special warranties.
C. Warranty Submittals: Comply with requirements in Division 01 Section "Closeout Procedures."
1.19 PART 2 - PRODUCTS
2.1 PRODUCT SELECTION PROCEDURES
A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation.
1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect.
2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects.
3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents.
4. Where products are accompanied by the term "as selected," Architect will make selection.
5. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products.
PRODUCT REQUIREMENTS 100
B. Product Selection Procedures:
1. Restricted List: Where Specifications include the phrase “provide one of the following” or similar phrase and lists 2 or more manufacturers and/or products, provide one of the products indicated. Comply with requirements in Division 01 Section "Substitution Procedures" for consideration of an unnamed manufacturer or product.
2. Non-restricted List: Where Specifications include the phrase “includes, but are not limited to the following” or similar phrase, provide one of the products indicated or an unnamed product that complies with requirements indicated.
3. Basis of Design: Where Specifications include the phrase “Basis of Design” and lists a named manufacturer and product, provide the product indicated.
a. Where a “Comparable” product of listed manufacturers is indicated following a “Basis of Design” manufacturer/product, a comparable product of one of the listed manufacturers may be provided in lieu of the basis of design manufacturer/product subject to compliance with product requirements and the following:
1) Evidence that the proposed product:
a) Does not require revisions to the Contract Documents. b) Is consistent with the Contract Documents and will produce the indicated results.
c) Is compatible with other portions of the Work.
2) Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, si ze, durability, visual effect, and specific features and requirements indicated.
3) Evidence that proposed product provides specified warranty.
b. Where no “Comparable” manufacturers/products are indicated following a “Basis of Design” manufacturer/product, comply with requirements in Division 01 Section "Substitution Procedures" for consideration of an unnamed manufacturer or product.
C. Visual Matching Specification: Where Specifications require "match Architect's sample", provide a product that complies with requirements and matches Architect's sample.
Architect's decision will be final on whether a proposed product matches.
1. If no product available within specified category matches and complies with other specified requirements, com ply with requirements in Division 01 Section "Substitution Procedures" for proposal of product.
D. Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items.
PRODUCT REQUIREMENTS 101
1.20 PART 3 - EXECUTION
3.1 PRODUCT INSTALLATION
A. General: Install products in accordance with Drawings, Specifications, and product manufacturer’s written installation instructions. Installation shall include examination of conditions and preparations necessary for proper installation.
END OF SECTION
EXECUTION 102
SECTION 017300
EXECUTION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following:
1. Installation of the Work.
2. Cutting, patching and repairing.
3. Progress cleaning.
4. Protection of installed construction.
5. Correction of the Work.
B. Related Requirements:
1. Division 01 Section "Summary of Work" for limits on use of Project site.
2. Division 02 Section "Selective Demolition" for demolition and removal of selected portions of the building.
1.3 DEFINITIONS
A. Accessible Route: A continuous unobstructed path connecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability using a wheelchair, and that is also safe for and usable by persons with other disabilities. Interior accessible routes may include corridors, hallways, floors, ramps, elevators and lifts. Exterior accessible routes may include accessible parking stalls and access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps and lifts.
B. Cutting: Removal of in-place construction necessary to permit installation or performance of other work.
C. Patching: Fitting and repair work required to restore construction to original conditions after installation of other work.
EXECUTION 103
1.4 QUALITY ASSURANCE
A. Surveyor Qualifications: A professional engineer or land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land- surveying services of the kind indicated.
B. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements.
1. Structural Elements: When cutting of structural elements must be performed, notify Architect of locations and details of cutting and await directions from Architect before proceeding. Shore, brace, and support structural elements during cutting and patching. Do not cut and patch structural elements in a manner that could change their load-carrying capacity or increase deflection.
2. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. Other construction elements include but are not limited to the following:
a. Water, moisture, or vapor barriers.
b. Membranes and flashings.
c. Sprayed fire-resistive material.
d. Equipment supports.
e. Piping, ductwork, vessels, and equipment.
3. Visual Elements: Cut and patch construction in a manner that results in no visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities.
Remove and replace construction that has been cut and patched in a visually unsatisfactory manner.
C. Manufacturer's Installation Instructions: Obtain and maintain on -site manuf acturer's written recommendations and instructions for installation of products and equipment.
1.21 PART 2 - PRODUCTS
2.1 MATERIALS
A. General: Comply with requirements specified in Division 02 trough 33 Sections.
B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible.
1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Architect for the visual and functional performance of in-place materials.
EXECUTION 104
1.22 PART 3 - EXECUTION
3.1 EXAMINATION
A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities, and other construction affecting the Work.
1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water -service piping; underground electrical services, and other utilities.
2. Furnish location data for work related to Project that must be performed by public utilities serving Project site.
B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations.
1. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation.
2. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed.
3. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers.
C. Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following:
1. Description of the Work.
2. List of detrimental conditions, including substrates.
3. List of unacceptable installation tolerances.
4. Recommended corrections.
D. Proceed with installation only after unsatisfactory conditions have been corrected.
Proceeding with the Work indicates acceptance of surfaces and conditions.
3.2 PREPARATION
A. Field Measurements: Take field measurements as required to fit the Work properly.
Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work.
B. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings.
EXECUTION 105
C. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of Contractor, submit a request for information to Architect according to requirements in Division 01 Section "Request for Information."
3.3 INSTALLATION
A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated.
1. Make vertical work plumb and make horizontal work level.
2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement.
B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated.
C. Install products at the time and under conditions that will ensure the best possible results.
Maintain conditions required for product performance until Substantial Completion.
D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy.
E. Sequence the Work a nd allow adequate clearances to accommodate movement of construction items on site and placement in permanent locations.
F. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.
G. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements.
H. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions.
1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect.
2. Allow for building movement, including thermal expansion and contraction.
3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.
EXECUTION 106
I. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints.
J. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous.
3.4 CUTTING, PATCHING, AND REPAIRING
A. Cutting, Patching and Repairing, General: Employ skilled workers to perform cutting, patching, and/or repairing. Proceed with cutting, patching, and repairing at the earliest feasible time, and complete without delay.
1. Cut in -place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition.
B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties.
C. Temporary Support: Provide temporary support of work to be cut.
D. Protection: Protect in-place construction during cutting and patching to prevent damage.
Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations.
E. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations.
1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use.
2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces.
3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill.
4. Proceed with patching after construction operations requiring cutting are complete.
F. Patching and Repairing: Patch and repair construction by grinding, filling, leveling, refinishing, closing up, and similar operations following performance of other work. Provide materials and comply with installation requirements specified in other Sections, where applicable.
1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation.
EXECUTION 107
2. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition and ensures thermal and moisture integrity of building enclosure.
G. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces.
3.5 PROGRESS CLEANING
A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully.
1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris.
2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F.
3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark contai ners appropriately and dispose of legally, according to regulations.
a. Use containers intended for holding waste materials of type to be stored.
B. Site: Maintain Project site free of waste materials and debris.
C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work.
1. Remove liquid spills promptly.
2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate.
D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces.
E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.
F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion.
G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Division 01 Section "Construction Waste and Disposal."
EXECUTION 108
H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion.
I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects.
J. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.
3.6 PROTECTION OF INSTALLED CONSTRUCTION
A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion.
B. Comply with manufacturer's written instructions for temperature and relative humidity.
END OF SECTION
CONSTRUCTION WASTE AND DISPOSAL 109
SECTION 017419
CONSTRUCTION WASTE AND DISPOSAL
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative and procedural requirements for the following:
1. Disposing of nonhazardous construction and demolition waste.
B. Related Requirements:
1. Division 02 Section "Structure Demolition" for disposition of waste resulting from demolition of buildings, structures, and site improvements.
2. Division 02 Section "Selective Demolition" for disposition of waste resulting from partial demolition of buildings and structures.
3. Division 04 Sections or as applicable to masonry for disposal requirements for masonry waste.
1.3 DEFINITIONS
A. Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging.
B. Demolition Waste: Building and site improvement materials resulting from demolition or selective demolition operations.
C. Disposal: Removal off-site of demolition and construction waste and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction.
1.4 MATERIALS OWNERSHIP
A. Unless otherwise indicated, demolition and construction waste becomes property of Contractor.
CONSTRUCTION WASTE AND DISPOSAL 110
1.5 INFORMATIONAL SUBMITTALS
A. Statement of Refrigerant Recovery: Signed by refrigerant recovery technician responsible for recovering refrigerant, stating that all refrigerant that was present was recovered and that recovery was performed according to EPA regulations. Include name and address of technician and date refrigerant was recovered.
1.6 QUALITY ASSURANCE
A. Refrigerant Recovery Technician Qualifications: Certified by EPA-approved certification program.
B. Regulatory Requirements: Comply with transportation and disposal regulations of authorities having jurisdiction.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 DISPOSAL OF WASTE
A. General: Remove waste materials from Project site and legally dispose of them in a landfill or incinerator acceptable to authorities having jurisdiction.
1. Except as otherwise specified, do not allow waste materials that are to be disposed of accumulate on-site.
2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.
B. Burning: Do not burn waste materials.
C. Disposal: Remove waste materials from Owner's property and legally dispose of them.
END OF SECTION
CLOSEOUT PROCEDURES 111
SECTION 017700
CLOSEOUT PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following:
1. Closeout procedures at completion.
2. Final cleaning.
3. Repair of the Work.
1.3 SUBSTANTIAL COMPLETION PROCEDURES
A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete.
B. Submittals Prior to Substantial Completion: Submit the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request.
1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases.
2. Submit closeout documentation specified in other Division 01 Sections, including project record drawings, operation and maintenance data, warranties, and similar final record information.
3. Submit closeout documentation specified in individual Division 02 through 33 Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents.
4. Submit maintenance materials specified in individual Division 02 through 33 Sections, including tools, spare parts, extra materials, and similar items, and deliver to location designated by Architect. Label with manufacturer's name and model number where applicable.
5. Submit changeover information related to Owner's occupancy, use, operation, and maintenance.
CLOSEOUT PROCEDURES 112
C. Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Completion. List items below that are incomplete at time of request.
1. Advise Owner of pending insurance changeover requirements.
2. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions.
3. Complete startup and testing of systems and equipment.
4. Perform preventive maintenance on equipment used prior to Substantial Completion.
5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems.
6. Advise Owner of changeover in utilities.
7. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements.
8. Complete final cleaning requirements, including touchup painting.
9. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects.
D. Inspection: Submit a written request for inspection for Completion a minimum of 10 days prior to date the work will be completed and ready for inspection. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements.
Architect will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected.
1. Architect’s Punch List: During inspection, Architect will prepare a list of items needing completion or correction (punch list), a copy of the punch list will be distributed to the Contractor and Owner.
2. Reinspection: Request reinspection when the Work identified in previous inspection as incomplete is completed or corrected.
3. Results of completed inspection will form the basis of requirements for final completion.
E. Contractor’s Cost for Reinspection: Architect will perform one inspection and one reinspection at no additional cost to the Contractor. The expense for the Architect’s time for additional inspections will be paid by the Owner with the amount being deducted from the Contract Sum. The expense will be based on an hourly rate in accordance with the Architect’s standard hourly rate schedule in effect at the time the work is performed with a minimum of $400.00 dollars for each additional reinspection.
1.4 LIST OF INCOMPLETE ITEMS (PUNCH LIST)
A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction.
1. Organize list of spaces in sequential order, starting with exterior areas first and proceeding from lowest floor to highest floor.
2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems.
CLOSEOUT PROCEDURES 113
3. Include the following information at the top of each page:
a. Project name.
b. Date.
c. Name of Architect (Company name).
d. Name of Contractor (Company Name).
e. Page number.
4. Submit list of incomplete items in one of the following formats:
a. MS Excel electronic file. Architect will return annotated file. b. PDF electronic file. Architect will return annotated file.
1.23 PART 2 - PRODUCTS
2.1 MATERIALS
A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.
1. Use cleaning products that comply with the California Green Building Standards Code maximum allowable VOC levels.
1.24 PART 3 - EXECUTION
3.1 FINAL CLEANING
A. General: Perform final cleaning. Conduct cleaning and waste -removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations.
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions.
1. Complete the following cleaning operations before requesting inspection for Completion for entire Project or for a designated portion of Project:
a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances.
b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits.
c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface.
d. Remove tools, construction equipment, machinery, and surplus material from Project site.
CLOSEOUT PROCEDURES 114
e. Clean exposed exterior and interior hard -surfaced finishes to a dirt -free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition.
f. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces.
g. Sweep concrete floors broom clean in unoccupied spaces. h. Remove labels that are not permanent.
C. Construction Waste Disposal: Comply with waste disposal requirements in Division 01 Section "Construction Waste and Disposal."
3.2 REPAIR OF THE WORK
A. Complete repairs and restoration operations before requesting inspection for determination of Substantial Completion.
1. Comply with requirements of Division 02 through 33 Sections as applicable to the Work to be restored and/or repaired.
END OF SECTION
SELECTIVE DEMOLITION 115
SECTION 024119
SELECTIVE DEMOLITION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Demolition and removal of selected portions of building or structure.
B. Related Sections include the following:
1. Division 01 Section "Temporary Facilities and Controls" for temporary construction and environmental-protection measures for selective demolition operations.
2. Division 01 Section "Execution" for cutting and patching procedures.
3. Division 01 Section “Construction Waste and Disposal” for salvaging, recycling, and disposing of nonhazardous demolition and construction waste.
1.3 DEFINITIONS
A. Remove: Detach items from existing construction and legally dispose of them off-site, unless indicated to be salvaged or reinstalled.
B. Existing to Remain: Existing items or improvements that are to remain and not be removed. Existing items to remain shall be protected from damage during the course of construction.
1.4 MATERIALS OWNERSHIP
A. Demolition waste becomes property of Contractor.
1.5 SUBMITTALS
A. Qualification Data: For refrigerant recovery technician.
SELECTIVE DEMOLITION 116
B. Statement of Refrigerant Recovery: Signed by refrigerant recovery technician responsible for recovering refrigerant, stating that all refrigerant that was present was recovered and that recovery was performed according to EPA regulat ions. Include name and address of technician and date refrigerant was recovered.
1.6 QUALITY ASSURANCE
A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in material and extent to that indicated for this Project.
B. Refrigerant Recovery Technician Qualifications: Certified by an EPA - approved certification program.
C. Predemolition Conference: Conduct conference at Project site to comply with requirements in Division 01 Section "Project Management and Coordination." Review methods and procedures related to selective demolition.
1.7 FIELD CONDITIONS
A. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical.
B. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition.
C. Hazardous Materials:
1. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Owner will remove hazardous materials under a separate contract.
D. Storage or sale of removed items or materials on-site is not permitted.
PART 2 - PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.
B. Standards: Comply with ASSE A10.6 and NFPA 241.
SELECTIVE DEMOLITION 117
PART 3 - EXECUTION
3.1 EXAMINATION
A. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required.
1. If unanticipated mechanical, electrical, or structural elements are encountered and found to be in conflict with intended function or design, investigate and measure the nature a nd extent of conflict.
Promptly submit a written report to Architect.
3.2 PREPARATION
A. Site Access and Temporary Controls: Conduct selective demolition and debris- removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.
1. Comply with requirements for access and protection specified in Division 01 Section "Temporary Facilities and Controls."
B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.
1. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas.
3.3 PROTECTION
A. Temporary Protection: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.
1. Provide protection to ensure safe passage of people around selective demolition area.
2. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas.
B. Temporary Shoring: Design, provide, and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished.
1. Strengthen or add new supports when required during progress of selective demolition.
C. Remove temporary barricades and protections where hazards no longer exist.
SELECTIVE DEMOLITION 118
3.4 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS
A. HVAC Equipment Refrigerant: Before starting demolition, remove refrigerant from mechanical equipment according to 40 CFR 82 and regulations of authorities having jurisdiction.
3.5 SELECTIVE DEMOLITION, GENERAL
A. General: Remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows:
1. Proceed with selective demolition systematically, from higher to lower level. Complete selective demolition operations above each floor or tier before disturbing supporting members on the next lower level.
2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods l east likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain.
3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces.
4. Do not use plasma or flame cutting torches without written approval from Architect. Where allowed, clear area of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame -cutting operations.
Maintain portable fire - suppression devices during flame -cutting operations. Maintain fire watch during and for at least two hours after flame-cutting operations. Maintain adequate ventilation when using cutting torches.
5. Remove decayed, vermin -infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site.
6. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing.
7. Dispose of demolished items and materials promptly, comply with requirements of Division 01 Section “Construction Waste and Disposal.”
B. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and reinstalled in their or iginal locations after selective demolition operations are complete.
1. Items removed, salvaged, and reinstalled for the Contractor’s convenience shall be considered the same as items to be removed and salvaged for reinstallation.
SELECTIVE DEMOLITION 119
2. 3.6 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS
A. Roofing: Remove no more existing roofing than what can be covered in one day by new roofing and so that building interior remains watertight and weathertight.
1. Remove existing roof membrane, flashings, copings, and roof accessories.
2. Remove existing roofing system down to substrate.
3.7 DISPOSAL OF DEMOLISHED MATERIALS
A. Dispose demolition waste materials according to Division 01 Section "Construction Waste and Disposal." Remove demolition waste materials from Project site and legally dispose of them in an EPA -approved construction and demolition waste landfill acceptable to authorities having jurisdiction.
1. Do not allow demolished materials to accumulate on-site.
2. Remove and transport debris in accordance with local regulations and in a manner that will prevent spillage on adjacent surfaces and areas.
B. Burning: Do not burn demolished materials.
3.8 CLEANING
A. Clean structure and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.
END OF SECTION
PREPARATION FOR RE-ROOFING 120
SECTION 070150
PREPARATION FOR RE-ROOFING
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Full roof tear-off of areas indicated
2. Partial roof tear-off of areas indicated.
3. Temporary roofing membrane.
B. Related Sections:
1. Division 01 Section "Summary of Work".
2. Division 01 Section "Temporary Facilities and
Controls" for temporary
construction and environmental-protection measures for reroofing preparation.
3. Division 26 Sections as applicable for electrical equipment disconnection and reconnection.
1.3 MATERIALS OWNERSHIP
A. Demolished materials shall become Contractor's property and shall be removed from Project site.
1.4 DEFINITIONS
A. Roofing Terminology: Refer to ASTM D 1079 and glossary in NRCA's "The NRCA Roofing and Waterproofing Manual" for definition of terms related to roofing work in this Section.
B. Roof Tear-Off: Removal of existing roofing system from roof decking.
C. Partial Roof Tear-Off: Removal of a portion of existing roofing systems from roof decking or removal of selected components and accessories from existing roofing systems.
D. Remove: Detach items from existing construction and legally dispose of them off-site.
PREPARATION FOR RE-ROOFING 121
E. Existing to Remain: Existing items of construction that are not to be removed and are to be protected during construction operations.
1.5 QUALITY ASSURANCE
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning roofing removal. Comply with hauling and disposal regulations of authorities having jurisdiction.
B. Pre-demolition Conference: Conduct pre-demolition conference at project site.
1. Meet with Owner; Archi tect; Owner's insurer if applicable; inspecting agency representative; deck Installer and temporary roofing Installer.
2. Review methods and procedures related to existing roofing system tear-off and replacement including, but not limited to, the following:
a. Reroofing preparation, including membrane roofing system manufacturer's written instructions.
b. Temporary protection requirements for existing roofing system that is to remain during and after installation. c. Existing roof drains and roof drainage during the reroofing scope of work, and roof drain plugging and plug removal requirements.
d. Construction schedule and availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.
e. Existing deck removal procedures.
f. Existing conditions that may require notification of Architect before proceeding.
1.6 FIELD CONDITIONS
A. Existing Roofing System: Roofing membrane, roof insulation, surfacing, and components and accessories between deck and roofing membrane.
B. Protect building to be reroofed, adjacent buildings, walkways, site improvements, exterior plantings, and landscaping from damage or soiling from reroofing operations.
C. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities.
D. Weather Limitations: Proceed with reroofing preparation only when existing and forecasted weather conditions permit Work to proceed without water entering existing roofing system or building.
E. Hazardous Materials: It is not expected that hazardous materials such as asbestos- containing materials will be encountered in the Work.
1. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner.
Hazardous materials will be removed by Owner under a separate contract.
PREPARATION FOR RE-ROOFING 122
1.25 PART 2 - PRODUCTS
2.1 TEMPORARY ROOFING MATERIALS
A. Design and selection of materials for temporary roofing are responsibilities of Contractor.
B. Sheathing Paper: Red-rosin type, minimum 3 lb/100 sq. ft.
C. Base Sheet: ASTM D 4601, Type II, nonperforated, asphalt - impregnated and -coated, glass-fiber sheet.
D. Glass-Fiber Felts: ASTM D 2178, Type IV, asphalt-impregnated, glass-fiber felt.
E. Asphalt Primer: ASTM D 41.
F. Roofing Asphalt: ASTM D 312, Type III or IV.
2.2 AUXILIARY REROOFING MATERIALS
A. General: Auxiliary reroofing preparation materials recommended by roofing system manufacturer for intended use.
B. Base Sheet Fasteners: Capped head, factory -coated steel fasteners, listed in FM Approval's "Approval Guide."
1.26 PART 3 - EXECUTION
3.1 PREPARATION
A. Protect existing membrane roofing system that is indicated not to be reroofed.
1. Limit traffic and material storage to areas of existing roofing membrane that have been protected.
2. Maintain temporary protection and leave in place until replacement roofing has been completed.
B. During removal operations, have sufficient and suitable materials on-site to facilitate rapid installation of temporary protection in the event of unexpected rain.
C. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. Prevent debris from entering or blocking roof drains and conductors. Use roof -drain plugs specifically designed for this purpose. Remove roof-drain plugs at end of each workday, when no work is taking place, or when rain is forecast.
PREPARATION FOR RE-ROOFING 123
3.2 ROOF TEAR-OFF
A. General: Notify Owner each day of extent of roof tear-off proposed for that day.
B. Partial Roof Tear-Off: Where indicated, remove existing roofing and other roofing system components down to the deck.
1. Remove cover boards, roof insulation
2. Remove fasteners from deck or cut fasteners off slightly above deck surface.
3.3 DECK PREPARATION
A. Inspect deck after partial tear-off of roofing system.
B. If broken or loose fasteners that secure deck panels to one another or to structure are observed or if deck appears or feels inadequately attached, immediately notify Architect. Do not proceed with installation until directed by Architect.
C. If deck surface is not suitable for receiving new roofing or if structural integrity of deck is suspect, immediately notify Architect. Do not proceed with installation until directed by Architect.
3.4 TEMPORARY ROOFING MEMBRANE
A. Install approved temporary roofing membrane over area to be reroofed.
B. Install temporary roofing membrane over area to be reroofed. Install two glass-fiber felts. Mechanically fasten base sheet and install a glass-fiber felt, lapping each sheet 19 inches (483 mm) over preceding sheet. Embed glass- fiber felt in a solid mopping of hot roofing asphalt applied within equiviscous temperature range. Glaze-coat completed surface with hot roofing asphalt.
3.5 EXISTING BASE FLASHINGS
A. Remove existing base flashings around parapets, curbs, walls, and penetrations.
1. Clean substrates of contaminants such as asphalt, sheet materials, dirt, and debris.
B. Do not damage metal counterflashings that are to remain.
C. Inspect parapet sheathing for deterioration and damage. If parapet sheathing has deteriorated, immediately notify Architect.
3.6 DISPOSAL
A. Collect demolished materials and place in containers. Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on- site.
PREPARATION FOR RE-ROOFING 124
1. Storage or sale of demolished items or materials on-site is not permitted.
B. Transport and legally dispose of demolished materials off Owner's property.
END OF SECTION
125
EXHIBIT “C” – SPECIAL CONDITIONS
ARTICLE 1 BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D” – CERTIFICATION LABOR CODE SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
Harris Builders, Inc.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
127
EXHIBIT “E” – PUBLIC WORKS CONTRACTOR
REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to per form public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor: Harris Builders Inc
DIR Registration Number:_1000000248
DIR Registration Expiration:__June 30, 2025
Small Project Exemption: _____ Yes or __X__ No
Unless Contractor is exempt pursuant to the small project exemption, Contrac tor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F” – PAYMENT AND PERFORMANCE BONDS
129
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Merced (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contra ctor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
130
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract p rice” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any a mount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
131
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
132
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
133
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Merced (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20 ____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is require d to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under t he Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of th e contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall in ure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall no t be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to 134
recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive not ice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
135
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
136
APPENDIX
137
CITY OF MERCED STANDARD DESIGNS
THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
REFER TO THE CITY OF MERCED WEBSITE FOR THE COMPLETE LISTING OF
STANDARD DETAILS
http://www.cityofmerced.org/depts/engineering_division/standard_designs/default.asp 138
STATE GENERAL PREVAILING WAGE RATES
General prevailing wage determination
Made by the Director of Industrial Relations
Pursuant to California Labor Code part 7,
Chapter 1, article 2, sections 1770, 1773, and 1773.1
__________________________________________________
State of California Department of Industrial Relations Website:
http://www.dir.ca.gov/OPRL/PWD/index.htm
139
REGULATION VIII – FUGITIVE PM10 PROHIBITIONS
140
141
142
143
ADDENDUM
144
ADDENDUM NO. 01
PROJECT:
Stephen Leonard Park Community Building
Phase 1 - Structural Repairs Date :
10/27/2022
640 T Street, Merced, CA
CLIENT:
TETER Project No.: 22-12479
City of Merced Client Project No.: 123052
2525 “O” Street DSA File No.: N/A
Merced, CA DSA Appl. No.: N/A
The following additions, deletions and revisions to the plans, specifications and Addenda shall become a part of the plans and specifications. It is the responsibility of the General Contractor to submit the information contained in this addendum to all subcontractors and suppliers. The Bidder shall acknowledge receipt of the Addendum in the Bid Proposal. (Addendum number of pages: 1 pages + 13 attachments = 14 total pages).
PROJECT MANUAL:
1 - 01: PROJECT MANUAL, SPECIFICATION SECTION 000110 – “TABLE OF CONTENTS”, revise as follows:
A. Add the following to the Table of Content under Division 06:
“061000 ROUGH CARPENTRY 10
061600 PLYWOOD PANEL SHEATHING .......................................................... 3”
1 - 02: PROJECT MANUAL, SPECIFICATION SECTION 061000 – “ROUGH CARPENTRY”, add the following:
A. Add the attached Section 061000 Rough Carpentry, AD 01-01.
1 - 03: PROJECT MANUAL, SPECIFICATION SECTION 061600 – “PLYWOOD PANEL SHEATHING”, add the following:
A. Add the attached Section 061600 Plywood Panel Sheathing, AD 01-02.
END OF ADDENDUM NO. 01
J:\124\12479 North Star - Stephen Leonard Community Park Building Fire Damage\D-Bidding & CA\Bidding\Addenda\Addendum 01\12479_Addendum_01.doc
James E. Hickman, Jr.
Architect of Record
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AD 01-01
SECTION 061000
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PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes:
1. Framing with dimension lumber.
2. Framing with timber.
3. Wood blocking and nailers.
4. Framing with engineered wood products.
5. Rooftop equipment bases and support curbs.
B. Related Sections:
1. Division 06 Section “Plywood Panel Sheathing” for structural use panel sheathing.
1.3 DEFINITIONS
A. Boards or Strips: Lumber of less than 2 inches nominal size in least dimension.
B. Dimension Lumber: Lumber of 2 inches nominal or greater but less than 5 inches nominal in least dimension.
C. Exposed Framing: Framing not concealed by other construction.
D. Timber: Lumber of 5 inches nominal or greater in least dimension.
1.4 SUBMITTALS
A. Product Data: For each type of process and factory-fabricated product. Indicate component materials and dimensions and include construction and application details.
1. Include data for wood-preservative treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements.
Indicate type of preservative used and net amount of preservative retained.
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2. For products receiving a waterborne treatment, include statement that moisture content of treated materials was reduced to levels spec ified before shipment to Project site.
B. Research/Evaluation Reports: From ICC-ES or IAPMO ES, for the following:
1. Wood-preservative-treated wood.
2. Engineered wood products.
3. Power-driven fasteners.
4. Powder-actuated fasteners.
5. Post installed concrete anchors.
6. Metal framing anchors.
1.5 REFERENCED CODES AND STANDARDS
A. California Code of Regulations, Title 24, Part 2, California Building Code, 2019 Edition.
B. American Wood Council (AWC):
1. National Design Specification for Wood Construction with commentary, (ANSI/AWC NDS-2018).
2. Special Design Provisions for Wind and Seismic with commentary, (ANSI/AWC SDPWS-2015).
C. Lumber grading agencies and abbreviations:
1. NLGA: National Lumber Grades Authority.
2. WCLIB: West Coast Lumber Inspection Bureau.
3. WWPA: Western Wood Products Association.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Stockpile materials sufficiently in advance of need to assure their availability in a timely manner for Work.
B. Use extreme care in off-loading of lumber to prevent damage, splitting, and breaking of materials.
C. Stack wood products flat with spacers beneath and between each bundle to provide air circulation. Protect wood products from weather by covering with waterproof sheeting, securely anchored. Provide for air circulation around stacks and under coverings.
D. Identify framing lumber by grade, and store each grade separately from other grades.
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PART 2 - PRODUCTS
2.1 WOOD PRODUCTS, GENERAL
A. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency is indicated, provide lumber that complies with the applicable rules of any rules- writing agency certified by the ALSC Board of Review. Provide lumber graded by an agency certified by the ALSC Board of Review to inspect and grade lumber under the rules indicated.
1. Factory mark each piece of lumber with grade stamp of grading agency.
2. For exposed lumber indicated to receive a stained or natural finish, mark grade stamp on end or back of each piece
3. Provide dressed lumber, S4S, unless otherwise indicated.
B. Moisture Content of Lumber: 19 percent maximum unless otherwise indicated.
C. Engineered Wood Products: Acceptable to authorities having jurisdiction and for which current model code research or evaluation reports exist that show compliance with building code in effect for Project.
1. Allowable Design Stresses: Provide engineered wood products with allowable design stresses, as published by manufacturer that meet or exceed those indicated.
Manufacturer's published values shall be det ermined from empirical data or by rational engineering analysis and demonstrated by comprehensive testing performed by a qualified independent testing agency.
2.2 WOOD-PRESERVATIVE-TREATED LUMBER
A. Preservative Treatment by Pressure Process: AWPA U1, Use Category UC2, for interior construction not in contact with ground.
1. Preservative Chemicals: Acceptable to authorities having jurisdiction and containing no arsenic or chromium.
B. Kiln-dry lumber after treatment to a maximum moisture content of 19 percent. Do not use material that is warped or does not comply with requirements for untreated material.
C. Mark lumber with treatment quality mark of an inspection agency approved by the ALSC Board of Review.
D. Application: Treat items indicated on Drawings, and the following:
1. Wood cants, nailers, curbs, equipment support bases, blocking, stripping, and similar members in connection with roofing, flashing, vapor barriers, and waterproofing.
2. Wood sills, sleepers, blocking, furring, stripping, and similar members in contact with masonry or concrete.
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3. Wood framing members that are less than 18 inches above the ground in crawlspaces or unexcavated areas.
4. Wood plates that are installed over concrete slabs-on-grade.
2.3 DIMENSION LUMBER FRAMING
A. Framing Lumber; Studs, Joists, and Rafters: Douglas Fir, WCLIB or WWPA, No. 1 or better, unless otherwise indicated on Drawings.
2.4 TIMBER FRAMING
A. Timber Framing: Douglas Fir, WCLIB or WWPA, No. 1 or better, unless otherwise indicated on Drawings.
2.5 ENGINEERED WOOD PRODUCTS
A. Engineered Wood Products, General: Engineered Wood Products shall contain no urea formaldehyde.
B. Source Limitations: Obtain each type of engineered wood product from a single source from a single manufacturer.
C. Manufacturer and Products: Provide products as indicated on Drawings.
1. Project structural design based on products indicated on Drawings, changes or substitutions will require a Request for Substitution and a Construction Change Document.
D. Laminated-Veneer Lumber (LVL): Structural composite lumber made from wood veneers with grain primarily parallel to member lengths, evaluated and monitored according to ASTM D 5456 and manufactured with an exterior-type adhesive complying with ASTM D 2559.
1. Extreme Fiber Stress in Bending, Edgewise: As indicated on Structural Drawings.
2. Modulus of Elasticity, Edgewise: As indicated on Structural Drawings.
E. Parallel-Strand Lumber (PSL): Structural composite lumber made from wood strand elements with grain primarily parallel to member lengths, evaluated and monitored according to ASTM D 5456 and manufactured with an exterior-type adhesive complying with ASTM D 2559.
1. Extreme Fiber Stress in Bending, Edgewise: As indicated on Structural Drawings.
2. Modulus of Elasticity, Edgewise: As indicated on Structural Drawings.
2.6 PLYWOOD BACKING PANELS
A. Equipment Backing Panels: Plywood, DOC PS 1, Exterior, A-C (‘A’ face exposed to room), 3/4 inch nominal thickness.
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1. Equipment backing panels to be finished with intumescent paint specified in Division 09 Section Painting or shall panels shall fire retardant treated plywood.
2.7 MISCELLANEOUS LUMBER
A. General: Provide miscellaneous lumber as indicated on Drawings, as required for project conditions, and as required for support or attachment of other construction, including but not limited to blocking, nailers, support curbs, and furring.
B. Dimension Lumber Items: Provide lumber of species and grade matching framing lumber.
1. For blocking not used for attachment of other construction, Utility or Stud grade lumber may be used provided that it is cut and selected to eliminate defects that will interfere with its attachment and purpose.
2. For blocking and nailers used for attachment of other construction, select and cut lumber to eliminate knots and other defects that will interfere with attachment of other work.
C. Boards: Provide lumber of 19 percent maximum moisture content (S-DRY).
1. Exposed Boards: Where boards will not be concealed by other work or where painted finish is indicated, provide Select Merchantable Boards per WCLIP rules.
2. Concealed Boards: Where boards will be concealed by other work, provide any species graded construction boards or WCLIP No. 1 or better.
D. For furring strips for installing plywood or hardboard paneling, select boards with no knots capable of producing bent-over nails and damage to paneling.
2.8 FASTENERS
A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture.
1. Fasteners in contact with preservative treated wood, including nuts and washers, shall be of hot dipped galvanized steel, stainless steel, or silicon bronze; the coating weights for zinc-coated fasteners shall be in accordance with ASTM A 153. Fasteners other than nails, timber rivets, wood screws, and lag screws shall be permitted to be of mechanically deposited zinc-coated steel with coating weights in accordance with ASTM B 695, Class 55 minimum; comply with requirements of 2019 CBC 2304.10.5.
B. Nails, Brads, and Staples: ASTM F 1667.
C. Power-Driven Fasteners: Fastener systems with an evaluation report acceptable to authorities having jurisdiction, based on ICC-ES AC70.
D. Wood Screws: ASME B18.6.1.
E. Lag Bolts: ASME B18.2.1 (ASME B18.2.3.8M).
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F. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568M, Property Class
4.6); with ASTM A 563 (ASTM A 563M) hex nuts and, where indicated, flat washers.
G. Post Installed Concrete Anchors: Fabricated from corrosion -resistant materia ls; manufacturer, size, and type as indicated on Drawings and specified in Division 03 Section “Post Installed Concrete Anchors.” Materials to comply with the following:
1. Carbon-steel components, zinc plated to comply with ASTM B 633, Class Fe/Zn 5.
2. Stainless steel with bolts and nuts complying with ASTM F 593 and ASTM F 594, Alloy Group 1 or 2 (ASTM F 738M and ASTM F 836M, Grade A1 or A4).
2.9 METAL FRAMING ANCHORS AND HARDWARE
A. General: Connectors in contact with preservative treated or fire retardant treated wood shall be of hot dipped galvanized steel or stainless steel; the coating weights for zinc - coated connectors shall be in accordance with ASTM A 153; comply with requirements of 2019 CBC 2304.10.5.
B. Basis of Design Manufacturer: Provide products as indicated on Drawings manufactured by the following:
1. Simpson Strong-Tie Co., Inc.
C. Material: Galvanized steel sheet, hot-dip, zinc-coated steel sheet complying with ASTM A 653/A 653M, G60 (Z180) coating designation.
1. Use for interior locations unless otherwise indicated.
2.10 MISCELLANEOUS MATERIALS
A. Sill-Sealer Gaskets: Closed -cell neoprene foam, 1/4 inch thick, selected from manufacturer's standard widths to suit width of sill members indicated.
B. Adhesives for Gluing Furring and Sleepers to Concrete or Masonry: Formulation complying with ASTM D 3498 that is approved for use indicated by adhesive manufacturer.
1. Use adhesives that have a VOC content of 70 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24).
C. Water-Repellent Preservative: NWWDA-tested and -accepted formulation containing 3- iodo-2-propynyl butyl carbamate, combined with an insecticide containing chloropyrifos as its active ingredient.
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PART 3 - EXECUTION
3.1 INSTALLATION, GENERAL
A. General: Install framing as indicated on drawings, as herein specified, and as required to comply with regulatory agencies and American Forest and Paper Association (AF&PA) document WCD 1 "Details for Conventional Wood Frame Construction". Notes and details on Drawings shall take precedence over these specifications.
B. Framing with Engineered Wood Products: Install engineered wood products to comply with manufacturer's written instructions.
C. Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit rough carpentry to other construction; scribe and cope as needed for accurate fit.
Locate furring, nailers, blocking, grounds, and similar supports to comply with requirements for attaching other construction.
D. Install plywood backing panels by fastening to studs; coordinate locations with utilities requiring backing panels. Install plywood backing panels with classification marking of testing agency exposed to view.
E. Install metal framing anchors to comply with manufacturer's written instructions. Install fasteners through each fastener hole.
F. Install sill sealer gasket to form continuous seal between sill plates and foundation walls.
G. Do not splice structural members between supports, unless otherwise indicated.
H. Provide blocking and framing as indicated and as required to support facing materials, fixtures, specialty items, and trim.
1. Provide metal clips for fastening gypsum board or lath at corners and intersections where framing or blocking does not provide a surface for fastening edges of panels.
Space clips not more than 16 inches on center.
I. Provide fire blocking in furred spaces, stud spaces, and other concealed cavities in accordance with 2019 CBC Section 718 “Concealed Spaces” and as follows:
1. Fire block furred spaces of walls, at each floor level, at ceiling, and at not more than 96 inches on center with solid wood blocking or noncombustible materials accurately fitted to close furred spaces.
2. Fire block concealed spaces of wood-framed walls and partitions at each floor level, at ceiling line of top story, and at not more than 96 inches on center Where fire blocking is not inherent in framing system used, provide closely fit ted solid wood blocks of same width as framing members and 2-inch nominal- thickness.
3. Fire block concealed spaces between floor sleepers with same material as sleepers to limit concealed spaces to not more than 100 sq. ft. and to solidly fill space below partitions.
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4. Fire block concealed spaces behind combustible cornices and exterior trim at not more than 20 feet on center
J. Sort and select lumber so that natural characteristics will not interfere with installation or with fastening other materials to lumber. Do not use materials with defects that interfere with function of member or pieces that are too small to use with minimum number of joints or optimum joint arrangement.
K. Comply with AWPA M4 for applying field treatment to cut surfaces of preservative- treated lumber.
1. Use inorganic boron for items that are continuously protected from liquid water.
2. Use copper naphthenate for items not continuously protected from liquid water.
L. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated on Drawings and complying with the following:
1. ICC ESR-1539 for power-driven staples and nails.
2. 2019 CBC Table 2304.10.1 “Fastening Schedule.”
M. Use common wire nails, unless otherwise indicated. Select fasteners of size that will not fully penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections between members. Install fasteners without splitting wood; do not countersink nail heads, unless otherwise indicated.
N. Fasteners and connectors in contact with preservative treated or fire retardant treated wood shall be corrosion resistant as specified under Part 2 product requirements.
O. For exposed work, arrange fasteners in straight rows parallel with edges of members, with fasteners evenly spaced, and with adjacent rows staggered.
1. Comply with fastener patterns where applicable. Before fastening, mark fastener locations, using a template made of sheet metal, plastic, or cardboard.
2. Use finishing nails, unless otherwise indicated.
3.2 WOOD GROUND, SLEEPER, BLOCKING, AND NAILER INSTALLATION
A. Install where indicated and where required for screeding or attaching other work. Form to shapes indicated and cut as required for true line and level of attached work. Coordinate locations with other work involved.
B. Attach items to substrates to support applied loading. Recess bolts and nuts flush with surfaces, unless otherwise indicated.
C. Provide permanent grounds of dressed, pressure -preservative-treated, key -beveled lumber not less than 1-1/2 inches wide and of thickness required to bring face of ground to exact thickness of finish material. Remove temporary grounds when no longer required.
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3.3 WOOD FURRING INSTALLATION
A. Install level and plumb with closure strips at edges and openings. Shim with wood as required for tolerance of finish work.
B. Furring to Receive Plywood or Hardboard Paneling: Install 1 -by-3-inch nominal- size furring horizontally and vertically at 24 inches on center
C. Furring to Receive Gypsum Board: Install 1-by-2-inch nominal- size furring vertically at 16 inches on center
3.4 WALL AND PARTITION FRAMING INSTALLATION
A. General: Provide studs, top and bottom plates of sizes indicated on Drawings, 2 inch minimum nominal thickness.
1. Studs: Members of size and spacing indicated on Drawings.
2. Top Plates: Double top plate of width equal that of studs.
3. Bottom Plates: Single bottom plate of width equal that of studs; fasten plates to supporting construction as indicated on Drawings.
4. Mid-Height Blocking: Provide continuous horizontal blocking at mid -height of partitions more than 96 inches high, using members of 2-inch nominal thickness and of same width as studs.
B. Construct corners and intersections with three or more studs.
C. Frame openings as indicated on Drawings with multiple studs and headers. Provide nailed header members of thickness equal to width of studs. Support headers on double-jamb studs for openings 60 inches and less in width, and triple-jamb studs for wider openings.
Provide headers of depth indicated.
3.5 CEILING JOIST FRAMING INSTALLATION
A. Ceiling Joist Framing: Install ceiling joists as indicated on Drawings with crown edge up and complying with requirements specified above for floor joists. Face nail to ends of parallel rafters.
1. Where ceiling joists are at right angles to rafters, provide additional short joists parallel to rafters from wall plate to first joist; nail short joist to ends of rafters and to top plate, and nail to first joist or anchor with framing anchors or metal straps. Provide 2-by-4-inch nominal size stringers spaced 48 inches on center crosswise over main ceiling joists.
3.6 RAFTER FRAMING INSTALLATION
A. Rafter Framing: Install rafter framing as indicated on Drawings. Notch to fit exterior wall plates and use metal framing anchors. Double rafters to form headers and trimmers at openings in roof framing, if any, and support with metal hangers. Where rafters abut at
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ridge, place directly opposite each other and nail to ridge member or use metal ridge hangers.
B. Provide special framing as indicated for eaves, overhangs, dormers, and similar conditions, if any.
3.7 TIMBER FRAMING INSTALLATION
A. Install timber beams with crown edge up and provide not less than 4 inches of bearing on supports. Provide continuous members, unless otherwise indicated; tie together over supports as indicated if not continuous.
B. Where beams or girders are framed into pockets of exterior concrete or masonry walls, provide 1/2-inch air space at sides and ends of wood members.
C. Install wood posts using metal anchors indicated.
D. Treat ends of timber beams and posts exposed to weather by dipping in water- repellent preservative for 15 minutes.
3.8 PROTECTION
A. Use all necessary means to protect the installed work and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to, the approval of the Architect and at no additional cost to the Owner.
B. Protect rough carpentry from weather. If, despite protection, rough carpentry becomes wet, apply EPA-registered borate treatment. Apply borate solution by spraying to comply with EPA-registered label.
END OF SECTION
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AD 01-02
SECTION 061600
PLYWOOD PANEL SHEATHING
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Wall sheathing.
2. Roof sheathing.
B. Related Sections include the following:
1. Division 06 Section "Rough Carpentry".
1.3 DELIVERY, STORAGE, AND HANDLING
A. Stack panels flat with spacers beneath and between each bundle to provide air circulation. Protect sheathing from weather by covering with waterproof sheeting, securely anchored. Provide for air circulation around stacks and under coverings.
PART 2 - PRODUCTS
2.1 PLYWOOD SHEATHING, ROOF AND/OR WALLS
A. Plywood Sheathing: Either DOC PS 1 or DOC PS 2, Exposur e 1, structural sheathing unless otherwise indicated.
1. Span Rating: As indicated on Drawings (32/16 min).
2. Nominal Thickness: As indicated on Drawings (1/2” min).
B. Factory mark panels to indicate compliance with applicable standard.
2.2 FASTENERS
A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. 156
1. Fasteners used for the attachment of exterior roof and/or wall sheathing, and fasteners in contact with preservative treated or fire- retardant treated wood, including nuts and washers, shall be of hot dipped galvanized steel, stainless steel, or silicon bronze; the coating weights for zinc -coated fasteners shall be in accordance with ASTM A 153. The coating weights for mechanically deposited zinc-coated steel fasteners shall be in accordance with ASTM B 695, Class 55 minimum. Comply with requirements of 2019 CBC 2304.10.1 and 2304.10.5.
B. Nails, Brads, and Staples: ASTM F 1667.
C. Power-Driven Fasteners: Fastener systems w ith an evaluation report acceptable to authorities having jurisdiction, based on ICC-ES AC70.
2.3 MISCELLANEOUS MATERIALS
A. Adhesives for Field Gluing Panels to Framing: Formulation complying with ASTM D 3498 that is approved for use with type of construction panel indicated by manufacturers of both adhesives and panels.
1. Adhesives shall have a VOC content of 50 g/L or less.
PART 3 - EXECUTION
3.1 INSTALLATION
A. General: Comply with applicable recommendations in APA Form No. E30, "Engineered Wood Construction Guide," for types of structural-use panels and applications indicated.
B. Do not use materials with defects that impair quality of sheathing or pieces that are too small to use with minimum number of joints or optimum joint arrangement. Arrange joints so that pieces do not span between fewer than three support members.
C. Cut panels at penetrations, edges, and other obstructions of work; fit tightly against abutting construction, unless otherwise indicated.
D. Coordinate wall and roof sheathing installation with flashing and joint - sealant installation so these materials are installed in sequence and manner that prevent exterior moisture from passing through completed assembly.
E. Coordinate sheathing installation with installation of materials inst alled over sheathing so sheathing is not exposed to precipitation or left exposed at end of the workday when rain is forecast.
F. Space panels 1/8 inch apart at edges and ends.
G. Fastening: Securely fasten panels to framing by fastening as indicated on Drawings complying with the following:
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1. Wood Framing: Comply with the following:
a. NES NER-272 for power-driven fasteners.
b. 2019 California Building Code, Table 2304.10.1 “Fastening Schedule.” c. Use common wire nails, unless otherwise indicated. Select fasteners of size that will not fully penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections. Install fasteners without splitting wood.
END OF SECTION