Volume 1
ARCHITECTURAL / STRUCTURAL SPECIFICATIONS
Competitive Sealed Proposal For
HMA Phase I Renovation Hogg Memorial Auditorium (HMA) The University of Texas Austin, Texas
Contract No. 15CSP002 – Project CP No. 522444
ARCHITEXAS Project No. 1402 Issue Date: September 12, 2014
Project Management & Construction Services The University of Texas at Austin FC1, Room 2.102 Austin, Texas 78722
Architect ARCHITEXAS Architecture, Planning and Historic Preservation, Inc. 2900 S. Congress, Suite 200 Austin, TX 78704 512-444-4220 SPECIFICATIONS for
COMPETITIVE SEALED PROPOSAL for
HMA Phase 1 Renovations Hogg Memorial Auditorium (HMA)
THE UNIVERSITY OF TEXAS AT AUSTIN Austin, Texas
Issue Date: September 12, 2014
CONTRACT NO.15CSP002 PROJECT CP CP#522444
PROJECT MANAGEMENT & CONSTRUCTION SERVICES FC1, Room 2.102 THE UNIVERSITY OF TEXAS AT AUSTIN Austin, TX 78722
SJM July 9, 2014
SPECIFICATIONS
for
COMPETITIVE SEALED PROPOSAL
for
Phase 1 Renovations Hogg Memorial Auditorium (HMA)
Capital Project CP#522444
PROJECT MANAGEMENT & CONSTRUCTION SERVICES FC1, Room 2.102 THE UNIVERSITY OF TEXAS AT AUSTIN Austin, TX 78722
ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc. 2900 South Congress, Suite 200 Austin, TX 78704 (512) 444-4220, (512) 444-4221 (fax) Contact: Larry Irsik Email: [email protected] Firm Registration No. (Engineering Firms Only)
Jaster-Quintanilla & Associates 1508 West Sixth Street Austin, TX 78703 512-474-9094 Contact: Jamie Buchanan Email: [email protected]
MEP Engineer Garza Bury, LLC 221 West Sixth Street, Suite 380 Austin, TX 78701 512-298-3284 Contact: Jared Hunter Email: [email protected]
Schuler Shook 325 North St. Paul Street Dallas, TX 75201 612-339-9958 x102 Contact: Jody Kovalick Email: [email protected]
COMBS Consulting Group 901 S. Mopac, Bldg. 3, #400 Austin, TX 78746 512-433-2696 Contact: Matt Thrasher Email: [email protected]
BAI, LLC 4006 Speedway Austin, TX 78751 512-476-3464 Contact: Chris Roberts Email: [email protected]
Lonestar Environmental Services 12407 N. Mopac, Suite 100-364 Austin, TX 78758 Contact: Tonya Bosher Email: [email protected]
EntomoBiotics, Inc. 8411 Columbia Falls Round Rock, TX 78684 Contact: Jerry Cates Email: [email protected]
HMA Phase I Renovation Hogg Memorial Auditorium (HMA) The University of Texas Austin, Texas
THE ARCHITECT’S SEAL AND SIGNATURE ON THE DRAWING AND PROJECT MANUAL CERTIFIES THAT THE DOCUMENTS WERE DONE BY THE ARCHITECT OR UNDER HIS RESPONSIBLE SUPERVISION FOR THIS PROJECT.
July 31, 2014 Larry Irsik, Registered Architect Date
Seal
7/31/14
NOTE: All portions of this Project Manual are considered by ARCHITEXAS – Architecture, Planning, and Historic Preservation, Inc. to be trade secrets and proprietary information which if released, would give advantage to competitors. As such, these records are exempt from disclosure under Section 3(A)(4) and 3(A)(10) of the Texas Open Records Act.
© ARCHITEXAS – Architecture, Planning, and Historic Preservation, Inc. All Rights Reserved CERTIFICATION
STRUCTURAL CERTIFICATION
1.1 CERTIFICATION
A. I hereby certify that these Specifications have been prepared by me, or under my supervision. I further certify that to the best of my knowledge these Specifications are as required by and in compliance with the Building Codes of the State of Texas. B. I hereby specify that the documents intended to be authenticated by my seal are limited to:
SPECIFICATIONS:
SECTION 033000 – CAST-IN-PLACE CONCRETE SECTION 051200 – STRUCTURAL STEEL SECTION 053100 – STEEL DECK
1.2 PROFESSIONAL SEAL
7.9.14
Hogg Memorial Auditorium Page 1 of 1 ARCHITEXAS Table of Contents CP522444 Mechanic al Specifications
MECHANICAL CERTIFICA TION
1.1 CERTIFICATION
A. I hereby certify that these Specifications have been prepared by me, or under my supervision. I further certify that to the best of my knowledge these Specifications are as required by and in compliance with the Building Codes of the State of Texas.
B. I hereby specify that the documents intended to be authenticated by my seal are limited to:
SPECIFICATIONS:
SECTION 211313 – FIRE PROTECTION SYSTEMS SECTION 221316 – PLUMBING PIPING SECTION 221316.A – PLUMBING SPECIALTIES SECTION 230000 – BASIC MECHANICAL REQUIREMENTS SECTION 230513 – MOTORS SECTION 230529 – SLEEVES, FLASHING, SUPPORTS AND ANCHORS SECTION 230548 – VIBRATION ISOLATION SECTION 230553 – MECHANICAL IDENTIFICATION SECTION 230593 – TESTING, ADJUSTING AND BALANCING SECTION 230593.A – TESTING, ADJUSTING AND BALANCING – CONTRACTOR RESPONSIBILITIES SECTION 230620.13 – HYDRONIC SPECIALTIES SECTION 230713 – DUCTWORK INSULATION SECTION 230716 – EQUIPMENT INSULATION SECTION 230719 – PIPING INSULATION SECTION 230923.A – DIRECT DIGITAL CONTROL SYSTEMS SECTION 232000.A – PIPING, VALVES AND FITTINGS SECTION 232100 – HYDRONIC PIPING SECTION 233100 – DUCTWORK SECTION 233300 – DUCTWORK ACCESSORIES SECTION 233416 – FANS SECTION 233700 – AIR INLETS AND OUTLETS
Hogg Memorial Auditorium Page 1 of 2 The University of Texas at Austin July 7, 2014 GarzaBury MECHANICAL CERTIFICATION CP522444
Mechanic al Specifications
MECHANICAL CERTIFICA TION
SECTION 234100 – FILTERS SECTION 238216 – AIR COILS SECTION 238219 – TERMINAL HEAT TRANSFER UNITS
1.2 PROFESSIONAL SEAL
Date: 7/7/2014
Hogg Memorial Auditorium Page 2 of 2 The University of Texas at Austin July 7, 2014 GarzaBury MECHANICAL CERTIFICATION CP522444
Electrical Specifications
ELECTRICAL CERTIFICA TION
1.1 CERTIFICATION
A. I hereby certify that these Specifications have been prepared by me, or under my supervision. I further certify that to the best of my knowledge these Specifications are as required by and in compliance with the Building Codes of the State of Texas.
B. I hereby specify that the documents intended to be authenticated by my seal are limited to:
SPECIFICATIONS:
SECTION 260000 – BASIC ELECTRICAL REQUIREMENTS SECTION 260000.01 – ELECTRICAL DEMOLITION SECTION 260500 – BASIC ELECTRICAL MATERIAL AND METHOD SECTION 260519 – CABLE WIRE AND CONNECTORS 600V SECTION 260526 – GROUNDING SECTION 260529 – SECURING AND SUPPORTING METHODS SECTION 260533 – RACEWAY CONDUIT AND BOXES SECTION 260553 – ELECTRICAL IDENTIFICATION SECTION 262213 – TRY TYPE TRANSFORMERS SECTION 262416 – PANELBOARDS SECTION 262726 – WIRING DEVICES AND FLOOR BOXES SECTION 262813 – FUSES, 600 VOLTS SECTION 262816 – DISCONNECT SWITCHES SECTION 263323 – LIGHTING INVERTER EQUIPMENT SECTION 263623 – AUTOMATIC TRANSFER AND BYPASS ISOLATION SWITCHES SECTION 265100 – INTERIOR AND EXTERIOR LIGHTING SECTION 283100 – FIRE ALARM AND SMOKE DETECTION SYSTEM
Hogg Memorial Auditorium Page 1 of 2 The University of Texas at Austin July 7, 2013 GarzaBury ELECTRICAL CERTIFICA TION CP522444
Electrical Specifications
ELECTRICAL CERTIFICA TION
1.2 PROFESSIONAL SEAL
Date: 7/7/2014
Hogg Memorial Auditorium Page 2 of 2 The University of Texas at Austin July 7, 2013 GarzaBury ELECTRICAL CERTIFICA TION CP522444
PROJECT MANAGEMENT & CONSTRUCTION SERVICES THE UNIVERSITY OF TEXAS AT AUSTIN SPECIFICATIONS for Phase 1 Renovations Hogg Memorial Auditorium (HMA) TABLE OF CONTENTS SUBJECT PAGES Cover Sheet 1 : 2 Consultant Information Sheet 1 : 8 Table of Contents and Schedule of Drawings 1 : 6 Bidding and Contracting Information Request for Proposals 1 : 34 Information to Proposers 1 : 6 Exhibit “H” – Packages for Submittals Exhibit “H” – Cover, Instructions, Content 1 : 3 Policy on Utilization of Historically underutilized Businesses (HUBs) 1 : 1 Summary of Requirements/HUB Subcontracting Plan 1 : 3 Summary of Attachments Required from Respondents 1 : 2 Letter of Transmittal/Construction 1 : 1 Letter of HUB Commitment – specified proposals 1 : 1 HSP Quick Check List for Building Construction 1 : 1 HUB Subcontracting Plan (HSP) Section 1 – 2: Respondent Information/Subcontracting Intentions 1 : 3 Section 3 – 4, Method B: Good Faith Effort –Subcontractor Selection 1 : 4 HUB Subcontracting Opportunity Notification Form 1 : 1 HUB Subcontracting Plan Prime Contractor Progress Assessment 1 : 1 Letter of Conveyance – Projects Less than $100,000.00 Total Bid 1 : 1 Minority & Trade Organizations Contact Information 1 : 5 Sample Completed HSP Plan Submittal 1 : 18 Contract 1 : 10 Performance Bond 1 : 2 Payment Bond 1 : 2 Uniform General Conditions 1 : 48 Additional General Conditions 1 : 44 Owner’s Special Conditions 1 : 16
HMA CP#522444 091214 TOC-1 TECHNICAL SPECIFICATIONS
General Specifications
Division 01 – General Requirements Section 01 10 00 Summary 1 : 2 Section 01 22 60 Unit Prices 1 : 2 Section 01 23 00 Alternates 1 : 3 Section 01 26 00 Contract Modification Procedures 1 : 2 Section 01 29 00 Payment Procedures 1 : 2 Section 01 31 00 Project Management and Coordination 1 : 2 Section 01 32 00 Construction Progress Documentation 1 : 2 Section 01 33 00 Submittal Procedures 1 : 3 Section 01 35 91 Restoration Project Procedures 1 : 4 Section 01 40 00 Quality Requirements 1 : 2 Section 01 50 00 Temporary Facilities and Controls 1 : 2 Section 01 60 00 Product Requirements 1 : 3 Section 01 73 29 Cutting and Patching 1 : 2 Section 01 77 00 Closeout Procedures 1 : 3
DIVISION 02 - Existing Conditions 1 : 2 02 41 19 Selective Demolition 02 82 13 Asbestos/Lead Abatement 1 : 44
DIVISION 03 - CONCRETE 03 30 00 Cast in Place Concrete 1 : 12
DIVISION 04 – MASONRY 04 01 43 Chemical Cleaning of Masonry 1 : 6 04 90 50 Masonry Restoration 1 : 7
DIVISION 05 - METALS 05 12 00 Structural Steel 1 : 7 05 31 00 Steel Deck 1 : 4 05 70 00 Ornamental Metal 1 : 5
DIVISION 06 - WOOD, PLASTICS AND COMPOSITES 06 10 00 Rough Carpentry 1 : 4 06 42 14 Stile and Rail Wood Paneling 1 : 5
DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07 92 00 Joint Sealers 1 : 4
DIVISION 08 - OPENINGS 08 80 00 Glazing 1 : 4
DIVISION 09 - FINISHES 09 23 01 Gypsum Plaster Restoration 1 : 7 09 68 81 Carpet Tile 1 : 3 09 91 23 Interior Painting and Finishing 1 : 6
DIVISION 11 – EQUIPMENT 11 61 33 Theatre Rigging, Curtains and Tracks 1 : 20
DIVISION 12- FURNISHINGS 12 61 00 Fixed Audience Seating Restoration 1 : 4
Volume 2 Fire Protection / MEP / IT / AV
DIVISION 21 - FIRE SUPPRESSION 21 13 13 Fire Protection Systems 1 : 14
DIVISION 22 – PLUMBING 22 13 16 Plumbing Piping 1 : 17 22 13 16.A Plumbing Specialties 1 : 5
DIVISION 23- HEATING, VENTALATING, AND AIR CONDITIONING 23 00 00 Basic Mechanical Requirements 1 : 22 23 05 13 Motors 1 : 7 23 05 29 Sleeves, Flashings, Supports and Anchors 1 : 13 23 05 48 Vibration Isolation 1 : 7 23 05 53 Mechanical Identification 1 : 6 23 05 93 Testing, Adjusting and Balancing 1 : 10 23 05 93.A System Preparation for Testing, Adjusting and Balancing 1 : 5 23 06 20.13 Hydronic Specialties 1 : 6 23 07 13 Ductwork Insulation 1 : 6 23 07 16 Equipment Insulation 1 : 6 23 07 19 Piping Insulation 1 : 12 23 09 23.A Direct Digital Control Systems 1 : 48 23 20 00.A Piping, Valves and Fittings 1 : 19 23 21 00 Hydronic Piping 1 ; 8 23 31 00 Ductwork 1 : 11 23 33 00 Ductwork Accessories 1 : 8 23 34 16 Fans 1 : 6 23 37 00 Air Outlets and Inlets 1 : 5 23 41 00 Filters 1 : 7 23 82 16 Air Coils 1 : 4 23 82 19 Terminal Heat Transfer Units 1 : 5
DIVISION 26 – ELECTRICAL 26 00 00 Basic Electrical Requirements 1 : 7 26 00 00.01 Electrical Demolition 1 : 3 26 05 00 Basic Electrical Materials and Methods 1 : 6 26 05 19 Cable Wire and Connector, 600 Volt 1 : 7 26 05 26 Grounding 1 : 3 26 05 29 Securing and Supporting Methods 1 : 2 26 05 33 Raceways, Conduits and Boxes 1 : 11 26 05 53 Electrical Identification 1 : 3 26 09 61 Theatrical Lighting, Control and Equipment 1 : 27
26 22 13 Dry Type Transformers 1 : 5 26 24 16 Panelboards 1 : 4 26 27 26 Wiring Devices and Floor Boxes 1 : 7 26 28 13 Fuses, 600 Volts 1 : 2 26 28 16 Disconnect Switches 1 : 2 26 33 23 Lighting Inverter Equipment 1 : 11 26 36 23 Automatic Transfer and Bypass Isolation Switches 1 : 8 26 51 00 Interior and Exterior Lighting 1 : 9
DIVISION 27 – COMMUNICATIONS 27 41 00 Audio-Video Systems 1 : 27
DIVISION 28 – ELECTRONIC SAFETY AND SECURITY 28 31 00 Fire Alarm and Smoke Detection System 1 : 19
APPENDIX Limited Interior Finish Analysis for The University of Texas Hogg Auditorium, prepared by Architexas, dated April 18, 2014.
Lead Survey for Renovation / Demolition for UT Hogg Memorial Auditorium, prepared by Lonestar Environmental Services, dated June 2, 2014.
“AppendixD”, Hazardous Materials Report – Building Materials Survey for the assessment of Asbestos-Containing Building Materials and Lead Based Paint Materials for Hogg Auditorium Renovations, prepared by Terracon Consultants, Inc., dated December 17, 2007.
DRAWINGS Bound Separately from Specifications
Architectural A0.1 Cover Sheet, Locator Map A1.0 Selective Site Demolition Plan A2.0 First Floor Plan A2.1 Floor Plans A3.0 North and South Building Sections A3.1 Sections and Elevations A4.1 Wainscot Details A4.2 Details
Structural SO.0 Structural Notes SO.1 Structural Notes S1.0 Structural Plans and Details
Electrical E1.00 Electrical General Notes and Symbols E2.00 Electrical Basement Demo Plan E2.01 Electrical First Floor Demo Plan E2.02 Electrical Second Floor Demo Plan E3.00 Electrical Basement Plan E3.01 Electrical First Floor Plan E3.02 Electrical Upper Balcony Plan E4.00 Electrical One-Line E4.01 Electrical Panel Schedules
Mechanical
M1.00 Mechanical General Notes and Symbols M2.03 Mechanical Upper Balcony Demolition Plan M3.00 Mechanical Basement Floor Plan M3.01 Mechanical First Floor Plan M3.02 Mechanical Second Floor Plan M3.03 Mechanical Upper Balcony Plan M3.04 Mechanical Roof Plan M4.00 Mechanical Schedules M4.01 Mechanical Details M4.02 Mechanical Photos M5.00 Mechanical Risers & Elevators
Theatre Lighting & Rigging TL100 Theatrical Lighting Stage/Orchestra Layout TL101 Theatrical Lighting Gallery/Balcony Layout TL102 Theatrical Lighting Grid/Attic Layout TL200 Theatrical Lighting Risers TL201 Theatrical Lighting Schedules and Details TL202 Theatrical Lighting Schedules and Details TR100 Theatrical Rigging Stage Plan & Schedule TR101 Theatrical Rigging Grid Plan & Riser TR200 Theatrical Rigging Section TR201 Theatrical Rigging Elevation – Fire Curtain TR202 Theatrical Rigging Elevation – Motorized Lineset TR203 Theatrical Rigging Elevation – Stage Electric
Audio/Visual EAVO.1 Audio/Visual Advisory Power & Data Requirements, Notes EAVO.2 Audio/Visual Device Legend EAVO.3 Audio/Visual Infrastructure Details EAVO.4 Audio/Visual Infrastructure Details EAVO.5 Audio/Visual Conduit Riser EAV1.0 Audio/Visual Basement Plan EAV1.1 Audio/Visual First Floor Plan EAV1.2 Audio/Visual Second Floor Plan EAV1.3 Audio/Visual Upper Balcony Floor Plan EAV2.0 Audio/Visual Building Sections EAV2.1 Audio/Visual Building Sections EAV3.3 Audio/Visual Third Level Reflected Ceiling Plan EAV4.0 Enlarged Audio/Visual Plans EAV4.1 Enlarged Audio/Visual Plans AV5.0 Audio/Visual Details AV5.1 Audio/Visual Details AV5.2 Audio/Visual Details AV5.3 Audio/Visual Details AV5.4 Audio/Visual Details AV5.5 Audio/Visual Details AV6.0 Audio/Visual Mounting Details AV6.1 Audio/Visual Mounting Details AV6.2 Audio/Visual Mounting Details AV7.0 Video and Control Oneline Diagrams AV7.1 Audio/Visual Ethernet Data Network Diagram AV7.2 Audio/Visual Oneline Diagrams AV7.3 Audio/Visual Oneline Diagrams AV7.4 Audio/Visual Oneline Diagrams AV7.5 Audio/Visual Oneline Diagrams AV7.6 Audio/Visual Oneline Diagrams AV7.7 Audio/Visual Oneline Diagrams
REQUEST FOR PROPOSALS
COMPETITIVE SEALED PROPOSALS
CONSTRUCTION – GENERAL CONSTRUCTION for The University of Texas at Austin
Phase 1 Renovations Hogg Memorial Auditorium (HMA)
RFP and MASTER CONTRACT No. 15CSP002
Proposal Submittal Deadlines:
REQUIRED PRE-PROPOSAL CONFERENCE & SITE VISIT September 18, 2014 at 2:00 p.m. CST
SECOND SITE VISIT September 22, 2014 at 1:30 p.m. CST
ADDENDUM ITEMS DUE September 24, 2014 at NOON CST
ENVELOPE NO. 1 October 2, 2014 at 11:30 a.m. CST ENVELOPE NO. 2 October 3, 2014 at 11:30 a.m. CST ENVELOPE NO. 3 October 3, 2014 at 11:30 a.m. CST
HMA CP#522444 091214 RFP - 1
RFP TABLE OF CONTENTS
1. Introduction 1.1 Description of The University of Texas at Austin (“University”) 1.2 Project Background, Description and General Scope 1.3 Objective
2. Notice to Respondents 2.1 General 2.2 Submittal Deadline 2.3 Key Events Schedule 2.4 The University of Texas at Austin Contacts 2.5 Type of Contract 2.6 Inquiries, Clarifications and Interpretations 2.7 Public Information 2.8 Contract Award Process 2.9 Criteria for Selection 2.10 Respondent's Acceptance of Evaluation Methodology 2.11 Commitment 2.12 Historically Underutilized Businesses 2.13 Issuance of Documents 2.14 Eligible Respondents
3. Proposal Requirements 3.1 General Instructions 3.2 Preparation and Submittal Instructions 3.3 Terms and Conditions
4. General Terms and Conditions 4.1 General 4.2 Definitions 4.3 Payment 4.4 Compliance with Law 4.5 Indemnification 4.6 Force Majeure 4.7 Other Benefits 4.8 Non-Disclosure 4.9 Publicity 4.10 Severability 4.11 Non-Waiver of Defaults 4.12 Assignment 4.13 Assignment of Overcharge Claims 4.14 Observance of the University Rules and Regulations 4.15 Notices 4.16 Governing Law
5. Specifications-(Not Applicable) 6. Execution of Offer 7. Pricing and Delivery Schedule 8. Respondent Questionnaire and Evaluation Criteria
HMA CP#522444 091214 RFP - 2
SECTION 1 INTRODUCTION
1.1 Description of the University of Texas at Austin (“University”)
1.1.1 The mission of the University of Texas at Austin is to achieve excellence in the interrelated areas of undergraduate education, graduate education, research and public service.
1.2 Project Background, Description and General Scope
1.2.1 This Project Proposal includes the following project:
Phase 1 Renovations Hogg Memorial Auditorium (HMA)
Work involves the renovation and upgrade of interior spaces of Hogg Memorial Auditorium to improve its functionality and appearance. The work includes new audio/visual systems and new theatre lighting and rigging. Limited improvements to mechanical, electrical, structural and architectural components are also required. A minor amount of site improvements are also a part of this project.
1.2.2 The general Construction Budget range for the project is approximately $1,710,000.00 to $1,938,000.00.
1.3 Objective
1.3.1 The objective of the University of Texas at Austin for this project is to complete the project on time and within the project budget in a safe and workmanlike manner with a minimum of disruption to the existing building occupants. Coordination and cooperation among Contractors and sub-contractors will be a key to success. Work will also be occurring at the same time as other work by the University by other contracts or its own shop forces. Contractor shall be responsible for the coordination of work under this contract with work by Owner and other Contractors.
1.3.2 The project schedule is to complete the project prior to April 17, 2015 CALENDAR DAYS from issuance of Notice to Proceed.
HMA CP#522444 091214 RFP - 3
SECTION 2
NOTICE TO RESPONDENTS
2.1 General
2.1.1 University is accepting Competitive Sealed Proposals from Respondents for a construction contract entitled:
Phase 1 Renovations, Hogg Memorial Auditorium, (HMA)
pursuant to Sec. 51.783, Texas Education Code, in accordance with the terms, conditions and requirements set forth in this Request for Proposals (“RFP”), and CONTRACT NO. 15CSP002 and U.T. Austin Capital Project CP#522444. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.
2.1.2 This Request for Competitive Sealed Proposals (“RFP”) is the only step for selecting a Contractor for the Project as provided by Texas Education Code §51.783(d). The RFP provides the information necessary to prepare and submit Competitive Sealed Proposals for consideration and ranking by the Owner.
2.1.3 The Owner may select the Proposal that offers the “best value” for the institution based on the published selection criteria and on its ranking evaluation. The Owner may first attempt to negotiate a contract with the selected Respondent. The Owner may discuss with the selected Respondent options for a scope or time modification and any price change associated with the modification. If the University is unable to reach a contract with the selected Respondent, the Owner may formally end negotiations with that Respondent and proceed to the next “best value” Respondent in the order of the selection ranking until a contract is reached or all proposals are rejected.
2.1.4 RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP SOLICITATION (INCLUDING ALL ATTACHED DOCUMENTS) CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.
2.1.5 Contractor shall be required to abide by all conditions in all attached documents, including the Uniform and Additional General Conditions, the Information to Proposers, Owner’s Special Conditions, Technical Specifications, Drawings (attached or separately bound), Addenda, etc., as if they were included in this RFP.
HMA CP#522444 091214 RFP - 4
2.2 Submittal Deadline
2.2.1 The University will accept COMPETITIVE SEALED PROPOSALS for selection at Project Management & Construction Services, FC1, Room 2.102, The University of Texas at Austin until the below mentioned times.
2.2.2 Respondents are instructed to complete, sign and return the following documents as part of their proposal submittal. Failure to return these documents may subject the Respondent’s proposal to disqualification. See Section 3 for detailed description of document requirements.
2.2.3 All risks of failure to arrive timely shall be on the bidder.
2.2.4 The following is the submittal schedule and documents required:
(1) SEALED ENVELOPE NO. 1 – Section 6 (Execution of Offer); Section 7 (Pricing and Delivery Schedule); and Letter of Bonding Capacity are due by October 2, 2014 at 11:30 a.m. CST.
Provide one original of each.
The outside of the envelope must be marked with the Respondent’s name and address and marked to show:
“Envelope No. 1 – Section 6, Section 7, and Letter of Bonding Capacity for Phase 1 Renovations, Hogg Memorial Auditorium (HMA)
Submittal Date: October 2, 2014 at 11:30 a.m. CST” Name of Firm submitting:
(2) SEALED ENVELOPE / CONTAINER NO. 2 – Section 8 Submittal Booklets are due by October 3, 2014 at 11:30 a.m. CST at the same below location.
Submit one complete electronic copy on CD [readable by Adobe software (.PDF file)] and a total of six (6) complete bound copies of the entire response submittal booklet (to be submitted in Envelope / Container No. 2 as outlined in this request). The CD submittal shall be considered the Original Response.
The outside of the envelope/container must be marked with the Respondent’s name and address and marked to show:
“Envelope (Container) No. 2 – Submittal Booklets Phase 1 Renovations, Hogg Memorial Auditorium (HMA)
Submittal Date: October 3, 2014 at 11:30 a.m. CST” Name of Respondent:
HMA CP#522444 091214 RFP - 5
(3) SEALED ENVELOPE NO. 3 - The HUB Subcontracting Plan (HSP) is due by October 3, 2014 at 11:30 a.m. CST at the same below location. Provide one original and one copy. The outside of the envelope/container must be marked with the Respondent’s name and address and marked to show:
“Envelope No. 3 – The HUB Subcontracting Plan (HSP) Phase 1 Renovations, Hogg Memorial Auditorium (HMA)
Submittal Date: October 3, 2014 at 11:30 a.m. CST” Name of Respondent:
NOTE: Show the Request for Proposal number and submittal date in the lower left-hand corner of your sealed proposal envelopes (box/container).
Envelopes No. 1, 2, and 3 shall be mailed or delivered to the address listed below: Ms. Mindy J. Cool Project Management & Construction Services The University of Texas at Austin 1301 E. Dean Keeton St., Room 2.102 Austin, TX 78722 2.3 Key Events Schedule:
Issue Notice to Respondents September 12, 2014
Pre-Proposal Conference & Initial Site Visit FS-CNF FC1 1.118C Training Rm C September 18, 2014 at 2:00 p.m. CST
2nd Site Visit September 22, 2014 at 1:30 p.m. CST
Addendum Items Due to Project Manager September 24, 2014 at NOON CST
Envelope No. 1 Proposal Submittal Deadline October 2, 2014 at 11:30 a.m. CST FC1, Rm. 2.102 PMCS
Envelope No. 2 Proposal Submittal Deadline October 3, 2014 at 11:30 a.m. CST FC1, Rm. 2.102 PMCS
(HSP) Plan Envelope No. 3 Proposal Submittal Deadline October 3, 2014 at 11:30 a.m. CST FC1, Rm. 2.102 PMCS
HMA CP#522444 091214 RFP - 6
2.4 University of Texas at Austin Contacts 2.4.1 Any questions or concerns regarding this Request for Proposal shall be directed to:
FOR TECHNICAL ISSUES CONTACT BY EMAIL: Scott Mokry, Project Manager Larry Irsik Project Management & Construction Services Professional Service Provider The University of Texas at Austin ARCHITEXAS - Architecture, Planning, an Historic Preservation, Inc. 1301 E. Dean Keeton, Rm. 2.102 2900 South Congress, Suite 200 Austin, TX 78722 Austin, TX 78704 Telephone: (512) 431-4674 Telephone: (512) 444-4220 Fax Number: (512)471-9942 Fax Number: (512) 444-4221 email: [email protected] email: [email protected]
FOR CONTRACTUAL ISSUES CONTACT BY EMAIL: FOR HUB ISSUES CONTACT BY EMAIL:
Mindy J. Cool, Manager of Muriel D. Kruse, HUB Staff Associate Procurement and Compliance Project Management & Construction Services Project Management & Construction Services The University of Texas at Austin The University of Texas at Austin 1301 E. Dean Keeton, Rm. 2.102 1301 E. Dean Keeton, Rm. 2.102 Austin, TX 78722 Austin, TX 78722 Telephone: 512.471.3042 Telephone: 512.475.6856 Fax Number: 512.471.9942 Fax Number: 512.471.9942 email: [email protected] email:[email protected]
2.4.2 The University specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individuals. For electronic updates to the request for proposals, addenda and future work go to the PMCS website at: http://www.utexas.edu/pmcs/calendar
2.5 Type of Contract: The successful Respondent will be required to enter into the latest version of the contract in the form included in the Specifications. The work will be awarded to the Respondent offering the “best value” to the Owner based on the requirements of the RFP.
2.6 Inquiries, Clarifications and Interpretations: Responses to inquiries -- which directly affect an interpretation or change to this RFP -- will be issued in writing by addendum (amendment) and issued to all parties recorded by the University as having received a copy of the RFP. All such addenda issued by the University prior to the time that proposals are received shall be considered part of the RFP. Respondent shall be required to consider and acknowledge receipt of such in their proposal. It is the responsibility of all respondents to obtain this information in a timely manner. Firms receiving this RFP -- other than directly from the University -- are responsible for notifying the University that they are in receipt of a proposal package and are to provide a name and email address in the event an addendum is issued. All addenda shall be posted on the before-referenced website.
2.6.1 Only those inquiries the University replies to by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect.
HMA CP#522444 091214 RFP - 7
2.6.2 The Respondent must acknowledge all addenda in the Section 7 Pricing and Delivery Schedule.
2.6.3 A Pre-Proposal Conference will be held at FS-CNF FC1 1.118C Training Rm C, The University of Texas at Austin, on September 18, 2014 at 2:00 p.m. CST. The Conference (with representatives of the Owner, Architect, and Engineer), will be held to discuss proposal procedures and requirements, Construction Documents, project special conditions, and HUB good-faith requirements of the Respondent as well as allow visits to the site on specific projects. At this meeting, Respondents will have an opportunity to ask any questions regarding this RFP.
2.6.3.1 ATTENDANCE IS REQUIRED BY THE PRIME CONTRACTOR AT THE PRE-PROPOSAL CONFERENCE AND SITE VISIT. (Only those Respondents on the Pre-Proposal Sign-In Sheet who attend the majority of the CONFERENCE and THE REQUIRED SITE VISIT may submit proposals as prime Contractor.)
2.6.3.2 THE INITIAL SITE VISIT SHALL OCCUR FOLLOWING THE PRE-PROPOSAL CONFERENCE, unless otherwise scheduled by the Owner. Visits to the project site shall only occur at the scheduled time by the Owner.
2.6.3.2.1 A SECOND SITE VISIT SHALL OCCUR ON September 22, 2014 at 1:30 p.m. CST. Meet at the East Main Entrance to the Hogg Memorial Auditorium Building (HMA).
2.6.3.2.2 TO PARK; use the nearby street parking garage (Contractor responsible for cost). There are a few metered on-street parking spaces north of HMA on 24th Street in front of the Littlefield House. The closest University-owned parking garage is the San Antonio Garage.
2.6.3.3 No other site access will occur prior to the proposal submittal deadline.
2.6.3.4 While attending the site visits, all participants shall act in a professional and non-disruptive manner so as not to disturb ongoing use of the facilities.
2.7 Public Information: The University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non- confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded.
2.7.1 Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFP information.
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2.8 Contract Award Process: An award for the construction services specified herein will be made following a procedure using Competitive Sealed Proposals. Proposals will be opened publicly to identify the names of the Respondents and the monetary proposals. Other contents of the proposals will be afforded security sufficient to preclude disclosure of the contents of the proposal prior to award. Within 45 days after the date of opening the proposals, the University will evaluate and rank each proposal with respect to the selection criteria contained in this RFP. After opening and ranking, an award may be made on the basis of the proposals initially submitted -- without discussion, clarification or modification -- or, the University may discuss with the selected Respondent offers for cost reduction and other elements of the Respondent’s proposal. If the University determines that it is unable to reach a contract satisfactory to the University with the selected Respondent, then the University will terminate discussions with the selected Respondent and proceed to the next Respondent in order of selection ranking until a contract is reached or the University has rejected all proposals. The University may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. The University reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request; award multiple Contracts; or to reject any and all proposals if deemed to be in the best interests of the University. If so, the University reserves the right to re-solicit for new proposals, or to reject any and all proposals -- if deemed to be in the best interests of the University -- and to temporarily or permanently abandon the procurement. If the University awards a Contract, it will award the Contract to the Respondent most advantageous to the University and offers the best value, considering price and the evaluation factors set forth in this RFP.
2.9 Criteria for Selection: The Respondent(s) selected will be the Respondent whose qualifications, as presented in the response to this RFP, are the most advantageous and offer the best value to the University.
2.9.1 University personnel will evaluate responses. The criteria for evaluation of proposals, and selection of the qualified Respondent(s), will be based on the factors listed below:
2.9.1.1 Proposed Cost set forth in Section 7.
2.9.1.2 Responses to Evaluation Criteria included in Section 8.
2.9.2 The weighting of the cost criteria in 2.9.1.1 and the multiple qualification criteria in 2.9.1.2 will be assigned prior to receipt of the above information.
2.10 Respondent's Acceptance of Evaluation Methodology: By submitting a Proposal in response to this RFP, the Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” Respondent will require subjective judgments by the Owner. The Owner reserves the right to consider any Proposal “non- responsive” if the Base Proposal Cost is determined to be unreasonable or irresponsible in relation to the other submitted Proposals and/or the Owner’s estimate of the construction cost.
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2.11 Commitment: Respondent understands and agrees that this RFP is issued predicated on anticipated requirements for this specific project and RFP and that the University has made no representation, written or oral, that any such requirements be furnished under a Contract arising from this RFP. Furthermore, Respondent recognizes and understands that any cost borne by the Respondent which arises from Respondent’s performance hereunder shall be at the sole risk and responsibility of Respondent.
2.12 Historically Underutilized Businesses – (See attached Exhibit H): It is the policy of The University of Texas at Austin, and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUBs) in all contracts. Accordingly, the University has adopted Exhibit H, Policy on Utilization of Historically Underutilized Businesses (Policy). The Policy applies to all contracts with an expected value of $100,000 or more. If the University determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Response. Failure to submit a required HUB Subcontracting Plan (HSP) will result in rejection of the Response.
2.12.1 THE REQUIRED HUB SUBCONTRACTING PLAN SHALL BE SUBMITTED IN A SEPARATE ENVELOPE NO. 03 AS STATED EARLIER IN THE RFP. THE ACCEPTANCE OF THE HSP SUBMITTAL WILL PREDICATE OPENING AND REVIEW OF THE COST AND QUALIFICATION PROPOSAL.
2.13 Issuance of Documents: BID DOCUMENTS WILL BE AVAILABLE FOR DISTRIBUTION ON OR ABOUT September 15, 2014. Respondents may obtain bid documents through the PMCS website at: www.utexas.edu/pmcs/calendar Or if required, by contacting Project Management & Construction Services, 1301 E. Dean Keeton St., Room 2.102, the University of Texas at Austin.
2.14 Eligible Respondents: Only individual firms or lawfully formed business organizations may apply. (This does not preclude a Respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Proposal.
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SECTION 3
PROPOSAL REQUIREMENTS
3.1 General Instructions
3.1.1 Respondents should carefully read the information contained herein, and the Design Criteria Package, and submit a complete response to all requirements and questions as directed.
3.1.2 Proposals and any other information submitted by Respondents in response to this Request for Proposal shall become the property of the University.
3.1.3 The University will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated or required by law. Respondents submit proposals at their own risk and expense.
3.1.4 Proposals which are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by the University, at its option.
3.1.5 Each proposal should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the University's needs.
3.1.6 The University makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the University's best interest. Representations made within the proposal will be binding on responding firms. The University will not be bound to act by any previous communication or proposal submitted by the Respondents other than this RFP and related Addenda.
3.1.7 Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of Respondent’s proposal.
3.2 Preparation and Submittal Instructions
3.2.1 Envelope No. 1: As part of their proposal response in Envelope No. 1, Respondents must complete, sign and return:
Execution of Offer, Section 6, with original signature; Pricing and Delivery Schedule, Section 7, with original signature; and Proposal Letter of Bonding Capacity (Also see Information to Proposers Article VIII),
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3.2.1.1 Execution of Offer, Section 6.
3.2.1.1.1 Respondent must submit the entire Execution of Offer, Section 6, document, with original signature.
3.2.1.1.2 By signing the Execution of Offer and submitting a proposal, Respondent certifies that any attached or referenced terms, conditions, or documents are applicable to this procurement only to the extent that they do not conflict with the statutes or Administrative Code of the State of Texas, or the advertised terms and conditions, and that they do not impose additional requirements on the University. Respondent further certifies that the submission of a proposal is Respondent's good faith intent to contract with the University as specified herein and that such intent to contract is not contingent upon the University's acceptance or execution of any such attached or referenced terms, conditions, or other documents.
3.2.1.2 Pricing and Delivery Schedule, Section 7.
3.2.1.2.1 Pricing reflects the full Scope of Work defined herein; inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit, or as otherwise defined, as appropriate.
3.2.1.2.2 The University will not recognize or accept any charges or fees to perform this work that are not specifically stated in the Respondent's proposal.
3.2.1.2.3 Cash or prompt payment discounts will not be considered in determining an award. All payment discounts offered will be taken, if earned and deemed in the University's best interest.
3.2.1.3 Proposal Letter of Bonding Capacity
3.2.1.3.1 All project Proposals that have a minimum dollar value of $25,000 or more shall require a letter from an approved Bonding Company indicating that the Respondent has Bonding capacity equaling or exceeding the Maximum Possible Award (including consideration of additive alternates) of the Proposal submitted, and shall timely issue the applicable Payment Bond (and Performance Bond if the Maximum Possible Award is over $100,000) in the amount of the awarded agreement. This Letter from the Bonding Company shall be submitted with the Proposal in Envelope No. 01; as stated in the RFP or Notice to Proposers.
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3.2.2 Envelope No. 2: As part of the Proposal response in Envelope No. 2, Respondent must answer the criteria outlined in Section 8 of this Proposal and presented according to 3.2.2.1. through 3.2.2.4. below.
3.2.2.1 Page Size, Binders and Dividers: Proposal responses must be typed on letter-size (8-1/2” x 11”) paper. You may include 11” x 17” sheets if folded into 8-1/2” x 11” size. The University requests that responses be submitted in a binder. Preprinted material should be referenced in the response and included as labeled attachments. Sections should be divided by tabs for ease of reference. Binders shall not exceed 1” in thickness and may be 3-ring, spiral, or any methods that are easily used to contain and organize submittal data.
3.2.2.2 Table of Contents: Include with the Proposal response a Table of Contents that includes page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the sections of the response as well as separate attachments (which should be included in the main Table of Contents). Supplemental information and attachments included by the Respondent (i.e., not required) should be clearly identified in the Table of Contents and provided as a separate section.
3.2.2.3 Pagination: All pages of the Proposal response should be numbered sequentially in Arabic numerals (1, 2, 3, etc.). Attachments should be numbered or referenced separately.
3.2.2.4 Number of Copies: See paragraph 2.2.4 (item 2) for number and type of copies.
3.2.3 Envelope No. 3: As part of their Proposal response in Envelope 3, responses to this RFP should consist of a listing of all subcontractors by trade as required and shown in the HUB Subcontracting Plan (see attached Exhibit H), even if they are mentioned elsewhere in the submittal package. The selected sub-contractors listed in the HSP Plan shall match those listed and qualified in the response to the Selection Criteria shown in Section 8 and submitted in Envelope 2.
3.2.4 Submission
3.2.4.1 All required Proposal responses and submittals and any supplemental printed material referenced with the RFP, must be submitted and received in the University Project Management & Construction Services on or before the time and date specified, pursuant to the Notice to Respondents (ref. Subsection 2.2) and delivered to:
Mindy J. Cool, Assistant Manager of Contracting Services Project Management & Construction Services The University of Texas at Austin 1301 E. Dean Keeton St., Room 2.102 Austin, Texas 78722
NOTE: Show the Request for Proposal number and submittal date in the lower left-hand corner of your sealed proposal envelope (box/container).
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3.2.4.2 The materials submitted must be enclosed in a sealed envelope (box or container); the package must show clearly the submittal deadline; the RFP number must be clearly visible; and name and the return address of the Respondent must be clearly visible.
3.2.4.3 Late Proposal responses properly identified will be returned to Respondent unopened. Late responses will not be considered under any circumstances.
3.2.4.4 Telephone Proposal responses are not acceptable when in response to the Request for Proposal.
3.2.4.5 Facsimile (“FAX”) Proposal Responses are not acceptable when in response to this Request for Proposal.
3.2.5 Withdrawal or Modification: No Proposal response may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension of deadline by addenda. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by the University which shall be based on Respondent’s submittal, in writing, of a reason acceptable to the University.
3.2.6 Validity Period: Proposal responses are to be valid for the University's acceptance for a minimum of 120 calendar days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall remain valid for the life of the Contract 3.3 Terms and Conditions: The General Terms and Conditions (ref. Section 4) shall govern any contract issued as a result of this solicitation (RFP), except as provided in 3.3.1. below.
3.3.1 All Respondents must comply with the requirements listed on any Notice to Respondents, Proposal Requirements, Specifications/Service Requirements, and General Terms and Conditions herein. In the event there is a conflict expressed in this document, the provision requiring the Respondent to supply the better quality or greater quantity shall prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence: 1. Specifications 2. Contract form including general conditions 3. General Terms and Conditions 4. Proposal Requirements 5. Notice to Respondents
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SECTION 4
GENERAL TERMS AND CONDITIONS
4.1 General: These General Terms and Conditions shall be made a part of and govern any Purchase Order and/or Contract, if any, resulting from this Request for Proposal.
4.2 Definitions: Whenever the following terms are used in these General Terms and Conditions or in the other Contract Documents the intent and meaning shall be interpreted as follows:
4.2.1 Project shall mean the complete undertaking by Contractor to provide the goods and/or services contemplated by the Contract.
4.2.2 Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP.
4.2.3 University shall mean The University of Texas at Austin, Austin, Texas.
4.3 Payment:
4.3.1 Prior to ten (10) calendar days before the end of each calendar month during the term of this Agreement, Contractor shall submit to the University an application for payment covering the services performed to that date, which application shall be accompanied by lien waivers and other forms, statements, invoices, and payroll reports that the University may reasonably require to support the amount requested and to be submitted. The University will, within thirty (30) calendar days from the date it receives an acceptable application and supporting documentation for payment, approve or disapprove the amount reflected in such application and if the University approves such amount or any portion of such amount, it shall promptly pay to Contractor the amount so approved, provided Contractor is not in breach of or in default under this Agreement. If the University disapproves any amount requested by Contractor, the University shall give Contractor specific reasons for its disapproval in writing.
4.3.2 The cumulative amounts of monthly progress payments as set forth in this Article ("Progress Payment") shall not exceed the amount of Contractor’s total price, previously approved and accepted by the University, for the goods or services hereunder.
4.3.3 Ten (10) calendar days after final completion of the goods or services and acceptance thereof by the University or as soon thereafter as possible, Contractor shall submit a final request ("Final Request") which shall set forth all amounts due and remaining unpaid to Contractor and upon approval thereof by The University, The University shall pay to Contractor the amount due ("Final Payment") under such Final Request.
4.3.4 Any provision hereof to the contrary notwithstanding, The University shall not be obligated to make any payment (whether a Progress Payment or Final Payment) to Contractor hereunder if any one or more of the following conditions precedent exist: HMA CP#522444 091214 RFP - 15
4.3.4.1 Contractor is in breach or default;
4.3.4.2 Any part of such payment is attributable to goods or services which are not performed in accordance with this Contract, provided, however, such payment shall be made as to the part thereof attributable to goods and services which are performed in accordance with this Contract, or the resultant purchase order or agreement;
4.3.4.3 Contractor has failed to make payments promptly to its consultants, subcontractors, suppliers, or other third parties used in connection with the goods or services for which the University has made payment to Contractor; or
4.3.4.4 If The University, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the goods or services in accordance with this Contract, no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the goods and services so that such portion of the compensation then remaining unpaid is determined by the University to be sufficient to so complete the goods and services.
4.3.5 No partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the goods or services to which such partial payment relates or relieve Contractor of any of its obligations hereunder with respect thereto.
4.3.6 Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the performance of its obligations pursuant to this Contract.
4.3.7 The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Request for payment.
4.3.8 The University shall have the right to verify the details set forth in Contractor's billings, certificates, and statements, either before or after payment therefore, by: (1) inspecting the books and records of Contractor at mutually convenient times; (2) examining any reports with respect to this Project; (3) interviewing Contractor's business employees; (4) visiting any place where performance of all or a portion of the Project occurs; and (5) other reasonable action.
4.3.9 Invoices must reference the University RFP and Contract number and must agree in every detail with the Contract.
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4.4 Compliance with Law: Contractor is aware of, is fully informed about, and in full compliance with its obligations under existing applicable law and regulations, including Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000(D)), Executive Order 11246, as amended (41 CFR 60-1 and 60-2), Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250), Rehabilitation Act of 1973, as amended (41 CFR 60- 741), Age Discrimination Act of 1975 (42 USC 6101 et seq.), Non-segregated Facilities (41 CFR 60-1), Omnibus
4.4.1 Budget Reconciliation Provision, Section 952, Fair Labor Standards Act of 1938, Sections 6, 7, and 12, as amended, Immigration Reform and Control Act of 1986, and Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96- 507), the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), the Civil Rights Act of 1991 and all laws and regulations and executive orders as are applicable.
4.5 Indemnification
4.5.1 To the fullest extent permitted by applicable law, the Contractor and its agents, partners, employees, and consultants (collectively "indemnitors") shall and do agree to indemnify, protect, defend with counsel approved by the University, and hold harmless the University and the University of Texas System, its affiliated enterprises, representatives of the University, and their respective officers, directors, regents, partners, employees and agents (collectively "indemnitees") from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively "liabilities") of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by Contractor pursuant to this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any indemnitee. In the event more than one of the indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such indemnitors shall be jointly and severally responsible to the indemnitees for indemnification and the ultimate responsibility among such indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any indemnitee. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which the University or any of the indemnitees has by law.
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4.5.2 Contractor shall protect and indemnify the University from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent, or copyright, arising by or out of any of the services performed or goods provided hereunder or the use by Contractor, or by the University at the direction of Contractor, of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, the University shall promptly notify Contractor and Contractor shall be given full opportunity to negotiate a settlement. Contractor does not warrant against infringement by reason of the University's design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, the University agrees to cooperate reasonably with Contractor and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense.
4.5.3 The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever.
4.6 Force Majeure: If either the University or Contractor (individually, a “Party”) is delayed at any time in the performance of its obligations hereunder by economic industry-wide strikes, fire, unusual delay in deliveries, unavoidable casualties, or other causes reasonably beyond such Party’s control and which could not have been reasonably anticipated by such Party, then the time for performance of such Party shall be extended by one (1) calendar day for each day of such delay.
4.7 Other Benefits: It is understood and agreed that no benefits, payments or considerations received by Contractor for the performance of services associated with and pertinent to the resultant Contract shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of, the State.
4.8 Non-Disclosure: Contractor and the University acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of whether directly or indirectly affiliated with Contractor or the University, unless (i) required by law, (ii) by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (iv) such information has been acquired from other sources.
4.9 Publicity: Contractor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the University's employees or use the University's name in connection with any sales promotion or publicity event without the prior express written approval of the University.
4.10 Severability: In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein.
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4.11 Non-Waiver of Defaults: No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by the other party hereto of any of the provisions of this Contract shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements thereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement therein contained.
4.12 Assignment: The agreement with Contractor is a personal service contract for the services of Contractor, and Contractor's interest in such agreement, duties there under and/or fees due there under may not be assigned or delegated to a third party. The benefits and burdens of this agreement are, however, assignable by the University.
4.13 Assignment of Overcharge Claims: Contractor hereby assigns to the University any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A., Sec. 1 et seq. (1973), or arising under the antitrust laws of the State of Texas, Texas Business and Commerce Code Annotated, Sec. 15.01, et seq. (1967).
4.14 Observance of the University Rules and Regulations: Contractor agrees that at all times its employees will observe and comply with all regulations of the facilities, including but not limited to, no use of tobacco products, and parking and security regulations.
4.15 Notices: Any notices required or permitted to be given shall be in writing and effective upon receipt and shall be sent by certified mail, return receipt requested, postage pre-paid, addressed as follows:
If to Contractor, to the Contractor's last known mailing address. If to the University:
Ms. Mindy J. Cool Manager of Procurement and Compliance Project Management & Construction Services The University of Texas at Austin Facilities Complex Building #1, Rm. 2.102 1301 E. Dean Keeton St. Austin, TX 78722
4.16 Governing Law: This Contract, including, without limitation, this RFQ/RFP and any resulting agreement or purchase order, shall be construed and governed by the laws of the State of Texas.
SECTION 5
SPECIFICATIONS
THIS SECTION NOT USED
(REFER TO REMAINDER OF THE DOCUMENTS IN THE RFP, PROJECT MANUAL, TECHNICAL SPECIFICATIONS AND DRAWINGS, INCLUDING ADDENDA.)
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SECTION 6
EXECUTION OF OFFER for Phase 1 Renovations Hogg Memorial Auditorium (HMA)
RFP and CONTRACT NO.: 15CSP002
6.1 THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSAL MAY RESULT IN REJECTION OF THE PROPOSAL.
6.2 SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSAL OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT’S PROPOSAL, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS AT THE UNIVERSITY. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT THE UNIVERSITY'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR PURCHASE ORDER.
6.3 By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for proposal and is not a contract or an offer to contract; (2) the submission of a proposal by Respondent in response to this RFP will not create a contract between the University and Respondent; (3) The University has made no representation or warranty, written or oral, that one or more contracts with the University will be awarded under this RFP; and (4) Proposer shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFP.
6.4 By signature hereon, Respondent offers and agrees to furnish to the University the products and/or services more particularly described in its proposal, at the at the prices quoted in the proposal, and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein.
6.5 By signature hereon, Respondent affirms that he has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted proposal.
6.6 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.
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6.7 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or institution represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.
6.8 By signature hereon, Respondent represents and warrants that:
6.8.1 Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFP;
6.8.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP;
6.8.3 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;
6.8.4 Respondent understands (i) the requirements and specifications set forth in this RFP and (ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate;
6.8.5 Respondent, if selected by the University, will maintain insurance as required by the Contract;
6.8.6 All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Respondent acknowledges that the University will rely on such statements, information and representations in selecting the Successful Respondent. If selected by the University as the Successful Respondent, Respondent will notify the University immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.
6.9 By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent’s proposal.
6.10 By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Respondent as defined in Rule 1 TAC 111.2.
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6.11 By signature hereon, Respondent certifies as follows:
6.11.1 “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”
6.11.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”
6.11.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and qualifications only.”
6.12 By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any the University of Texas component, or Respondent has not been an employee of any the University of Texas component within the immediate twelve (12) months prior to your RFP response. All such disclosures will be subject to administrative review and approval prior to the University entering into any contract with Respondent.
6.13 By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. (ref. Section 2155.004 Texas Government Code).
6.14 Respondent represents and warrants that all articles and services quoted in response to this RFP meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.
6.15 By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.
6.16 By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s proposal.
6.17 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements which may result from the submission of Respondent’s proposal will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.
HMA CP#522444 091214 RFP - 22
Please complete the following:
Respondent’s University of Texas VIN No: ______(If previously assigned) Respondent’s EIN No: ______
If Sole Owner: Respondent’s EIN No: ______
If a Corporation: Respondent’s State of Incorporation: ______
Respondent’s Charter No.: ______
Please identify each person who owns at least 25% of Respondent’s business entity by name and EIN number:
______Name
______Name
______Name
______Name
Submitted and Certified By:
______(Respondent’s Name) (Authorized Signature)
______(Date) (Printed Name/Title)
______(Telephone Number) (Facsimile Number)
______(Street Address) (City, State, Zip Code)
HMA CP#522444 091214 RFP - 23
SECTION 7 (ref 2.9.1.1) PRICING AND DELIVERY SCHEDULE
for
Phase 1 Renovations Hogg Memorial Auditorium (HMA)
RFP and CONTRACT NO.: 15CSP002
Submission Date:______PROPOSAL submitted by
(Full Legal Name of Firm Responding)
(Respondent Web Site Address) (if available)
(Contact Email Address)
(Street Address)
(City) (State) (Zip)
(Mailing Address)
(City) (State) (Zip)
(Telephone No.) (Fax No.)
(UT Vendor Identification No. - VIN#) [State or Federal Tax No. (EIN)]
Ms. Mindy J. Cool Manager of Procurement and Compliance Project Management & Construction Services The University of Texas at Austin 1301 E. Dean Keeton Street. Rm. 2.102 Austin, TX 78722
Dear Ms. Cool:
Having carefully examined the UNIFORM GENERAL CONDITIONS, ADDITIONAL GENERAL CONDITIONS, OWNER’S SPECIAL CONDITIONS, the Drawings and Specifications and addenda thereto, as prepared by and for Project Management & Construction Services, The University of Texas at Austin, as well as the Project premises and all the conditions affecting the work, the undersigned proposes to furnish all labor, materials, and equipment necessary to complete the entire work in accordance with the Contract Documents for the following sum:
HMA CP#522444 091214 RFP - 24
Dollar amounts for Base Proposal and all Alternates (if any) shall be shown in both written and figure form. In case of discrepancy between the written amount and the figure, the written amount will govern.
BASE PROPOSAL, GENERAL CONTRACT (Exclusive of alternate proposals.)
DOLLARS ($ )
PROPOSAL ALTERNATES, GENERAL WORK: The Owner reserves the right to accept or reject any alternate in the order of its own choosing.
SCHEDULE OF ALTERNATES:
Alternate #1 Stage Rigging and Stage Lighting
ADD TO the Base Bid, the sum of:
DOLLARS ($ )
Alternate #2 Curtains
ADD TO the Base Bid, the sum of:
DOLLARS ($ )
Alternate #3 Stone Planters
ADD TO the Base Bid, the sum of:
DOLLARS ($ )
Alternate #4 Lobby Carpet
ADD TO the Base Bid, the sum of:
DOLLARS ($ )
Alternate #5 Conduit
ADD TO the Base Bid, the sum of:
DOLLARS ($ )
HMA CP#522444 091214 RFP - 25
Alternate #6 Auditorium Painting
ADD TO the Base Bid, the sum of:
DOLLARS ($ )
Alternate #7 Auditorium Seating
ADD TO the Base Bid, the sum of:
DOLLARS ($ )
UNIT PRICES FOR GENERAL CONSTRUCTION: The undersigned further agrees that in case additional work or material is authorized from what is shown in the Contract, the following items of unit prices will be used in adjusting the Contract Price. The unit prices include overhead, profit, miscellaneous devices, appurtenances and similar items incidental to or required for a complete installation whether or not mentioned as part of the Unit Price, etc. Unit prices to be used for adjusting the Contract Price for more work or less work or material will be 100% of these amounts.
If, after the Contract Sum is established and contract signed, the Owner chooses to change the scope of work in an area described by Unit Prices, the Unit Prices proposed on the proposal form will prevail in establishing a change order proposal. Said contract change order will be processed in the same manner as described elsewhere in these Specifications. Payment to Contractor cannot be guaranteed for any work performed outside the Contract which has not been formally processed, and included in a change order.
SCHEDULE OF UNIT PRICES:
Unit Price Item #1: Plaster Restoration DOLLARS $ ______Per Sq. Ft.
DURATION OF CONSTRUCTION:
The undersigned further agrees, if awarded the contract: All work for this project be completed by the end of the day on April 17, 2015.
ADDENDA:
Receipt is hereby acknowledged of the following addenda:
No. No. No. No. No.
HMA CP#522444 091214 RFP - 26
LIQUIDATED DAMAGES:
The undersigned further agrees that, from the compensation otherwise to be paid, the Owner may retain the sum of $250.00 for each calendar day after the Contract completion date that the work remains incomplete or not occupiable, which sum is agreed upon as the proper measure of Liquidated Damages which the Owner will sustain per diem by the failure of Undersigned to complete the work at the time stipulated in the Contract. Liquidated Damages shall run until the project is completed. This sum is not construed in any sense as penalty.
SUBMITTAL OF COMPLETED CONTRACT DOCUMENTS:
The undersigned agrees, if awarded the Contract, to execute the Contract, Performance and Payment Bonds, Certificate of Insurance and Certification of Franchise Tax Payment within "Bonds In" (SEVEN (7) CALENDAR DAYS) after receipt of the contract and to commence work on the commencement date stated by the Owner in a Notice to Proceed.
PROPOSAL LETTER OF BONDING CAPACITY:
All project Proposals that have a minimum dollar value of $25,000.00 or more shall require a letter from an approved Bonding Company indicating that the Respondent has Bonding capacity equaling or exceeding the Maximum Possible Award (including consideration of additive alternates) of the Proposal submitted, and shall timely issue the applicable Payment Bond (and Performance Bond if the Maximum Possible Award is over $100,000.00) in the amount of the awarded agreement. This Letter from the Bonding Company shall be submitted with the Proposal in Envelope No. 01; as stated in the RFP or Notice to Proposers.
In Construction Manager at Risk, Design Build or Job Order Contracting Master RFP’s, the letter from an approved Bonding Company shall be based on a minimum Bonding Capacity based on the Maximum estimated value stated in the RFP, and shall timely issue the applicable Payment Bond (if maximum estimated value is over $25,000.00) and Performance Bond (if maximum estimated value is over $100,000.00) in the amount of the each awarded GMP (or Job Order) agreement that require Bonding. This Letter from the Bonding Company shall be submitted with the Proposal in Envelope No. 01; as stated in the RFP or Notice to Proposers.
It is understood that the Owner reserves the right to accept or reject any and all Proposals and to waive Proposal irregularities. It is further agreed that this Proposal shall be valid and not withdrawn for a period of one hundred and twenty (120) calendar days from the date of opening thereof.
PARTICIPATION BY HISTORICALLY UNDERUTILIZED BUSINESSES:
ON ALL PROJECTS WITH A BID OVER $100,000.00, The Bidder agrees to SUBMIT A “HUB SUBCONTRACTING PLAN” with all applicable attachments, AT THE TIME AND DATE INDICATED IN THE NOTICE TO BIDDERS OR APPLICABLE ADDENDA. IT IS FURTHER UNDERSTOOD THAT THE OWNER MAY REJECT ANY RESPONSE THAT DOES NOT INCLUDE A FULLY COMPLETED “HUB SUBCONTRACTING PLAN”, AS REQUIRED IN THE BID DOCUMENTS.
ALL CONDITIONS OF EXHIBIT “H”, INCLUDED IN THE SPECIFICATIONS SHALL BE ADHERED TO.
HMA CP#522444 091214 RFP - 27
ACCEPTANCE OF PROPOSAL OR AWARD OF CONTRACT:
By signing this proposal, the undersigned certifies that they are in compliance with all State laws applicable in offering proposals to a State entity including the following:
“Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this Proposal or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”
“Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, Proposal, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”
Respectfully submitted,
By (Original Signature)
Typed or Printed Full Name and Title
(Seal: If Proposal by a Corporation) Full Name of President of Corporation or Owner/Sole Proprietor of Non-Corporation
Full Name of Corporate Secretary
Fill in the applicable information: A Corporation, chartered in the State of , authorized to do business in the State of Texas. A partnership, composed of , and . An individual, operating under the name of: . A Limited Liability Company, composed of , and . A Joint Venture, operating under the name of: .
HMA CP#522444 091214 RFP - 28
SECTION 8 (ref 2.9.1.2)
RESPONDENT QUESTIONNAIRE AND EVALUATION CRITERIA for
Phase 1 Renovations Hogg Memorial Auditorium (HMA)
RFP and CONTRACT NO.: 15CSP002
Respondents are requested to submit a complete response to each of the below listed items. Responses requiring additional space should be brief and submitted as an attachment to your proposal package. Please reference each response by its item number indicated below.
1. CRITERION: THE RESPONDENT’S (FIRM’S) ABILITY TO PERFORM THE CONSTRUCTION SERVICES FOR THE PROJECT:
1.1 GENERAL INFORMATION:
1.1.1 Legal name of the company:
1.1.1.1 The number of years the firm has been in business under this name:
1.1.1.2 Former business name and other assumed names if applicable:
1.1.1.3 Mailing and street address of office, which would be providing service:
(mailing address)
(city, state, zip)
(physical street address)
(city, state, zip)
1.1.1.4 Mailing and street address of Principle or headquarters office:
(mailing address)
(city, state, zip)
(physical street address)
(city, state, zip) HMA CP#522444 091214 RFP - 29
1.1.1.5 Type of operation (check one): Individual: __ Partnership: __ Corporation: __ Government: __ 1.1.1.6 Number of employees assigned to the office which would be providing service: 1.1.1.7 Annual sales volume during the last five (5) years for the office which would be providing service: 1.1.1.8 Annual sales volume during the last five (5) years for the entire firm:
1.1.2 State that you will provide a copy of your company's financial statements for the past two (2) years, if requested by the University. 1.1.3 What is your firm’s maximum bonding capacity? 1.1.4 Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organization and company direction. 1.1.5 Provide any details of all past or pending litigation or claims filed against your company that would affect your company's performance under a Contract with the University. 1.1.6 Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If yes, specify date(s), details, circumstances, and prospects for resolution. 1.1.7 Does any relationship exist whether by relative, business associate, capital funding agreement or any other such kinship exist between your company and any University employee? If yes, please explain. 1.1.8 Provide examples of your company's service support philosophy, such as response to client inquiry of potential change and time to follow up with warranty issues.
2. CRITERION: THE RESPONDENT’S (TEAM’S) CAPABILITY TO PERFORM THE SPECIFIC CONSTRUCTION SERVICES FOR THE PROJECT:
2.1 IN HOUSE TEAM’S PERFORMANCE ON CONSTRUCTION PROJECTS FOR INSTITUTIONS OF HIGHER EDUCATION (UNIVERSITIES AND COLLEGES) OR SIMILARLY COMPLEX FACILITIES WHICH MAINTAIN CONTINUOUS OPERATION DURING CONSTRUCTION (HOSPITALS, LABS, SEMI- CONDUCTOR, ETC.):
2.1.1 Name all key personnel (i.e., executives, Project Managers, superintendents, safety officers, estimators, etc.), which will be part of the construction team for this project and fully describe their respective line of authority and responsibilities for the proposed project. In the event that the key personnel are not available, provide the same information on your proposed alternate Project Manager and Superintendent upon award of the project.
HMA CP#522444 091214 RFP - 30
2.1.2 Provide detailed information for the above-proposed project team members to include (at a minimum): their specific experience and expertise with similar projects; number of years with your company; their respective licenses and / or certifications; and their city of residence. (Note: Key personnel must be committed to this project for its duration unless excused by the Owner.)
2.1.3 Provide a customer reference list of no less than three (3) projects with which Respondent currently has contracts with and/or has previously provided General Construction projects of equal type and scope within the past five (5) years. Reference list to include: company name; contact person and telephone number; project description; (i.e., year of project, summary of work performed, etc.); construction cost (include original cost and final construction cost); current phase of development; estimated (or actual) completion date; type of construction services provided (i.e., CM at Risk with GMP, CM-Agency, Design/Build, General Contractor-conventional bid, Negotiated General Contract); and the name and telephone number of the project architect.
2.1.4 In determining which projects are most related describe: related size, complexity and how they are similar; how many members of the proposed team worked on the listed project; and, how recently the project was completed. List the projects in priority order, with the most related project listed first.
2.2 YOUR SUBCONTRACTORS’ CAPABILITIES AND PERFORMANCE ON CONSTRUCTION PROJECTS FOR INSTITUTIONS OF HIGHER EDUCATION (UNIVERSITIES AND COLLEGES) OR SIMILARLY COMPLEX FACILITIES WHICH MAINTAIN CONTINUOUS OPERATION DURING CONSTRUCTION (HOSPITALS, LABS, SEMI-CONDUCTOR, ETC.):
2.2.1 List the subcontractors that you plan to use and indicate their relative expertise for this project.
2.2.2 Describe your methods to assure proper selection of competent sub-contractors while adhering to HUB requirements in Exhibit H.
2.2.3 Provide a customer reference list of no less than three (3) projects with which your Subcontractors currently have contracts with and/or have previously provided Insert PROJECT TYPE (Ex. General Construction, Fire Sprinkler, Office Renovation) PROJECTS of equal type and scope within the past five (5) years.
2.2.3.1 Reference list to include: company name; contact person and telephone number; project description indicating how the project is equal in type and scope; length of business relationship and background of project (i.e., year of project, summary of work performed, etc.).
3. CRITERION: THE RESPONDENT’S DEMONSTRATED TECHNICAL AND MANAGEMENT COMPETENCE AS A CONTRACTOR WITH Insert PROJECT TYPE (Ex. General Construction, Fire Sprinkler, Office Renovation) PROJECTS.
HMA CP#522444 091214 RFP - 31
3.1 Describe the types of records, reports, monitoring systems, and information management systems, which your firm used in the management of the projects listed above. Describe how you used these systems for three (3) of the projects listed in response to this Section 8.
3.2 Describe your firm’s quality control program for each phase of this project and how you propose to control the quality of construction performed by your subcontractors.
3.3 Describe the way in which your firm develops and maintains project schedules utilizing the critical path method.
3.3.1 How often do you update schedules? 3.3.2 For three of the projects listed in response to this Section 8, provide examples of how these techniques were used. Include specific examples of scheduling challenges, and how your firm helped solve them. 3.3.3 What software tool will be used to develop the work progress schedule?
3.4 Describe your execution plan for meeting or shortening the Owner’s schedule during construction on past projects.
3.5 Describe your payment plan to the subcontractors and material suppliers.
4. CRITERION: THE RESPONDENT’S SAFETY RECORD SUPPORTED BY ACCURATE AND VERIFIABLE DATA:
4.1 Number of current employees. Note: For companies with ten (10) employees or less, RCR & DART rates should be zero as OSHA 1904 record keeping is not applicable.
4.2 Provide the following rating information (include worksheets for calculating RCR and DART; see footnotes 2 & 3 below chart):
Previous Year Previous Year NAICS¹ code: Most current year** 1** 2**
20__ 20__ 20__ OSHA Recordable Case Rate²
(RCR) DART (Calendar Days Away /
Restricted Time) Rate³ Number of Fatalities* Number of OSHA Violations* Worker’s Comp Experience
Modification Rate (EMR) Foot Notes for table; 1 North American Industry Classification System (see http://www.bls.gov/bls/naics.htm) 2 For the past three years; rate = # of OSHA recordable cases x 200,000 ÷ total hours worked by all employees; refer to http://www.osha.gov/recordkeeping/index.html for determination of “recordable”. 3 For the past three years; rate = # of DART cases x 200,000 ÷ total hours worked by all employees. A DART is a work-related injury which results in an employee missing work, being put on restricted work or being placed into an alternate job. 4 The following will result with a zero score for only this Criteria 5 if: No 30-hour OSHA Training for both Superintendent and Project Manager; DART Rates above NAICS Industry Standard; and fatalities. HMA CP#522444 091214 RFP - 32
Note: *Please attach a detailed explanation of the circumstances and outcome of the investigation and corrective actions that have been implemented. **If ratings are determined to be excessive or are not available, then Contractor shall submit a written explanation for review.
4.3 Do both the project Superintendent and Project Manager have a current 30-hour OSHA Certification (as required by section 7.7.5.13 of the Additional General Conditions)? If so, please provide dates of training completion for both Superintendent and Project Manager and attach current certificates or proof of compliance with this training as a part of this proposal.
5. CRITERION: RESPONDENT’S CAPABILITY TO PERFORM THE SPECIFIC CONSTRUCTION SERVICES FOR THIS PROJECT AND YOUR PROJECT EXECUTION PLAN AND SCHEDULE:
5.1 Describe, in detail, your proposed project execution plan for performing the work required of this project and include your program/process for managing subcontractors and material providers.
5.2 Describe challenges or circumstances unique to this project and your plan to manage those circumstances.
5.3 Describe your plan for partnering and team building at all levels for this project.
5.4 Provide a preliminary or outline Critical Path Method (CPM) schedule for this project.
5.5 Describe your firm’s start-up and subsequent commissioning procedures (close-out procedures) for this project.
5.5.1 Describe your firm’s procedures for dispute resolution among Owner, Contractor, and subcontractors or suppliers.
5.6 Provide the following information about all critical long lead items that affect the critical time schedule of this project. This shall include any equipment; fixtures; furnishings; specialty items; etc.
5.6.1 Name, location, contact of manufacturer.
5.6.2 Model number if applicable.
5.6.3 Will the equipment comply with requirements relating to delivery of equipment including proposed delivery date on site?
5.6.4 Will the equipment comply with the special requirements of the room, including all necessary maintenance areas needed to service the equipment (filter access, coil removal, code compliant etc)?
5.6.5 Are there any deviations proposed from the construction documents (specifications or drawings) or operational parameters?
HMA CP#522444 091214 RFP - 33
6. CRITERION: RESPONDENT’S CAPABILITY TO ACHIEVE PROJECT CLOSE-OUT.
6.1 Provide a detailed schedule (that includes dates) of how Respondent proposes to achieve project close-out as specified in Article 12.3 of the Uniform General Conditions and Article 12.3 of the Additional Conditions of this RFP.
HMA CP#522444 091214 RFP - 34
THE UNIVERSITY OF TEXAS AT AUSTIN Revised: May 21, 2013
EXHIBIT H
POLICY ON UTILIZATION OF HISTORICALLY UNDERUTILIZED BUSINESSES (HUB)s
BUILDING CONSTRUCTION
Enclosed is a copy of the Exhibit “H” attachments that make up the HUB Subcontracting Plan (HSP), which are due on the date and time within the Notice to Proposers / Request for Proposals section.
If you have any questions regarding the HUB requirements, please contact Muriel D. Kruse at (512) 475-6856, or email at: (mu r i e l .k r u se@a u s t in .u t ex a s. ed u ).
CAM The University of Texas at Austin 052113 Exhibit H -1
INSTRUCTIONS FOR COMPLETING HUB SUBCONTRACTING PLAN (HSP) and ACCESS TO SUB CONTRACTOR NAMES ON CMBL
If this project is over $100,000 you will be required to submit a Historically-Underutilized Subcontracting Plan (HSP) subcontracting plan as follows: (see table on page 7 & 8 for Summary of Attachments required)
• Page 9 “Letter of HUB Transmittal” Complete all requested information, print on YOUR COMPANY LETTERHEAD, and have this form signed by Respondent’s authorized representative. (Required on Conventional Bid (CON), Competitive Sealed Proposal (CSP) and Professional Service Provider (PSP)
• Page 10 “Letter of HUB Commitment” Complete all requested information, print on YOUR COMPANY LETTERHEAD, and have this form signed by Respondent’s authorized representative. (Required on Construction Manager-At Risk (CMR), Design-Build (DBL), Job Order Contracting (JOC), Open Order Labor (OOL), Indefinite Delivery/Indefinite Quantity (IDIQ) and PSP.)
• See Page 11 for HSP Quick Check List for Building Construction projects
Failure to submit your HSP plan will result in your proposal being rejected. You are encouraged to call the name on the front of this section, if you need assistance or have any questions.
A list of Potential HUB Subcontracting Opportunities for this project is posted on the PMCS Solicitation Calendar website (www.utexas.edu/pmcs/calendar/ ). If there are areas not included that you may need, you can access the State of Texas Comptroller’s Office web site.
To locate additional State of Texas HUB firms for a trade or commodity the web site is: www.window.state.tx.us/procurement/cmbl/cmblhub.html. Once at the website, scroll to bottom of page and click on Search the CMBL. On the next screen go to the search line and check HUBs on CMBL and scroll down to Section 1 and enter the class code, then next to that Item enter last two digits of 5 digit commodity code number and for district put in 14 for projects here at UT Austin. If the project is located outside of the Austin area then select the name “district in red letters” to locate the correct county, and then select “submit search”. The next screen you will indicate what fields you need and then check them (i.e. fax, phone, e-mail, business description) and next check “Go”. The list of HUBs for that commodity code with the fields you requested will appear on the screen. After you retrieve this list go back to the www.window.state.tx.us/procurement/cmbl/cmblhub.html. page (Centralized Master Bidders List (CMBL). This time you would check HUBs not on CMBL and then go down to Section 1 and enter the class code, then next to that Item enter last two digits of 5 digit commodity code number and for District put in 14. The next screen you will indicate what fields you need and then check them (i.e. fax, phone, e-mail, business description) and next check “Go”. After completion of this step you now have a list of HUBs from both lists for the NIGP code requested. You will repeat this process for each additional NIGP code. There is a link to the NIGP Commodity Code book on the first page of the CMBL to assist you in locating commodity codes. The link is: http://www.window.state.tx.us/procurement/tools/comm-book/ .
Please refer to the following website for information on this project:
http://www.utexas.edu/pmcs/calendar/
under the heading PROPOSAL SOLICITATION CALENDAR.
CAM The University of Texas at Austin 052113 Exhibit H - i
The University of Texas at Austin Policy on Utilization of Historically Underutilized Businesses (HUBs)
• Cover Page 1 • Instructions for completing HSP Plan and Access to Subcontractor/Sub-consultant Names Page i on CMBL
CONTENTS Page 2
• Policy on Utilization of Historically Underutilized Businesses (HUBs) Page 3
• Summary of Requirements / Historically Underutilized Business (HUBs) Subcontracting Plan Page 4-6
Summary of Attachments Required from Respondents Page 7-8
Letter of HUB Transmittal (Conventional Bid, and Competitive Sealed Proposal) Page 9
Letter of HUB Commitment (Construction Manager at Risk, Design Build, JOC, OOL) Page 10
HSP Quick Checklist for Building Construction Page 11
HUB Subcontracting Plan (HSP) Page 12-18
Section 2 (Good Faith Effort – Subcontractor Selection) Page 13-14
Section 3 Self-Performance Justification Page 15
Section 4 Affirmation Page 15
HSP Good Faith Effort – Method A (Attachment A) [Not applicable] Page 16
HSP Good Faith Effort – Method B (Attachment B) Page 17-18
HUB Subcontracting Opportunity Notification Form Page 19
HUB Subcontracting Plan Prime Contractor Progress Assessment Report Page 20 (Required of successful respondent for payment requests only)
Projects with Total Bid / Proposal Amount Less Than $100,000 (PMCS Requirement) Page 21
• Minority and Trade Organizations contact information available online: Page 22-26 http://www.utsystem.edu/offices/hub
• SAMPLE COMPLETED HSP PLAN SUBMITTAL Page 27-44
CAM The University of Texas at Austin 052113 Exhibit H - 2
The University of Texas at Austin
POLICY ON UTILIZATION OF HISTORICALLY UNDERUTILIZED BUSINESSES (HUBs)
Introduction
In accordance with the Texas Government Code, Sections 2161.181-182 and Title 34, Section 20.13 of the Texas Administrative Code (TAC), The Board of Regents of the University of Texas System, acting through the Office of HUB Development shall make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for construction services, including professional and consulting services; and commodities contracts. The HUB rules promulgated by the Texas Comptroller of Public Accounts (the “Texas Comptroller”), set forth in 34 TAC Sections 20.10 – 20.28, encourage the use of HUBs by implementing these policies through race-, ethnic- and gender-neutral means.
The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following goals as specified in the current State of Texas Disparity Study:
• 11.2% for heavy construction other than building contracts; • 21.1% for all building construction, including general contractors and operative builders contracts; • 32.7% for all special trade construction contracts; • 23.6% for professional services contracts; • 24.6% for all other services contracts; and • 21.0% for commodities contracts.
The University of Texas at Austin shall make a good faith effort to meet or exceed these goals to assist HUBs in receiving a portion of the total contract value of all contracts that the University of Texas expects to award in a fiscal year. The University of Texas may achieve the annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with the Texas Government Code, Chapter 2161, Subchapter F.
CAM The University of Texas at Austin 052113 Exhibit H - 3
SUMMARY OF REQUIREMENTS Historically Underutilized Business (HUBs) Subcontracting Plan
It is the policy of The University of Texas System and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUBs) in all contracts. Accordingly, The University of Texas at Austin has adopted “EXHIBIT H, Policy on Utilization of Historically Underutilized Businesses". The Policy applies to all contracts with an expected value of $100,000 or more. The Board of Regents of The University of Texas System is the contracting authority.
1. In all contracts for professional services, contracting services, and/or commodities with an expected value of $100,000 or more, the University of Texas at Austin will indicate in the purchase solicitation (e.g. RFQ, RFP, or CSP) whether or not U.T. Austin has determined that subcontracting opportunities are probable in connection with the contract. A HUB Subcontracting Plan is a required element of the architect, contractor or vendor Response to the purchase solicitation. The HUB Subcontracting Plan shall be developed and administered in accordance with the Policy. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Response.
2. If subcontracting opportunities are probable, the University of Texas at Austin will declare such probability in its invitations for bids, requests for proposals, or other purchase solicitation documents, and shall require submission of the appropriate HUB Subcontracting Plan with the Response.
a. When subcontracting opportunities are probable, and the Respondent proposes to subcontract any part of the work, the Respondent shall submit a HUB Subcontracting Plan as prescribed by Texas Comptroller identifying subcontractors [34 TAC §20.14 (d) (1)(A)(B)(C)(D) (i)(ii)(iii) (2)(3)(A)(B)(C)(D)(E)(F) (4)(A)(B)].
b. When subcontracting opportunities are probable, but the Respondent can perform such opportunities with its employees and resources, the Respondent’s HUB Subcontracting Plan shall include the Self Performance HUB Subcontracting Plan, Section 3 – Self Performance Justification as the HUB Subcontracting Plan (HSP). [34 TAC §20.14 (d)(5)(A)(B)(C)(D)] .
3. If subcontracting opportunities are not probable, the University of Texas at Austin will declare such probability in its invitations for bids, requests for proposals, or other purchase solicitation documents and shall require submission of the appropriate HUB Subcontracting Plan with the Response. a. When subcontracting opportunities are not probable, and the Respondent proposes to perform all of the work with its employees and resources, the Respondent shall submit a HUB Subcontracting Plan that includes the Self Performance HUB Subcontracting Plan, Section 3 – Self Performance Justification as the HUB Subcontracting Plan (HSP). b. When subcontracting opportunities are not probable, but the Respondent proposes to subcontract any part of the work, the Respondent shall submit a HUB Subcontracting Plan as prescribed by the Texas Comptroller identifying subcontractors.
4. Respondents shall follow, but are not limited to, procedures listed in the Policy when developing a HUB Subcontracting Plan.
5. Conventional Bids (CON); Competitive Sealed Proposals (CSP) Respondents shall submit a HUB Subcontracting Plan (packaged separately) twenty-four (24) hours following the Response submission date and time or as prescribed by the project manager.
CAM The University of Texas at Austin 052113 Exhibit H - 4
6. In making a determination whether a good faith effort has been made in the development of the required HUB Subcontracting Plan, the University of Texas at Austin shall follow the procedures listed in the Policy. If accepted by the University, the HUB Subcontracting Plan shall become a provision of the Respondent's contract with the University of Texas at Austin. Revisions necessary to clarify and enhance information submitted in the original HUB subcontracting plan may be made in an effort to determine good faith effort. Any revisions after the submission of the HUB Subcontracting Plan shall be approved by the HUB Coordinator.
7. DBL and CMR: Respondents to a DBL or CMR purchase solicitation shall include the Letter of HUB Commitment in their Response attesting that the Respondent has read and understands the Policy on Historically Underutilized Businesses (HUBs), and a HUB Subcontracting Plan for all preconstruction and construction services includes HUB Subcontracting Plan as prescribed by Texas Comptroller of Public Accounts specific to construction services identifying first, second and third tier subcontractors. Respondents proposing to perform Part I pre- construction services with their own resources and employees shall submit, as part of their HSP, the Self Performance Justification.
8. DBL and CMR HUB Contract Requirements: Contractors engaged under design-build and construction manager-at-risk contracts shall submit a HUB Subcontracting Plan for all Construction Phase Services, and, must further comply with the requirements of this Policy by developing and submitting a HUB Subcontracting Plan for each bid package issued in buying out the guaranteed maximum or lump sum price of the Project. The HUB Subcontracting Plans shall identify first, second and third tier subcontractors.
9. Job Order Contract [JOC, IDIQ or OOL] Responses: Respondents to a “JOC” purchase solicitation / Request for Proposal (RFP) shall include the Letter of HUB Commitment in their Response attesting that the Respondent has read and understands the Policy on Historically Underutilized Businesses (HUBs), and a Letter of Good Faith describing a procedure or methodology for HUB utilization on all Job Orders or Project Assignments over $100,000.00.
10. Job Order Contract (JOC) [JOC, IDIQ or OOL] Contract Requirements: Contractors engaged under “JOC” contracts shall submit a HUB Subcontracting Plan for all Job Orders or Project Assignments with expected value of $100,000 or more. The HUB Subcontracting Plans shall identify first, second and third tier subcontractors.
11. The University of Texas at Austin shall reject any Response that does not include a fully completed HUB Subcontracting Plan, as required. An incomplete HUB Subcontracting Plan is considered a material failure to comply with the solicitation for proposals.
12. Changes to the HUB Subcontracting Plan. Once a Respondent’s HUB Subcontracting Plan is accepted by the University of Texas at Austin and becomes a provision of the contract between Respondent and the University of Texas at Austin, the Respondent can only change that HUB Subcontracting Plan if:
(a) The Respondent complies with 34 TAC Section 20.14; (b) The Respondent provides its proposed changes to the University of Texas at Austin for review; (c) The University of Texas at Austin (including the University of Texas at Austin ‘s HUB Staff Associate) approves Respondent’s proposed changes to its HUB Subcontracting Plan; and (d) The University of Texas at Austin and the Respondent amend their contract (via a writing signed by authorized officials of both parties) in order to replace the contract’s existing HUB Subcontracting Plan with a revised HUB Subcontracting Plan containing the changes approved by the University of Texas at Austin.
CAM The University of Texas at Austin 052113 Exhibit H - 5
13. Expansion of Work. If, after entering into a contract with a Respondent as a result of a purchase solicitation subject to the Policy, and the University of Texas at Austin wishes to expand the scope of work that the Respondent will perform under that contract through a change order or any other contract amendment (the “Additional Work”), the University of Texas at Austin will determine if the Additional Work contains probable subcontracting opportunities not identified in the initial purchase solicitation for that contract. If the University of Texas at Austin determines that probable subcontracting opportunities exist for the Additional Work, then the Respondent must submit to the University of Texas at Austin an amended HUB Subcontracting Plan covering those opportunities that complies with the provisions of 34 TAC Section 20.14. Such an amended HUB Subcontracting Plan must be approved by the University of Texas at Austin (including the University of Texas at Austin’s HUB Staff Associate) before:
(a) The contract may be amended by the University of Texas at Austin and the Respondent to include the Additional Work and the amended HUB Subcontracting Plan; and
(b) The Respondent performs the Additional Work. If a Respondent subcontracts any of the additional subcontracting opportunities identified by the University of Texas at Austin for any Additional Work (i) without complying with 34 TAC Section 20.14 or (ii) before the University of Texas at Austin and that Respondent amend their contract to include a revised HUB Subcontracting Plan that authorizes such subcontracting, then the Respondent will be deemed to be in breach of its contract with the University of Texas at Austin. As a result of such breach, the University of Texas at Austin will be entitled to terminate its contract with the Respondent, and the Respondent will be subject to any remedial actions provided by Texas law, including those set forth in Chapter 2161, Texas Government Code, and 34 TAC Section 20.14. University of Texas at Austin may report a Respondent’s nonperformance under a contract between that Respondent and the University of Texas at Austin to the Texas Comptroller of Public Accounts in accordance with 34 TAC Sections 20.101 through 20.108.
14. A Response may state that the Respondent intends to perform all the subcontracting opportunities with its own employees and resources in accordance with the Policy. However, if such a Respondent enters into a contract with the University of Texas at Austin as a result of such a Response but later desires to subcontract any part of the work set forth in that contract, before the Respondent subcontracts such work it must first change its HUB Subcontracting Plan in accordance with the provisions of Section 12 above.
15. The University of Texas at Austin shall require a professional services firm, Contractor or vendor to whom a contract has been awarded to report the identity and the amount paid to its subcontractors on a monthly basis using a HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR) as a condition for payment.
16. If the University of Texas at Austin determines that the successful Respondent failed to implement an approved HUB Subcontracting Plan in good faith, the University of Texas at Austin in addition to any other remedies, may report nonperformance to the Texas Comptroller of Public Accounts in accordance with 34 TAC, Section 20.14, (g) (1) related remedies of nonperformance to professional services firms, contractor, and vender implementation of the HUB Subcontracting Plan.
17. In the event of any conflict between this “Summary of Requirements” and the remainder of the HUB Policy, the remainder of the HUB Policy will control.
18. These requirements, including the attachments referred to above, are available over the Internet from http://www.utexas.edu/pmcs/services/hubForms.html for additional information contact Muriel D. Kruse, HUB Staff Associate for the University of Texas at Austin at (512) 475-6856.
CAM The University of Texas at Austin 052113 Exhibit H - 6
Summary of Attachments Required from Respondents
1. THE UNIVERSITY OF TEXAS AT AUSTIN DETERMINES THAT SUBCONTRACTING OPPORTUNITIES ARE PROBABLE
1-A. Respondent Proposes Subcontractors: Attachments Letter of HUB Subcontracting required from the Respondent for the HUB Transmittal Plan (HSP) Subcontracting Plan if the solicitation states that, Page 9 Pages 12-18 subcontracting opportunities are probable.
1-B. Respondent Proposes Self-Performance: Attachments Letter of HUB Subcontracting required from the Respondent for the HUB Transmittal Plan (HSP) Subcontracting Plan if the solicitation states that Page 9 Page 12 subcontracting opportunities are probable, but the SECTIONS 1 & 2 Respondent can perform such opportunities with its own Page 15 employees, materials, supplies, equipment and other SECTIONS 3 & 4 resources.
2. THE UNIVERSITY OF TEXAS AT AUSTIN DETERMINES THAT SUBCONTRACTING OPPORTUNITIES ARE NOT PROBABLE.
2-A. Respondent Proposes Self-Performance: Attachments Letter of HUB Subcontracting required from the Respondent for the HUB Transmittal Plan (HSP) Subcontracting Plan if the solicitation states that Page 9 Page 12 subcontracting opportunities are not probable, but the SECTIONS 1 & 2 Respondent can perform such opportunities with its own Page 15 employees, materials, supplies, equipment and other SECTIONS 3 & 4 resources.
2-B. Respondent Proposes Subcontractors: Attachments required from the Respondent for the HUB Letter of HUB Subcontracting Subcontracting Plan if the solicitation states that Transmittal Plan (HSP) subcontracting opportunities are not probable but the Page 9 Pages 12-18 Respondent proposes to subcontract any part of the work.
3. DESIGN BUILD OR CM @ RISK.
3-A. Design Build or CM@ Risk Responses Part I “Letter of HUB HUB Subcontracting (Preconstruction Phase Services): Attachments Commitment” Plan (HSP) required from Respondents for HUB Subcontracting Plan Page 10 Page 12 for Part I Pre-construction Phase Services. Respondent SECTIONS 1 & 2 can perform Part I with its own employees, materials, Page 15 supplies, equipment and other resources. SECTIONS 3 & 4
3-B. Design Build or CM@ Risk Responses Part I Letter of HUB Subcontracting (Preconstruction Phase Services): Attachments Transmittal Plan (HSP) required from Respondents for HUB Subcontracting Plan Page 9 Pages 12-18 for Part I Pre-construction Phase Services. Respondent proposes to subcontract any of Part I of the work.
3-C. Design Build or CM@ Risk Responses Part II (Construction Phase Services): Attachments required Letter of HUB Subcontracting from Respondents for HUB Subcontracting Plan for Part Transmittal Plan (HSP) II, Construction Phase Services (all individual GMP Page 9 Pages 12-18 approvals must include a HSP Plan). Once the guaranteed maximum or lump sum price of the project is established and for each bid package issued in buying out the guaranteed maximum or lump sum price of the project.
CAM The University of Texas at Austin 052113 Exhibit H - 7
4. Total Project Cost is Under $100,000 (including JOB Order Contracting (JOC) individual Job Orders) List all 4-A. No HUB Subcontracting Utilized. “Projects with Subcontractors a Total Bid including HUBS and Amount Less Non Hub on than “Progress $100,000” Assessment Report” Page 21 (PAR) Page 20 List all 4-B. HUB Subcontracting Utilized Letter of HUB Subcontracting “Projects with Subcontractors Transmittal Plan (HSP) a Total Bid including HUBS and Page 9 Page 12 Amount Less Non Hub on SECTIONS 1 & 2 than “Progress Page 15 $100,000” Assessment Report” SECTIONS 3 & 4 Page 21 (PAR) Page 20 5. JOB Order Contracting (JOC) and On-Call Service Contract Requirements
5-A. Job Order Contract (JOC) and On-Call Services Letter of HUB Contract Requirements. All respondents are required Commitment and to submit both the “Letter of HUB Commitment” and a Good Faith letter of “Good Faith” describing a procedure or Page 10 methodology for utilization of HUBs on all Job Orders or Project Assignments over $100,000.00.
5-B. Job Order Contract (JOC) and On-Call Services Letter of HUB Subcontracting Contract Requirements The successful respondent is Transmittal Plan (HSP) required to submit a complete HUB Subcontracting Plan Page 9 Pages 12-18 prior to the start of each project or assignment over $100,000.00
6. Requirement for Changes in Subcontracting Plan
6-A. Changes in the HUB Subcontracting Plan After Letter of HUB Subcontracting Award: Attachments required from the Transmittal Plan (HSP) Respondent to whom a contract has been Page 9 Pages 12-18
awarded if conditions require the contractor to make changes to the approved HUB Subcontracting Plan.
7. Requirement for Reporting to be included in ALL PROJECT’S Pay Applications List all 7-A. Reporting: Progress Assessment Report (PAR) Subcontractors required with all payment requests. The submittal including HUBS and of this attachment is a condition of payment. Non Hub on “Progress Assessment Report” (PAR) Page 20
CAM The University of Texas at Austin 052113 Exhibit H - 8
(Place this information on business letterhead – including name, address and telephone number)
“Letter of HUB Transmittal for Construction Services” (for HSP Plan and/or Self Performance for Conventional Bid and Competitive Seal Proposal)
Date
Muriel D. Kruse HUB Staff Associate Project Management and Construction Services The University of Texas at Austin 1301 E. Dean Keeton, Facilities Services Building 1, Room 2.102 Austin, TX 78722 Re: Historically Underutilized Business Plan for See cover of spec for project title Contract Number: See spec
Dear Ms. Kruse:
In accordance with the requirements outlined in the specification section “Exhibit H – Policy on Utilization of Historically Underutilized Businesses (HUB)s,” I am pleased to forward this HUB Subcontracting Plan (HSP) as an integral part of our response in connection with your invitation for Request for Proposal / Qualifications referencing the above project.
I have read and understand the University of Texas at Austin Policy on Utilization of Historically Underutilized Businesses (HUBs). I also understand the State of Texas Annual Procurement Goal according to 34 Texas Administrative Code section 20.13 is 32.7% for special trade construction, including General Contractors and operative builder’s contracts.
This HUB Subcontracting Plan includes Subcontracting Opportunities [refer to Section 2, page 12]. The project Base Proposal contract dollar value is (do not include alternates). These figures represent a cumulative percentage of % for minority-owned HUBs and % for women-owned HUBs. When a HUB is owned by a minority woman, I have classified that HUB as minority-owned rather than women-owned.
I understand the above HUB percentages must represent Texas Comptroller HUB certification standards. For each of the listed HUB firms, I have attached a Texas Comptroller HUB Certification document.
By completion of Section B-4 of the HUB Subcontracting Plan, I affirm my intent to utilize the subcontractors selected to perform the scope of work to be subcontracted.
Should we discover additional subcontractors claiming Historically Underutilized Business status during the course of this contract we will notify you of the same. In addition, if for some reason a Subcontractor (HUB or Non-HUB) is unable to fulfill its contract with us, we will notify you immediately in order to take the appropriate steps to amend this contractual obligation and submit for approval, a Revised HUB Subcontractor Plan.
Sincerely,
______(Respondent)
cc: Contracting Services
CAM The University of Texas at Austin 052113 Exhibit H - 9
(Place this information on business letterhead – including name, address and telephone number)
“Letter of HUB Commitment” (for Construction Manager at Risk, Design Build, JOC and OOL - Master Contract ONLY)
Date
Muriel D. Kruse HUB Staff Associate Project Management and Construction Services The University of Texas at Austin 1301 E. Dean Keeton, Facilities Services Building 1, Room 2.102 Austin, TX 78722
Re: Historically Underutilized Business Plan for See cover of spec for project title Contract Number: See spec
Dear Ms. Kruse:
In accordance with the requirements outlined in the specification section “Exhibit H – Policy on Utilization of Historically Underutilized Businesses (HUBs),” I am pleased to forward this HUB Subcontracting Plan as an integral part of our proposal in connection with your invitation for request for proposals, referencing Project Number See spec.
I have read and understand the University of Texas at Austin Policy on the Utilization of Historically Underutilized Businesses (HUBs) and agree to the following (as may be applicable):
• I am also attaching a letter of “Good Faith” describing our procedure or methodology for future utilization of HUBs on all Project Assignments over $100,000.00. (at the initial execution of the Master JOC contract)
• Good Faith Effort will be documented with each bid / proposal (GMP, Job Order, etc.) by containing a completed HUB Subcontracting Plan. The HSP shall consist of a Letter of Transmittal (page 9) and the HUB Subcontracting Plan (pages 12 through 18) identifying first, second and third tier subcontractors.
Sincerely,
______(Respondent)
cc: Contracting Services
CAM The University of Texas at Austin 052113 Exhibit H - 10
HSP Quick Check List for Building Construction
Conventional Bid ‐ Option Four is the only acceptable method Competitive Sealed Proposal ‐ Option Four is the only acceptable method Construction Manager @Risk and Design Build (Two (2) step process) 1 Part One Pre‐Construction Services – Option One (if self‐ performing Pre‐con services) or Option Four (if subcontracting all or part of pre‐con services). 2 Part Two Building Construction – Option Four only Option One ‐ Self‐Performance If you are not subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources, complete the following sections: a) Section 1 – Respondent and Requisition Information b) Section 2A – No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. c) Section 3 – Self Performing Justification – Check No and provide an explanation in the box provided. d) Section 4 – Affirmation Option Two – not applicable to construction If all of your subcontracting opportunities will be performed using only HUB vendors, complete the following sections: a) Section 1 ‐ Respondent and Requisition Information b) Section 2A – Yes, I will be subcontracting portions of the contract c) Section 2B – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to HUB vendors d) Section 2C – Yes e) Section 4 – Affirmation f) Good Faith Effort (Attachment A) – Complete this attachment for each subcontracting opportunity Option Three ‐ not applicable to construction If you are subcontracting any portion of the contract to Texas Certified HUB vendors and Non‐HUB vendors, or only to Non HUB vendors, and the aggregate percentage of all subcontracting work you will be awarding to the Texas Certified HUB vendors with which you have a continuous contract* in place for five (5) years or less does not meet or exceed the HUB goal the contracting agency identified in the “Agency Special Instruction/Additional Requirements”, complete the following: a) Section 1 ‐ Respondent and Requisition Information b) Section 2A – Yes, I will be subcontracting portions of the contract c) Section 2B – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to HUB vendors and Non HUB vendors d) Section 2(C) – No e) Section 2(D) – Yes f) Section 4 – Affirmation g) Good Faith Effort (Attachment A) – Complete this attachment for each subcontracting opportunity Option Four ‐ only acceptable method If you are subcontracting with HUB vendors and Non‐HUB vendors (or only Non HUB vendors), complete the following: a) Section 1 ‐ Respondent and Requisition Information b) Section 2A – Yes, I will be subcontracting portions of the contract c) Section 2B – List all the portions of work you will subcontract, and indicated the percentage of the contract you expect to award to HUB vendors and Non HUB vendors d) Section 2C – No e) Section 2D – No f) Section 4 – Affirmation g) Good Faith Effort (Attachment B) – Complete this attachment for each subcontracting opportunity
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime Contractor and a HUB vendor, where the HUB vendor provides the prime Contractor with good or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime Contractor and HUB vendor are entering (have entered) into “new” contracts.
CAM The University of Texas at Austin 052113 Exhibit H - 11
HUB SUBCONTRACTING PLAN (HSP)
In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation). NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b). The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.13 are: • 11.2 percent for heavy construction other than building contracts, • 21.1 percent for all building construction, including general contractors and operative builders contracts, • 32.7 percent for all special trade construction contracts, • 23.6 percent for professional services contracts, • 24.6 percent for all other services contracts, and • 21 percent for commodities contracts.
- - Agency Special Instructions/Additional Requirements - -
In accordance with 34 TAC §20.14(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith UT Austin (only) effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s Please check: subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to □ New HUB plan satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Conventional Bid Disparity Study. □
HUB Goal – 32.7% □ Competitive Sealed Proposal Respondents submitting a Conventional Bid or Competitive Sealed Proposal shall submit a HUB Subcontracting Plan (HSP) that meets the Good Faith Effort prescribed in Method B (Attachment B). Construction Manager @ Risk or See instructions for Option Four (4) on HSP Quick Check List. □ No other Good Faith Effort methods will be accepted. Design Build Respondents submitting Construction Manager @ Risk or Design Build delivery method (Two-step process) shall submit: □ JOC / OOL 1. Part One Pre-Construction Services – Option One (if self-performing all pre-con services) or Option Four (if subcontracting all or part of pre-con services). 2. Part Two Building Construction – Option Four only □ Change Order No other Good Faith Effort methods will be accepted. Respondents shall submit a completed HUB Subcontracting Plan (HSP) to be considered responsive. Failure to submit a completed HSP shall result in the bid, proposal or other expression of interest to □ Other: be considered NON- responsive. HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR) shall be submitted with each request for payment as a condition of payment. Please note that phone logs are no longer acceptable as documentation of the good faith effort. Only fax, e-mail and certified letter are acceptable. Seven (7) working Days shall be defined as a normal business days of the University of Texas at Austin, not including weekends or University observed Holidays. The first working day shall be the day following the day that the notice was sent and the 7th day is the day that the response is due.
SECTION 1 RESPONDENT AND REQUISITION INFORMATION a. Respondent (Company) Name: State of Texas VID #:
HSP Point of Contact: (person most familiar with HSP plan) Phone #:
E-mail Address: Fax #: b. Is your company a State of Texas certified HUB? - Yes - No c. Solicitation #: Bid $ Due Date: / /
mm/dd/yyyy)
CAM The University of Texas at Austin 052113 Exhibit H - 12
Enter your company’s name here: Requisition #:
SECTION 2 SUBCONTRACTING INTENTIONS After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions: - Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b, of this SECTION.) - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. (If No, continue to SECTION 3.) b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB). HUBs Non-HUBs Percentage of the contract Percentage of the contract Item # Subcontracting Opportunity Description expected to be subcontracted expected to be subcontracted Percentage of the contract to HUBs with which you have to HUBs with which you have expected to be a continuous contract* in place a continuous contract* in place subcontracted to non-HUBs for five (5) years or less for more than five (5) years.
1 % % %
2 % % %
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9 % % %
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13 % % %
14 % % %
15 % % % Aggregate percentages of the contract expected to be subcontracted: % % % (Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/) c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b. □Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort ‐ Method A (Attachment A)” for each of the subcontracting opportunities you listed.) □ No (If No, continue to Item d, of this SECTION.) d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you have had contracts in place with for five (5) years or less meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements”. □ Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort ‐ Method A (Attachment A)” for each of the subcontracting opportunities you listed.) □ No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort ‐ Method B (Attachment B)” for each of the subcontracting opportunities you listed)
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime Contractor and a HUB vendor, where the HUB vendor provides the prime Contractor with good or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime Contractor and HUB vendor are entering (have entered) into “new” contracts.
CAM The University of Texas at Austin 052113 Exhibit H - 13
Enter your company’s name here: Requisition #:
SECTION 2 SUBCONTRACTING INTENTIONS (CONTINUATION SHEET) a. This page can be used as a continuation sheet to the HSP Form’s page 2, SECTION 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
HUBs Non-HUBs Percentage of the contract Percentage of the contract Item # Subcontracting Opportunity Description expected to be subcontracted expected to be subcontracted Percentage of the contract to HUBs with which you have to HUBs with which you have expected to be subcontracted a continuous contract* in place a continuous contract* in place to non-HUBs . for five (5) years or less for more than five (5) years.
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% % % Aggregate percentages of the contract expected to be subcontracted: % % %
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime Contractor and a HUB vendor, where the HUB vendor provides the prime Contractor with good or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime Contractor and HUB vendor are entering (have entered) into “new” contracts.
CAM The University of Texas at Austin 052113 Exhibit H - 14
Enter your company’s name here: Requisition #:
SECTION 3 SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire contract with its own resources. Yes (If Yes, in the space provided below list the specific page(s)/section(s) of your proposal which explains how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.) No (If No, in the space provided below explain how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.) Line Item # - Self Performing Trades Description Line Item # - Self Performing Trades Description (#1) (#4) (#2) (#5) (#3) (#6) Provide explanation in this box:
SECTION 4 AFFIRMATION As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition: • The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded. • The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls). • The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting. • The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.
______Signature Printed Name Title Date
REMINDER: ¾ If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b. ¾ If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.
CAM The University of Texas at Austin 052113 Exhibit H - 15
HSP Good Faith Effort - Method A (Attachment A)
Enter your company’s name here: NOT APPLICABLE - Go To Method B Requisition #:
IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlanAttachment-A.doc
SECTION A-1 SUBCONTRACTING OPPORTUNITY Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing this attachment. Item #: Description:
SECTION A-2 SUBCONTRACTOR SELECTION List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1. Also identify whether they are a Texas Certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.
Texas Approximate Expected Percentage Company Name VID # Certified HUB (Required if Texas Dollar Amount of Contract Certified HUB)
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
CAM The University of Texas at Austin 052113 Exhibit H - 16
HSP Good Faith Effort - Method B (Attachment B)
Enter your company’s name here: Requisition #:
IMPORTANT: If you responded “No” to SECTION 2, Items c –and- d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlanAttachment-B.doc
SECTION B-1 SUBCONTRACTING OPPORTUNITY Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing this attachment. Item #: Description:
SECTION B-2 MENTOR PROTÉGÉ PROGRAM If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work. Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé. - Yes (If Yes, to continue to SECTION B-4.) - No / Not Applicable (If No or Not Applicable, continue to SECTION B-3.)
SECTION B-3 NOTIFICATION OF SUBCONTRACTING OPPORTUNITY When completing this section you MUST comply with items a, b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and minority or women trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ NOTE: Attach all supporting documentation (notification form /certified letter, fax transmittals, electronic mail) demonstrating evidence of your good faith effort to notify the Texas Certified HUBS and minority or women trade organizations or development centers you listed below in items b and d.
a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to your submitting your bid response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) and Historically Underutilized Business (HUB) Search directory located at http://www.window.state.tx.us/procurement//cmbl/cmblhub.html. HUB Status code “A” signifies that the company is a Texas certified HUB.
b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Vendor ID (VID) number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.
Company Name VID # Date Notice Sent Did the HUB Respond? (mm/dd/yyyy)
/ / - Yes - No
/ / - Yes - No
/ / - Yes - No
c. Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more minority or women trade organizations or development centers to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to minority or women trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/ d. List two (2) minority or women trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.
Date Notice Sent Was the Notice Minority/Women Trade Organizations or Development Centers (mm/dd/yyyy) Accepted?
/ / - Yes - No
/ / - Yes - No
CAM The University of Texas at Austin 052113 Exhibit H - 17
HSP Good Faith Effort - Method B (Attachment B) Cont.
Enter your company’s name here: Requisition #:
SECTION B-4 SUBCONTRACTOR SELECTION a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page. Item #:______Description: b. List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas Certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.
Sub Contractor Name Texas VID # Approximate Expected Percentage (also list name of 2nd , 3rd, etc tier suppliers or sub contractors if HUB) Certified HUB (Required if Texas Dollar Amount of Contract Certified HUB)
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ % c. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
CAM The University of Texas at Austin 052113 Exhibit H - 18
HUB Subcontracting Opportunity Notification Form
In accordance with Texas Gov’t Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The state agency I have identified below in Section B has determined that subcontracting opportunities are probable under the requisition to which my company will be responding.
34 Texas Administrative Code, §20.14 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least three (3) Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs at least seven (7) working days to respond to the notice prior to the respondent submitting its bid response to the contracting agency. In addition, the respondent must provide notice of each of its subcontracting opportunities to minority/women trade organizations or development centers at least seven (7) working days prior to submitting its bid response to the contracting agency.
We respectfully request that vendors interested in bidding on the subcontracting opportunity identified in Section C reply no later than the date and time identified in Section C, Item 1. Submit your response to the point-of-contact referenced in Section A.
Section A PRIME CONTRACTOR’S INFORMATION Company Name: State of Texas VID #:
Point-of-Contact: Phone #:
E-mail Address: Fax #:
Section B CONTRACTING STATE AGENCY AND REQUISITION INFORMATION Agency Name:
Point-of-Contact: Phone #:
Solicitation #: Bid $ Due Date:
Section C SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION Our firm must receive your bid response to this subcontracting opportunity no later 1. than ______, Central Daylight Standard Time on: Potential Date (mm/dd/yyyy) Subcontractor’s Bid (Note: In accordance with 34 TAC §20.14, each notice of subcontracting opportunity shall be provided to at least three (3) Texas certified Response Due Date: HUBs, and allow the HUBs at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency. In addition, we must provide the same notice to minority/women trade organizations or development centers at least seven (7) working days prior to submitting our bid response to the contracting agency.)
2. Scope of Work:
3. Required Qualifications:
- Not Applicable
4. Bonding/Insurance Requirements:
- Not Applicable
5. Location to review plans/specifications:
- Not Applicable
CAM The University of Texas at Austin 052113 Exhibit H - 19
HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report This form must be completed and submitted to the contracting agency each month to document compliance with your HSP.
Contract/Requisition Number: Date of Award: Object Code: (Agency (mm/dd/yyyy) Use Only)
Contracting Agency/University Name:
Contractor (Company) Name: Fed Tax EIN #:
Point of Contact: Phone #:
Total Amount Paid this Reporting Period to Reporting (Month) Period: Contractor: $ -
Report HUB and Non-HUB subcontractor information (ALL changes in subcontracting MUST be approved by the Agency and a Revised HSP MUST be submitted for approval)
*Texas Total Contract $ Total $ Amount Paid Object Certified Amount from HSP This Reporting Total Contract $ Code Subcontractor’s VID or HUB? with Period to Amount Paid to Date to (Agency Subcontractor’s Name HUB Certificate Number (Yes or No) Subcontractor Subcontractor Subcontractor Use Only)
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTALS: $ - $ - $ -
Signature: ______Title: ______Date: ______
HSP-PAR *Note: Prime Contractors can verify subcontractor HUB certification status on-line at http://www2.tbpc.state.tx.us/cmbl/cmblhub.html Rev. 10/07
CAM The University of Texas at Austin 052113 Exhibit H - 20
Projects with Total Bid / Proposal Amount LESS THAN $100,000.00
Date
Muriel D. Kruse, HUB Staff Associate Project Management and Construction Services The University of Texas at Austin 1301 E. Dean Keeton, Facilities Services Building -1, Room 2.102 Austin, TX 78722
Re: Historically Underutilized Business Plan for Project Number (Project Title)
Dear Ms. Kruse:
I am pleased to forward this form, and other attachments (if applicable) that are indicated below as an integral part of our response (bid, proposal, offer, or other expression of interest) in connection with your invitation for request for proposals, etc., Referencing Project Number .
***** Please Check the Item That Applies Below *****
A. The HUB Subcontracting Plan (HSP) attachments are not included in this package, because the total dollar value of the bid enclosed is less than $100,000.00 and therefore is not required.
B. The HUB Subcontracting Plan (HSP) Attachments (pages 12-18) for all Subcontractors are attached because we plan to utilize HUB’s on this project, even though our bid is under $100,000.00.
In addition, if for some reason a sub contractor is unable to fulfill its contract with us, we will notify you immediately in order to take the appropriate steps to amend this contractual obligation.
Signature Phone Number:
Printed named: Title:
cc: Contracting Services
CAM The University of Texas at Austin 052113 Exhibit H - 21
List of Minority Organizations and Contact List
The following organizations have agreed to accept subcontracting opportunities per agreement with the Texas Statewide HUB Program. Please contact these organizations and at least one organization from the region where the project is located.
Organization Address City ZIP Phone FAX Email American Indian Chamber of 972- 972- [email protected] Commerce of 11245 Indian 241- 241- Texas Trail Dallas 75229 6450 6454 Dallas Fort 8828 N. Worth Minority Stemmons Supplier Freeway, 5th 214- 214- [email protected] Development Floor, Ste. 630- 637- Council 550 Dallas 75247 0747 2241 Houston Minority [email protected] Supplier Three 713- 713- [email protected] Development Riverway, 271- 271- Council Ste. 555 Houston 77056 7805 9770 Southwest Minority [email protected] Supplier 912 Bastrop 512- 512- [email protected] Development Hwy.,Ste. 386- 386- Center 101 Austin 78741 8766 8988 Texas Association of [email protected] Historically 512- 915- [email protected] Underutilized PO Box 468- 585- Businesses 684726 Austin 78768 0113 7751 Tri-County 832- 281- Black Chamber PO Box 875- 336- [email protected] of Commerce 88376 Houston 77288 3977 0870 Women’s Business 2201 N. 817- 817- [email protected] Council Collins, Ste. 299- 299- Southwest 158 Arlington 76011 0566 0949 Women’s 9800 Business Northwest 713- 713- [email protected] Enterprise Freeway, 681- 681- Alliance Ste. 120 Houston 77092 9232 9242 El Paso Hispanic 915- 915- [email protected] Chamber of 2401 E. 566- 566- Commerce Missouri El Paso 79903 4066 9714 Golden Triangle Minority 409- 409- [email protected] Business PO Box 77720 962- 722- Council 21664 Beaumont -1664 8530 5402 Hispanic Contractors Mailing 210- 210- [email protected] Assoc. De San address - PO San 444- 444- Antonio Box 33425 Antonio 78265 1100 1101 Regional 972- 972- Hispanic 2210 West 75224 786- 786- [email protected] Contractors Illinois Ave. Dallas -1636 0909 0910 Association South Central Texas Regional 3201 Cherry 210- 210- [email protected] Certification Ridge St., San 227- 227- Agency Bldg. C-319 Antonio 78030 4222 5712 CAM The University of Texas at Austin 052113 Exhibit H - 22
Organization Address City ZIP Phone FAX Email Texas Association of Mexican American 512- [email protected] Chambers of PO Box 444- Commerce 41780 Austin 78701 5727 (TAMACC) US Pan Asian 202 E. 682- 817- American Border St. 367- 469- [email protected] Chamber of Ste. 144 Arlington 76010 1393 9485 Commerce SW Austin Area Minority Organizations
Austin Asian American 3432 512- 512- [email protected] Chamber of Greystone 407- 407- Commerce Dr., Ste 202 Austin 78731 8240 8233 Austin Area Black 6448 Hwy. 512- 512- [email protected] Contractors 290 East Ste. 467- 467- Association E-107 Austin 78723 6894 9808 Greater Austin 512- 512- Black Chamber 5407 N. IH 459- 459- [email protected] of Commerce 35, Ste. 304 Austin 78723 1181 1183 Southwest Minority Supplier 912 Bastrop 512- 512- [email protected] Development Hwy., Ste. 386- 386- Council 101 Austin 78741 8766 8988 US Hispanic Contractors Association de 920 East 512- [email protected] Austin Dean Keeton 922- St. Austin 78705 0507 West Texas Minority Organizations El Paso Hispanic 915- 915- [email protected] Chamber of 2401 E. 566- 566- Commerce Missouri El Paso 79903 4066 9714 Lubbock Chamber of 1500 Commerce Broadway, [email protected] Hispanic Ste. 101, 806- 806- Business Wells Fargo 761- 761- Division Center Lubbock 79401 7000 7013 Midland Hispanic 208 S. 432- 432- [email protected] Chamber of Marienfield, 682- 687- Commerce Ste. 100 Midland 79701 2960 3972 PO Box Odessa Black 1006, 700 N. 432- [email protected] Chamber of Grant, Ste. 332- Commerce 200 Odessa 79760 5812 El Paso Community College Contract [email protected] Opportunities 1359 915- 915- Center Lomaland, 831- 831- Room 521 El Paso 79935 7747 7755 San Antonio & South Texas Minority Organizations
CAM The University of Texas at Austin 052113 Exhibit H - 23
Organization Address City ZIP Phone FAX Email Harlingen Hispanic 956- 956- [email protected] Chamber of 2309 N. Ed 421- 364- Commerce Carey Dr. Harlingen 78550 2400 1879 Laredo 956- 956- Chamber of 2310 San 722- 791- [email protected] Commerce Bernardo Laredo 78040 9895 4503 San Antonio Hispanic 200 E. 210- 210- [email protected] Chamber of Grayson, Ste. San 225- 225- www.sahcc.org Commerce 203 Antonio 78215 0462 2485 African American Chamber of 1717 N. 1604 210- 210- [email protected] Commerce of East, Ste. San 490- 490- San Antonio 220 Antonio 78232 1624 5294 600 Alamo City Hemisfair 210- 210- [email protected] Black Chamber Plaza Way San 226- 226- of Commerce Bldg. 406-10 Antonio 78205 9055 0524 Rio Grande Valley Associated 6918 W. 956- 956- [email protected] General Expressway 423- 423- Contractors 83 Harlingen 78552 4091 0174 Rio Grande Valley Hispanic 956- 956- [email protected] Chamber of 3313 N. 928- 928- Commerce McColl Rd. McAllen 78501 0060 0073 Alamo Colleges, 8300 Pat Booker Rd., Ste. 233 – [email protected] Mailing Hispanic Address PO Contractors Box 33425, 210- 210- Association de San Antonio, 444- 444- San Antonio TX 78265 Live Oak 78233 1100 1101 Seguin- Guadalupe County Hispanic 830- 830- [email protected] Chamber of 971 West 372- 372- Commerce Court Sddt. Seguin 78155 3151 9499 San Antonio Associated 210- 210- [email protected] General 10806 San 349- 349- Contractors Gulfdale Antonio 78216 4921 4017 Builders 210- 210- Exchange of 4047 Naco San 564- 564- [email protected] Texas, Inc. Perrin Antonio 78217 6900 6901 North Texas Minority Organizations American Indian 972- 972- Chamber of 11245 Indian 241- 241- [email protected] Commerce of Trail, 2nd floor Dallas 75229 6450 6454 Texas Dallas Fort 8828 N. Worth Minority Stemmons Supplier Freeway, 5th 214- 214- [email protected] Development Floor, Ste. 630- 637- Council 550 Dallas 75247 0747 2241 Women’s 2201 N. Arlington 76011 817-817- www.wbcsouthwest.org CAM The University of Texas at Austin 052113 Exhibit H - 24
Organization Address City ZIP Phone FAX Email Business Collins, Ste. 299- 299- Council of the 158 0566 0949 Southwest
Black 1409 S. 214- 214- [email protected] Contractors Lamar St., 485- 485- Association Ste. 251 Dallas 75215 0483 0467
Greater Dallas Asian American 11171 Harry 972- 972- [email protected] Chamber of Hines Blvd., 241- 241- Commerce Ste. 115 Dallas 75229 8250 8270 Dallas Black 2838 Martin 214- 214- Chamber of Luther King 421- 421- [email protected] Commerce Jr. Blvd. Dallas 75215 5200 5510 Greater Dallas Hispanic 214- 214- [email protected] Chamber of 4622 Maple, 521- 520- Commerce Ste. 207 Dallas 75219 6007 1687 Fort Worth Hispanic 817- 817- [email protected] Chamber of 1327 N. Main 625- 625- Commerce St. Fort Worth 76164 5411 1405 Fort Worth Metropolitan 1150 S. 817- 817- [email protected] Black Chamber Freeway, 871- 332- of Commerce Ste. 211 Fort Worth 76104 6538 6438 Regional Hispanic 972- 972- [email protected] Contractors 2210 W. 786- 786- Asso. Illinois Dallas 75224 0909 0910 Fort Worth Business 1150 S. 817- 817- [email protected] Assistance Freeway, 871- 871- Center Ste. 211 Fort Worth 76104 6025 6031 Us US Pan Asian American Chamber of 202 E. 682- [email protected]. Commerce Border St., 367- Southwest Ste. 144 Arlington 76010 1394 Tyler Area 903- 903- Chamber of 315 N. 592- 593- [email protected] Commerce Broadway Tyler 75702 1661 2746 Tyler Metropolitan 903- 903- [email protected] Chamber of 2000 W. 593- 526- Commerce Gentry Pkwy. Tyler 75702 6026 7341 African- American 817- 817- Chamber of PO Box 688- 472- [email protected] Commerce of 202716 Arlington 76006 8225 6368 Arlington, Inc. Houston & Gulf Coast Minority Organizations Houston Minority Supplier Three 713- 713- [email protected] Development Riverway, 271- 271- Council Ste. 555 Houston 77056 7805 9770 Tri-County 4820 832- 281- Black Chamber Caroline, Ste. 875- 501- [email protected] of Commerce 111 Houston 77004 3977 1043 Women PO Box 6757 Houston 77265 713- 713- [email protected] CAM The University of Texas at Austin 052113 Exhibit H - 25
Organization Address City ZIP Phone FAX Email Contractors 807- 807- Association 9977 9917
Women’s 9800 Business Northwest 713- 713- [email protected] Enterprise Freeway, 681- 681- Alliance Ste. 120 Houston 77092 9232 9242 African American Chamber of [email protected] Commerce of 713- 713- Greater 6112 692- 691- Houston Wheatley St. Houston 77091 7003 7131 Houston Citizen’s 713- 713- [email protected] Chamber of 2808 522- 522- Commerce Wheeler Ave. Houston 77004 9745 5965 National Association of Minority Contractors [email protected] (NAMC) Greater 713- 713- Houston 3835 843- 843- Chapter Dacoma St. Houston 77092 3791 3701 Houston Hispanic 713- 713- [email protected] Chamber of 1801 Main 644- 644- Commerce St., Ste. 890 Houston 77002 7070 7377
CAM The University of Texas at Austin 052113 Exhibit H - 26
SAMPLE GOOD FAITH EFFORT HSP PLAN (The following are only to be used as Minimum Guides)
CAM The University of Texas at Austin 052113 Exhibit H - 27
(Place this information on business letterhead – including name, address and telephone number) “Letter of HUB Transmittal for Construction Services” (for HSP Plan and/or Self Performance for Conventional Bid and Competitive Seal Proposal)
Date 4/01/20XX
Muriel D. Kruse HUB Staff Associate Project Management and Construction Services The University of Texas at Austin 1301 E. Dean Keeton, Facilities Services Building 1, Room 2.102 Austin, TX 78722
Re: Historically Underutilized Business Plan for MAI- Renovation of First Floor Contract Number: 12CSPxxx
Dear Ms. Kruse,
In accordance with the requirements outlined in the specification section “Exhibit H – Policy on Utilization of Historically Underutilized Businesses (HUB)s,” I am pleased to forward this HUB Subcontracting Plan (HSP) as an integral part of our response in connection with your invitation for Request for Proposal / Qualifications referencing the above project.
I have read and understand the University of Texas at Austin Policy on Utilization of Historically Underutilized Businesses (HUBs). I also understand the State of Texas Annual Procurement Goal according to 34 Texas Administrative Code section 20.13 is 32.7% for special trade construction, including General Contractors and operative builder’s contracts. This HUB Subcontracting Plan includes 3 Subcontracting Opportunities [refer to Section 2, page 12]. The project Base Proposal contract dollar value is $250,000.00 (do not include alternates). These figures represent a cumulative percentage of 18% for minority-owned HUBs and 14.7% for women-owned HUBs. When a HUB is owned by a minority woman, I have classified that HUB as minority-owned rather than women-owned.
I understand the above HUB percentages must represent Texas Comptroller HUB certification standards. For each of the listed HUB firms, I have attached a Texas Comptroller HUB Certification document.
By completion of Section B-4 of the HUB Subcontracting Plan, I affirm my intent to utilize the subcontractors selected to perform the scope of work to be subcontracted.
Should we discover additional subcontractors claiming Historically Underutilized Business status during the course of this contract we will notify you of the same. In addition, if for some reason a Subcontractor (HUB or Non-HUB) is unable to fulfill its contract with us, we will notify you immediately in order to take the appropriate steps to amend this contractual obligation and submit for approval, a Revised HUB Subcontractor Plan.
Sincerely,
______(Respondent)
cc: Contracting Services
CAM The University of Texas at Austin 052113 Exhibit H - 28
HU HUB SUBCONTRACTING PLAN (HSP)
In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation). NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b). The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.13 are: • 11.2 percent for heavy construction other than building contracts, • 21.1 percent for all building construction, including general contractors and operative builders contracts, • 32.7 percent for all special trade construction contracts, • 23.6 percent for professional services contracts, • 24.6 percent for all other services contracts, and • 21 percent for commodities contracts.
- - Agency Special Instructions/Additional Requirements - -
In accordance with 34 TAC §20.14(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith UT Austin (only) effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s Please check: subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to □ New HUB plan satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Conventional Bid Disparity Study. □
HUB Goal – 32.7% □ Competitive Sealed Proposal Respondents submitting a Conventional Bid or Competitive Sealed Proposal shall submit a HUB Subcontracting Plan (HSP) that meets the Good Faith Effort prescribed in Method B (Attachment B). Construction Manager @ Risk or See instructions for Option Four (4) on HSP Quick Check List. □ No other Good Faith Effort methods will be accepted. Design Build Respondents submitting Construction Manager @ Risk or Design Build delivery method (Two-step process) shall submit: □ JOC / OOL 3. Part One Pre-Construction Services – Option One (if self-performing all pre-con services) or Option Four (if subcontracting all or part of pre-con services). 4. Part Two Building Construction – Option Four only □ Change Order No other Good Faith Effort methods will be accepted. Respondents shall submit a completed HUB Subcontracting Plan (HSP) to be considered responsive. Failure to submit a completed HSP shall result in the bid, proposal or other expression of interest to □ Other: be considered NON- responsive. HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR) shall be submitted with each request for payment as a condition of payment. Please note that phone logs are no longer acceptable as documentation of the good faith effort. Only fax, e-mail and certified letter are acceptable. Seven (7) working Days shall be defined as a normal business days of the University of Texas at Austin, not including weekends or University observed Holidays. The first working day shall be the day following the day that the notice was sent and the 7th day is the day that the response is due.
SECTION 1 RESPONDENT AND REQUISITION INFORMATION a. Respondent (Company) Name: JD Construction Inc. State of Texas VID #: 176xxxxxxx HSP Point of Contact: Jane Smith (person most familiar with HSP plan) Phone #: 512-555-1111
E-mail Address: [email protected] Fax #: b. Is your company a State of Texas certified HUB? - Yes - No c. Solicitation #: 12CSPXXX Bid $ Due Date: 04/01/20XX
(mm/dd/yyyy)
CAM The University of Texas at Austin 052113 Exhibit H - 29
Enter your company’s name here: JD CONSTRUCTION INC. Requisition #: 12CSPXXX
SECTION 2 SUBCONTRACTING INTENTIONS After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.
a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions: - Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b, of this SECTION and continue to Item c of this SECTION.) - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. (If No, continue to SECTION 3.)
b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
HUBs Non-HUBs
Percentage of the contract Percentage of the contract Percentage of the Item # Subcontracting Opportunity Description expected to be subcontracted expected to be subcontracted contract to HUBs with which you have to HUBs with which you have expected to be a continuous contract* in place for had contracts in place for subcontracted five (5) years or less more than five (5) years. to non-HUBs .
1 Drywall 5% % %
2 Painting % % 5%
3 Electrical 10% % %
4 % % %
5 % % %
6 % % %
7 % % %
8 % % %
9 % % %
10 % % %
11 % % %
12 % % %
13 % % %
14 % % %
15 % % % Aggregate percentages of the contract expected to be % subcontracted: 15% 5% (Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/) c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b. □Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) □ No (If No, continue to Item d, of this SECTION.) d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you have had contracts in place with for five (5) years or less meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements”. □ Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) □ No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed)
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime Contractor and a HUB vendor, where the HUB vendor provides the prime Contractor with good or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime Contractor and HUB vendor are entering (have entered) into “new” contracts.
CAM The University of Texas at Austin 052113 Exhibit H - 30
Enter your company’s name here: JD CONSTRUCTION INC Requisition #: 12CSPXXX
SECTION 2 SUBCONTRACTING INTENTIONS (CONTINUATION SHEET) a. This page can be used as a continuation sheet to the HSP Form’s page 2, SECTION 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
HUBs Non-HUBs Percentage of the contract Percentage of the contract Item # Subcontracting Opportunity Description expected to be subcontracted expected to be subcontracted Percentage of the to HUBs with which you have to HUBs with which you have contract expected to be a continuous contract* in place a continuous contract* in place subcontracted to non- for five (5) years or less for more than five (5) years. HUBs.
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
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% % %
% % %
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% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % % Aggregate percentages of the contract expected to be subcontracted: % % %
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime Contractor and a HUB vendor, where the HUB vendor provides the prime Contractor with good or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime Contractor and HUB vendor are entering (have entered) into “new” contracts.
CAM The University of Texas at Austin 052113 Exhibit H - 31
Enter your company’s name here: JD CONSTRUCTION INC Requisition #: 12CSPXXX
SECTION 3 SELF- PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire contract with its own resources. Yes (If Yes, in the space provided below list the specific page(s)/section(s) of your proposal which explains how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.) No (If No, in the space provided below explain how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.) Line Item # - Self Performing Trades Description Line Item # - Self Performing Trades Description (#1) (#4) (#2) (#5) (#3) (#6) Provide explanation in this box:
SECTION 4 AFFIRMATION As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition: • The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded. • The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls). • The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting. • The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.
_____ JANE SMITH______JANE SMITH____ PRESIDENT______04/01/XXXX______Signature Printed Name Title Date
REMINDER: ¾ If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b. ¾ If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.
CAM The University of Texas at Austin 052113 Exhibit H - 32
HSP Good Faith Effort - Method B (Attachment B)
Enter your company’s name here: JD CONSTRUCTION, INC. Requisition #: 12CSPXXX
IMPORTANT: If you responded “No” to SECTION 2, Items c and d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlanAttachment-B.doc
SECTION B-1 SUBCONTRACTING OPPORTUNITY Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing this attachment. Item #: 1 Description: DRYWALL
SECTION B-2 MENTOR PROTÉGÉ PROGRAM If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work. Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé. - Yes (If Yes, to continue to SECTION B-4.) - No / Not Applicable (If No or Not Applicable, continue to SECTION B-3.)
SECTION B-3 NOTIFICATION OF SUBCONTRACTING OPPORTUNITY When completing this section you MUST comply with items a, b, c, and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and minority or women trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ NOTE: Attach all supporting documentation (notification form /certified letter, fax transmittals, electronic mail) demonstrating evidence of your good faith effort to notify the Texas Certified HUBS and minority or women trade organizations or development centers you listed below in items b and d. a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to your submitting your bid response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) and Historically Underutilized Business (HUB) Search directory located at http://www.window.state.tx.us/procurement//cmbl/cmblhub.html. HUB Status code “A” signifies that the company is a Texas certified HUB. b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Vendor ID (VID) number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.
Company Name VID # Date Notice Sent Did the HUB Respond? (mm/dd/yyyy) 123 DRYWALL 1742XXXXXXXXX 04/02/2012 - Yes - No
456 DRYWALL 1742XXXXXXXXX 04/02/2012 - Yes - No
789 DRYWALL 1742XXXXXXXXX 04/02/2012 - Yes - No
c. Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more minority or women trade organizations or development centers to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to minority or women trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/ d. List two (2) minority or women trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.
Date Notice Sent Was the Notice Minority/Women Trade Organizations or Development Centers (mm/dd/yyyy) Accepted?
MINORITY TRADE ORGANIZATION #1 04/01/2012 - Yes - No
MINORITY TRADE ORGANIZATION #2 04/01/2012 - Yes - No
CAM The University of Texas at Austin 052113 Exhibit H - 33
HSP Good Faith Effort - Method B (Attachment B) Cont.
Enter your company’s name here: JD CONSTRUCTION, INC. Requisition #: 12CSPXXX
SECTION B-4 SUBCONTRACTOR SELECTION a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.
Item #: 1 Description: DRYWALL
b. List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas Certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.
Sub Contractor Name Texas VID # Approximate Expected Percentage (also list name of 2nd , 3rd, etc tier suppliers or sub contractors if HUB) Certified HUB (Required if Texas Dollar Amount of Contract Certified HUB) 123 DRYWALL - Yes - No 1742000000000 $ 5000.00 5%
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
c. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
CAM The University of Texas at Austin 052113 Exhibit H - 34
HSP Good Faith Effort - Method B (Attachment B) Enter your company’s name here: JD CONSTRUCTION, INC. Requisition #: 12CSPXXX
IMPORTANT: If you responded “No” to SECTION 2, Items c -and -d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlanAttachment-B.doc
SECTION B-1 SUBCONTRACTING OPPORTUNITY Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing this attachment. Item #: 2 Description: PAINTING
SECTION B-2 MENTOR PROTÉGÉ PROGRAM If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work. Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé. - Yes (If Yes, to continue to SECTION B-4.) - No / Not Applicable (If No or Not Applicable, continue to SECTION B-3.)
SECTION B-3 NOTIFICATION OF SUBCONTRACTING OPPORTUNITY When completing this section you MUST comply with items a, b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and minority or women trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ NOTE: Attach all supporting documentation (notification form /certified letter, fax transmittals, electronic mail) demonstrating evidence of your good faith effort to notify the Texas Certified HUBS and minority or women trade organizations or development centers you listed below in items b and d. a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to your submitting your bid response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) and Historically Underutilized Business (HUB) Search directory located at http://www.window.state.tx.us/procurement//cmbl/cmblhub.html. HUB Status code “A” signifies that the company is a Texas certified HUB. b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Vendor ID (VID) number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.
Company Name VID # Date Notice Sent Did the HUB Respond? (mm/dd/yyyy)
123 PAINTING 1742XXXXXXXXX 04/02/2012 - Yes - No
456 PAINTING 1742XXXXXXXXX 04/02/2012 - Yes - No
789 PAINTING 1742XXXXXXXXX 04/02/2012 - Yes - No
c. Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more minority or women trade organizations or development centers to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to minority or women trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/ d. List two (2) minority or women trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.
Date Notice Sent Was the Notice Minority/Women Trade Organizations or Development Centers (mm/dd/yyyy) Accepted? MINORITY TRADE ORGANIZATION #1 04/01/2012 - Yes - No
MINORITY TRADE ORGANIZATION #2 04/01/2012 - Yes - No
CAM The University of Texas at Austin 052113 Exhibit H - 35
HSP Good Faith Effort - Method B (Attachment B) Cont.
Enter your company’s name here: JD CONSTRUCTION, INC. Requisition #: 12CSPXXX
SECTION B-4 SUBCONTRACTOR SELECTION a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.
Item #: 2 Description: PAINTING
b. List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas Certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.
Sub Contractor Name Texas VID # Approximate Expected Percentage (also list name of 2nd , 3rd, etc tier suppliers or sub contractors if HUB) Certified HUB (Required if Texas Dollar Amount of Contract Certified HUB) 123 PAINTING - Yes - No 1742XXXXXXXXX $ 5000.00 5%
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
c. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
CAM The University of Texas at Austin 052113 Exhibit H - 36
HSP Good Faith Effort - Method B (Attachment B)
Enter your company’s name here: JD CONSTRUCTION, INC. Requisition #: 12CSPXXX
IMPORTANT: If you responded “No” to SECTION 2, Items c and d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlanAttachment-B.doc
SECTION B-1 SUBCONTRACTING OPPORTUNITY Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing this attachment. Item #: 3 Description: ELECTRICAL
SECTION B-2 MENTOR PROTÉGÉ PROGRAM If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work. Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé. - Yes (If Yes, to continue to SECTION B-4.) - No / Not Applicable (If No or Not Applicable, continue to SECTION B-3.)
SECTION B-3 NOTIFICATION OF SUBCONTRACTING OPPORTUNITY When completing this section you MUST comply with items a, b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and minority or women trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ NOTE: Attach all supporting documentation (notification form /certified letter, fax transmittals, electronic mail) demonstrating evidence of your good faith effort to notify the Texas Certified HUBS and minority or women trade organizations or development centers you listed below in items b and d. a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to your submitting your bid response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) and Historically Underutilized Business (HUB) Search directory located at http://www.window.state.tx.us/procurement//cmbl/cmblhub.html. HUB Status code “A” signifies that the company is a Texas certified HUB. b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Vendor ID (VID) number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.
Company Name VID # Date Notice Sent Did the HUB Respond? (mm/dd/yyyy) 123 ELECTRICAL 1742XXXXXXXXX 04/02/2012 - Yes - No
456 ELECTRICAL 1742XXXXXXXXX 04/02/2012 - Yes - No
789 ELECTRICAL 1742XXXXXXXXX 04/02/2012 - Yes - No
c. Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more minority or women trade organizations or development centers to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to minority or women trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/ d. List two (2) minority or women trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.
Date Notice Sent Was the Notice Minority/Women Trade Organizations or Development Centers (mm/dd/yyyy) Accepted? MINORITY TRADE ORGANIZATION #1 04/01/2012 - Yes - No
MINORITY TRADE ORGANIZATION #2 04/01/2012 - Yes - No
CAM The University of Texas at Austin 052113 Exhibit H - 37
HSP Good Faith Effort - Method B (Attachment B) Cont.
Enter your company’s name here: JD CONSTRUCTION, INC. Requisition #: 12CSPXXX
SECTION B-4 SUBCONTRACTOR SELECTION a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.
Item #: 3 Description: ELECTRICAL
b. List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas Certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.
Sub Contractor Name Texas VID # Approximate Expected Percentage (also list name of 2nd , 3rd, etc tier suppliers or sub contractors if HUB) Certified HUB (Required if Texas Dollar Amount of Contract Certified HUB) 123 ELECTRICAL - Yes - No 1742XXXXXXXXX $ 10000.00 10%
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
c. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide
written justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
CAM The University of Texas at Austin 052113 Exhibit H - 38
SAMPLE 100% SELF - PERFORMANCE HSP PLAN (The following are only to be used as Minimum Guides)
CAM The University of Texas at Austin 052113 Exhibit H - 39
(Place this information on business letterhead – including name, address and telephone number) “Letter of HUB Transmittal for Construction Services” (for HSP Plan and/or Self Performance for Conventional Bid and Competitive Seal Proposal)
Date 4/01/20XX
Muriel D. Kruse HUB Staff Associate Project Management and Construction Services The University of Texas at Austin 1301 E. Dean Keeton, Facilities Services Building 1, Room 2.102 Austin, TX 78722 Re: Historically Underutilized Business Plan for MAI - Renovation of First Floor Contract Number: 12CSPxxx
Dear Ms. Kruse:
In accordance with the requirements outlined in the specification section “Exhibit H – Policy on Utilization of Historically Underutilized Businesses (HUB)s,” I am pleased to forward this HUB Subcontracting Plan (HSP) as an integral part of our response in connection with your invitation for Request for Proposal / Qualifications referencing the above project.
I have read and understand the University of Texas at Austin Policy on Utilization of Historically Underutilized Businesses (HUBs). I also understand the State of Texas Annual Procurement Goal according to 34 Texas Administrative Code section 20.13 is 32.7% for special trade construction, including General Contractors and operative builder’s contracts. This HUB Subcontracting Plan includes 0 Subcontracting Opportunities [refer to Section 2, page 12]. The project Base Proposal contract dollar value is $250,000.00 (do not include alternates). These figures represent a cumulative percentage of 0% for minority-owned HUBs and 00% for women-owned HUBs. When a HUB is owned by a minority woman, I have classified that HUB as minority-owned rather than women-owned.
I understand the above HUB percentages must represent Texas Comptroller HUB certification standards. For each of the listed HUB firms, I have attached a Texas Comptroller HUB Certification document.
By completion of Section B-4 of the HUB Subcontracting Plan, I affirm my intent to utilize the subcontractors selected to perform the scope of work to be subcontracted.
Should we discover additional subcontractors claiming Historically Underutilized Business status during the course of this contract we will notify you of the same. In addition, if for some reason a Subcontractor (HUB or Non-HUB) is unable to fulfill its contract with us, we will notify you immediately in order to take the appropriate steps to amend this contractual obligation and submit for approval, a Revised HUB Subcontractor Plan.
Sincerely,
______(Respondent)
cc: Contracting Services
CAM The University of Texas at Austin 052113 Exhibit H - 40
(Rev. 10/11)
HU HUB SUBCONTRACTING PLAN (HSP)
In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation). NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b). The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.13 are: • 11.2 percent for heavy construction other than building contracts, • 21.1 percent for all building construction, including general contractors and operative builders contracts, • 32.7 percent for all special trade construction contracts, • 23.6 percent for professional services contracts, • 24.6 percent for all other services contracts, and • 21 percent for commodities contracts.
- - Agency Special Instructions/Additional Requirements - -
In accordance with 34 TAC §20.14(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith UT Austin (only) effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s Please check: subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent □ New HUB plan must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to
satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas □ Conventional Bid Disparity Study. □ Competitive Sealed Proposal HUB Goal – 32.7% Respondents submitting a Conventional Bid or Competitive Sealed Proposal shall submit a HUB □ Construction Manager @ Risk or Subcontracting Plan (HSP) that meets the Good Faith Effort prescribed in Method B (Attachment B). Design Build See instructions for Option Four (4) on HSP Quick Check List. No other Good Faith Effort methods will be accepted. □ JOC / OOL Respondents submitting Construction Manager @ Risk or Design Build delivery method (Two-step process) shall submit: □ Change Order 5. Part One Pre-Construction Services – Option One (if self-performing all pre-con services) or Option Four (if subcontracting all or part of pre-con services). 6. Part Two Building Construction – Option Four only □ Other: No other Good Faith Effort methods will be accepted. Respondents shall submit a completed HUB Subcontracting Plan (HSP) to be considered responsive. Failure to submit a completed HSP shall result in the bid, proposal or other expression of interest to be considered NON- responsive. HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR) shall be submitted with each request for payment as a condition of payment. Please note that phone logs are no longer acceptable as documentation of the good faith effort. Only fax, e-mail and certified letter are acceptable. Seven (7) working Days shall be defined as a normal business days of the University of Texas at Austin, not including weekends or University observed Holidays. The first working day shall be the day following the day that the notice was sent and the 7th day is the day that the response is due.
SECTION 1 RESPONDENT AND REQUISITION INFORMATION a. Respondent (Company) Name: JD Construction Inc. State of Texas VID #: 176xxxxxxx HSP Point of Contact: Jane Smith (person most familiar with HSP plan) Phone #: 512-555-1111 E-mail Address: [email protected] Fax #: 512-555-1112 b. Is your company a State of Texas certified HUB? - Yes - No c. Solicitation #: 12CSPXXX Bid $ Due Date: 04/01/20XX
(mm/dd/yyyy)
CAM The University of Texas at Austin 052113 Exhibit H - 41
Enter your company’s name here: JD CONSTRUCTION INC. Requisition #: 12CSPXXX
SECTION 2 SUBCONTRACTING INTENTIONS After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.
a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions: - Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b, of this SECTION and continue to Item c of this SECTION.) - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. (If No, continue to SECTION 3.) b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
HUBs Non-HUBs Percentage of the contract Percentage of the contract Item # Subcontracting Opportunity Description expected to be subcontracted expected to be subcontracted Percentage of the contract to HUBs with which you have to HUBs with which you have expected to be subcontracted a continuous contract* in place for a continuous contract* in place to non-HUBs . five (5) years or less for more than five (5) years.
1 % % %
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15 % % % Aggregate percentages of the contract expected to be % % subcontracted: % (Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/) c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b. □Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) □ No (If No, continue to Item d, of this SECTION.) d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you have had contracts in place with for five (5) years or less meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements”. □ Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) □ No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed)
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime Contractor and a HUB vendor, where the HUB vendor provides the prime Contractor with good or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime Contractor and HUB vendor are entering (have entered) into “new” contracts.
CAM The University of Texas at Austin 052113 Exhibit H - 42
(Rev. 10/11)
Enter your company’s name here: JD CONSTRUCTION INC Requisition #: 12CSPXXX
SECTION 2 SUBCONTRACTING INTENTIONS (CONTINUATION SHEET) a. This page can be used as a continuation sheet to the HSP Form’s page 2, SECTION 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
HUBs Non-HUBs Percentage of the contract Percentage of the contract Item # Subcontracting Opportunity Description expected to be subcontracted expected to be subcontracted Percentage of the to HUBs with which you have to HUBs with which you have contract expected to be a continuous contract* in place for a continuous contract* in place for subcontracted to non- five (5) years or less more than five (5) years. HUBs .
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% % % Aggregate percentages of the contract expected to be subcontracted: % % %
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime Contractor and a HUB vendor, where the HUB vendor provides the prime Contractor with good or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the
contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than
renewals or extensions to the original contract. In such situations the prime Contractor and HUB vendor are entering (have entered) into “new” contracts.
CAM The University of Texas at Austin 052113 Exhibit H - 43
(Rev. 10/11)
Enter your company’s name here: JD CONSTRUCTION INC Requisition #: 12CSPXXX
SECTION 3 SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire contract with its own resources. Yes (If Yes, in the space provided below list the specific page(s)/section(s) of your proposal which explains how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.) No (If No, in the space provided below explain how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.)
Line Item # - Self Performing Trades Description Line Item # - Self Performing Trades Description (#1) (#4) (#2) (#5) (#3) (#6) Provide explanation in this box:
YES: JD Construction has provided in detail in our proposal, how we intend to perform all aspect of this project with in-house resources. We have also included a copy of that information. See attachment.
NO: JD Construction, Inc. has employees, supplies, and equipment in-house to perform all aspects of this project.
SECTION 4 AFFIRMATION As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition: • The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded. • The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls). • The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting. • The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.
_____JANE SMITH______JANE SMITH______PRESIDENT______04/01/XXXX______Signature Printed Name Title Date
REMINDER: ¾ If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b. ¾ If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.
CAM The University of Texas at Austin 052113 Exhibit H - 44
Contract No.: XXX CP No.: XX
STANDARD AGREEMENT BETWEEN OWNER AND CONTRACTOR for University of Texas at Austin Construction Projects
This Agreement is made as of XX, 2014 (the “Effective Date”), by and between
The Owner: The Board of Regents of The University of Texas System c/o University of Texas at Austin 1301 E. Dean Keeton Austin, TX, 78722
and Contractor: [Contractor] [Address] [Address] (Corporate Address) [Address] [Address] (Mailing Address)
Texas Tax Account No. : XX-XXXXXXX for the Project: Project BLDG
Project Number: CP
Contract Number: Contract
UTUGC Version: September 1, 2013
Project Architect: PSP Address
ROCIP: No
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The Owner and the Contractor agree as follows:
TABLE OF CONTENTS
ARTICLE LIST OF EXHIBITS 1 SCOPE OF WORK
2 CONTRACT DOCUMENTS The following Exhibits are incorporated 3 THE CONTRACT SUM into the Agreement as if set out verbatim. 4 TIME OF COMPLETION 5 LIQUIDATED DAMAGES Ex.A September 1, 2013 6 HUB SUBCONTRACTING PLAN Uniform 7 SAFETY General Conditions for The 8 CERTIFICATION OF NO ASBESTOS University of Texas System CONTAINING MATERIALS OR WORK Building Construction Contracts (UTUGCs) – By reference to 9 PRE-EXISTING CONDITIONS Project Specifications Dated 10 BONDS AND INSURANCE 00/00/00 11 OCIP INSURED PROJECT (Optional) 12 CONTRACTOR’S SPECIAL Ex.B Owner’s Special Conditions and WARRANTIES AND Specifications – By reference to RESPONSIBILITIES Project Specifications Dated 00/00/00 13 INDEMNITY 14 PARTY REPRESENTATIVES Ex.C Contractor’s Proposal Dated 15 NOTICES 00/00/00 - By reference 16 MISCELLANEOUS PROVISIONS 17 BONDS AND INSURANCE Ex.D List of Drawings, Specifications Dated 00/00/00 Addenda No. 1 Dated 00/00/00, (Add any other addenda issued)
Ex.E HUB Subcontracting Plan
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ARTICLE 1 SCOPE OF WORK
The Contractor has overall responsibility for and shall provide and furnish all materials, equipment, tools and labor as necessary or reasonably inferable to complete the Work, or any phase of the Work, in accordance with the Owner’s requirements and the terms of the Contract Documents.
ARTICLE 2 CONTRACT DOCUMENTS
2.1 The Contract Documents consist of:
a. This Agreement and all exhibits and attachments listed, contained or referenced in this Agreement; b. The Uniform General Conditions for The University of Texas System Building Construction Contracts (UTUGC), applicable version identified, above; c. Owner’s Special Conditions and Owner’s Specifications; d. All Addenda issued before the Effective Date of this Agreement; e. All Alternate Bid Proposals accepted by the Owner before the Effective Date of this Agreement; f. All Change Orders issued after the Effective Date of this Agreement; g. The Drawings, Specifications, details and other documents developed by Project Architect to describe the Project and accepted by Owner; h. The Drawings and Specifications developed or prepared by Owner’s other consultants, if any, and accepted by the Owner; and i. The HUB Subcontracting plan submitted by the Contractor in response to the Request for Proposals issued by the Owner for this Project. j. Contractor’s Proposal if incorporated into the Project. To the extent of any conflict between Contractor’s Proposal and any other Contract Document, the Contact Document shall govern.
2.2 The Contract Documents form the entire and integrated Contract between Owner and Contractor and supersede all prior negotiations, representations or agreements, written or oral.
ARTICLE 3 THE CONTRACT SUM:
3.1 The Owner shall pay the Contractor for performance of the Contract, including the Base Proposal and Alternate Proposal(s), the sum of $XX and No/100 DOLLARS ($00.00), and make payment on account as provided in the UTUGCs.
3.2 The following Alternate Proposals, fully described in the Specifications and Drawings, are included as a part of the contract sum: ALTNERNATE OR NONE.
ARTICLE 4 TIME OF COMPLETION:
The Owner shall issue a Notice to Proceed identifying the date for commencement of the Work. The Contractor shall achieve substantial completion of the Work within ______(____) calendar days after the commencement date, as such completion date may be extended by approved Change Orders. THE TIME SET FORTH FOR COMPLETION OF THE WORK IS AN ESSENTIAL ELEMENT OF THE CONTRACT.
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ARTICLE 5 LIQUIDATED DAMAGES:
For each consecutive calendar day after the expiration of the substantial completion period set forth in Article 4 that any incomplete Work prevents or impairs the Owner’s ability to operate and use the Project for its intended purposes, including the correction of deficiencies found during the final testing and inspection, the amount of $XX and No/Dollars ($0.00) will be deducted from the money due or that becomes due the Contractor, not as a penalty but as liquidated damages representing the parties' estimate at the time of executing this Agreement of the damages that the Owner will sustain for late completion.
ARTICLE 6 HUB SUBCONTRACTING PLAN:
The Owner has adopted Exhibit H, Policy on Utilization of Historically Underutilized Business ("Policy"), which is incorporated herein by reference. Contractor, as a provision of the Agreement must comply with the requirements of the Policy and adhere to the HUB Subcontracting Plan submitted with Contractor's Proposal and attached as Exhibit E. No changes to the HUB Subcontracting Plan can be made by the Contractor without the prior written approval of the Owner in accordance with the Policy.
ARTICLE 7 SAFETY
7.1 In accordance with the UTUGCs, Contractor is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The safety program shall comply with all applicable requirements of the Occupational Safety and Health Act of 1970 and all other applicable federal, state and local laws and regulations and with the requirements of Owner’s project safety specification.
7.2 Contractor shall provide recommendations and information to Owner and Project Architect regarding the assignment of responsibilities for safety precautions and programs, temporary Project facilities, and equipment, materials, and services for common use of the Subcontractors. Contractor shall verify that appropriate safety provisions are included in the Construction Documents. The existence or creation of any Owner controlled insurance program in connection with the Work shall not lessen or reduce the Contractor’s safety responsibilities.
ARTICLE 8 CERTIFICATION OF NO ASBESTOS CONTAINING MATERIALS OR WORK
8.1 The Contractor shall be responsible for ensuring that no asbestos containing materials or work is included within the scope of the Work. The Contractor shall take whatever measures it deems necessary to insure that all employees, suppliers, fabricators, material men, subcontractors, or their assigns, comply with this requirement.
8.2 The Contractor shall ensure that Texas Department of Health licensed individuals, consultants or companies are used for any required asbestos work including asbestos inspection, asbestos abatement plans/specifications, asbestos abatement, asbestos project management and third-party asbestos monitoring.
8.3 At Substantial Completion and Final Completion the Contractor shall provide a certification letter certifying that the Work does not contain asbestos as required by the UTUGCs.
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ARTICLE 9 PRE-EXISTING CONDITIONS
The Contractor acknowledges that it has been provided unrestricted access to the existing improvements and conditions on the Project site and that it has thoroughly investigated those conditions. Contractor’s investigation was instrumental in preparing its Proposal to perform the Work. Contractor shall not make or be entitled to any adjustment to the Contract Time or the Contract Sum arising from Project conditions that Contractor discovered or, in the exercise of reasonable care, should have discovered in Contractor’s investigation.
ARTICLE 10 BONDS AND INSURANCE
10.1 The Contractor shall provide performance and payment bonds on forms prescribed by Owner and in accordance with the requirements set forth in the UTUGCs. The penal sum of the payment and performance bonds shall be equal to the Contract Sum.
10.2 The Contractor shall not commence work under the Agreement until it has obtained all insurance coverage as required by the UTUGCs and until evidence of the required insurance has been reviewed and approved by the Owner. Owner’s review of the insurance shall not relieve nor decrease the liability of the Contractor.
10.3 In the event that the Owner does implement an Owner Controlled Insurance Program (OCIP) for this Project, the Contractor shall refer to the OCIP specification for a complete listing of coverages provided by the OCIP. Any coverages required by the UTUGCs that is not provided through the OCIP shall be provided by the Contractor.
ARTICLE 12 CONTRACTOR’S SPECIAL WARRANTIES AND RESPONSIBILITIES
12.1 Contractor agrees and acknowledges that Owner is entering into this Agreement in reliance on Contractor's represented expertise and ability to provide construction services. Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and procedures.
12.2 Contractor represents and agrees that it will perform its services in accordance with the usual and customary standards of Contractor’s profession or business and in compliance with all applicable national, federal, state, and municipal, laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants, and any harm caused by the negligent or improper work or services.
12.3 Contractor's duties shall not be diminished by any approval by Owner nor shall the Contractor be released from any liability by any approval by Owner, it being understood that the Owner is ultimately relying upon the Contractor’s skill and knowledge in performing the services required by this Agreement.
12.4 Contractor represents and agrees that all persons connected with the Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if registration is required.
12.5 Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to
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Contract No.: XXX CP No.: XX the Contractor (by the Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished.
12.6 The Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner.
12.7 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement.
12.8 Contractor represents and agrees that the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and to bind Contractor to its terms.
12.9 Contractor shall designate a representative authorized to act on Contractor’s behalf with respect to the Project.
12.10 Contractor shall establish and maintain a numbering and tracking system for all Project records including, but not limited to, changes, requests for information, submittals, and supplementary instructions and shall provide updated records to the Owner when requested.
12.11 Except for the obligation of Owner to pay Contractor certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to Contractor, no present or future partner or affiliate of Owner or any agent, officer, director, employee, or regent of Owner, The University of Texas System, or of the components comprising The University of Texas System, or anyone claiming under Owner has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.
ARTICLE 13 INDEMNITY
13.1 SEE ARTICLE 3 OF THE UNIFORM GENERAL CONDITIONS FOR UNIVERSITY OF TEXAS SYSTEM BUILDING CONSTRUCTION CONTRACTS FOR CONTRACTOR’S GENERAL INDEMNIFICATION OBLIGATIONS.
ARTICLE 14 PARTY REPRESENTATIVES
14.1 The Owner’s Designated Representative authorized to act in the Owner's behalf with respect to the Project is:
Project Manager Name Project Manager, Project Management and Construction Services University of Texas at Austin 1301 E. Dean Keeton Austin, Texas, 78722 512-XXX-XXXX [Email Address]
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14.2 The Contractor’s designated representative authorized to act on the Contractor’s behalf and bind the Contractor with respect to the Project is:
[Contractor’s Project Manager Name] [Title] [Company Name] [Address] [Address] [Phone Number] [Email Address]
14.3 The parties may make reasonable changes in their designated representatives upon advance written notice to the other party.
ARTICLE 15 NOTICES
Notices of claims or disputes or other legal notices required by this Agreement shall be sent to the following persons at the indicated locations.
If to Owner: Steven A. Kraal Senior Associate Vice President Campus Planning and Facilities Management University of Texas at Austin 1301 E. Dean Keeton Austin, Texas, 78722
With Copies to: Mindy J. Cool Manager, Procurement and Compliance University of Texas at Austin 1301 E. Dean Keeton Austin, Texas, 78722
If to Contractor: [Contractor’s Project Manager Name] [Title] [Company Name] [Address] [Address]
The parties may make reasonable changes in the person or place designated for receipt of notices upon advance written notice to the other party.
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ARTICLE 16 MISCELLANEOUS PROVISIONS
16.1 Assignment. This Agreement is a personal service contract for the services of Contractor, and Contractor’s interest in this Agreement, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party without the written consent of the Owner.
16.2 Records of expenses pertaining to Additional Services and services performed on the basis of a Worker Wage Rate or Monthly Salary Rate shall be kept on the basis of generally accepted accounting principles and in accordance with cost accounting standards promulgated by the Federal Office of Management and Budget Cost Accounting Standards Board and shall be available for audit by the Owner or the Owner's authorized representative on reasonable notice.
16.3 Family Code Child Support Certification. Pursuant to Section 231.006, Texas Family Code, Service Provider certifies that it is not ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.
16.4 Franchise Tax Certification. A corporate or limited liability company Contractor certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171 of the Texas Tax Code, or that the corporation or limited liability company is exempt from the payment of such taxes, or that the corporation or limited liability company is an out-of-state corporation or limited liability company that is not subject to the Texas Franchise Tax, whichever is applicable.
16.5 Payment of Debt or Delinquency to the State. Pursuant to Sections 2107.008 and 2252.903, Texas Government Code, Contractor agrees that any payments owing to Contractor under this Agreement may be applied directly toward any debt or delinquency that Contractor owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.
16.6 Entire Agreement; Modifications. This Agreement supersedes all prior agreements, written or oral, between Contractor and Owner and shall constitute the entire Agreement and understanding between the parties with respect to the Project. This Agreement and each of its provisions shall be binding upon the parties and may not be waived, modified, amended or altered except by a writing signed by Contractor and Owner.
16.7 Captions. The captions of paragraphs in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
16.8 Governing Law and Venue. This Agreement and all of the rights and obligations of the parties and all of the terms and conditions shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas without reference to its conflicts of law provisions. Travis County, Texas or the county where the Project is located shall be the sole places of venue for any legal action arising from or related to this Agreement or the Project in which the Owner is a party.
16.9 Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.
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16.10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.
16.11 Appointment. Owner hereby expressly reserves the right from time to time to designate by notice to Contractor a representative(s) to act partially or wholly for Owner in connection with the performance of Owner's obligations. Contractor shall act only upon instructions from the designated representative(s) unless otherwise specifically notified to the contrary.
16.12 Records. Records of Contractor’s costs, reimbursable expenses pertaining to the Project and payments shall be available to Owner or its authorized representative during business hours and shall be retained for four (4) years after final Payment or abandonment of the Project, unless Owner otherwise instructs Contractor in writing.
16.13 Notices. All notices, consents, approvals, demands, requests or other communications relied on by the parties shall be in writing. Written notice shall be deemed to have been given when delivered in person to the designated representative of the Contractor or Owner for whom it is intended; or sent by U. S. Mail to the last known business address of the designated representative; or transmitted by fax machine to the last know business fax number of the designated representative. Mail notices are deemed effective upon receipt or on the third business day after the date of mailing, whichever is sooner. Fax notices are deemed effective the next business day after faxing.
16.14 Severability. Should any term or provision of this Agreement be held invalid or unenforceable in any respect, the remaining terms and provisions shall not be affected and this Agreement shall be construed as if the invalid or unenforceable term or provision had never been included.
16.15 Illegal Dumping. The Contractor shall ensure that it and all of its Subcontractors and assigns prevent illegal dumping of litter in accordance with Title 5, Texas Health and Safety Code, Chapter 365.
16.16 By signature hereon, Contractor certifies that no member of the Board of Regents of The University of Texas System, or Executive Officers, including component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of this contract.
16.17 Ethics Matters; No Financial Interest. Contractor and its employees, agents, representatives and subcontractors have read and understand University’s Conflicts of Interest Policy available at http://www.utsystem.edu/policy/policies/int160.html, University’s Standards of Conduct Guide available at http://www.utsystem.edu/systemcompliance/, and applicable state ethics laws and rules available at www.utsystem.edu/ogc/ethics. Neither Contractor nor its employees, agents, representatives or subcontractors will assist or cause University employees to violate University’s Conflicts of Interest Policy, provisions described by University’s Standards of Conduct Guide, or applicable state ethics laws or rules. Contractor represents and warrants that no member of the Board has a direct or indirect financial interest in the transaction that is the subject of this Agreement.
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BY SIGNING BELOW, the Parties have executed and bound themselves to this Agreement as of the day and year first above written.
(SEAL) (Contractor)
ATTEST:
By: By: (original signature) (original signature) Name: Name: Title: Title:
Date: Date:
CONTENT APPROVED: UNIVERSITY OF TEXAS AT AUSTIN (Owner)
By: By:
Name: Mindy J. Cool Name: Steve A. Kraal Title: Manager, Procurement & Compliance Title: Senior Associate Vice President Campus Planning and Facilities Management
Date: Date:
Contract 00/00/2014 Page 10 of 10
PERFORMANCE BOND
Surety Bond No. ______
STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS COUNTY OF }
That we, ______as Principal, and ______as Surety are hereby held and firmly bound unto the State of Texas as Obligee in the penal sum of ______Dollars $______for the payment whereof, the said Principal an Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
The conditions of this obligation are such that whereas the Principal entered into a certain Contract, hereto attached and made a part hereof, with the State of Texas , acting by and through the Board of Regents of The University of Texas System for and on behalf of, The University of Texas at Austin dated ______, ______, for ______(Project No. ______).
NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall faithfully perform the Contract in accordance with the Plans and Specifications and Contract Documents, and shall fully indemnify and save harmless the State of Texas from all cost and damage which the State of Texas may suffer by reason of Principal’s default or failure so to do and shall fully reimburse and repay the State of Texas all outlay and expense which the State of Texas may incur in making good any such default, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
In the event the Principal is declared in default under the said Contract, the Surety will, within fifteen (15) days of the State of Texas’ declaration of such default, take over and assume completion of said Contract and become entitled to the payment of the balance of the Contract Price. Conditioned upon the Surety’s faithful performance of its obligations, the liability of the Surety for the Principal’s default shall not exceed the penalty of this bond.
The Surety agrees to pay to the State of Texas upon demand all loss and expense, including attorney’s fee, incurred by the State of Texas by reason of or on account of any breach of this obligation by Surety.
This bond is issued pursuant to the requirements in Section 2253.021, Texas Government Code, as amended.
Provided further, that if any legal action be filed upon this bond, venue shall lie in the county where the said Contract is to be performed.
Provided further, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract, or to the work to be performed there under, or the Specifications accompanying the same, shall in anywise affect its obligation 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 or to the work or to the Specifications.
PMCS 041502 PERBND-1 By signature hereon, if the amount of this bond exceeds $100,000, then the Surety attests that at the time the bond was executed (and Surety shall provide the Obligee with evidence of the following): (1) it was a holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) had reinsured any liablitiy in excess of $100,000 by a reinsurer holding a certificate of authority from the United States Secretary of the Treasury.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this ______day of ______, in the year ______, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(SEAL) ______Principal ATTEST:
______By: ______(Signature) (Signature) ______(Typed Name and Title) (Typed Name and Title)
______Surety (SEAL) ATTEST: ______By: ______(Signature) (Signature) ______(Typed Name and Title) (Typed Name and Title)
Surety’s Texas Local Recording Surety’s Home Office Agent or Agent or Resident Agent: Servicing Agent:
______Name______(Signature) ______Title______(Typed Name) License No.:______Address: ______
File No.: ______
Address: ______Telephone No. ______
______
Telephone No. ______
PMCS 041502 PERBND-2 PAYMENT BOND
Surety Bond No. ______
STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS COUNTY OF }
That we, ______as Principal, and ______as Surety are hereby held and firmly bound unto the State of Texas as Obligee in the penal sum of ______Dollars $______for the payment whereof, the said Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
The conditions of this obligation are such that whereas the Principal entered into a certain Contract, hereto attached and made a part hereof, with the State of Texas, acting by and through the Board of Regents of The University of Texas System for and on behalf of, The University of Texas at Austin dated ______, ______, for ______(Project No. ______).
NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payments to all claimants as defined in Chapter 2253 of the Texas Government Code, as amended, of all persons supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, but otherwise it shall remain in full force and effect.
In the event that the Principal fails to promptly pay when due persons who have supplied labor, materials, or supplies used in the performance of said Contract, the Surety will, upon receipt of notice from the State of Texas or a claim in the form required by law, satisfy all undisputed balances due and make arrangements satisfactory to the interested parties to resolve all amounts disputed in good faith, but in no event shall the liability of the Surety for the Principal’s failure to promptly pay for labor, materials, or supplies exceed the penalty of this bond.
The Surety agrees to pay to the State of Texas upon demand all loss and expense, including attorney’s fees, incurred by the State of Texas by reason or on account of any breach of this obligation by Surety.
Provided further, that this bond is made and entered into for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said contract, and all such claimants shall have a direct right of action under the bond as provided in Section 2253.021, Texas Government Code, as amended. If any legal action is filed upon this bond, venue shall lie in the county where the said Contract is to be performed.
By signature hereon, if the amount of this bond exceeds $100,000, then the Surety attests that at the time the bond was executed (and Surety shall provide the Obligee with evidence of the following):
(1) it was a holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) had reinsured any liability in excess of $100,000 by a reinsurer holding a certificate of authority from the United States Secretary of the Treasury.
PMCS 041502 PAYBND-1 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this ______day of ______, in the year ______, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(SEAL) ______Principal ATTEST:
______By: ______(Signature) (Signature) ______(Typed Name and Title) (Typed Name and Title)
______Surety (SEAL) ATTEST: ______By: ______(Signature) (Signature) ______(Typed Name and Title) (Typed Name and Title)
Surety’s Texas Local Recording Surety’s Home Office Agent or Agent or Resident Agent: Servicing Agent:
______Name______(Signature) ______Title______(Typed Name)
License No.:______Address: ______
File No.: ______
Address: ______Telephone No. ______
______
Telephone No. ______
PMCS 041502 PAYBND-2 2013 Uniform General Conditions for University of Texas System Building Construction Contracts For use on all UT System and Institutional Construction Projects executed on or after September 1, 2013.
Table of Contents
Article 1. Definitions
Article 2. Wage Rates and Other Laws Governing Construction
Article 3. General Responsibilities of Owner and Contractor
Article 4. Historically Underutilized Business (HUB) Subcontracting Plan
Article 5. Bonds and Insurance
Article 6. Construction Documents, Coordination Documents, and Record Documents
Article 7. Construction Safety
Article 8. Quality Control
Article 9. Construction Schedules
Article 10. Payments
Article 11. Changes
Article 12. Project Completion and Acceptance
Article 13. Warranty and Guarantee
Article 14. Suspension and Termination
Article 15. Dispute Resolution
Article 16. Certification of No Asbestos Containing Material or Work
Article 17. Miscellaneous
Issued on September 1, 2013 2013 Uniform General Conditions for UT System Construction Projects
Article 1. Definitions
Unless the context clearly requires another meaning, the following terms have the meaning assigned herein.
1.1 Application for Payment means Contractor’s monthly partial invoice for payment that includes any portion of the Work that has been completed for which an invoice has not been submitted and performed in accordance with the requirements of the Contract Documents. The Application for Payment accurately reflects the progress of the Work, is itemized based on the Schedule of Values, bears the notarized signature of Contractor, and shall not include subcontracted items for which Contractor does not intend to pay.
1.2 Application for Final Payment means Contractor’s final invoice for payment that includes any portion of the Work that has been completed for which an invoice has not been submitted, amounts owing to adjustments to the final Contract Sum resulting from approved change orders, and release of remaining Contractor’s retainage.
1.3 Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex. Occ. Code Ann., Chapter 1051, as a landscape architect pursuant to Tex. Occ. Code Ann., Chapter 1052, a person licensed as a professional engineer pursuant Tex. Occ. Code Ann., Chapter 1001, and/or a firm employed by Owner or Design-Build Contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.
1.4 Baseline Schedule means the initial time schedule prepared by Contractor for Owner’s information and acceptance that conveys Contractor’s and Subcontractors’ activities (including coordination and review activities required in the Contract Documents to be performed by A/E and ODR), durations, and sequence of work related to the entire Project to the extent required by the Contract Documents. The schedule clearly demonstrates the critical path of activities, durations and necessary predecessor conditions that drive the end date of the schedule. The Baseline Schedule shall not exceed the time limit current under the Contract Documents.
1.5 Certificate of Final Completion means the certificate issued by A/E that documents, to the best of A/E’s knowledge and understanding, Contractor’s completion of all Contractor’s Punchlist items and pre-final Punchlist items, final cleanup and Contractor’s provision of Record Documents, operations and maintenance manuals, and all other Close-Out documents required by the Contract Documents.
1.6 Change Order means a written modification of the Contract between Owner and Contractor, signed by Owner, Contractor and A/E.
1.7 Close-out Documents mean the product brochures, submittals, product/equipment maintenance and operations instructions, manuals, and other documents/warranties, record documents, affidavit of payment, release of lien and claim, and as may be further defined, identified, and required by the Contract Documents.
1.8 Contract means the entire agreement between Owner and Contractor, including all of the Contract Documents.
1.9 Contract Date is the date when the agreement between Owner and Contractor becomes effective.
1.10 Contract Documents mean those documents identified as a component of the agreement (Contract) between Owner and Contractor. These may include, but are not limited to, Drawings; Specifications; General, and Owner’s Special Conditions; and all pre-bid and/or pre-proposal addenda.
1.11 Contract Sum means the total compensation payable to Contractor for completion of the Work in accordance with the terms of the Contract.
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1.12 Contract Time means the period between the start date identified in the Notice to Proceed with construction and the Substantial Completion date identified in the Notice to Proceed or as subsequently amended by a Change Order.
1.13 Contractor means the individual, corporation, limited liability company, partnership, firm, or other entity contracted to perform the Work, regardless of the type of construction contract used, so that the term as used herein includes a Construction Manager-at-Risk or a Design-Build firm as well as a general or prime Contractor. The Contract Documents refer to Contractor as if singular in number.
1.14 Construction Documents mean the Drawings, Specifications, and other documents issued to build the Project. Construction Documents become part of the Contract Documents when listed in the Contract or any Change Order.
1.15 Construction Manager-at-Risk, in accordance with Tex. Educ. Code § 51.782, means a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility at the contracted price as a general Contractor and provides consultation to Owner regarding construction during and after the design of the facility.
1.16 Date of Commencement means the date designated in the Notice to Proceed for Contractor to commence the Work.
1.17 Day means a calendar day unless otherwise specifically stipulated.
1.18 Design-Build means a project delivery method in which the detailed design and subsequent construction is provided through a single contract with a Design-Build firm; a team, partnership, or legal entity that includes design professionals and a builder. The Design-Build Project delivery shall be implemented in accordance with Tex. Educ. Code § 51.780.
1.19 Drawings mean that product of A/E which graphically depicts the Work.
1.20 Final Completion means the date determined and certified by A/E and Owner on which the Work is fully and satisfactorily complete in accordance with the Contract.
1.21 Final Payment means the last and final monetary compensation made to Contractor for any portion of the Work that has been completed and accepted for which payment has not been made, amounts owing to adjustments to the final Contract Sum resulting from approved change orders, and release of Contractor’s retainage.
1.22 Historically Underutilized Business (HUB) pursuant to Tex. Gov’t Code, Chapter 2161, means a business that is at least fifty one percent (51%) owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American and/or an American Woman; is an entity with its principal place of business in Texas; and has an owner residing in Texas with proportionate interest that actively participates in the control, operations, and management of the entity’s affairs.
1.23 Notice to Proceed means written document informing Contractor of the dates beginning Work and the dates anticipated for Substantial Completion.
1.24 Open Item List means a list of work activities, Punchlist items, changes or other issues that are not expected by Owner and Contractor to be complete prior to Substantial Completion.
1.25 Owner means the State of Texas, and any agency of the State of Texas, acting through the responsible entity of the State of Texas identified in the Contract as Owner.
1.26 Owner’s Designated Representative (ODR) means the individual assigned by Owner to act on its behalf and to undertake certain activities as specifically outlined in the Contract. ODR is the only party authorized to direct changes to the scope, cost, or time of the Contract.
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1.27 Owner’s Special Conditions mean the documents containing terms and conditions which may be unique to the Project. Owner’s Special Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions.
1.28 Project means all activities necessary for realization Owner’s desired building or other structure including all ancillary and related work. This includes design, contract award(s), execution of the Work itself, work by Owner’s forces and/or other Contractors and fulfillment of all Contract and warranty obligations.
1.29 Progress Assessment Report (PAR) means the monthly compliance report to Owner verifying compliance with the HUB subcontracting plan (HSP).
1.30 Proposed Change Order (PCO) means a document that informs Contractor of a proposed change in the Work and appropriately describes or otherwise documents such change including Contractor’s response of pricing for the proposed change.
1.31 Punchlist means a list of items of Work to be completed or corrected by Contractor before Final Completion. Punchlists indicate items to be finished, remaining Work to be performed, or Work that does not meet quality or quantity requirements as required in the Contract Documents.
1.32 Record Documents mean the drawing set, Specifications, and other materials maintained by Contractor that documents all addenda, Architect’s Supplemental Instructions, Change Orders and postings and markings that record the as-constructed conditions of the Work and all changes made during construction.
1.33 Request for Information (RFI) means a written request by Contractor directed to A/E or ODR for a clarification of the information provided in the Contract Documents or for direction concerning information necessary to perform the Work that may be omitted from the Contract Documents.
1.34 Samples mean representative physical examples of materials, equipment, or workmanship used to confirm compliance with requirements and/or to establish standards for use in execution of the Work.
1.35 Schedule of Values means the detailed breakdown of the cost of the materials, labor, and equipment necessary to accomplish the Work as described in the Contract Documents, submitted by Contractor for approval by Owner and A/E.
1.36 Shop Drawings mean the drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data prepared by Contractor or its agents which detail a portion of the Work.
1.37 Site means the geographical area of the location of the Work.
1.38 Specifications mean the written product of A/E that establishes the quality and/or performance of products utilized in the Work and processes to be used, including testing and verification for producing the Work.
1.39 Subcontractor means a business entity that enters into an agreement with Contractor to perform part of the Work or to provide services, materials, or equipment for use in the Work.
1.40 Submittal Register means a list provided by Contractor of all items to be furnished for review and approval by A/E and Owner and as identified in the Contract Documents including anticipated sequence and submittal dates.
1.41 Substantial Completion means the date determined and certified by Contractor, A/E, and Owner when the Work, or a designated portion thereof, is sufficiently complete, in accordance with the Contract, so as to be operational and fit for the use intended.
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1.42 Unit Price Work means the Work, or a portion of the Work, paid for based on incremental units of measurement.
1.43 Unilateral Change Order (ULCO) means a Change Order issued by Owner without the complete agreement of Contractor, as to cost and/or time.
1.44 Work means the administration, procurement, materials, equipment, construction and all services necessary for Contractor, and/or its agents, to fulfill Contractor’s obligations under the Contract.
1.45 Work Progress Schedule means the continually updated time schedule prepared and monitored by Contractor that accurately indicates all necessary appropriate revisions as required by the conditions of the Work and the Project while maintaining a concise comparison to the Baseline Schedule.
Article 2. Wage Rates and Other Laws Governing Construction
2.1 Environmental Regulations. Contractor shall conduct activities in compliance with applicable laws and regulations and other requirements of the Contract relating to the environment and its protection at all times. Unless otherwise specifically determined, Owner is responsible for obtaining and maintaining permits related to stormwater run-off. Contractor shall conduct operations consistent with stormwater run-off permit conditions. Contractor is responsible for all items it brings to the Site, including hazardous materials, and all such items brought to the Site by its Subcontractors and suppliers, or by other entities subject to direction of Contractor. Contractor shall not incorporate hazardous materials into the Work without prior approval of Owner, and shall provide an affidavit attesting to such in association with request for Substantial Completion inspection.
2.2 Wage Rates. Contractor shall not pay less than the wage scale of the various classes of labor as shown on the prevailing wage schedule provided by Owner in the bid or proposal specifications. The specified wage rates are minimum rates only. Owner is not bound to pay any claims for additional compensation made by any Contractor because the Contractor pays wages in excess of the applicable minimum rate contained in the Contract. The prevailing wage schedule is not a representation that qualified labor adequate to perform the Work is available locally at the prevailing wage rates.
2.2.1 Notification to Workers. Contractor shall post the prevailing wage schedule in a place conspicuous to all workers on the Project Site and shall notify each worker, in writing, of the following as they commence work on the Contract: the worker’s job classification, the established minimum wage rate requirement for that classification, as well as the worker’s actual wage. The notice must be delivered to and signed in acknowledgement of receipt by the worker and must list both the wages and fringe benefits to be paid or furnished for each classification in which the worker is assigned duties. When requested by Owner, Contractor shall furnish evidence of compliance with the Texas Prevailing Wage Law and the addresses of all workers.
2.2.1.1 Contractor shall submit a copy of each worker’s wage-rate notification to ODR with the application for progress payment for the period during which the worker was engaged in activities on behalf of the Project.
2.2.1.2 The prevailing wage schedule is determined by Owner in compliance with Tex. Gov’t Code, Chapter 2258. Should Contractor at any time become aware that a particular skill or trade not reflected on Owner’s prevailing wage schedule will be or is being employed in the Work, whether by Contractor or by Subcontractor, Contractor shall promptly inform ODR of the proposed wage to be paid for the skill along with a justification for same and ODR shall promptly concur with or reject the proposed wage and classification. Contractor is responsible for determining the most appropriate wage for a particular skill in relation to similar skills or trades identified on the prevailing wage schedule. In no case, shall any worker be paid less than the wage indicated for laborers.
4 2013 Uniform General Conditions for UT System Construction Projects
2.2.2 Penalty for Violation. Contractor, and any Subcontractor, will pay to the State a penalty of sixty dollars ($60.00) for each worker employed for each day, or portion thereof, that the worker is paid less than the wage rates stipulated in the prevailing wage schedule.
2.2.3 Complaints of Violations.
2.2.3.1 Owner’s Determination of Good Cause. Upon receipt of information concerning a violation, Owner will conduct an investigation in accordance with Tex. Gov’t Code, Chapter 2258 and make an initial determination as to whether good cause exists that a violation occurred. Upon making a good cause finding, Owner will retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage schedule and any supplements thereto, together with the applicable penalties, such amounts being subtracted from successive progress payments pending a final decision on the violation.
2.2.3.2 No Extension of Time. If Owner’s determination proves valid that good cause existed to believe a violation had occurred, Contractor is not entitled to an extension of time for any delay arising directly or indirectly from the arbitration procedures.
2.3 Venue for Suits. The venue for any suit arising from the Contract will be in a court of competent jurisdiction in Travis County, Texas, or as may otherwise be designated in the Owner’s Special Conditions.
2.4 Licensing of Trades. Contractor shall comply with all applicable provisions of State law related to license requirements for skilled tradesmen, Contractors, suppliers and or laborers, as necessary to accomplish the Work. In the event Contractor, or one of its Subcontractors, loses its license during the term of performance of the Contract, Contractor shall promptly hire or contract with a licensed provider of the service at no additional cost to Owner.
2.5 Royalties, Patents, and Copyrights. Contractor shall pay all royalties and license fees, defend suits or claims for infringement of copyrights and patent rights, and shall hold Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by Owner or A/E. However, if Contractor has reason to believe that the required design, process, or product is an infringement of a copyright or a patent, Contractor shall be responsible for such loss unless such information is promptly furnished to A/E.
2.6 State Sales and Use Taxes. Owner qualifies for exemption from certain State and local sales and use taxes pursuant to the provisions of Tex. Tax Code, Chapter 151. Upon request from Contractor, Owner shall furnish evidence of tax exempt status. Contractor may claim exemption from payment of certain applicable State taxes by complying with such procedures as prescribed by the State Comptroller of Public Accounts. Owner acknowledges not all items qualify for exemption. Owner is not obligated to reimburse Contractor for taxes paid on items that qualify for tax exemption.
Article 3. General Responsibilities of Owner and Contractor
3.1 Owner’s General Responsibilities. Owner is the entity identified as such in the Contract and referred to throughout the Contract Documents as if singular in number.
3.1.1 Preconstruction Conference. Prior to, or concurrent with, the issuance of Notice to Proceed with construction, a conference will be convened for attendance by Owner, Contractor, A/E and appropriate Subcontractors. The purpose of the conference is to establish a working
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understanding among the parties as to the Work, the operational conditions at the Project Site, and general administration of the Project. Topics include communications, schedules, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, maintaining required records and all other matters of importance to the administration of the Project and effective communications between the Project team members.
3.1.2 Owner’s Designated Representative. Prior to the start of construction, Owner will identify Owner’s Designated Representative (ODR), who has the express authority to act and bind Owner to the extent and for the purposes described in the various Articles of the Contract, including responsibilities for general administration of the Contract.
3.1.2.1 Unless otherwise specifically defined elsewhere in the Contract Documents, ODR is the single point of contact between Owner and Contractor. Notice to ODR, unless otherwise noted, constitutes notice to Owner under the Contract.
3.1.2.2 All directives on behalf of Owner will be conveyed to Contractor and A/E by ODR in writing.
3.1.2.3 Owner will furnish or cause to be furnished, free of charge, the number of complete sets of the Drawings, Specifications, and addenda as provided in the Agreement or Owner’s Special Conditions.
3.1.3 Owner Supplied Materials and Information.
3.1.3.1 Owner will furnish to Contractor those surveys describing the physical characteristics, legal description, limitations of the Site, Site utility locations, and other information used in the preparation of the Contract Documents.
3.1.3.2 Owner will provide information, equipment, or services under Owner’s control to Contractor with reasonable promptness.
3.1.4 Availability of Lands. Owner will furnish, as indicated in the Contract, all required rights to use the lands upon which the Work occurs. This includes rights-of-way and easements for access and such other lands that are designated for use by Contractor. Contractor shall comply with all Owner identified encumbrances or restrictions specifically related to use of lands so furnished. Owner will obtain and pay for easements for permanent structures or permanent changes in existing facilities, unless otherwise required in the Contract Documents.
3.1.5 Limitation on Owner’s Duties.
3.1.5.1 Owner will not supervise, direct, control or have authority over or be responsible for Contractor’s means, methods, technologies, sequences or procedures of construction or the safety precautions and programs incident thereto. Owner is not responsible for any failure of Contractor to comply with laws and regulations applicable to the Work. Owner is not responsible for the failure of Contractor to perform or furnish the Work in accordance with the Contract Documents. Except as provided in Section 2.5, Owner is not responsible for the acts or omissions of Contractor, or any of its Subcontractors, suppliers or of any other person or organization performing or furnishing any of the Work on behalf of Contractor.
3.1.5.2 Owner will not take any action in contravention of a design decision made by A/E in preparation of the Contract Documents, when such actions are in conflict with statutes under which A/E is licensed for the protection of the public health and safety.
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3.2 Role of Architect/Engineer. Unless specified otherwise in the Contract between Owner and Contractor, A/E shall provide general administration services for Owner during the construction phase of the project. Written correspondence, requests for information, and Shop Drawings/submittals shall be directed to A/E for action. A/E has the authority to act on behalf of Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which will be furnished to Contractor by ODR, upon request.
3.2.1 Site Visits.
3.2.1.1 A/E will make visits to the Site at intervals as provided in the A/E’s Contract with Owner, to observe the progress and the quality of the various aspects of Contractor’s executed Work and report findings to Owner.
3.2.1.2 A/E has the authority to interpret Contract Documents and inspect the Work for compliance and conformance with the Contract. Except as referenced in Paragraph 3.1.5.2, Owner retains the sole authority to accept or reject Work and issue direction for correction, removal, or replacement of Work.
3.2.2 Clarifications and Interpretations. It may be determined that clarifications or interpretations of the Contract Documents are necessary. Upon direction by ODR, such clarifications or interpretations will be provided by A/E consistent with the intent of the Contract Documents. A/E will issue these clarifications with reasonable promptness to Contractor as A/E’s supplemental instruction (“ASI”) or similar instrument. If Contractor believes that such clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, Contractor shall so notify Owner in accordance with the provisions of Article 11.
3.2.3 Limitations on Architect/Engineer Authority. A/E is not responsible for:
3.2.3.1 Contractor’s means, methods, techniques, sequences, procedures, safety, or programs incident to the Project, nor will A/E supervise, direct, control or have authority over the same;
3.2.3.2 The failure of Contractor to comply with laws and regulations applicable to the furnishing or performing the Work;
3.2.3.3 Contractor’s failure to perform or furnish the Work in accordance with the Contract Documents; or
3.2.3.4 Acts or omissions of Contractor, or of any other person or organization performing or furnishing any of the Work.
3.3 Contractor’s General Responsibilities. Contractor is solely responsible for implementing the Work in full compliance with all applicable laws and the Contract Documents and shall supervise and direct the Work using the best skill and attention to assure that each element of the Work conforms to the Contract requirements. Contractor is solely responsible for all construction means, methods, techniques, safety, sequences, coordination and procedures.
3.3.1 Contractor shall visit the Site before commencing the Work and become familiar with local conditions such as the location, accessibility and general character of the Site and/or building.
3.3.2 Project Administration. Contractor shall provide Project administration for all Subcontractors, vendors, suppliers, and others involved in implementing the Work and shall coordinate administration efforts with those of A/E and ODR in accordance with these general conditions, Division 1 of the Specifications and other provisions of the Contract, and as outlined in the pre-construction conference.
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3.3.2.1 At the request of Owner and at no additional cost, Contractor shall furnish to the ODR one copy of the current edition of the RSMeans Facilities Construction Cost Data Book in hard copy format or digital medium as directed by the ODR.
3.3.3 Contractor’s Management Personnel. Contractor shall employ a competent person or persons who will be present at the Project Site during the progress of the Work to supervise or oversee the work. The competent persons are subject to the approval of ODR. Contractor shall not change approved staff during the course of the project without the written approval of ODR unless the staff member leaves the employment of Contractor. Contractor shall provide additional quality control, safety and other staff as stated in the Contract Documents.
3.3.4 Labor. Contractor shall provide competent, suitably qualified personnel to survey, lay-out, and construct the Work as required by the Contract Documents and maintain good discipline and order at the Site at all times.
3.3.5 Services, Materials, and Equipment. Unless otherwise specified, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities, incidentals, and services necessary for the construction, performance, testing, start-up, inspection and completion of the Work.
3.3.6 Contractor General Responsibility. For Owner furnished equipment or material that will be in the care, custody, and control of Contractor, Contractor is responsible for damage or loss.
3.3.7 Non-Compliant Work. Should A/E and/or ODR identify Work as non-compliant with the Contract Documents, A/E and/or ODR shall communicate the finding to Contractor, and Contractor shall correct such Work at no additional cost to the Owner. The approval of Work or the failure to find non-compliant Work by either A/E or ODR does not relieve Contractor from the obligation to comply with all requirements of the Contract Documents.
3.3.8 Subcontractors. Contractor shall not employ any Subcontractor, supplier or other person or organization, whether initially or as a substitute, against whom Owner shall have reasonable objection. Owner will communicate such objections in writing within ten (10) calendar days of receipt of Contractor’s intent to use such Subcontractor, supplier, or other person or organization. Contractor is not required to employ any Subcontractor, supplier or other person or organization to furnish any of the work to whom Contractor has reasonable objection. Contractor shall not substitute Subcontractors without the acceptance of Owner.
3.3.8.1 All Subcontracts and supply contracts shall be consistent with and bind the Subcontractors and suppliers to the terms and conditions of the Contract Documents including provisions of the Contract between Contractor and Owner.
3.3.8.2 Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor. Require all Subcontractors, suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner only through Contractor. Contractor shall furnish to Owner a copy, at Owner’s request, of each first-tier subcontract promptly after its execution. Contractor agrees that Owner has no obligation to review or approve the content of such contracts and that providing Owner such copies in no way relieves Contractor of any of the terms and conditions of the Contract, including, without limitation, any provisions of the Contract which require the Subcontractor to be bound to Contractor in the same manner in which Contractor is bound to Owner.
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3.3.9 Continuing the Work. Contractor shall carry on the Work and adhere to the progress schedule during all disputes, disagreements, or alternative resolution processes with Owner. Contractor shall not delay or postpone any Work because of pending unresolved disputes, disagreements or alternative resolution processes, except as Owner and Contractor may agree in writing.
3.3.10 Cleaning. Contractor shall at all times, keep the Site and the Work clean and free from accumulation of waste materials or rubbish caused by the construction activities under the Contract. Contractor shall ensure that the entire Project is thoroughly cleaned prior to requesting Substantial Completion inspection and, again, upon completion of the Project prior to the final inspection.
3.3.11 Acts and Omissions of Contractor, its Subcontractors and Employees. Contractor shall be responsible for acts and omissions of his employees and all its Subcontractors, their agents and employees. Owner may, in writing, require Contractor to remove from the Project any of Contractor’s or its Subcontractor’s employees whom ODR finds to be careless, incompetent, unsafe, uncooperative, disruptive, or otherwise objectionable.
3.3.12 Ancillary Areas. Contractor shall operate and maintain operations and associated storage areas at the site of the Work in accordance with the following:
3.3.12.1 All Contractor operations, including storage of materials and employee parking upon the Site of Work, shall be confined to areas designated by Owner.
3.3.12.2 Contractor may erect, at its own expense, temporary buildings that will remain its property. Contractor shall remove such buildings and associated utility service lines upon completion of the Work, unless Contractor requests and Owner provides written consent that it may abandon such buildings and utilities in place.
3.3.12.3 Contractor shall use only established roadways or construct and use such temporary roadways as may be authorized by Owner. Contractor shall not allow load limits of vehicles to exceed the limits prescribed by appropriate regulations or law. Contractor shall provide protection to road surfaces, curbs, sidewalks, trees, shrubbery, sprinkler systems, drainage structures and other like existing improvements to prevent damage and repair any damage thereto at the expense of Contractor.
3.3.12.4 Owner may restrict Contractor’s entry to the Site to specifically assigned entrances and routes.
3.3.13 Separate Contracts. Owner reserves the right to award other contracts in connection with the Project under the same or substantially similar contract terms, including those portions related to insurance and waiver of subrogation. Owner reserves the right to perform operations related to the Project with Owner’s own forces.
3.3.14 Under a system of separate contracts, the conditions described herein continue to apply except as may be amended by change order.
3.3.15 Contractor shall cooperate with other contractors or forces employed on the Project by Owner, including providing access to Site, integration of activities within Contractor’s Work Progress Schedule and Project information as requested.
3.3.16 Owner shall be reimbursed by Contractor for costs incurred by Owner which are payable to a separate contractor because of delays, improperly timed activities, or defective construction by Contractor. Owner will equitably adjust the Contract by Change Order for costs incurred by Contractor because of delays, improperly timed activities, damage to the Work or defective construction by a separate Contractor.
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3.4 Indemnification of Owner.
3.4.1 Contractor covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS, Owner and the elected and appointed officials, employees, officers, directors, volunteers, and representatives of Owner, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death or property damage, made upon Owner directly or indirectly arising out of, resulting from or related to Contractor’s activities under this Contract, including any acts or omissions of Contractor, or any agent, officer, director, representative, employee, consultant or the Subcontractor of Contractor, and their respective officers, agents, employees, directors and representatives while in the exercise of performance of the rights or duties under this Contract. The indemnity provided for in this paragraph does not apply to any liability resulting from the negligence of the Owner, its officers or employees, separate Contractors or assigned Contractors, in instances where such negligence causes personal injury, death or property damage. IN THE EVENT CONTRACTOR AND OWNER ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY WILL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE STATE UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.
3.4.2 Contractor shall protect and indemnify the Owner from and against all claims, damages, judgments and losses arising from infringement or alleged infringement of any United States patent, or copyright that arise out of any of the work performed by the Contractor or the use by Contractor, or by Owner at the direction of Contractor, of any article or material. Upon becoming aware of a suit or threat of suit for patent or copyright infringement, Owner shall promptly notify Contractor and Contractor shall be given full opportunity to negotiate a settlement. Contractor does not warrant against infringement by reason of Owner's or Project Architect’s design of articles or their use in combination with other materials or in the operation of any process. In the event of litigation, Owner agrees to cooperate reasonably with Contractor and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense.
3.4.3 The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
3.4.4 Contractor shall promptly advise Owner in writing of any claim or demand against Owner or against Contractor which involves Owner and known to Contractor and related to or arising out of Contractor’s activities under this Contract.
3.4.5 These indemnitie provisions shall survive the termination of this Agreement regardless of the reason for termination.
Article 4. Historically Underutilized Business (HUB) Subcontracting Plan
4.1 General Description. The purpose of the Historically Underutilized Business (HUB) program is to promote equal business opportunities for economically disadvantaged persons (as defined by Tex. Gov’t Code, Chapter 2161) to contract with the State of Texas in accordance with the goals specified in the State of Texas Disparity Study. The HUB program annual procurement utilization goals are defined in 34 T.A.C. § 20.13(b).
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4.1.1 State agencies are required by statute to make a good faith effort to assist HUBs in participating in contract awards issued by the State. 34 T.A.C. § 20.13(b) outlines the State’s policy to encourage the utilization of HUBs in State contracting opportunities through race, ethnic and gender neutral means.
4.1.2 A Contractor who contracts with the State in an amount of $100,000.00 or greater is required to make a good faith effort to award subcontracts to HUBs in accordance with 34 T.A.C. § 20.14(a)(2)(A) by submitting a HUB subcontracting plan within twenty-four (24) hours after the bid or response is due and complying with the HUB subcontracting plan after it is accepted by Owner and during the term of the Contract.
4.2 Compliance with Approved HUB Subcontracting Plan. Contractor, having been awarded this Contract in part by complying with the HUB program statute and rules, hereby covenants to continue to comply with the HUB program as follows:
4.2.1 Prior to adding or substituting a Subcontractor, promptly notify Owner in the event a change is required for any reason to the accepted HUB subcontracting plan.
4.2.2 Conduct the good-faith effort activities required and provide Owner with necessary documentation to justify approval of a change to the approved HUB subcontracting plan.
4.2.3 Cooperate in the execution of a Change Order or such other approval of the change in the HUB subcontracting plans as Contractor and Owner may agree to.
4.2.4 Maintain and make available to Owner upon request business records documenting compliance with the accepted HUB subcontracting plan.
4.2.5 Upon receipt of payment for performance of Work, submit to Owner a compliance report, in the format required by Owner that demonstrates Contractor’s performance of the HUB subcontracting plan.
4.2.5.1 Progress Assessment Report (PAR): monthly compliance reports to Owner (contracting agency), verifying their compliance with the HUB subcontracting plan, including the use/expenditures they have made to Subcontractors. (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub- forms/progressassessmentrpt.xls).
4.2.6 Promptly and accurately explain and provide supplemental information to Owner to assist in Owner’s investigation of Contractor’s good-faith effort to fulfill the HUB subcontracting plan and the requirements under 34 T.A.C. § 20.14(a)(1).
4.3 Failure to Demonstrate Good-Faith Effort. Upon a determination by Owner that Contractor has failed to demonstrate a good-faith effort to fulfill the HUB subcontracting plan or any Contract covenant detailed above, Owner may, in addition to all other remedies available to it, report the failure to perform to the Comptroller of Public Accounts, Texas Procurement and Support Services Division, Historically Underutilized Business Program and may bar Contractor from future contracting opportunities with Owner.
Article 5. Bonds and Insurance
5.1 Construction Bonds. Contractor is required to tender to Owner, prior to commencing the Work, performance and payment bonds, as required by Tex. Gov’t Code, Chapter 2253. On Construction Manager-at-Risk and Design-Build Projects the Owner shall require a security bond, as described in Subsection 5.1.2 below.
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5.1.1 Bond Requirements. Each bond shall be executed by a corporate surety or sureties authorized to do business in the State of Texas and acceptable to Owner, on Owner’s form, and in compliance with the relevant provisions of the Texas Insurance Code. If any bond is for more than ten percent (10%) of the surety’s capital and surplus, Owner may require certification that the company has reinsured the excess portion with one or more reinsurers authorized to do business in the State. A reinsurer may not reinsure for more than ten percent (10%) of its capital and surplus. If a surety upon a bond loses its authority to do business in the State, Contractor shall, within thirty (30) calendar days after such loss, furnish a replacement bond at no added cost to Owner.
5.1.1.1 A Performance bond is required if the Contract Sum is in excess of $100,000.00 The performance bond is solely for the protection of Owner. The performance bond is to be for the Contract Sum to guarantee the faithful performance of the Work in accordance with the Contract Documents. The form of the bond shall be approved by the Office of the Attorney General of Texas. The performance bond shall be effective through Contractor’s warranty period.
5.1.1.2 A Payment bond is required if the Contract price is in excess of $25,000.00 The payment bond is to be for the Contract Sum and is payable to Owner solely for the protection and use of payment bond beneficiaries. The form of the bond shall be approved by the Office of the Attorney General of Texas.
5.1.2 Security Bond. The security bond provides protection to Owner if Contractor presents an acceptable guaranteed maximum price (“GMP”) to Owner but is unable to deliver the required payment and performance bonds within the time period stated below.
5.1.3 When Bonds Are Due
5.1.3.1 Security bonds are due before execution of a Construction Manager-at-Risk or Design-Build Contract.
5.1.3.2 Payment and performance bonds are due before execution of a contract on competitively bid or competitively sealed proposal projects or before execution of a GMP proposal on Construction Manager-at-Risk projects or Design-Build projects.
5.1.4 Power of Attorney. Each bond shall be accompanied by a valid power of attorney (issued by the surety company and attached, signed and sealed with the corporate embossed seal, to the bond) authorizing the attorney-in-fact who signs the bond to commit the company to the terms of the bond, and stating any limit in the amount for which the attorney can issue a single bond.
5.1.5 Bond Indemnification. The process of requiring and accepting bonds and making claims thereunder shall be conducted in compliance with Tex. Gov’t Code, Chapter 2253. IF FOR ANY REASON A STATUTORY PAYMENT OR PERFORMANCE BOND IS NOT HONORED BY THE SURETY, CONTRACTOR SHALL FULLY INDEMNIFY AND HOLD OWNER HARMLESS OF AND FROM ANY COSTS, LOSSES, OBLIGATIONS OR LIABILITIES IT INCURS AS A RESULT.
5.1.6 Furnishing Bond Information. Owner shall furnish certified copies of the payment bond and the related Contract to any qualified person seeking copies who complies with Tex. Gov’t Code § 2253.026.
5.1.7 Claims on Payment Bonds. Claims on payment bonds must be sent directly to Contractor and his surety in accordance with Tex. Gov’t Code § 2253.041. All payment bond claimants are cautioned that no lien exists on the funds unpaid to Contractor on such Contract, and that
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reliance on notices sent to Owner may result in loss of their rights against Contractor and/or his surety. Owner is not responsible in any manner to a claimant for collection of unpaid bills, and accepts no such responsibility because of any representation by any agent or employee.
5.1.8 Payment Claims when Payment Bond not Required. The rights of Subcontractors regarding payment are governed by Tex. Prop. Code §§ 53.231 – 53.239 when the value of the Contract between Owner and Contractor is less than $25,000.00. These provisions set out the requirements for filing a valid lien on funds unpaid to Contractor as of the time of filing the claim, actions necessary to release the lien and satisfaction of such claim.
5.1.9 Sureties. A surety shall be listed on the US Department of the Treasury’s Listing of Approved Sureties maintained by the Bureau of Financial Management Service (FMS), www.fms.treas.gov/c570, stating companies holding Certificates of Authority as acceptable sureties on Federal bonds and acceptable reinsuring companies (FMS Circular 570).
5.2 Insurance Requirements. Contractor shall carry insurance in the types and amounts indicated in this Article for the duration of the Contract. The required insurance shall include coverage for Owner’s property prior to construction, during construction and during the warranty period. The insurance shall be evidenced by delivery to Owner of certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Upon request, Owner, and/or its agents, shall be entitled to receive without expense, copies of the policies and all endorsements. Contractor shall update all expired policies prior to submission for monthly payment. Failure to update policies shall be reason for withholding of payment until renewal is provided to Owner.
5.2.1 Contractor, consistent with its status as an independent Contractor, shall provide and maintain all insurance coverage with the minimum amounts described below until the end of the warranty period unless otherwise stated in Owner’s Special Conditions. Failure to maintain insurance coverage, as required, is grounds for suspension of Work for cause pursuant to Article 14. The Contractor will be notified of the date on which the Builder’s Risk insurance policy may be terminated by any means deemed appropriate by Owner.
5.2.2 Coverage shall be written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and rated A-, VII or better by A.M. Best Company or similar rating company or otherwise acceptable to Owner.
5.2.2.1 Insurance Coverage Required.
5.2.2.1.1 Workers’ Compensation. Insurance with limits as required by the Texas Workers’ Compensation Act and Employer’s Liability Insurance with limits of not less than:
$1,000,000.00 each accident;
$1,000,000.00 disease each employee ; and
$1,000,000.00 disease policy limit.
Policies must include (a) Other States Endorsement to include TEXAS if business is domiciled outside the State of Texas, and (b) a waiver of all rights of subrogation in favor of Owner.
5.2.2.1.2 Commercial General Liability Insurance, including premises, operations, independent contractor’s liability, products and completed operations and contractual liability, covering, but not
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limited to, the liability assumed under the indemnification provisions of this Contract, fully insuring Contractor’s (or Subcontractor’s) liability for bodily injury (including death) and property damage with a minimum limit of:
$1,000,000.00 per occurrence;
$2,000,000.00 general aggregate;
$2,000,000.00 products and completed operations aggregate; and
Coverage shall be on an “occurrence” basis.
The policy shall include coverage extended to apply to completed operations and explosion, collapse, and underground hazards. The policy shall include endorsement CG2503 Amendment of Aggregate Limits of Insurance (per Project) or its equivalent.
If the Work involves any activities within fifty (50) feet of any railroad, railroad protective insurance as may be required by the affected railroad, written for not less than the limits required by such railroad.
5.2.2.1.3 Asbestos Abatement Liability Insurance, including coverage for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos containing materials. *This requirement applies if the Work or the Project includes asbestos containing materials.
The combined single limit for bodily injury and property damage will be a minimum of $1,000,000.00 per occurrence.
*Specific requirement for claims-made form: Required period of coverage will be determined by the following formula: continuous coverage for life of the Contract, plus one (1) year (to provide coverage for the warranty period), and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period.
Employer’s liability limits for asbestos abatement will be:
$1,000,000.00 each accident;
$1,000,000.00 disease each employee; and
$1,000,000.00 disease policy limit.
If this Contract is for asbestos abatement only, the All-Risk Builder’s Risk or all-risk installation floater (5.2.2.1.5.e) is not required.
5.2.2.1.4 Business Automobile Liability Insurance, covering all owned, hired, and non-owned vehicles, with a minimum combined single limit for bodily injury (including death) and property damage of $1,000,000.00 per occurrence. No aggregate shall be permitted for this type of coverage.
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Such insurance is to include coverage for loading and unloading hazards.
Contractor or any subcontractor responsible for transporting asbestos or other hazardous materials defined as asbestos shall provide pollution coverage for any vehicle hauling asbestos containing cargo. The policy must include a MCS 90 endorsement with a $5,000,000.00 limit and the CA 9948 Pollution Endorsement, or its equivalent.
5.2.2.1.5 All-Risk Builder’s Risk Insurance, if applicable (or all-risk installation floater for instances in which the project involves solely the installation of material and/or equipment). Coverage is determined by the Contract Sum, as detailed, below.
BUILDERS RISK REQUIREMENT FOR PROJECTS WITH A CONTRACT SUM <$20 MILLION
5.2.2.1.5.1 Contractor shall purchase and maintain in force builders risk insurance on the entire Work. Such insurance shall be written in the amount of the original contract, plus any subsequent change orders and plus the cost of materials supplied or installed by others, comprising Total Value for the entire Project at the site. The insurance shall apply on a replacement cost basis with no coinsurance provision. A sublimit may be applicable to flood coverage, but sublimit must be at least twenty percent (20%) of the Total Value of the Project. The limit for all other perils, including Named Windstorm, Wind, and Hail, must be equal to the Total Value for the entire Project at the site. (If Installation Floater, limit shall be equal to one hundred percent (100%) of the contract cost.)
5.2.2.1.5.2 This insurance shall name as insureds the Owner, the Contractor, and all subcontractors and sub- subcontractors in the Work.
5.2.2.1.5.3 Builders risk insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against fire and extended coverage perils, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, boiler and machinery/mechanical breakdown, testing and startup, and terrorism.
5.2.2.1.5.4 This insurance shall cover the entire work at the site as required in 5.2.2.1.5.1, including, but not limited to, the following: Temporary works including but not limited to scaffolding, form work, fences, shoring, hoarding, falsework and temporary buildings Offsite Storage Portions of the work in transit Debris removal Extra Expense Expediting Expenses Demolition and Increased Cost of Construction Pollutant Clean-Up and Removal Trees, Shrubs, Plants, Lawns and Landscaping (if applicable) Errors & Omissions (applicable to purchase of Builders Risk policy only)
5.2.2.1.5.5 This insurance shall not contain an occupancy clause suspending or reducing coverage should the Owner occupy, or begin beneficial occupancy before the Owner has accepted final completion.
5.2.2.1.5.6 This insurance shall be specific as to coverage and shall be primary to any permanent insurance or self-insurance that may be maintained on the property by Owner.
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5.2.2.1.5.7 This insurance shall include a waiver of subrogation in favor of Owner, the Contractor, and all subcontractors and sub-subcontractors in the work.
5.2.2.1.5.8 As applicable, Flood deductible shall not exceed $250,000.00 for Zone A, $100,000.00 for Zone B and $50,000.00 for all other Zones. For Tier 1 and Tier 2, Named Windstorm deductible shall not exceed two percent (2%) of the project values in place at the time of the loss.
5.2.2.1.5.9 Before the commencement of the work, Contractor shall provide to Owner an accurate certificate of insurance that provides specific evidence of all requirements outlined in Section 5.2.2.1.5. A copy of the policy itself shall be provided to Owner within thirty (30) calendar days after Notice to Proceed.
5.2.2.1.5.10 Refer to Owner’s Special Conditions for possible additional Builders Risk insurance requirements.
BUILDERS RISK REQUIREMENT FOR PROJECTS WITH A CONTRACT SUM ≥$20 MILLION
5.2.2.1.5.11 Contractor shall purchase and maintain in force builders risk insurance on the entire Work. Such insurance shall be written in the amount of the original contract, plus any subsequent change orders and plus the cost of materials supplied or installed by others, comprising Total Value for the entire Project at the site. The insurance shall apply on a replacement cost basis with no coinsurance provision and shall include a margin clause of plus/minus ten percent (10%) on project value. A sublimit may be applicable to flood coverage, but sublimit must be at least twenty percent (20%) of the Total Value of the Project. A sublimit of $50 million or the Total Value of the Project, whichever is less, is acceptable for Earthquake. The limit for all other perils, including Named Windstorm, Wind, and Hail, must be equal to the Total Value for the entire Project at the site. (If Installation Floater, limit shall be equal to one hundred percent (100%) of the contract cost.)
5.2.2.1.5.12 This insurance shall name as insureds the Owner, the Contractor, and all subcontractors and sub- subcontractors in the Work.
5.2.2.1.5.13 Builders risk insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against fire and extended coverage perils, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, boiler and machinery/mechanical breakdown, testing and startup, and terrorism.
5.2.2.1.5.14 This insurance shall cover the entire work at the site as required in 5.2.2.1.5.1, including, but not limited to, the following:
Coverage Minimum Limit Required Temporary works including but not limited to $1 million scaffolding, form work, fences, shoring, hoarding, falsework and temporary buildings Offsite Storage Sufficient to cover the anticipated maximum values stored offsite Portions of the work in Transit Sufficient to cover the anticipated maximum values in transit Debris Removal 25% of Physical damage amount subject to maximum of $5 million or 25% of Total Value of Project whichever is higher Expediting Expenses $1 million Extra Expense $5 million Demolition and Increased Cost of Construction $2 million or 10% of Total Value of Project whichever is higher Pollutant Clean-Up and Removal $250,000.00 Trees, Shrubs, Plants, Lawns and Landscaping (if $2,500.00 per item subject to a maximum of $1 million applicable) Errors & Omissions (applicable to purchase of Builders $2.5 million
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Risk policy only)
5.2.2.1.5.15 This insurance shall not contain an occupancy clause suspending or reducing coverage should the Owner occupy, or begin beneficial occupancy before the Owner has accepted final completion.
5.2.2.1.5.16 This insurance shall be specific as to coverage and shall be primary to any permanent insurance or self-insurance that may be maintained on the property by Owner.
5.2.2.1.5.17 This insurance shall include a waiver of subrogation in favor of Owner, the Contractor, and all subcontractors and sub-subcontractors in the work.
5.2.2.1.5.18 As applicable, Flood deductible shall not exceed $250,000.00 for Zone A, $100,000.00 for Zone B and $50,000.00 for all other Zones. For Tier 1 and Tier 2, Named Windstorm deductible shall not exceed two percent (2%) of the project values in place at the time of the loss.
5.2.2.1.5.19 Before the commencement of the work, Contractor shall provide to Owner an accurate certificate of insurance that provides specific evidence of all requirements outlined in Section 5.2.2.1.5. A copy of the policy itself shall be provided to Owner within thirty (30) calendar days after Notice to Proceed.
5.2.2.1.5.20 Refer to Owner’s Special Conditions for possible additional Builders Risk insurance requirements.
5.2.2.1.6 “Umbrella” Liability Insurance. On Projects that are not insured under the Owner’s Revolving Owner Controlled Insurance Program (ROCIP) or any project requiring demolition services, Contractor shall obtain, pay for and maintain umbrella liability insurance during the Contract term, insuring Contractor (or Subcontractor) that provides coverage at least as broad as and applies in excess and follows form of the primary liability coverages required above. The policy shall provide “drop down” coverage where underlying primary insurance coverage limits are insufficient or exhausted.
5.2.2.1.7 “Umbrella” Liability Insurance coverage shall be in the following amounts: If Contract sum is $1,000,000.00 or less: No Umbrella Required If Contract Sum is greater than $1,000,000.00 up to $3,000,000.00: $1,000,000.00 each occurrence and $2,000,000.00 annual aggregate If Contract Sum is greater than $3,000,000.00 up to $5,000,000.00: $5,000,000.00 each occurrence and $5,000,000.00 annual aggregate If Contract Sum is greater than $5,000,000.00: $10,000,000.00 each occurrence and $10,000,000.00 annual aggregate
5.2.3 All Policies must include the following clauses, as applicable:
5.2.3.1 Contractor must provide to Owner immediate notice of cancellation, material change, or non-renewal to any insurance coverages required herein above. This requirement may be satisfied by the Contractor providing a copy of the notice received by the insurer to Owner within two (2) business days of date of receipt or by Endorsement of the policies that require Insurer to provide notice to Owner.
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5.2.3.2 It is agreed that Contractor’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by Owner for liability arising out of operations under the Contract with Owner.
5.2.3.3 Owner, its officials, directors, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured performed under Contract with Owner. The additional insured status must cover completed operations as well. This is not applicable to workers’ compensation policies.
5.2.3.4 A waiver of subrogation in favor of Owner shall be provided in all policies.
5.2.3.5 If Owner is damaged by the failure of Contractor (or Subcontractor) to maintain insurance as required herein and/or as further described in Owner’s Special Conditions, then Contractor shall bear all reasonable costs properly attributable to that failure.
5.2.4 Without limiting any of the other obligations or liabilities of Contractor, Contractor shall require each Subcontractor performing work under the Contract, at Subcontractor’s own expense, to maintain during the term of the Contract, the same stipulated minimum insurance including the required provisions and additional policy conditions as shown above. As an alternative, Contractor may include its Subcontractors as additional insureds on its own coverage as prescribed under these requirements. Contractor’s certificate of insurance shall note in such event that Subcontractors are included as additional insureds and that Contractor agrees to provide workers’ compensation for Subcontractors and their employees. Contractor shall obtain and monitor the certificates of insurance from each Subcontractor in order to assure compliance with the insurance requirements. Contractor must retain the certificates of insurance for the duration of the Contract plus five (5) years and shall have the responsibility of enforcing these insurance requirements among its Subcontractors. Owner shall be entitled, upon request and without expense, to receive copies of these certificates.
5.2.5 Workers’ compensation insurance coverage must meet the statutory requirements of Tex. Lab. Code § 401.011(44) and specific to construction projects for public entities as required by Tex. Lab. Code § 406.096.
5.2.5.1 Definitions:
5.2.5.1.1 Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.
5.2.5.1.2 Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity.
5.2.5.1.3 Persons providing services on the project ("subcontractor" in §406.096) – includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or
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employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
5.2.5.2 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.
5.2.5.3 The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.
5.2.5.4 If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.
5.2.5.5 The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) No later than seven (7) calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
5.2.5.6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
5.2.5.7 The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.
5.2.5.8 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Depart of Insurance Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
5.2.5.9 The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:
(1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;
(2) Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;
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(3) Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
(4) Obtain from each other person with whom it contracts, and provide to the Contractor:
(a) A certificate of coverage, prior to the other person beginning work on the project; and
(b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
(5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and
(7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.
5.2.5.10 By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.
5.2.5.11 The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after receipt of notice of breach from the governmental entity.
Article 6. Construction Documents, Coordination Documents, and Record Documents
6.1 Drawings and Specifications.
6.1.1 Copies Furnished. Contractor will be furnished, free of charge, the number of complete sets of the Drawings, Specifications, and addenda as provided in the Agreeement or the Owner’s Special Conditions. Additional complete sets of Drawings and Specifications, if requested, will be furnished at reproduction cost to the entity requesting such additional sets. Electronic copies of such documents will be provided to Contractor without charge.
6.1.2 Ownership of Drawings and Specifications. All Drawings, Specifications and copies thereof furnished by A/E are to remain A/E’s property. These documents are not to be used on any other project, and with the exception of the Contract record set and electronic versions needed for warranty operations, are to be returned to the A/E, upon request, following completion of the Work.
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6.1.3 Interrelation of Documents. The Contract Documents as referenced in the Contract between Owner and Contractor are complementary, and what is required by one shall be as binding as if required by all.
6.1.4 Resolution of Conflicts in Documents. Where conflicts may exist within the Contract Documents, the documents shall govern in the following order: (a) Change Orders, addenda, and written amendments to the Contract; (b) the Contract; (c) Drawings; (d) Specifications (but Specifications shall control over Drawings as to quality of materials and installation); and (e) other Contract Documents. Among other categories of documents having the same order of precedence, the term or provision that includes the latest date shall control. Contractor shall notify A/E and ODR for resolution of the issue prior to executing the Work in question.
6.1.5 Contractor’s Duty to Review Contract Documents. In order to facilitate its responsibilities for completion of the Work in accordance with and as reasonably inferable from the Contract Documents, prior to commencing the Work, Contractor shall examine and compare the Contract Documents, information furnished by Owner, relevant field measurements made by Contractor and any visible or reasonably anticipated conditions at the Site affecting the Work. This duty extends throughout the construction phase prior to commencing each particular work activity and/or system installation.
6.1.6 Discrepancies and Omissions in Drawings and Specifications.
6.1.6.1 Promptly report to ODR and to A/E the discovery of any apparent error, omission or inconsistency in the Contract Documents prior to execution of the Work.
6.1.6.2 It is recognized that Contractor is not acting in the capacity of a licensed design professional, unless it is performing as a Design-Build firm.
6.1.6.3 It is further recognized that Contractor’s examination of Contract Documents is to facilitate construction and does not create an affirmative responsibility to detect errors, omissions or inconsistencies or to ascertain compliance with applicable laws, building codes or regulations, unless it is performing as a Design-Build firm or a Construction Manager-at-Risk.
6.1.6.4 When performing as a Design-Build firm, Contractor has sole responsibility for discrepancies, errors, and omissions in the Drawings and Specifications.
6.1.6.5 When performing as a Construction Manager-at-Risk, Contractor has a shared responsibility with A/E for discovery and resolution of discrepancies, errors, and omissions in the Contract Documents. In such case, Contractor’s responsibility pertains to review, coordination, and recommendation of resolution strategies within budget constraints.
6.1.6.6 Contractor has no liability for errors, omissions, or inconsistencies unless Contractor knowingly failed to report a recognized problem to Owner or the Work is executed under a Design-Build or Construction Manager-at-Risk Contract as outlined above. Should Contractor fail to perform the examination and reporting obligations of these provisions, Contractor is responsible for avoidable costs and direct and/or consequential damages.
6.1.6.7 Owner does not warrant or make any representations as to the accuracy, suitability or completeness of any information furnished to Contractor by Owner or it representatives.
6.2 Requirements for Record Documents. Contractor shall:
6.2.1 Maintain at the Site one copy of all Drawings, Specifications, addenda, approved submittals, Contract modifications, and all Project correspondence. Keep current and maintain Drawings and Specifications in good order with postings and markings to record actual conditions of Work and show and reference all changes made during construction. Provide Owner and A/E access to these documents.
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6.2.2 Maintain the Record Documents which reflect the actual field conditions and representations of the Work performed, whether it be directed by addendum, Change Order or otherwise. Make available the Record Documents and all records prescribed herein for reference and examination by Owner and its representatives and agents.
6.2.3 Update the Record Documents at least monthly prior to submission of periodic partial pay estimates. Failure to maintain current Record Documents constitutes cause for denial of a progress payment otherwise due.
6.2.4 Prior to requesting Substantial Completion inspection Contractor shall furnish a copy of its marked-up Record Documents and a preliminary copy of each instructional manual, maintenance and operating manual, parts catalog, wiring diagrams, spare parts, specified written warranties and like publications, or parts for all installed equipment, systems, and like items and as described in the Contract Documents.
6.2.5 Once determined acceptable by ODR with input from A/E, provide one (1) reproducible copy and one (1) electronic media copy in a format acceptable to the ODR `of all Record Documents, unless otherwise required by the Owner’s Special Conditions.
6.2.6 Contractor shall be responsible for updating the Record Documents for all Contractor initiated documents and changes to the Contract Documents due to coordination and actual field conditions, including RFIs.
6.2.7 A/E shall be responsible for updating the Record Documents for any addenda, Change Orders, A/E supplemental instructions and any other alterations to the Contract Documents generated by A/E or Owner.
Article 7. Construction Safety
7.1 General. It is the duty and responsibility of Contractor and all of its Subcontractors to be familiar with, enforce and comply with all requirements of Public Law No. 91-596, 29 U.S.C. § 651 et. seq., the Occupational Safety and Health Act of 1970, (OSHA) and all amendments thereto. Contractor shall prepare a safety plan specific to the Project and submit it to ODR and A/E prior to commencing Work. In addition, Contractor and all of its Subcontractors shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property to protect them from damage, injury or loss and erect and maintain all necessary safeguards for such safety and protection.
7.2 Notices. Contractor shall provide notices as follows:
7.2.1 Notify owners of adjacent property including those that own or operate utility services and/or underground facilities, and utility owners, when prosecution of the Work may affect them or their facilities, and cooperate with them in the protection, removal, relocation and replacement, and access to their facilities and/or utilities.
7.2.2 Coordinate the exchange of material safety data sheets (MSDSs) or other hazard communication information required to be made available to or exchanged between or among employers at the site in connection with laws and regulations. Maintain a complete file of MSDSs for all materials in use on site throughout the construction phase and make such file available to Owner and its agents as requested.
7.3 Emergencies. In any emergency affecting the safety of persons or property, Contractor shall act to minimize, mitigate, and prevent threatened damage, injury or loss.
7.3.1 Have authorized agents of Contractor respond immediately upon call at any time of day or night when circumstances warrant the presence of Contractor to protect the Work or adjacent property from damage or to take such action pertaining to the Work as may be necessary to provide for the safety of the public.
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7.3.2 Give ODR and A/E prompt notice of all such events.
7.3.3 If Contractor believes that any changes in the Work or variations from Contract Documents have been caused by its emergency response, promptly notify Owner within seventy-two (72) hours of the emergency response event.
7.3.4 Should Contractor fail to respond, Owner is authorized to direct other forces to take action as necessary and Owner may deduct any cost of remedial action from funds otherwise due Contractor.
7.4 Injuries. In the event of an incident or accident involving outside medical care for an individual on or near the Work, Contractor shall notify ODR and other parties as may be directed promptly, but no later than twenty-four (24) hours after Contractor learns that an event required medical care.
7.4.1 Record the location of the event and the circumstances surrounding it, by using photography or other means, and gather witness statements and other documentation which describes the event.
7.4.2 Supply ODR and A/E with an incident report no later than thirty-six (36) hours after the occurrence of the event. In the event of a catastrophic incident (one (1) fatality or three (3) workers hospitalized), barricade and leave intact the scene of the incident until all investigations are complete. A full set of incident investigation documents, including facts, finding of cause, and remedial plans shall be provided within one (1) week after occurrence, unless otherwise directed by legal counsel. Contractor shall provide ODR with written notification within one week of such catastrophic event if legal counsel delays submission of full report.
7.5 Environmental Safety. Upon encountering any previously unknown potentially hazardous material, or other materials potentially contaminated by hazardous material, Contractor shall immediately stop work activities impacted by the discovery, secure the affected area, and notify ODR immediately.
7.5.1 Bind all Subcontractors to the same duty.
7.5.2 Upon receiving such notice, ODR will promptly engage qualified experts to make such investigations and conduct such tests as may be reasonably necessary to determine the existence or extent of any environmental hazard. Upon completion of this investigation, ODR will issue a written report to Contractor identifying the material(s) found and indicate any necessary steps to be taken to treat, handle, transport or dispose of the material.
7.5.3 Owner may hire third-party Contractors to perform any or all such steps.
7.5.4 Should compliance with ODR’s instructions result in an increase in Contractor’s cost of performance, or delay the Work, Owner will make an equitable adjustment to the Contract Sum and/or the time of completion, and modify the Contract in writing accordingly.
7.6 Trenching Plan. When the project requires excavation which either exceeds a depth of four (4) feet, or results in any worker’s upper body being positioned below grade level, Contractor is required to submit a trenching plan to ODR prior to commencing trenching operations unless an engineered plan is part of the Contract Documents. The plan is required to be prepared and sealed by a professional engineer registered in the State of Texas, and hired or employed by Contractor or Subcontractor to perform the work. Said engineer cannot be anyone who is otherwise either directly or indirectly engaged on this project.
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Article 8. Quality Control
8.1 Materials & Workmanship. Contractor shall execute Work in a good and workmanlike matter in accordance with the Contract Documents. Contractor shall develop and provide a quality control plan specific to this Project and acceptable to Owner. Where Contract Documents do not specify quality standards, complete and construct all Work in compliance with generally accepted construction industry standards. Unless otherwise specified, incorporate all new materials and equipment into the Work under the Contract.
8.2 Testing.
8.2.1 Owner is responsible for coordinating and paying for routine and special tests required to confirm compliance with quality and performance requirements, except as stated below or otherwise required by the Contract Documents.
8.2.2 Contractor shall provide the following testing as well as any other testing required of Contractor by the Specifications:
8.2. 2.1 Any test of basic material or fabricated equipment included as part of a submittal for a required item in order to establish compliance with the Contract Documents.
8.2. 2.2 Any test of basic material or fabricated equipment offered as a substitute for a specified item on which a test may be required in order to establish compliance with the Contract Documents.
8.2. 2.3 Preliminary, start-up, pre-functional and operational testing of building equipment and systems as necessary to confirm operational compliance with requirements of the Contract Documents.
8.2. 2.4 All subsequent tests on original or replaced materials conducted as a result of prior testing failure.
8.2.3 All testing shall be performed in accordance with standard test procedures by an accredited laboratory, or special consultant as appropriate, acceptable to Owner. Results of all tests shall be provided promptly to ODR, A/E, and Contractor.
8.2.4 Non-Compliance (Test Results). Should any of the tests indicate that a material and/or system does not comply with the Contract requirements, the burden of proof remains with Contractor, subject to:
8.2.4.1 Contractor selection and submission of the laboratory for Owner acceptance.
8.2.4.2 Acceptance by Owner of the quality and nature of tests.
8.2.4.3 All tests taken in the presence of A/E and/or ODR, or their representatives.
8.2.4.4 If tests confirm that the material/systems comply with Contract Documents, Owner will pay the cost of the test.
8.2.4.5 If tests reveal noncompliance, Contractor will pay those laboratory fees and costs of that particular test and all future tests, of that failing Work, necessary to eventually confirm compliance with Contract Documents.
8.2.4.6 Proof of noncompliance with the Contract Documents will make Contractor liable for any corrective action which ODR determines appropriate, including complete removal and replacement of non-compliant work or material.
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8.2.5 Notice of Testing. Contractor shall give ODR and A/E timely notice of its readiness and the date arranged so ODR and A/E may observe such inspection, testing, or approval.
8.2.6 Test Samples. Contractor is responsible for providing Samples of sufficient size for test purposes and for coordinating such tests with their Work Progress Schedule to avoid delay.
8.2.7 Covering Up Work. If Contractor covers up any Work without providing Owner an opportunity to inspect, Contractor shall, if requested by ODR, uncover and recover the work at Contractor’s expense.
8.3 Submittals.
8.3.1 Contractor’s Submittals. Contractor shall submit with reasonable promptness consistent with the Project schedule and in orderly sequence all Shop Drawings, Samples, or other information required by the Contract Documents, or subsequently required by Change Order. Prior to submitting, Contractor shall review each submittal for general compliance with Contract Documents and approve submittals for review by A/E and Owner by an approval stamp affixed to each copy. Submittal data presented without Contractor’s stamp of approval will be returned without review or comment. Any delay resulting from Contractor’s failure to certify approval of the Submittal is Contractor’s responsibility.
8.3.1.1 Contractor shall within twenty-one (21) calendar days of the effective date of the Notice To Proceed with construction, submit to ODR and A/E, a submittal schedule/register, organized by specification section, listing all items to be furnished for review and approval by A/E and Owner. The list shall include Shop Drawings, manufacturer’s literature, certificates of compliance, materials Samples, materials colors, guarantees, and all other items identified throughout the Specifications.
8.3.1.2 Contractor shall indicate the type of item, Contract requirements reference, and Contractor’s scheduled dates for submitting the item along with the requested dates for approval answers from A/E and Owner. The submittal register shall indicate the projected dates for procurement of all included items and shall be updated at least monthly with actual approval and procurement dates. Contractor’s Submittal Register must be reasonable in terms of the review time for complex submittals. Contractor’s submittal schedule must be consistent with the Work Progress Schedule and identify critical submittals. Show and allow a minimum of fifteen (15) calendar days duration after receipt by A/E and ODR for review and approval. If re-submittal required, allow a minimum of an additional fifteen (15) calendar days for review. Submit the updated Submittal Register with each request for progress payment. Owner may establish routine review procedures and schedules for submittals at the preconstruction conference and/or elsewhere in the Contract Documents. If Contractor fails to update and provide the Submittal Register as required, Owner may, after seven (7) calendar days notice to Contractor withhold a reasonable sum of money that would otherwise be due Contractor.
8.3.1.3 Contractor shall coordinate the Submittal Register with the Work Progress Schedule. Do not schedule Work requiring a submittal to begin prior to scheduling review and approval of the related submittal. Revise and/or update both schedules monthly to ensure consistency and current project data. Provide to ODR the updated Submittal Register and schedule with each application for progress payment. Refer to requirements for the Work Progress Schedule for inclusion of procurement activities therein. Regardless, the Submittal Register shall identify dates submitted and returned and shall be used to confirm status and disposition of particular items submitted, including approval or other action taken and other information not conveniently tracked through the Work Progress Schedule.
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8.3.1.4 By submitting Shop Drawings, Samples or other required information, Contractor represents that it has determined and verified all applicable field measurements, field construction criteria, materials, catalog numbers and similar data; and has checked and coordinated each Shop Drawing and Sample with the requirements of the Work and the Contract Documents.
8.3.2 Review of Submittals. A/E and ODR review is only for conformance with the design concept and the information provided in the Contract Documents. Responses to submittals will be in writing. The approval of a separate item does not indicate approval of an assembly in which the item functions. The approval of a submittal does not relieve Contractor of responsibility for any deviation from the requirements of the Contract unless Contractor informs A/E and ODR of such deviation in a clear, conspicuous, and written manner on the submittal transmittal and at the time of submission, and obtains Owner’s written specific approval of the particular deviation.
8.3.3 Correction and Resubmission. Contractor shall make any corrections required to a submittal and resubmit the required number of corrected copies promptly so as to avoid delay, until submittal approval. Direct attention in writing to A/E and ODR, when applicable, to any new revisions other than the corrections requested on previous submissions.
8.3.4 Limits on Shop Drawing Review. Contractor shall not commence any Work requiring a submittal until review of the submittal under Subsection 8.3.2. Construct all such work in accordance with reviewed submittals. Comments incorporated as part of the review in Subsection 8.3.2 of Shop Drawings and Samples is not authorization to Contractor to perform extra work or changed work unless authorized through a Change Order. A/E’s and ODR’s review, if any, does not relieve Contractor from responsibility for defects in the Work resulting from errors or omissions of any kind on the submittal, regardless of any approval action.
8.3.5 No Substitutions Without Approval. ODR and A/E may receive and consider Contractor’s request for substitution when Contractor agrees to reimburse Owner for review costs and satisfies the requirements of this section. If Contractor does not satisfy these conditions, ODR and A/E will return the request without action except to record noncompliance with these requirements. Owner will not consider the request if Contractor cannot provide the product or method because of failure to pursue the Work promptly or coordinate activities properly. Contractor’s request for a substitution may be considered by ODR and A/E when:
8.3.5.1 The Contract Documents do not require extensive revisions; and
8.3.5.2 Proposed changes are in keeping with the general intent of the Contract Documents and the design intent of A/E and do not result in an increase in cost to Owner; and
8.3.5.3 The request is timely, fully documented, properly submitted and one or more of the following apply:
8.3.5.3.1 Contractor cannot provide the specified product, assembly or method of construction within the Contract Time;
8.3.5.3.2 The request directly relates to an “or-equal” clause or similar language in the Contract Documents;
8.3.5.3.3 The request directly relates to a “product design standard” or “performance standard” clause in the Contract Documents;
8.3.5.3.4 The requested substitution offers Owner a substantial advantage in cost, time, energy conservation or other considerations, after deducting additional responsibilities Owner must assume;
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8.3.5.3.5 The specified product or method of construction cannot receive necessary approval by an authority having jurisdiction, and ODR can approve the requested substitution;
8.3.5.3.6 Contractor cannot provide the specified product, assembly or method of construction in a manner that is compatible with other materials and where Contractor certifies that the substitution will overcome the incompatibility;
8.3.5.3.7 Contractor cannot coordinate the specified product, assembly or method of construction with other materials and where Contractor certifies they can coordinate the proposed substitution; or
8.3.5.3.8 The specified product, assembly or method of construction cannot provide a warranty required by the Contract Documents and where Contractor certifies that the proposed substitution provides the required warranty.
8.3.6 Unauthorized Substitutions at Contractor’s Risk. Contractor is financially responsible for any additional costs or delays resulting from unauthorized substitution of materials, equipment or fixtures other than those specified. Contractor shall reimburse Owner for any increased design or contract administration costs resulting from such unauthorized substitutions.
8.4 Field Mock-up.
8.4.1 Mock-ups shall be constructed prior to commencement of a specified scope of work to confirm acceptable workmanship.
8.4.1.1 As a minimum, field mock-ups shall be constructed for roofing systems, exterior veneer / finish systems, glazing systems, and any other Work requiring a mock-up as identified throughout the Contract Documents. Mock-ups for systems not part of the Project scope shall not be required.
8.4.1.2 Mock-ups may be incorporated into the Work if allowed by the Contract Documents and if acceptable to ODR. If mock-ups are freestanding, they shall remain in place until otherwise directed by Owner.
8.4.1.3 Contractor shall include field mock-ups in their Work Progress Schedule and shall notify ODR and A/E of readiness for review sufficiently in advance to coordinate review without delay.
8.5 Inspection During Construction.
8.5.1 Contractor shall provide sufficient, safe, and proper facilities, including equipment as necessary for safe access, at all reasonable times for observation and/or inspection of the Work by Owner and its agents.
8.5.2 Contractor shall not cover up any Work with finishing materials or other building components prior to providing Owner and its agents an opportunity to perform an inspection of the Work.
8.5.2.1 Should corrections of the Work be required for approval, Contractor shall not over up corrected Work until Owner indicates approval.
8.5.2.2 Contractor shall provide notification of at least five (5) working days or otherwise as mutually agreed, to ODR of the anticipated need for a cover-up inspection. Should ODR fail to make the necessary inspection within the agreed period, Contractor may proceed with cover-up Work, but is not relieved of responsibility for Work to comply with requirements of the Contract Documents.
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Article 9. Construction Schedules
9.1 Contract Time. TIME IS AN ESSENTIAL ELEMENT OF THE CONTRACT. The Contract Time is the time between the dates indicated in the Notice to Proceed for commencement of the Work and for achieving Substantial Completion. The Contract Time can be modified only by Change Order. Failure to achieve Substantial Completion within the Contract Time or as otherwise agreed to in writing will cause damage to Owner and may subject Contractor to liquidated damages as provided in the Contract Documents. If Contractor fails to achieve Final Completion in a reasonable time after Substantial Completion, Contractor shall be responsible for Owner’s damages including, but not limited to, additional inspection, project management, and maintenance cost to the extent caused by Contractor’s failure to achieve Final Completion.
9.2 Notice to Proceed. Owner will issue a Notice to Proceed which shall state the dates for beginning Work and for achieving Substantial Completion of the Work.
9.3 Work Progress Schedule. Refer to Owner’s Special Conditions and Division 1 of the Specifications for additional schedule requirements. Unless indicated otherwise in those documents, Contractor shall submit their initial Work Progress Schedule for the Work in relation to the entire Project not later than twenty-one (21) calendar days after the effective date of the Notice to Proceed to ODR and A/E. Unless otherwise indicated in the Contract Documents, the Work Progress Schedule shall be computerized Critical Path Method (CPM) with fully editable logic. This initial schedule shall indicate the dates for starting and completing the various aspects required to complete the Work, including mobilization, procurement, installation, testing, inspection, delivery of Close-out Documents and acceptance of all the Work of the Contract. When acceptable to Owner, the initially accepted schedule shall be the Baseline Schedule for comparison to actual conditions throughout the Contract duration. Note: This article pertains to construction phase schedules. Additional requirements for design phase scheduling for Construction Manager-at-Risk and Design-Build contracts are outlined in Division 1 Project Planning and Scheduling Specifications.
9.3.1 Schedule Requirements. Contractor shall submit electronic and paper copy of the initial Work Progress Schedule reflecting accurate and reliable representations of the planned progress of the Work, the Work to date if any, and of Contractor’s actual plans for its completion. Contractor shall organize and provide adequate detail so the schedule is capable of measuring and forecasting the effect of delaying events on completed and uncompleted activities.
9.3.1.1 Contractor shall re-submit initial schedule as required to address review comments from A/E and ODR until such schedule is accepted as the Baseline Schedule.
9.3.1.2 Submittal of a schedule, schedule revision or schedule update constitutes Contractor’s representation to Owner of the accurate depiction of all progress to date and that Contractor will follow the schedule as submitted in performing the Work.
9.3.2 Schedule Updates. Contractor shall update the Work Progress Schedule and the Submittal Register monthly, as a minimum, to reflect progress to date and current plans for completing the Work, while maintaining original schedule as Baseline Schedule and submit paper and electronic copies of the update to A/E and ODR as directed, but as a minimum with each request for payment. Owner has no duty to make progress payments unless accompanied by the updated Work Progress Schedule. Show the anticipated date of completion reflecting all extensions of time granted through Change Order as of the date of the update. Contractor may revise the Work Progress Schedule when in Contractor’s judgment it becomes necessary for the management of the Work. Contractor shall identify all proposed changes to schedule logic to Owner and to A/E via an executive summary accompanying the updated schedule for review prior to final implementation of revisions into a revised Baseline Schedule. Schedule changes that materially impact Owner’s operations shall be communicated promptly to ODR and shall not be incorporated into the revised Baseline Schedule without ODR’s consent.
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9.3.3 The Work Progress Schedule is for Contractor’s use in managing the Work and submittal of the schedule, and successive updates or revisions, is for the information of Owner and to demonstrate that Contractor has complied with requirements for planning the Work. Owner’s acceptance of a schedule, schedule update or revision constitutes Owner’s agreement to coordinate its own activities with Contractor’s activities as shown on the schedule.
9.3.3.1 Acceptance of the Work Progress Schedule, or update and/or revision thereto does not indicate any approval of Contractor’s proposed sequences and duration.
9.3.3.2 Acceptance of a Work Progress Schedule update or revision indicating early or late completion does not constitute Owner’s consent, alter the terms of the Contract, or waive either Contractor’s responsibility for timely completion or Owner’s right to damages for Contractor’s failure to do so.
9.3.3.3 Contractor’s scheduled dates for completion of any activity or the entire Work do not constitute a change in terms of the Contract. Change Orders are the only method of modifying the Substantial Completion Date(s) and Contract Time.
9.4 Ownership of Float. Unless indicated otherwise in the Contract Documents, Contractor shall develop its schedule, pricing, and execution plan to provide a minimum of ten percent (10%) total float at acceptance of the Baseline Schedule. Float time contained in the Work Progress Schedule is not for the exclusive benefit of Contractor or Owner, but belongs to the Project and may be consumed by either party. Before Contractor uses any portion of the float Contractor must submit a written request to do so to the Owner and receive Owner’s written authorization to use the float. Owner’s approval shall not be unreasonably withheld.
9.5 Completion of Work. Contractor is accountable for completing the Work within the Contract Time stated in the Contract, or as otherwise amended by Change Order.
9.5.1 If, in the judgment of Owner, the work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to insure timely completion of the entire work or a separable portion thereof, Contractor, when so informed by Owner, shall immediately take action to increase the rate of work placement by:
9.5.1.1 An increase in working forces.
9.5.1.2 An increase in equipment or tools.
9.5.1.3 An increase in hours of work or number of shifts.
9.5.1.4 Expedite delivery of materials.
9.5.1.5 Other action proposed if acceptable to Owner.
9.5.2 Within ten (10) calendar days after such notice from ODR, Contractor shall notify ODR in writing of the specific measures taken and/or planned to increase the rate of progress. Contactor shall include an estimate as to the date of scheduled progress recovery and an updated Work Progress Schedule illustrating Contractor’s plan for achieving timely completion of the Project. Should ODR deem the plan of action inadequate, Contractor shall take additional steps or make adjustments as necessary to its plan of action until it meets with ODR’s approval.
9.6 Modification of the Contract Time.
9.6.1 Delays and extension of time as hereinafter described are valid only if executed in accordance with provisions set forth in Article 11.
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9.6.2 When a delay defined herein as excusable prevents Contractor from completing the Work within the Contract Time, Contractor is entitled to an extension of time. Owner will make an equitable adjustment and extend the number of days lost because of excusable delay or Weather Days, as measured by Contractor’s progress schedule. All extensions of time will be granted in calendar days. In no event, however, will an extension of time be granted for delays that merely extend the duration of non-critical activities, or which only consume float without delaying the project Substantial Completion date(s).
9.6.2.1 A “Weather Day” is a day on which Contractor’s current schedule indicates Work is to be done, and on which inclement weather and related site conditions prevent Contractor from performing seven (7) hours of Work between the hours of 7:00 A.M. and 6:00 P.M. Weather days are excusable delays. When weather conditions at the site prevent work from proceeding, Contractor shall immediately notify ODR for confirmation of the conditions. At the end of each calendar month, Contractor shall submit to ODR and A/E a list of Weather Days occurring in that month along with documentation of the impact on critical activities. Based on confirmation by ODR, any time extension granted will be issued by Change Order. If Contractor and Owner cannot agree on the time extension, Owner may issue a ULCO for fair and reasonable time extension.
9.6.2.2 Excusable Delay. Contractor is entitled to an equitable adjustment of the Contract Time, issued via change order, for delays caused by the following:
9.6.2.2.1 Errors, omissions and imperfections in design, which A/E corrects by means of changes in the Drawings and Specifications.
9.6.2.2.2 Unanticipated physical conditions at the Site, which A/E corrects by means of changes to the Drawings and Specifications or for which ODR directs changes in the Work identified in the Contract Documents.
9.6.2.2.3 Changes in the Work that effect activities identified in Contractor’s schedule as “critical” to completion of the entire Work, if such changes are ordered by ODR or recommended by A/E and ordered by ODR.
9.6.2.2.4 Suspension of Work for unexpected natural events (sometimes called “acts of God”), civil unrest, strikes or other events which are not within the reasonable control of Contractor.
9.6.2.2.5 Suspension of Work for convenience of ODR, which prevents Contractor from completing the Work within the Contract Time.
9.6.3 Contractor’s relief in the event of such delays is the time impact to the critical path as determined by analysis of Contractor’s schedule. In the event that Contractor incurs additional direct costs because of the excusable delays other than described in Subparagraph 9.6.2.2.4 and within the reasonable control of Owner, the Contract price and Contract Time are to be equitably adjusted by Owner pursuant to the provisions of Article 11.
9.7 No Damages for Delay. An extension of the Contract Time shall be the sole remedy of Contractor for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of Owner that constitute intentional interference with Contractor’s performance of the Work and then only to the extent such acts continue after Contractor notifies Owner in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of Owner, Contractor shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages. Owner’s exercise of any of its rights or remedies under the
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Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with Contractor’s performance of the Work regardless of the extent or frequency of Owner’s exercise of such rights or remedies.
9.8 Concurrent Delay. When the completion of the Work is simultaneously delayed by an excusable delay and a delay arising from a cause not designated as excusable, Contractor may not be entitled to a time extension for the period of concurrent delay.
9.9 Other Time Extension Requests. Time extensions requested in association with changes to the Work directed or requested by Owner shall be included with Contractor’s proposed costs for such change. Time extensions requested for inclement weather are covered by Paragraph 9.6.2.1 above. If Contractor believes that the completion of the Work is delayed by a circumstance other than for changes directed to the Work or weather, they shall give ODR written notice, stating the nature of the delay and the activities potentially affected, within five (5) calendar days after the onset of the event or circumstance giving rise to the excusable delay. Contractor shall provide sufficient written evidence to document the delay. In the case of a continuing cause of delay, only one notice of claim is necessary. State claims for extensions of time in numbers of whole or half days.
9.9.1 Within ten (10) calendar days after the cessation of the delay, Contractor shall formalize its request for extension of time in writing to include a full analysis of the schedule impact of the delay and substantiation of the excusable nature of the delay. All changes to the Contract Time or made as a result of such claims is by Change Order, as set forth in Article 11.
9.9.2 No extension of time releases Contractor or the Surety furnishing a performance or payment bond from any obligations under the Contract or such a bond. Those obligations remain in full force until the discharge of the Contract.
9.9.3 Contents of Time Extension Requests. Contractor shall provide with each Time Extension Request a quantitative demonstration of the impact of the delay on project completion time, based on the Work Progress Schedule. Contractor shall include with Time Extension Requests a reasonably detailed narrative setting forth:
9.9.3.1 The nature of the delay and its cause; the basis of Contractor’s claim of entitlement to a time extension.
9.9.3.2 Documentation of the actual impacts of the claimed delay on the critical path indicated in Contractor’s Work Progress Schedule, and any concurrent delays.
9.9.3.3 Description and documentation of steps taken by Contractor to mitigate the effect of the claimed delay, including, when appropriate, the modification of the Work Progress Schedule.
9.9.4 Owner’s Response. Owner will respond to the Time Extension Request by providing to Contractor written notice of the number of days granted, if any, and giving its reason if this number differs from the number of days requested by Contractor.
9.9.4.1 Owner will not grant time extensions for delays that do not affect the Contract Substantial Completion date.
9.9.4.2 Owner will respond to each properly submitted Time Extension Request within fifteen (15) calendar days following receipt. If Owner cannot reasonably make a determination about Contractor’s entitlement to a time extension within that time, Owner will notify Contractor in writing. Unless otherwise agreed by Contractor, Owner has no more than fifteen (15) additional calendar days to prepare a final response. If Owner fails to respond within forty-five (45) calendar days from the date the Time Extension Request is received, Contractor’s request for a time extension shall be deemed rejected by Owner.
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9.10 Failure to Complete Work Within the Contract Time. TIME IS AN ESSENTIAL ELEMENT OF THE CONTRACT. Contractor’s failure to substantially complete the Work within the Contract Time or to achieve Substantial Completion as required will cause damage to Owner. These damages shall may be liquidated by agreement of Contractor and Owner, in the amount per day as set forth in the Contract Documents.
9.11 Liquidated Damages. Owner may collect liquidated damages due from Contractor directly or indirectly by reducing the Contract Sum in the amount of liquidated damages stated in the Agreement or the Owner’s Special Conditions.
Article 10. Payments
10.1 Schedule of Values. Contractor shall submit to ODR and A/E for acceptance a Schedule of Values accurately itemizing material and labor for the various classifications of the Work based on the organization of the specification sections and of sufficient detail acceptable to ODR. The accepted Schedule of Values will be the basis for the progress payments under the Contract.
10.1.1 No progress payments will be made prior to receipt and acceptance of the Schedule of Values, provided in such detail as required by ODR, and submitted not less than twenty-one (21) calendar days prior to the first request for payment. The Schedule of Values shall follow the order of trade divisions of the Specifications and include itemized costs for General Conditions, costs for preparing Close-Out documents, fees, contingencies, and Owner cash allowances, if applicable, so that the sum of the items will equal the Contract price. As appropriate, assign each item labor and/or material values, the subtotal thereof equaling the value of the work in place when complete.
10.1.1.1 Owner requires that the Work items be inclusive of the cost of the Work items only. Any contract markups for overhead and profit, general conditions, etc., shall be contained within separate line items for those specific purposes which shall be divided into at least two (2) lines, one (1) for labor and one (1) for materials.
10.1.2 Contractor shall retain a copy of all worksheets used in preparation of its bid or proposal, supported by a notarized statement that the worksheets are true and complete copies of the documents used to prepare the bid or proposal. Make the worksheets available to ODR at the time of Contract execution. Thereafter Contractor shall grant Owner during normal business hours access to said copy of worksheets at any time during the period commencing upon execution of the Contract and ending one year after final payment.
10.2. Progress Payments. Contractor will receive periodic progress payments for Work performed, materials in place, suitably stored on Site, or as otherwise agreed to by Owner and Contractor. Payment is not due until receipt by ODR or his designee of a correct and complete Pay Application in electronic and/or hard copy format as set forth in the Agreement or the Owner’s Special Conditions, and certified by A/E. Progress payments are made provisionally and do not constitute acceptance of work not in accordance with the Contract Documents. Owner will not process progress payment applications for Change Order Work until all parties execute the Change Order.
10.2.1 Preliminary Pay Worksheet. Once each month that a progress payment is to be requested, the Contractor shall submit to A/E and ODR a complete, clean copy of a preliminary pay worksheet or preliminary pay application, to include the following: 10.2.1.1 Contractor’s estimate of the amount of Work performed, labor furnished and materials incorporated into the Work, using the established Schedule of Values;
10.2.1.2 An updated Work Progress Schedule including the executive summary and all required schedule reports;
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10.2.1.3 HUB subcontracting plan Progress Assessment Report as required in Paragraph 4.2.5.1;
10.2.1.4 Such additional documentation as Owner may require as set forth in the elsewhere in the Contract Documents; and
10.2.1.5 Construction payment affidavit.
10.2.2 Contractor’s Application for Payment. As soon as practicable, but in no event later than seven (7) calendar days after receipt of the preliminary pay worksheet, A/E and ODR will meet with Contractor to review the preliminary pay worksheet and to observe the condition of the Work. Based on this review, ODR and A/E may require modifications to the preliminary pay worksheet prior to the submittal of an Application for Payment, and will promptly notify Contractor of revisions necessary for approval. As soon as practicable, Contractor shall submit its Application for Payment on the appropriate and completed form, reflecting the required modifications to the Schedule of Values required by A/E and/or ODR. Attach all additional documentation required by ODR and/or A/E, as well as an affidavit affirming that all payrolls, bills for labor, materials, equipment, subcontracted work and other indebtedness connected with Contractor’s Application for Payment are paid or will be paid within the time specified in Tex. Gov’t Code, Chapter 2251. No Application for Payment is complete unless it fully reflects all required modifications, and attaches all required documentation including Contractor’s affidavit.
10.2.3 Certification by Architect/Engineer. Within five (5) calendar days or earlier following A/E’s receipt of Contractor’s formal Application for Payment, A/E will review the Application for Payment for completeness, and forward it to ODR. A/E will certify that the application is complete and payable, or that it is incomplete, stating in particular what is missing. If the Application for Payment is incomplete, Contractor shall make the required corrections and resubmit the Application for Payment for processing.
10.3 Owner’s Duty to Pay. Owner has no duty to pay the Contractor except on receipt by ODR of: 1) a complete Application for Payment certified by A/E; 2) Contractor’s updated Work Progress Schedule; and 3) confirmation that Contractor has maintained and updated the Record Documents kept at the Site.
10.3.1 Payment for stored materials and/or equipment confirmed by Owner and A/E to be on-site or otherwise properly stored is limited to eighty-five percent (85%) of the invoice price or eighty-five percent (85%) of the scheduled value for the materials or equipment, whichever is less.
10.3.2 Retainage. Owner will withhold from each progress payment, as retainage, five percent (5%) of the total earned amount, the amount authorized by law, or as otherwise set forth in the Owner’s Special Conditions. Retainage is managed in conformance with Tex. Gov’t Code, Chapter 2252, Subchapter B.
10.3.2.1 Contractor shall provide written consent of its surety for any request for reduction or release of retainage.
10.3.2.2 At least sixty-five percent (65%) of the Contract, or such other discrete Work phase as set forth in Subsection 12.1.6 or Work package delineated in the Contract Documents, must be completed before Owner can consider a retainage reduction or release.
10.3.2.3 Contractor shall not withhold retainage from their Subcontractors and suppliers in amounts that are any percentage greater than that withheld in its Contract with Owner under this subsection, unless otherwise acceptable to Owner.
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10.3.3 Price Reduction to Cover Loss. Owner may reduce any Application for Payment, prior to payment to the extent necessary to protect Owner from loss on account of actions of Contractor including, but not limited to, the following:
10.3.3.1 Defective or incomplete Work not remedied;
10.3.3.2 Damage to Work of a separate Contractor;
10.3.3.3 Failure to maintain scheduled progress or reasonable evidence that the Work will not be completed within the Contract Time;
10.3.3.4 Persistent failure to carry out the Work in accordance with the Contract Documents;
10.3.3.5 Reasonable evidence that the Work cannot be completed for the unpaid portion of the Contract Sum;
10.3.3.6 Assessment of fines for violations of prevailing wage rate law; or
10.3.3.7 Failure to include the appropriate amount of retainage for that periodic progress payment.
10.3.4 Title to all material and Work covered by progress payments transfers to Owner upon payment.
10.3.4.1 Transfer of title to Owner does not relieve Contractor and its Subcontractors of the sole responsibility for the care and protection of materials and Work upon which payments have been made until final acceptance, or the restoration of any damaged Work, or waive the right of Owner to require the fulfillment of all the terms of the Contract.
10.4 Progress Payments. Progress payments to Contractor do not release Contractor or its surety from any obligations under the Contract.
10.4.1 Upon Owner’s request, Contractor shall furnish manifest proof of the status of Subcontractor’s accounts in a form acceptable to Owner.
10.4.2 Pay estimate certificates must be signed by a corporate officer or a representative duly authorized by Contractor.
10.4.3 Provide copies of bills of lading, invoices, delivery receipts or other evidence of the location and value of such materials in requesting payment for materials.
10.4.4 For purposes of Tex. Gov’t Code § 2251.021(a)(2), the date the performance of service is complete is the date when ODR approves the Application for Payment.
10.5 Off-Site Storage. With prior approval by Owner and in the event Contractor elects to store materials at an off-site location, abide by the following conditions, unless otherwise agreed to in writing by Owner.
10.5.1 Store materials in a commercial warehouse meeting the criteria stated below.
10.5.2 Provide insurance coverage adequate not only to cover materials while in storage, but also in transit from the off-site storage areas to the Project Site. Copies of duly authenticated certificates of insurance, made out to insure the State agency which is signatory to the Contract, must be filed with Owner’s representative.
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10.5.3 Inspection by Owner’s representative is allowed at any time. Owner’s inspectors must be satisfied with the security, control, maintenance, and preservation measures.
10.5.4 Materials for this Project are physically separated and marked for the Project in a sectioned- off area. Only materials which have been approved through the submittal process are to be considered for payment.
10.5.5 Owner reserves the right to reject materials at any time prior to final acceptance of the complete Contract if they do not meet Contract requirements regardless of any previous progress payment made.
10.5.6 With each monthly payment estimate, submit a report to ODR and A/E listing the quantities of materials already paid for and still stored in the off-site location.
10.5.7 Make warehouse records, receipts and invoices available to Owner’s representatives, upon request, to verify the quantities and their disposition.
10.5.8 In the event of Contract termination or default by Contractor, the items in storage off-site, upon which payment has been made, will be promptly turned over to Owner or Owner’s agents at a location near the jobsite as directed by ODR. The full provisions of performance and payment bonds on this Project cover the materials off-site in every respect as though they were stored on the Project Site.
10.6 Time for Payment by Contractor Pursuant to Tex. Gov’t Code § 2255.022.
10.6.1 Contractor who receives a payment from a governmental entity shall pay Subcontractor the appropriate share of the payment not later than the tenth (10th) day after the date Contractor receives the payment.
10.6.2 The appropriate share is overdue on the eleventh (11th) day after the date Contractor receives the payment.
Article 11. Changes
11.1 Change Orders. A Change Order issued after execution of the Contract is a written order to Contractor, signed by ODR, Contractor, and A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. ODR may issue a written authorization for Contractor to proceed with Work of a Change Order in advance of final execution by all parties in accordance with Section 11.9.
11.1.1 Owner, without invalidating the Contract and without approval of Contractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order or a ULCO.
11.1.2 Owner and Contractor acknowledge and agree that the Specifications and Drawings may not be complete or free from errors, omissions and imperfections and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner. Therefore, any minor errors, omissions or imperfections in the Specifications or Drawings, or
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any changes in or additions to the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of Contract, or otherwise. However, should the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor for the changes in the Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 Procedures for administration of Change Orders shall be established by Owner and stated in the Owner’s Special Conditions, or elsewhere in the Contract Documents.
11.1.4 No verbal order, verbal statement, or verbal direction of Owner or his duly appointed representative shall be treated as a change under this article or entitle Contractor to an adjustment.
11.1.5 Contractor agrees that Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of Contractor. Further, Contractor agrees to include in all its subcontracts a provision to the effect that Subcontractor agrees that Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
11.2 Unit Prices. If unit prices are stated in the Contract Documents or subsequently agreed upon and if the quantities originally contemplated in setting the unit prices are so changed in a Proposed Change Order that application of the agreed unit prices to the quantities of work proposed will cause substantial inequity to Owner or Contractor, the applicable unit prices shall be equitably adjusted as provided in the Owner’s Special Conditions or as agreed to by the parties and incorporated into a Change Order.
11.3 Claims for Additional Costs.
11.3.1 If Contractor wishes to make a claim for an increase in the Contract Sum not related to a requested change, it shall give Owner and A/E written notice thereof within twenty-one (21) calendar days after the occurrence of the event or discovery of any conditions giving rise to such claim. Contractor must notify Owner and A/E before proceeding to execute any Work considered to add additional cost or time, except in an emergency endangering life or property in which case Contractor shall act in accordance with Subsection 7.2.1., and failure to provide the required notice will invalidate any subsequent notice or claim for additional cost or time for the Work. If Owner and Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determined as set forth under Article 15. Any change in the Contract Sum resulting from such claim shall be authorized by a Change Order or a ULCO.
11.3.2 If Contractor claims that additional cost is involved because of, but not limited to, 1) any written interpretation of the Contract Documents, 2) any order by Owner to stop the Work pursuant to Article 14 where Contractor was not at fault, or 3) any written order for a minor change in the Work issued pursuant to Section 11.4, Contractor shall make such claim as provided in Subsection 11.3.1.
11.3.3 Should Contractor or his Subcontractors fail to call attention of A/E to discrepancies or omissions in the Contract Documents, but claim additional costs for corrective Work after
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Contract award, Owner may assume intent to circumvent competitive bidding for necessary corrective Work. In such case, Owner may choose to let a separate Contract for the corrective Work, or issue a ULCO to require performance by Contractor. Claims for time extensions or for extra cost resulting from delayed notice of patent Contract Document discrepancies or omissions will not be considered by Owner.
11.4 Minor Changes. A/E, with concurrence of ODR, will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order which Contractor shall carry out promptly and record on the Record Documents.
11.5 Concealed Site Conditions. Contractor is responsible for visiting the Site and being familiar with local conditions such as the location, accessibility, and general character of the Site and/or building. If, in the performance of the Contract, subsurface, latent, or concealed conditions at the Site are found to be materially different from the information included in the Contract Documents, or if unknown conditions of an unusual nature are disclosed differing materially from the conditions usually inherent in Work of the character shown and specified, ODR and A/E shall be notified in writing of such conditions before they are disturbed. Upon such notice, or upon its own observation of such conditions, A/E, with the approval of ODR, will promptly make such changes in the Drawings and Specifications as they deem necessary to conform to the different conditions, and any increase or decrease in the cost of the Work, or in the time within which the Work is to be completed, resulting from such changes will be adjusted by Change Order, subject to the prior approval of ODR.
11.6 Extension of Time. All changes to the Contract Time shall be made as a consequence of requests as required under Section 9.6, and as documented by Change Order as provided under Section 11.1.
11.7 Administration of Change Order Requests. All changes in the Contract shall be administered in accordance with procedures approved by Owner, and when required, make use of such electronic information management system(s) as Owner may employ.
11.7.1 Routine changes in the construction Contract shall be formally initiated by A/E by means of a PCO form detailing requirements of the proposed change for pricing by Contractor. This action may be preceded by communications between Contractor, A/E and ODR concerning the need and nature of the change, but such communications shall not constitute a basis for beginning the proposed Work by Contractor. Except for emergency conditions described below, approval of Contractor’s cost proposal by A/E and ODR will be required for authorization to proceed with the Work being changed. Owner will not be responsible for the cost of Work changed without prior approval and Contractor may be required to remove Work so installed.
11.7.2 All proposed costs for change order Work must be supported by itemized accounting of material, equipment and associated itemized installation costs in sufficient detail, following the outline and organization of the established Schedule of Values, to permit analysis by A/E and ODR using current estimating guides and/or practices. Photocopies of Subcontractor and vendor proposals shall be furnished unless specifically waived by ODR. Contractor shall provide written response to a change request within twenty-one (21) calendar days of receipt.
11.7.3 Any unexpected circumstance which necessitates an immediate change in order to avoid a delay in progress of the Work may be expedited by verbal communication and authorization between Contractor and Owner, with written confirmation following within twenty-four (24) hours. A limited scope not-to-exceed estimate of cost and time will be requested prior to authorizing Work to proceed. Should the estimate be impractical for any reason, ODR may authorize the use of detailed cost records of such work to establish and confirm the actual costs and time for documentation in a formal Change Order.
11.7.4 Emergency changes to save life or property may be initiated by Contractor alone (see Section 7.3) with the claimed cost and/or time of such work to be fully documented as to necessity
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and detail of the reported costs and/or time.
11.7.5 The method of incorporating approved Change Orders into the parameters of the accepted Schedule of Values must be coordinated and administered in a manner acceptable to ODR.
11.8 Pricing Change Order Work. The amounts that Contractor and/or its Subcontractor adds to a Change Order for profit and overhead will also be considered by Owner before approval is given. The amounts established hereinafter are the maximums that are acceptable to Owner.
11.8.1 For Work performed by its forces, Contractor will be allowed its actual costs paid for materials, the total amount of its actual wages paid for labor, plus its actual cost paid for of State and Federal payroll taxes and for of worker’s compensation and comprehensive general liability insurance, plus its actual additional bond and builders risk insurance cost if the change results in an increase in the premium paid by Contractor. To the total of the above costs, Contractor will be allowed to add a percentage as noted below to cover overhead and profit combined. Overhead shall be considered to include insurance other than mentioned above, field and office supervisors and assistants, including safety and scheduling personnel, use of small tools, incidental job burdens and general Home Office expenses, and no separate allowance will be made therefore.
11.8.1.1 Allowable percentages for overhead and profit on changes will not exceed fifteen percent (15%) if the total of self-performed work is less than or equal to $10,000.00, ten percent (10%) if the total of self-performed work is between $10,000.00 and $20,000.00 and seven and a half percent (7.5%) if the total of self-performed work is over $20,000.00, for any specific change priced.
11.8.2 For subcontracted Work each affected Subcontractor shall figure its costs, overhead and profit as described above for Contractor’s Work, all Subcontractor costs shall be combined, and to that total Subcontractor cost Contractor will be allowed to add a maximum mark-up of ten percent (10%) if the total of all subcontracted work is less than or equal to $10,000.00, seven and a half percent (7.5%) if the total of all subcontracted work is between $10,000.00 and $20,000.00 and five percent (5%) if the total of all subcontractor work is over $20,000.00.
11.8.3 On changes involving both additions and deletions, percentages for overhead and profit will be allowed only on the net addition. Owner does not accept and will not pay for additional Contract cost identified as indirect or consequential damages or as damages caused by delay.
11.8.4 For Contracts based on a Guaranteed Maximum Price (GMP), the Construction Manager- at-Risk or Design Builder shall NOT be entitled to a percentage mark-up on any Change Order Work unless the Change Order increases the Guaranteed Maximum Price.
11.9 Unilateral Change Order (ULCO). Owner may issue a written ULCO directing a change in the Work prior to reaching agreement with Contractor on the adjustment, if any, in the Contract price and/or the Contract Time.
11.9.1 Owner and Contractor shall negotiate for appropriate adjustments, as applicable, to the Contract Sum or the Contract Time arising out of a ULCO. As the changed Work is performed, Contractor shall submit its costs for such Work with its Application for Payment beginning with the next Application for Payment within thirty (30) calendar days of the issuance of the ULCO. The Parties reserve their rights to dispute the ULCO amount, subject to Article 15.
11.10 Finality of Changes—Contractor. Upon execution of a Change Order and /or a ULCO by Owner, Contractor and A/E, all costs and time issues claimed by Contractor regarding that change are final and
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not subject to increase.
11.11 Audit of Changes—Owner. All Changes Orders are subject to audit by Owner or its representative at any time in accordance with Article 16.4 and Change Order amounts may be adjusted lower as a result of such audit.
Article 12. Project Completion and Acceptance
12.1 Closing Inspections.
12.1.1 Substantial Completion Inspection. When Contractor considers the entire Work or part thereof Substantially Complete, it shall notify ODR in writing that the Work will be ready for Substantial Completion inspection on a specific date. Contractor shall include with this notice Contractor’s Punchlist to indicate that it has previously inspected all the Work associated with the request for inspection, noting items it has corrected and included all remaining work items with date scheduled for completion or correction prior to final inspection. The failure to include any items on this list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. If any of the items on this list prevents the Project from being used as intended, Contractor shall not request a Substantial Completion Inspection. Owner and its representatives will review the list of items and schedule the requested inspection, or inform Contractor in writing that such an inspection is premature because the Work is not sufficiently advanced or conditions are not as represented on Contractor’s list.
12.1.1.1 Prior to the Substantial Completion inspection, Contractor shall furnish a copy of its marked-up Record Documents and a preliminary copy of each instructional manual, maintenance and operating manual, parts catalog, wiring diagrams, spare parts, specified written warranties, and like publications or parts for all installed equipment, systems, and like items as described in the Contract Documents. Delivery of these items is a prerequisite for requesting the Substantial Completion inspection.
12.1.1.2 On the date requested by Contractor, or as mutually agreed upon pending the status of the Open Items List, A/E, ODR, Contractor, and other Owner representatives as determined by Owner will jointly attend the Substantial Completion inspection, which shall be conducted by ODR or their delegate. If ODR concurs with the determination of Contractor and A/E that the Work is Substantially Complete, ODR will issue a Certificate of Substantial Completion to be signed by A/E, Owner, and Contractor establishing the date of Substantial Completion and identifying responsibilities for security, insurance and maintenance. A/E will provide with this certificate a list of Punchlist items (the pre-final Punchlist) for completion prior to final inspection. This list may include items in addition to those on Contractor’s Punchlist, which the inspection team deems necessary to correct or complete prior to final inspection. If Owner occupies the Project upon determination of Substantial Completion, Contractor shall complete all corrective Work at the convenience of Owner, without disruption to Owner’s use of the Project for its intended purposes.
12.1.2 Final Inspection. Contractor shall complete the list of items identified on the pre-final Punchlist prior to requesting a final inspection. Unless otherwise specified, or otherwise agreed in writing by the parties as documented on the Certificate of Substantial Completion, Contractor shall complete and/or correct all Work within thirty (30) calendar days of the Substantial Completion date. Upon completion of the pre-final Punchlist work, Contractor shall give written notice to ODR and A/E that the Work will be ready for final inspection on a specific date. Contractor shall accompany this notice with a copy of the updated pre-final Punchlist indicating resolution of all items. On the date specified or as soon thereafter as is practicable, ODR, A/E and Contractor will inspect the Work. A/E will submit to Contractor a
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final Punchlist of open items that the inspection team requires corrected or completed before final acceptance of the Work.
12.1.2.1 Correct or complete all items on the final Punchlist before requesting Final Payment. Unless otherwise agreed to in writing by the parties, complete this work within seven (7) calendar days of receiving the final Punchlist. Upon completion of the final Punchlist, notify A/E and ODR in writing stating the disposition of each final Punchlist item. A/E, Owner, and Contractor shall promptly inspect the completed items. When the final Punchlist is complete, and the Contract is fully satisfied according to the Contract Documents ODR will issue a certificate establishing the date of Final Completion. Completion of all Work is a condition precedent to Contractor’s right to receive Final Payment.
12.1.3 Annotation. Any Certificate issued under this Article may be annotated to indicate that it is not applicable to specified portions of the Work, or that it is subject to any limitation as determined by Owner.
12.1.4 Purpose of Inspection. Inspection is for determining the completion of the Work, and does not relieve Contractor of its overall responsibility for completing the Work in a good and competent fashion, in compliance with the Contract. Work accepted with incomplete Punchlist items or failure of Owner or other parties to identify Work that does not comply with the Contract Documents or is defective in operation or workmanship does not constitute a waiver of Owner’s rights under the Contract or relieve Contractor of its responsibility for performance or warranties.
12.1.5 Additional Inspections.
12.1.5.1 If Owner’s inspection team determines that the Work is not substantially complete at the Substantial Completion inspection, ODR or A/E will give Contractor written notice listing cause(s) of the rejection. Contractor will set a time for completion of incomplete or defective work acceptable to ODR. Contractor shall complete or correct all work so designated prior to requesting a second Substantial Completion inspection.
12.1.5.2 If Owner’s inspection team determines that the Work is not complete at the final inspection, ODR or A/E will give Contractor written notice listing the cause(s) of the rejection. Contractor will set a time for completion of incomplete or defective work acceptable to ODR. Contractor shall complete or correct all Work so designated prior to again requesting a final inspection.
12.1.5.3 The Contract contemplates three (3) comprehensive inspections: the Substantial Completion inspection, the Final Completion inspection, and the inspection of completed final Punchlist items. The cost to Owner of additional inspections resulting from the Work not being ready for one or more of these inspections is the responsibility of Contractor. Owner may issue a ULCO deducting these costs from Final Payment. Upon Contractor’s written request, Owner will furnish documentation of any costs so deducted. Work added to the Contract by Change Order after Substantial Completion inspection is not corrective Work for purposes of determining timely completion, or assessing the cost of additional inspections.
12.1.6 Phased Completion. The Contract may provide, or Project conditions may warrant, as determined by ODR, that designated elements or parts of the Work be completed in phases. Where phased completion is required or specifically agreed to by the parties, the provisions of the Contract related to closing inspections, occupancy, and acceptance apply independently to each designated element or part of the Work. For all other purposes, unless otherwise agreed by the parties in writing, Substantial Completion of the Work as a whole is the date on which the last element or part of the Work completed receives a Substantial Completion certificate. Final Completion of the Work as a whole is the date on which the last element or part of the
40 2013 Uniform General Conditions for UT System Construction Projects
Work completed receives a Final Completion certificate or notice.
12.2 Owner’s Right of Occupancy. Owner may occupy or use all or any portion of the Work following Substantial Completion, or at any earlier stage of completion. Should Owner wish to use or occupy the Work, or part thereof, prior to Substantial Completion, ODR will notify Contractor in writing and identify responsibilities for security, insurance and maintenance Work performed on the premises by third parties on Owner’s behalf does not constitute occupation or use of the Work by Owner for purposes of this Article. All Work performed by Contractor after occupancy, whether in part or in whole, shall be at the convenience of Owner so as to not disrupt Owner’s use of, or access to occupied areas of the Project.
12.3 Acceptance and Payment
12.3.1 Request for Final Payment. Following the certified completion of all work, including all final Punchlist items, cleanup, and the delivery of record documents, Contractor shall submit a certified Application for Final Payment and include all sums held as retainage and forward to A/E and ODR for review and approval.
12.3.2 Final Payment Documentation. Contractor shall submit, prior to or with the Application for Final Payment, final copies of all Close-Out documents, maintenance and operating instructions, guarantees and warranties, certificates, Record Documents and all other items required by the Contract. Contractor shall submit evidence of return of access keys and cards, evidence of delivery to Owner of attic stock, spare parts, and other specified materials. Contractor shall submit consent of surety to Final Payment form and an affidavit that all payrolls, bills for materials and equipment, subcontracted work and other indebtedness connected with the Work, except as specifically noted, are paid, will be paid, after payment from Owner or otherwise satisfied within the period of time required by Tex. Gov’t Code, Chapter 2251. Contractor shall furnish documentation establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of claims and liens arising out of the Contract. Contractor may not subsequently submit a claim on behalf of Subcontractor or vendor unless Contractor’s affidavit notes that claim as an exception.
12.3.3 Architect/Engineer Approval. A/E will review a submitted Application for Final Payment promptly but in no event later than ten (10) calendar days after its receipt. Prior to the expiration of this deadline, A/E will either: 1) return the Application for Final Payment to Contractor with corrections for action and resubmission; or 2) accept it, note their approval, and send to Owner.
12.3.4 Offsets and Deductions. Owner may deduct from the Final Payment all sums due from Contractor. If the Certificate of Final Completion notes any Work remaining, incomplete, or defects not remedied, Owner may deduct the cost of remedying such deficiencies from the Final Payment. On such deductions, Owner will identify each deduction, the amount, and the explanation of the deduction on or by the twenty-first (21st) day after Owner’s receipt of an approved Application for Final Payment. Such offsets and deductions shall be incorporated via a final Change Order, including a ULCO as may be applicable.
12.3.5 Final Payment Due. Final Payment is due and payable by Owner, subject to all allowable offsets and deductions, on the thirtieth (30th) day following Owner’s approval of the Application for Payment. If Contractor disputes any amount deducted by Owner, Contractor shall give notice of the dispute on or before the thirtieth (30th) day following receipt of Final Payment. Failure to do so will bar any subsequent claim for payment of amounts deducted.
12.3.6 Effect of Final Payment. Final Payment constitutes a waiver of all claims by Owner, relating to the condition of the Work except those arising from:
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12.3.6.1 Faulty or defective Work appearing after Substantial Completion (latent defects);
12.3.6.2 Failure of the Work to comply with the requirements of the Contract Documents;
12.3.6.3 Terms of any warranties required by the Contract, or implied by law; or
12.3.6.4 Claims arising from personal injury or property damage to third parties.
12.3.7 Waiver of Claims. Final payment constitutes a waiver of all claims and liens by Contractor except those specifically identified in writing and submitted to ODR prior to the application for Final Payment.
12.3.8 Effect on Warranty. Regardless of approval and issuance of Final Payment, the Contract is not deemed fully performed by Contractor and closed until the expiration of all warranty periods.
Article 13. Warranty and Guarantee
13.1 Contractor’s General Warranty and Guarantee. Contractor warrants to Owner that all Work is executed in accordance with the Contract, complete in all parts and in accordance with approved practices and customs, and of the required finish and workmanship. Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract are new. Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract, and to accept a reduction in the Contract price for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute and is not waived by any inspection or observation by Owner, A/E or others, by making any progress payment or final payment, by the use or occupancy of the Work or any portion thereof by Owner, at any time, or by any repair or correction of such defect made by Owner.
13.2 Warranty Period. Except as may be otherwise specified or agreed, Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Substantial Completion of the Work. If Substantial Completion occurs by phase, then the warranty period for that the Work performed for each phase begins on the date of Substantial Completion of that phase, or as otherwise stipulated on the Certificate of Substantial Completion for the particular phase.
13.3 Limits on Warranty. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
13.3.1 Modification or improper maintenance or operation by persons other than Contractor, Subcontractors, or any other individual or entity for whom Contractor is not responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of Contractor.
13.3.2 Normal wear and tear under normal usage after acceptance of the Work by Owner.
13.4 Events Not Affecting Warranty. Contractor’s obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or relieve the Contractor from its obligation to perform the Work in accordance with the Contract Documents:
13.4.1 Observations by Owner and/or A/E;
13.4.2 Recommendation to pay any progress or final payment by A/E;
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13.4.3 The issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents;
13.4.4 Use or occupancy of the Work or any part thereof by Owner;
13.4.5 Any acceptance by Owner or any failure to do so;
13.4.6 Any review of a Shop Drawing or sample submittal; or
13.4.7 Any inspection, test or approval by others.
13.5 Separate Warranties. If a particular piece of equipment or component of the Work for which the Contract requires a separate warranty is placed in continuous service before Substantial Completion, the warranty period for that equipment or component will not begin until Substantial Completion, regardless of any warranty agreements in place between suppliers and/or Subcontractors and Contractor. ODR will certify the date of service commencement in the Substantial Completion certificate.
13.5.1 In addition to Contractor‘s warranty and duty to repair, Contractor expressly assumes all warranty obligations required under the Contract for specific building components, systems and equipment.
13.5.2 Contractor may satisfy any such obligation by obtaining and assigning to Owner a complying warranty from a manufacturer, supplier, or Subcontractor. Where an assigned warranty is tendered and accepted by Owner which does not fully comply with the requirements of the Contract, Contractor remains liable to Owner on all elements of the required warranty not provided by the assigned warranty.
13.6 Correction of Defects. Upon receipt of written notice from Owner, or any agent of Owner designated as responsible for management of the warranty period, of the discovery of a defect, Contractor shall promptly remedy the defect(s), and provide written notice to Owner and designated agent indicating action taken. In case of emergency where delay would cause serious risk of loss or damage to Owner, or if Contractor fails to remedy within thirty (30) calendar days, or within another period agreed to in writing, Owner may correct the defect and be reimbursed the cost of remedying the defect from Contractor or its surety.
Article 14. Suspension and Termination
14.1 Suspension of Work for Cause. Owner may, at any time without prior notice, suspend all or any part of the Work if, after reasonable observation and/or investigation, Owner determines it is necessary to do so to prevent or correct any condition of the Work which constitutes an immediate safety hazard or which may reasonably be expected to impair the integrity, usefulness or longevity of the Work when completed.
14.1.1 Owner will give Contractor a written notice of suspension for cause, setting forth the reason for the suspension and identifying the Work suspended. Upon receipt of such notice, Contractor shall immediately stop the Work so identified. As soon as practicable following the issuance of such a notice, Owner will initiate and complete a further investigation of the circumstances giving rise to the suspension, and issue a written determination of the findings.
14.1.2 If it is confirmed that the cause was within the control of Contractor, Contractor will not be entitled to an extension of time for delay resulting from the suspension. If the cause is determined not to have been within the control of Contractor, and the suspension has prevented Contractor from completing the Work within the Contract Time, the suspension is an excusable delay and a time extension will be granted through a Change Order.
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14.1.3 Suspension of Work under this provision will be no longer than is reasonably necessary to remedy the conditions giving rise to the suspension.
14.2 Suspension of Work for Owner’s Convenience. Upon seven (7) calendar days written notice to Contractor, Owner may at any time without breach of the Contract suspend all or any portion of the Work for a period of up to sixty (60) calendar days for its own convenience. Owner will give Contractor a written notice of suspension for convenience, which sets forth the number of suspension days for which the Work, or any portion of it, and the date on which the suspension of Work will cease. When such a suspension prevents Contractor from completing the Work within the Contract Time, it is an excusable delay. A notice of suspension for convenience may be modified by Owner at any time on seven (7) calendar days written notice to Contractor. If Owner suspends the Work for its convenience for more than sixty (60) consecutive calendar days, Contractor may elect to terminate the Contract pursuant to the provisions of the Contract.
14.3 Termination by Owner for Cause.
14.3.1 Upon thirty (30) calendar days written notice to Contractor and its surety, Owner may, without prejudice to any right or remedy, terminate the Contract and take possession of the Site and of all materials, equipment, tools, construction equipment, and machinery thereon owned by Contractor under any of the following circumstances:
14.3.1.1 Persistent or repeated failure or refusal, except during complete or partial suspensions of work authorized under the Contract, to supply enough properly skilled workmen or proper materials;
14.3.1.2 Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, including ODR;
14.3.1.3 Persistent failure to prosecute the Work in accordance with the Contract, and to ensure its completion within the time, or any approved extension thereof, specified in the Contract;
14.3.1.4 Failure to remedy defective work condemned by ODR;
14.3.1.5 Failure to pay Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code, Chapter 2251;
14.3.1.6 Persistent endangerment to the safety of labor or of the Work;
14.3.1.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract;
14.3.1.8 Any material breach of the Contract; or
14.3.1.9 Contractor’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work.
14.3.2 Failure by Owner to exercise the right to terminate in any instance is not a waiver of the right to do so in any other instance.
14.3.3 Upon receipt of a termination notice, the Contractor or its Surety has thirty (30) calendar days to cure the reasons for the termination or demonstrate to the satisfaction of the Owner that it is prepared to remedy to the condition(s) upon which the notice of termination was based with diligence and promptness. If the Owner is satisfied that the Contractor or its Surety can remedy the reasons for the termination and complete the Work as required, the notice of termination shall be rescinded in writing by the Owner and the Work shall continue without
44 2013 Uniform General Conditions for UT System Construction Projects
an extension of time.
14.3.4 If at the conclusion of the thirty (30) calendar day cure period the Contractor or its Surety is unable to demonstrate to the satisfaction of the Owner its ability to remedy the reasons for termination, the Owner may immediately terminate the employment of the Contractor, make alternative arrangements for completion of the Work and deduct the cost of completion from the unpaid Contract Sum.
14.3.4.1 Owners cost to complete the Work includes, but is not limited to, fees for additional services by A/E and other consultants, and additional contract administration costs.
14.3.4.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner.
14.3.4.3 This obligation for payment survives the termination of the Contract.
14.3.4.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.
14.4 Conversion to Termination for Convenience. In the event that any termination of Contractor for cause under Section 14.3 is later determined to have been improper, the termination shall automatically convert to a termination for convenience under Section 14.5 and Contractor’s recovery for termination shall be strictly limited to the payments allowable under Section 14.5.
14.5 Termination for Convenience of Owner. Owner reserves the right, without breach, to terminate the Contract prior to, or during the performance of the Work, for any reason. Upon such an occurrence, the following shall apply:
14.5.1 Owner will notify Contractor and A/E in writing specifying the reason for and the effective date of the Contract termination. The notice may also contain instructions necessary for the protection, storage or decommissioning of incomplete work or systems, and for safety.
14.5.2 Upon receipt of the notice of termination, Contractor shall immediately proceed with the following obligations, regardless of any dispute in determining or adjusting any amounts due at that point in the Contract:
14.5.2.1 Stop all work.
14.5.2.2 Place no further subcontracts or orders for materials or services.
14.5.2.3 Terminate all subcontracts for convenience.
14.5.2.4 Cancel all materials and equipment orders as applicable.
14.5.2.5 Take appropriate action that is necessary to protect and preserve all property related to the Contract which is in the possession of Contractor.
14.5.3 When the Contract is terminated for Owner’s convenience, Contractor may recover from Owner payment for all Work executed. Contractor may not claim lost profits or lost business opportunities.
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14.6 Termination By Contractor. If the Work is stopped for a period of ninety (90) calendar days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of Contractor or Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with Contractor, then Contractor may, upon thirty (30) additional calendar days written notice to ODR, terminate the Contract and recover from Owner payment for all Work executed, but not lost profits or lost business opportunities. If the cause of the Work stoppage is removed prior to the end of the thirty (30) calendar day notice period, Contractor may not terminate the Contract.
14.7 Settlement on Termination. When the Contract is terminated for any reason, at any time prior to one hundred and eighty (180) calendar days after the effective date of termination, Contractor shall submit a final termination settlement proposal to Owner based upon recoverable costs as provided under the Contract. If Contractor fails to submit the proposal within the time allowed, Owner may unilaterally determine the amount due to Contractor because of the termination and pay the determined amount to Contractor.
Article 15. Dispute Resolution
15.1 Unresolved Contractor Disputes. To the extent that it is applicable, the dispute resolution process provided for in Tex. Gov’t Code, Chapter 2260, shall be used by Contractor to resolve any claim for breach of Contract made by Contractor that is not resolved under procedures described in these Uniform General Conditions or Owner’s Special Conditions of the Contract.
15.2 Alternative Dispute Resolution Process. Owner may establish a dispute resolution process to be utilized in advance of that outlined in Tex. Gov’t Code, Chapter 2260.
15.3 Nothing herein shall hinder, prevent, or be construed as a waiver of Owner’s right to seek redress on any disputed matter in a court of competent jurisdiction.
15.4 In any litigation between the Owner and the Contractor arising from this Contract or this Project, neither party will be entitled to an award of legal fees or costs in any judgment regardless which one is deemed the prevailing party.
15.5 Nothing herein shall waive or be construed as a waiver of the State’s sovereign immunity.
Article 16. Certification of No Asbestos Containing Material or Work
16.1 Contractor shall insure that Texas Department of State Health Services licensed individuals, consultants or companies are used for any required asbestos work including asbestos inspection, asbestos abatement plans/specifications, asbestos abatement, asbestos project management and third- party asbestos monitoring.
16.2 Contractor shall provide a notarized certification to Owner that all equipment and materials used in fulfillment of its Contract responsibilities are non-Asbestos Containing Building Materials (ACBM). This certification must be provided no later than Contractor’s application for Final Payment.
16.5 Contractor shall insure compliance with the following acts from all of his subcontractors and assigns:
Asbestos Hazard Emergency Response Act (AHERA—40 CFR 763-99 (7)); National Emission Standards for Hazardous Air Pollutants (NESHAP—EPA 40 CFR 61, Subpart M—National Emission Standard for Asbestos; Texas Asbestos Health Protection Rules (TAHPR—Tex. Admin. Code Title 25, Part 1, Ch. 295C, Asbestos Health Protection.
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Article 17 Miscellaneous
17.1 Owner’s Special Conditions. When the Work contemplated by Owner is of such a character that the foregoing Uniform General Conditions of the Contract cannot adequately cover necessary and additional contractual relationships, the Contract may include Owner’s Special Conditions that relate to the Project. In the event of a conflict between the UTUGCs and the Owner’s Special Conditions, the Owner’s Special Conditions will govern.
17.2 Federally Funded Projects. On Federally funded projects, Owner may waive, suspend or modify any Article in these Uniform General Conditions which conflicts with any Federal statue, rule, regulation or procedure, where such waiver, suspension or modification is essential to receipt by Owner of such Federal funds for the Project. In the case of any Project wholly financed by Federal funds, any standards required by the enabling Federal statute, or any Federal rules, regulations or procedures adopted pursuant thereto, shall be controlling.
17.3 Internet-based Project Management Systems. At its option, Owner may administer its design and construction management through an Internet-based management system. In such cases, Contractor shall conduct communication through this media and perform all Project related functions utilizing this database system. This includes correspondence, submittals, Requests for Information, vouchers or payment requests and processing, amendment, Change Orders and other administrative activities.
17.3.1 Accessibility and Administration.
17.3.1.1 When used, Owner will make the software accessible via the Internet to all Project team members.
17.3.1.2 Owner shall administer the software.
17.3.2 Training. When used, Owner shall provide training to the Project team members.
17.4 Right to Audit.
17.4.1 Contractor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office, Owner, any successor agency and their representatives, including independent auditors, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with any party conducting the audit or investigation, including providing all records requested.
17.4.2 Contractor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under this Contract funds were expended in accordance with the terms of this Contact, the requirements of Owner, and with the laws and regulations of the State of Texas including, but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Contractor shall maintain all such documents and other records relating to this Contract and Owner’s property for a period of four (4) years after the date of submission of a request for Final Payment or until a resolution of all billing questions, whichever is later. Contractor shall make available at reasonable times and upon reasonable notice and for reasonable periods all documents and other information related to the Work of this Contract.
17.4.3 Contractor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards.
End of Uniform General Conditions
47 ADDITIONAL GENERAL CONDITIONS (Revision Effective 09/01/2013)
FOR ALL
UNIVERSITY OF TEXAS AT AUSTIN PROJECT MANAGEMENT & CONSTRUCTION SERVICES DEPARTMENT
BUILDING CONSTRUCTION CONTRACTS
NOTE: These Additional General Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions and are the standard procedures and contract administration requirements of The University of Texas at Austin, Project Management & Construction Services Department, for all building construction contracts, unless further modified by the specific project Owner’s Special Conditions. They replace or are added to [if below indicated] the correspondingly numbered paragraphs of the Uniform General Conditions. The paragraphs and subparagraphs of said Uniform General Conditions not thus replaced continue in force, unaltered. Newly added numbered paragraphs below are added to the requirements of the Uniform General Conditions and are a part of the Contract Documents.
ARTICLE 1. DEFINITIONS
1.7 Close-out Documents… REVISE “…, record documents ...” to read “…as-constructed record documents…”
1.25 Owner: [Add the following] The agency for the State of Texas (Owner) for this project is The University of Texas at Austin.
1.26 Owner’s Designated Representative (ODR): [Add] Direction from the ODR shall be confirmed by the Contractor in written form.
1.46 [Add the following] Additional General Conditions: means the documents containing terms and conditions, which may be unique to The University of Texas at Austin. Additional General Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions.
1.47 [Add the following] Accident: means an undesired event or sequence of events that causes injury, ill-health or property damage.
1.48 [Add the following] Confined Space: means a space that is large enough and so configured that: An employee can bodily enter; Open top spaces more than 4’ deep; Has limited or restricted means for entry or exit (for example, tanks, vessels, vaults, pits); and, Is not designed for continuous occupancy (Re: 29 CFR 1910.146 and 1926.21).
1.49 [Add the following] Contract Administrator: means the PMCS representative that manages all phases of contracting on behalf of PMCS. This person ensures contract compliance with the administrative and contractual requirements of the contract.
UT Austin 090113 AGC-1 1.50 [Add the following] Construction: means to refer to Uniform General Conditions Section 1.44 “Work”.
1.51 [Add the following] Construction Coordinator: means the PMCS representative, designated in writing, responsible for monitoring the execution of the contracted work, including safety and health management of Contractor activities and for coordinating University work teams in support of the execution of work. The role of the Construction Coordinator is to act as the Project Manager’s (PM) “eyes and ears” in the field to ensure, by physical oversight, that the technical, safety, and environmental requirements specified in the contract are met by the Contractor.
1.52 [Add the following] Contractor Safety Report: means the Contractor will complete a daily site safety report for each of their projects. PMCS will issue a form for the purpose of this documentation or the Contractor may submit their report for acceptance by PMCS. The report will document observations made each day by their Superintendent, Project Manager or Certified Safety Technician/Professional. The report will be sent via electronic mail to all members of the project team at the completion of the week’s documentation with copies to the PMCS Construction Safety Coordinator and PMCS Construction Coordination Manager.
1.53 [Add the following] Imminent Danger means any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm. An activity or situation that is likely to result in serious injury, death, or significant environmental or property damage.
1.54 [Add the following] Incident: means an unintended and undesired event that results in (or has the potential to result in) any number of conditions such as injury or illness, death, environmental impact, or property damage.
1.54.1 Major Incident: means an unintended and undesired event that resulted in (or had the potential to result in) any number of conditions such as a life- threatening injury or illness, broken or severed bone(s), severe bleeding, loss of consciousness, electric shock, overexposure to heat or radiation, fall greater than four feet, explosion, hazardous material spill, or serious property damage.
1.54.2 Minor Incident: means cases involving no treatment, first aid injuries, or an incident that does not create lost workdays. Examples of these include paper cuts, minor scratches or abrasions, or system failures that have minor consequences, such as a low-pressure hose that ruptures and sprays cool water.
1.55 [Add the following] Job Hazard Analysis (JHA): means a process used for analyzing hazards an employee or Contractor faces and identifying measures to mitigate those hazards. Routine tasks are covered in a routine JHA. A task that is new or performed so infrequently it would not qualify as routine is covered by a non-routine JHA. Both must be completed before work begins by the employee’s supervisor or crew leader, The JHA must be discussed with all employees on the work team, signed by each employee on the work team, and a copy must be kept on site. Non-Routine JHA’s must be submitted to the PMCS Project Manager, Construction and the Safety Coordinator no less than 24 hours prior to the start of work. UT Austin 090113 AGC-2
1.56 [Add the following] Nonconformance: means failure to comply with policies, procedures, drawings, specifications, contract requirements, design standards, building codes, or federal, state, local regulations and statutes.
1.57 [Add the following] Competent Person: means the federal Occupational Safety and Health Administration (OSHA) defines a competent person as “one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.” (Reference OSHA)
1.58 [Add the following] Qualified Person: means a person who -- by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience -- has successfully demonstrated an ability and competence to solve or resolve problems relating to the subject matter and work.
1.59 [Add the following] Prime Contractor: means the Contractor named in the contract with PMCS. Prime Contractors are responsible for their own, as well as of their subcontractors, compliance with all safety, health, and environmental codes, standards, and regulations.
1.60 [Add the following] Project Manager (PM): means the PMCS representative with overall responsibility for a project. This person ensures the project is in compliance with all requirements and meets its goals including performance, schedule, budget, and safety. The Project Manager may also be referred to as the ODR.
1.61 [Add the following] Project Management and Construction Services (PMCS): means one of the UT organizations responsible for managing and executing renovation construction projects.
1.62 [Add the following] Safety Coordinator: means the individual within PMCS primarily responsible for oversight of construction safety.
1.63 [Add the following] Safety Plan / Manual: means the Contractor Safety Plan is a general safety document, required by OSHA, governing the Contractor’s approach to safety and work practices for the trades the Contractor employees will be using. Contractors are required to submit a current Safety Plan compliant to the following: (via electronic mail?)
1.64 [Add the following] OSHA General Industry Standards: means 29 CFR 1910: See Appendix II for a listing. (Details of the standards can be accessed at http://www.osha.gov):
1.65 [Add the following] OSHA Construction Safety Standards: means 29 CFR 1926: See Appendix II for a listing. (Details of the standards can be accessed at http://www.osha.gov)
UT Austin 090113 AGC-3
1.66 [Add the following] Safe Work Practices: means 29 CFR 1926.21(b)(2) requires employers to instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.
1.67 [Add the following] Subject Matter Expert (SME): means staff possessing special expertise, for example: industrial hygiene, confined space entry, Civil/Mechanical/Electrical engineer, Architect, or asbestos/lead abatement consultant/personnel.
1.68 [Add the following] UT Fire Prevention Services: means the jurisdiction having authority for oversight of fire code compliance by conducting plan and specification reviews and on-site inspections.
1.69 [Add the following] UT Environmental, Health, and Safety (EHS): means the University EHS Division responsible for providing services that promote safe and compliant facilities and ensure environmental quality for the University.
1.70 [Add the following] Work Area: means an area where some level of hazard may exist, such as moving machinery, noise, high voltage, or hazardous materials/waste. Includes all areas within the limits of construction otherwise identified as the construction zone and any staging or storage areas assigned to the project.
ARTICLE 2. WAGE RATES AND OTHER LAWS GOVERNING CONSTRUCTION
2.2 Wage Rates:
2.2.1.1 [Add] The Contractor shall be prepared to submit each worker’s notification and / or certified payroll statements if requested by the Owner. On all federally funded projects, using Davis Bacon Wage Rates, weekly payrolls are required to be submitted. See the project Owner’s Special Conditions Article 2, to determine if the project requires compliance with the Davis Bacon Act. Also see Paragraph 2.2.5 of these AGC’s (below).
2.2.4 [Add the following] OWNER’S PREVAILING WAGE RATE DETERMINATION
2.2.4.1 In accordance with the UGC, the Prevailing Wage Determination schedule shown below in paragraph 2.2.4.8 identifies the UT System Prevailing Minimum Wage Rate determination for Travis County.
2.2.4.2 The Owner may verify wage rate compliance in the field by interviewing workers. The Contractor shall assist the Construction Coordinator with this task, including providing translation for non-English speaking workers.
UT Austin 090113 AGC-4
2.2.4.3 The University of Texas at Austin is the contracting agency for this construction project. The following statute requires the contracting agency to specify the generally minimum rates of wages in contracts that are bid.
Government Code 2258 “Construction of Public Works in State and Municipal or Political Subdivisions; Prevailing Wage Rates to be maintained” and The Uniform General Conditions for University of Texas System Building Construction Contracts
2.2.4.4 Pursuant to the requirements of this statute, we have determined that the following rates of wages indicated in 2.2.4.8, are to be paid to various classifications of workers in the locality of this project.
2.2.4.5 Total hourly compensations to each worker must equal or exceed the minimum wage rates stated in the Wage Table in 2.2.4.8. Contributions by a worker toward health, pension, vacation, and the like are part of the worker’s pay; contributions by the employer are not. Any dollar amounts shown in columns for health, pension, and vacation may be paid either in cash or in kind. Workers in classifications where rates are not identified shall be paid not less than the general minimum rate of “laborer” for the various classifications of work therein listed.
2.2.4.6 All hours of work over 40 hours per week are overtime and will be compensated at the rate of 1 and ½ times the regular wage.
2.2.4.7 Trainees/helpers, where not otherwise specified above, may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but a rate not less than 60% of the journeyman’s wage or less than the Laborers (General) rate. At no time shall a journeyman supervise more than two of apprentices, trainees or helpers. All apprentices/trainees/helpers shall be under the direct supervision of a journeyman working as a crew.
2.2.4.8 The following wage rates are to be used for all projects at The University of Texas at Austin located in Travis County, Texas.
UT Austin 090113 AGC-5 PREVAILING WAGE DETERMINATION TRAVIS COUNTY AUSTIN AREA
The University of Texas System Office of Facilities Planning And Construction
DATE of Survey: December 31, 2009 CONSTRUCTION BUILDING TYPE: TRAVIS COUNTY AREA: AUSTIN, AREA BUILDING CONSTRUCTION TRADE PREVAILING CLASSIFICATION WAGE RATE
Carpenter $15.75 Concrete Finisher $14.00 Data-comm/Telecom $13.00 Drywall/Ceiling Installer $14.00 Electrician $17.98 Elevator Mechanic $21.89 Fire Proofing Installer $12.50 Flooring Installer Glazier $16.00 Heavy Equip Operator $13.56 Iron Worker $13.50 Laborer $10.00 Lather/Plasterer $15.00 Light Equip Operator / Driver $12.88 Mason/Bricklayer $19.25 Painter/Wall-cover $13.00 Pipefitter $17.50 Piping/Ductwork Insulator $16.25 Plumber $17.50 Roofer $12.81 Sheet-metal Worker $19.44 Sprinkler Fitter $15.04 Tile Setter $12.25 Water-proofer $12.00
(1) Wages shown are for entry level, minimum wages for each classification and do not include fringe benefits.
(2) Unlisted classifications needed for work not included within the scope of the classifications listed may not be added after award. The job classifications are not inclusive of all possible trades on the construction project.
(3) It is the responsibility of the Contractor to classify the worker in accordance with the published classifications, and demonstrate that workers are paid commensurate with determined rates. UT Austin 090113 AGC-6
2.2.4.9 All other projects administered by and for The University of Texas at Austin, but located outside of Travis County, shall use the corresponding “Davis Bacon” Wage Rates as discussed in Paragraph 2.2.5 of these AGC’s. This includes projects located at The Marine Science Institute located in Port Aransas, Nueces County, Texas; projects at The McDonald Observatory located near Fort Davis, Jeff Davis County, Texas; projects at the Winedale Historical Complex in Fayette County, Texas; and projects at various other Counties within Texas. Even-though the above “non-Travis County” projects are required to use the most current Davis Bacon Wage Rates, weekly payrolls will not be required UNLESS the projects are federally funded. (See requirements in Paragraph 2.2.5 of these AGC’s). The Contractor shall obtain the latest related wage determination from the Davis Bacon web site as of the bid date of the project and shall submit to the owner the wage determination with the execution of the contract (if they are the selected / awarded Contractor).
2.2.5 [Add the following] Projects, where funding is solely or partly from federal funds or federal grants, shall require the Contractor to use the Davis Bacon “Wage Determinations On Line.gov” for the County of the location of the project, in lieu of the above-referenced table for Travis County. The Contractor shall obtain the latest related wage determination from the Davis Bacon web site as of the bid date of the project and shall submit to the owner the wage determination with the execution of the contract (if they are the selected / awarded Contractor). The web page address is:
http://www.wdol.gov/dba.aspx#0
These requirements include all requirements of the Davis Bacon procedures including submission of weekly payroll statements, etc.
2.2.5.1 PROJECTS THAT INCLUDE FEDERAL FUNDING AND THEREFORE REQUIRE ADHERANCE TO THE ABOVE DAVIS BACON WAGE DETERMINATIONS SHALL BE INDICATED IN THE INDIVIDUAL PROJECTS OWNER’S SPECIAL CONDITIONS PARAGRAPH 2.2.5.2.
NOTE: IN JOB ORDER CONTRACTING (JOC) PROJECTS NOT HAVING OWNER’S SPECIAL CONDITIONS, THE DETERMINATION IF FEDERAL FUNDING APPLIES, MAY BE STATED IN THE REQUEST FOR PROPOSAL.
2.2.5.2 (SEE OWNER’S SPECIAL CONDITIONS FOR DAVIS BACON REQUIREMNT STATEMENT)
UT Austin 090113 AGC-7 ARTICLE 3. GENERAL RESPONSIBILITIES OF OWNER and CONTRACTOR
3.1.1 Preconstruction Conference:
3.1.1.1 [Add] The Architect / Engineer may call for a Preconstruction Conference. At, or prior to the Preconstruction Conference, or no later than fourteen [14] calendar days after receipt of the Notice to Proceed, the Contractor shall present to the Architect / Engineer for his approval: the Work Progress Schedule; name and experience of the Project Superintendent; equipment proposed; contract price breakdown and schedule of values; materials storage requirements; parking requirements; utility requirements; and all safety related submissions (not previously required).
3.3.8 Subcontractors:
3.3.8.2 [Add] As soon as practicable after the notice of Intent to Award, and before the execution of the Contract, the Respondent to be awarded the contract shall submit to the Owner and Architect / Engineer for approval, a list of all subcontractors that the respondent and/or their major subcontractors propose for the construction of the project.
ARTICLE 5. BONDS AND INSURANCE
5.1 Construction Bonds:
5.1.10 [Add paragraph] Time for Bond Submissions: Performance and Payment Bonds shall be submitted by the Contractor to The University of Texas at Austin, Project Management & Construction Services Contract Administrator at the same time which the executed contract is due back to the Contract Administrator as indicated in the Proposal and as follows. Completed Bonds shall be received within SEVEN (7) CALENDAR DAYS after receipt of the Contract by the Contractor (unless a different number of days is specifically indicated for the project). No contract will be signed without the Owner having received the executed Bonds.
5.2 Insurance Requirements: [Add the following] Certificates of insurance shall be submitted by the Contractor to The University of Texas at Austin, Project Management & Construction Services Contract Administrator at the same time which the executed contract is due back to the Contract Administrator as indicated in the Proposal and as follows. Completed insurance certificates shall be received within SEVEN (7) CALENDAR DAYS after receipt of the contract by the Contractor (unless a different number of days is specifically indicated for the project). No contract will be signed without the Owner having received the executed insurance certificates. The name of the project, project number, contract number, and other information shall appear on each insurance certificate along with expiration date of each policy as may be required by the Owner.
5.2.2.1.3 [Add to this paragraph] This insurance is only required if the project scope includes the abatement of asbestos containing materials. If required, the insurance may be furnished by the abatement subcontractor with the Contractor and Owner listed as additional insured’s. UT Austin 090113 AGC-8 ARTICLE 6. CONTRACT DOCUMENTS
6.1.1 Copies furnished: [Add the following] The Contractor shall be furnished, if requested, ten (10) complete sets of drawings and specifications after the award and execution of the contract at no expense to the Contractor. If the Owner has additional sets returned, or sets not used from the bidding process after internal distribution, those will be made available to the Contractor, if needed.
6.1.4 [Add] Field measurements govern over small-scale drawings.
6.1.7 [ADD this paragraph] Original Drawings and Specifications: The original drawings and specifications of existing buildings may be available to the Awarded Contractor. Contact the Project Manager to arrange their review. Owner does not warrant or make any representations as to the current accuracy, suitability or completeness of this information furnished to Contractor by Owner or its representatives.
6.2.4 [Revise this paragraph] Prior to requesting Substantial Completion Inspection, or no later than submittal of final pay application, Contractor shall furnish for review and approval by the ODR and AE a complete set of “marked-up Record Documents” plans and specifications that reflect all changes to the contract documents [these documents may be annotated by hand or corrected by CAD (preferred) but must be clearly legible]. Concurrently with furnishing these record drawings, furnish: a preliminary copy of each instructional manual, maintenance and operating manual(s); parts catalog; wiring diagrams; spare parts; specified written warranties and like publications; parts for all installed equipment, systems, and like items and as described in the Contract Documents. All items identified in this section shall be scanned and submitted on a CD/DVD, as required by the Contract Documents.
6.2.4.1 [Add] Prior to Substantial Completion Inspection, Contractor must complete and furnish to ODR and AE the Equipment Add-Update-Retire Form (formerly the Equipment Add-Delete-Modification Log), documenting all equipment they have added (installed), retired (demolished), abandoned (left in place but no longer operable), or updated throughout the project. (Format of this form shall be furnished to Contractor.)
6.2.4.2 [Add] Prior to submittal of final payment application, Contractor must submit warranty information; Contractor Affidavit of Bills Paid; Consent of Surety for Final Payment; evidence that all keys have been returned to the Lock and Key Shop; O&M Manuals; other Final Submittals required by Contract Documents; unused allowance; pending Change Orders; and a notarized Certificate of ‘No Asbestos Containing Materials or Work’ per UGC Article 13.7.
6.2.5 [Revise the paragraph] Once determined acceptable by Paragraph 6.2.4, Contractor shall provide --in electronic format as specified herein -- all Instructional, Operating and Maintenance manual(s); approved submittals; approved shop drawings; warranties; certificates; test reports; record documents; Equipment Add-Update-Retire Forms (formerly the Equipment Add-Delete- Modification Log), and other items as required by the Contract and Paragraph 6.2.4 above. UT Austin 090113 AGC-9
6.2.5.1 [Add] All small format (11”x17”) or smaller photographs, cut sheets, sketches, instructions, diagrams and graphical literature, shall be scanned at a resolution of at least 300 DPI to produce sufficient quality to allow zoom features and readable prints. Color charts or other documents where color is required to convey full information, shall be scanned in color. Color line drawings shall be scanned at 200 DPI to avoid excessive file size.
6.2.5.2 [Add] All documents shall be scanned into a single file in current version of Adobe PDF with expandable indexed file structure organized according to CSI format and bookmarked to at least Division and Section level and searchable by keyword.
6.2.5.3 [Add] Proper labeling must appear on the disk and jewel case to include the Owner’s name (The University of Texas at Austin); project number (CP number); project title; contents of the CD/DVD (O&M Record Documents Div 1-12 as an example); the sequence number of the disk, if part of a multi-disk set (i.e. DVD 1 of 3); and the archive date. CD/DVD labels must not be adhesive labels which can eventually delaminate and “gum up” a reader mechanism.
ARTICLE 7. CONSTRUCTION SAFETY
7.1 General: [Revise second sentence to read] The Contractor shall submit their Company Safety Manual and prepare a Safety Plan (or Site Health and Safety Plan) specific to the project and submit to the ODR and AE at the Pre-construction Conference or two (2) calendar days prior to commencing work, if there are identified risks for the project in the opinion of the ODR.
7.4.2 [Revise first sentence to read] Supply ODR, A/E, Project Manager and Safety Coordinator with an Incident report no later than twenty-four (24) hours after the occurrence of the event.
7.7 [ADD this section and subsequent subsections] The University of Texas at Austin Specific Safety Requirements:
7.7.1 Purpose: To ensure that contracted construction work is completed in compliance with Occupational Safety and Health Administration (OSHA) and industry standards. Safety compliance shall be considered at all phases of contracted construction work performed for the University of Texas at Austin (UT) Project Management and Construction Services (PMCS). Contracted personnel and their subcontractors at all tiers shall be fully aware of their legal and contractual responsibility to prevent occupational accidents and injuries.
UT Austin 090113 AGC-10
7.7.2 Standards & References: The following standards or references apply to all construction work performed for PMCS:
Title 29, Code of Federal Regulations, “Labor” Part 1904, “Record Keeping” Part 1910, “Occupational Safety and Health Standards” (29 CFR 1910) Part 1926, “Safety and Health Regulations for Construction” (29 CFR 1926)
“The Contractor’s Guide to Working Successfully at the University of Texas at Austin”, 2012 “The Current Uniform General Conditions for University of Texas System Building Construction Contracts”
7.7.4 (Not Used)
7.7.5 Requirements:
7.7.5.1 Safety Plan / Manual: An OSHA approved Safety Plan is a written document that describes the process for identifying the physical and health hazards that could harm workers, procedures to prevent accidents, and steps to take when accidents occur. OSHA recommends that each written plan include the following basic elements: . Hazard Communication (29 CFR 1910.1200 (e)- Chemical worker right-to-know plan; . Emergency Action Plan and Fire Prevention Plan (29 CFR 1910.38 and 29 CFR 1910.39)) . Bloodborne Pathogens Exposure Control Plan (29 CFR 1910.1030 (c)) . HAZWOPER Safety and Health Plan (29 CFR 1910.120 (b)) . Respiratory protection; Contractor issued permits for Confined Space Work and Lock Out/Tag Out of Energized Systems; Process Safety Management; Construction Fall Protection; Construction Trenching and Excavations. . The University of Texas at Austin requires scanning using Ground Penetrating Radar prior to coring, drilling or saw cutting concrete to document locations of rebar, conduit and beams. Contractor must refer to project specifications and plans prior to proceeding with work of this nature or secure specifications from the Structural Engineer of record. . The University of Texas at Austin further requires a general safety document governing a Contractor’s approach to safety and work practices for the trades and work activities the Contractor employees will be using while under contract to PMCS. The Contractor must include a ‘Shelter–in-Place Response Plan outlining how they will report emergencies; the person in their project team who will receive Emergency Text Messages from UTPD; Flow of Information to and from PMCS PM & Coordinator; Getting the word out to subcontractors and
UT Austin 090113 AGC-11 workers; Accounting for whereabouts and safety of their personnel; how they will Secure Site Perimeter; Securing Personnel in designated sheltered place location; and identification of key leadership who will be responsible for implementing the plan and training others. The Site Safety Plan must include the procedures, Recordkeeping and Reporting, Policy or goal statement, List of responsible persons, Hazard identification, Hazard controls and safe work practices, Emergency and accident response; Employee training and communication and must demonstrate compliance to 29 CFR, OSHA 1910 and 1926 Occupational Safety and Health Statutes.
7.7.5.2 Planning: Safety requirements and controls shall be part of the project planning process from inception. How the Contractor is expected to demonstrate compliance to these requirements is documented through a series of documents required by PMCS, described below as contract deliverables. These documents are intended to ensure the Contractor has an OSHA compliant Safety Manual, a Site Safety Plan which is project specific, employs qualified and competent personnel, and that they fully understand the risks and hazards associated with the work to be performed at UT.
7.7.5.2.1 Contractor Reporting of Safe Work Practices: Each industry recognized shift that work is accomplished by the Prime Contractor, the prime will be responsible for having site observations of each trade accomplished by one of the following personnel in their employment: their Project Manager; Project Superintendent; or, their certified Safety Technician or Safety Professional. PMCS will provide a form for this purpose and the report must be submitted once a week for work accomplished the previous week. Copies of the reports must be distributed via electronic mail to the PMCS Project Manager; Project Construction Coordinator; the PMCS Safety Coordinator and the Manager of Construction Coordination for PMCS. Each time the Contractor performs work that requires locking out an energized system, the Contractor must take a date and time stamped photo of their Lock Out Tag Out and submit these photos to the same PMCS personnel identified for weekly safely reports.
7.7.5.2.2 Job Hazard Analysis and Job Briefings: The Job Hazard Analysis and Job Briefing Process (OSHA Publication 3701) is intended to provide advance planning of project and site specific safety controls, PPE assessments, hazard identification and mitigation strategies, key Points of Contact, and emergency response information for a particular project, job or task.
UT Austin 090113 AGC-12 7.7.5.2.2.1 Performing Job Hazard Analysis (JHA) is critical to emergency planning, defining safety controls, selecting PPE, identifying hazards of the job or task, and communicating the information to all affected workers. There are two types of JHA’s that may be performed: The Routine Job Hazard Analysis and Job Briefing form; and The Non-Routine Job Hazard Analysis and Job Briefing form.
7.7.5.2.2.2 Routine JHA’s shall be prepared by the Contractor as follows below. Non-Routine JHA’s, Rope- Access Work Plan/JHAs, Incidental, Medium, Heavy, and Critical Lift Plans, Trenching Plans shall be submitted to the Construction Coordinator and Project Safety Coordinator for review 5 Work days prior to starting the task: Prior to the start of any on-site work; Before initiating any new phase or task; and Before modifying an existing phase or task resulting in a change in hazards JHA must be reviewed, acknowledged, and signed by all affected workers with completed and signed copies retained by the Contractor on the construction site.
7.7.5.2.2.3 Additional project safety requirements shall be addressed using the following documents; Excavation/Trenching Plans, Rope-Access Work Plan/JHA and Routine Job Hazard Analysis, Non- Routine Job Hazard Analysis and Incidental, Medium, Heavy and Critical Lift Plans. The Contractor shall train their employees and subcontractors in the contents of the Article 7, Construction Safety and the project specific Site Safety Plan,. The training shall be documented and made available to PMCS upon request.
7.7.5.2.3 Permits (Authorizations)-To-Work (Confined Space, Welding/Cutting Hot work, Electrical Hot Work) Permits to work in Confined Space; performing Hot Work; Lock out tag out of energized systems or welding/cutting requires the Contractor to issue their HOT WORK PERMIT and to post it visibly on the project site. The Contractor must also complete the appropriate Job Hazard Analysis for the work that will be performed. These work tasks must be discussed prior to scheduling as part of the project weekly meeting to verify proper University of Texas approval has been secured (Fire
UT Austin 090113 AGC-13 Protective Services/Fire Safety Services Shop, Utility Department, Zone Shop and Building Management). Permits must clearly note the Date, Capital Project number, Specific location and floor including applicable room numbers; The Description of work being performed; the name of the person/company performing the work; and it must be signed off by the Prime Contractor. The permit must have a start date and time and an expiration date and time for the permit.
7.7.5.3 Site Control, Signage and Access:
7.7.5.3.1 Access to Construction Sites: The Project Manager and Contractor will define who is authorized to enter the construction site. Other personnel desiring access to a construction area must do the following: Except for emergencies, obtain approval to enter the construction premises from the Contractor’s Superintendent, the PMCS Project Manager, Construction Coordinator or emergency personnel.
Obey all safety regulations and signs, wear appropriate Personal Protective Equipment (PPE) comparable to the PPE requirements for workers on the project, and follow special instructions.
7.7.5.3.2 Minimum Project Signage: All construction projects at UT shall include the following signage and tags as a minimum:
7.7.5.3.2.1 Project and safety signs shall be placed at each project entrance, in hallways/corridors, mechanical rooms, electrical rooms, fenced parking and storage areas that includes: the Contractors company name/logo, building/project number, project description (include job site location (floor, room number, etc.), Contractor’s point of contact/after hours/emergency numbers, UT Police Department emergency contact numbers. Interior project information signs shall be a minimum of 11” X 17” and of a water resistant material. Exterior project information signs shall be a minimum of 24” X 24” and of a waterproof material.
UT Austin 090113 AGC-14 Company Name/Logo
Building Name/Capital Project No: XXX‐CPXXXXXX Project Description/Title Start Date: Finish Date:
Architectural firm name:
Contractor Name PM/Super: phone XXX‐XXX‐XXXX PMCS Contact No.: 512‐471‐3042 Emergency No.: UT Police Dept.: 512‐471‐4441 or 911 from a building landline
Emergency After Hours: 512‐471‐2020
In addition, the following signage shall be posted along with other special notifications and PPE requirements that the Contractor has determined to be required from their OSHA required hazard analysis and PPE assessments. Note: All safety signs shall be OSHA approved formats.
To be posted at the entrances of the site and every 50 feet around the fenced perimeter.
To be posted at the site entrance.
To be posted at the site entrance.
To be posted any time personnel are working aloft and placed on barricades to provide notice to pedestrians.
To be posted at the site entrance. UT Austin 090113 AGC-15
To be used on scaffolds (excluding Baker scaffolds) and special equipment requiring inspections.
Anyone of these signs, as appropriate, shall be placed at switches and breaker panels (Main points of feed) and used with “Lock-Out” tag below along with lock-out device on all energized systems. If breakers are altered or disconnected, a tag/notification indicating “Out of Service” (by breaker number) shall be posted on the breaker panel.
Standard “Lock-Out” Tag or equivalent.
To be used at energized open panels, troughs and switches along with barricades, cones, plastic chain or danger tape to inform unqualified persons of the hazard. Note: all exposed wires shall have wire nuts installed and placed within the
UT Austin 090113 AGC-16 junction box at all times while unattended. If testing circuits, hang tags (“Live Wire” & “Testing in Progress”) at all points of exposed wiring, panels, troughs and switches. A minimum of 36” clearance shall be maintained at all times. For circuits that must remain energized at all times or provide electrical service to areas outside of the construction zone, then hang a “Do Not Open” tag and list the breaker(s)/circuit number(s).
Right and Left
To be used in corridors, hallways, sidewalks or areas where visitors, students, staff and faculty of The University may be working near or passing within close proximity of a construction zone.
7.7.5.4 Observations: Throughout all phases of construction, PMCS personnel overseeing the Work being performed by the Contractors and their subcontractors will monitor field activities on a regular basis to ensure that work is being conducted in a safe and compliant manner.
7.7.5.4.1 Observations by UT EHS and Fire Protection Services may take place at any time to ensure compliance with applicable codes, standards, and regulations.
7.7.5.4.2 The PMCS PM, Construction Coordinator or Safety Coordinator will formally notify the Contractor of any deficiencies and verify that appropriate corrections are made. A Nonconformance, Preventative, and Corrective Action reporting and tracking procedure will be implemented.
7.7.5.4.3 Safety Inspections: The OSHA standards require the Contractor: to perform daily inspections of activities, equipment and work site; to ensure that the Contractor and their subcontractor employees are working within identified controls and have effectively controlled immediate hazards; and are wearing appropriate PPE. Contractor will be required by The University of Texas at Austin to submit the results of their daily inspections to the Project Manager, the Construction Coordinator and the Safety Coordinator each week via electronic mail.
UT Austin 090113 AGC-17 7.7.5.4.3.1 The Contractor’s competent person shall conduct regular inspections of the work place and maintain a documented system certifying compliance with Contractor defined safe work practices and safety manual. For example, the scaffolding inspection entries section on Contractor-supplied scaffold tags should include evidence of daily inspections and/or configuration change approvals. Other areas of inspection may include rigging inspections, fall protection equipment, Lock- out/Tag-out, confined space, Contractor issued Permits-to-Work, forklifts, heavy equipment, equipment and tools. Contractors shall provide emergency response/egress planning; properly inspected first-aid kits and assure that fire extinguishers are available for their work teams within the designated OSHA distances. 7.7.5.4.3.2 When hazards are identified and when immediate corrective action is not possible: The affected workers must be notified, Warning signs posted, and Interim control measures established to guard against the hazards. 7.7.5.4.3.3 All inspections, findings, and corrective measures must be documented and kept onsite for review.
7.7.5.5 Performance Based Safety and Escalated Notice of Noncompliance: A defined process for the Escalation of Notice of Noncompliance, defined in Appendix I, will be implemented to ensure performance based compliance with safety provisions and reduce the frequency of safety violations and accidents. 7.7.5.5.1 Repeated safety or health violations will become a matter of record and will be part of the evaluation of Contractor bids on future awards.
7.7.5.6 Unsafe Activities or Conditions: PMCS management has granted authority to its staff to stop an unsafe activity or condition and redirect the Contractor to work in a non-hazardous area until such time as the Contractor abates the hazard. Hazards must be abated as soon as possible after they have been identified. Imminent-hazard activities must be stopped and corrected immediately.
7.7.5.7 Injuries, Incidents, Equipment Damage: In the event of all injuries, incidents, or accidents that involve any individual, equipment, property or bystander on or near the Work, the Contractor shall notify the PMCS Project Manager, the Construction Coordinator, and the Safety Coordinator immediately and follow-up the verbal report with the written Contractors First Report of Injury and the PMCS required Incident Reporting and Investigation form within twenty-four (24) hours of the
UT Austin 090113 AGC-18 event. The Contractor shall post the following signs at the job site to reinforce incident and unsafe condition reporting requirements:
7.7.5.8 Job Site Binder: Safety related documentation for construction work shall be retained in a job site Binder. The Binder may include and not limited to the following documents: The Contractor Safety Manual & Site Safety Plan Job Hazard Analysis (JHA) and Job Briefing Sheets Excavation/Trenching Plans Incidental, Medium, Heavy and Critical Lift Plans Rope Access Work Plan and JHA Safety/Daily Inspection Logs (completed by Contractor) Contractor training records Project Roster; Contractor and Subcontractor Emergency Contact Information (Daytime and After Hour phone numbers) Material Safety Data Sheets
7.7.5.9 Equipment: Contractors shall: Ensure the safety of their equipment by implementing an equipment inspection scheme; Shall not use shop made or special tools and equipment unless supplied by a sketch or drawing that is stamped/signed by a Professional Engineer (PE); and Shall not use or alter tools and equipment beyond the manufacturer’s recommendations unless approved by the manufacturer or a PE.
7.7.5.10 Contractor Personnel:
7.7.5.10.1 Qualifications: Contractors are responsible for ensuring that all workers on-site are trained and qualified according to federal and state requirements. When contracted personnel arrive on-site, they must: Be equipped with the proper PPE and tools to safely perform their work. 7.7.5.10.1.1 For contracted work when OSHA requires a competent person, the Contractor will designate such an individual in writing and be prepared to demonstrate to the PMCS PM the basis for the individual’s competency. The following, but not limited to, are activities that typically require a competent person:
UT Austin 090113 AGC-19 Superintendent or designated Safety Officer Excavation Scaffold erection (This must have a qualified scaffold erector to assemble, inspect, disassemble or modify any scaffolding) Fall protection Confined space entry Respiratory protection Hoisting and rigging Rope Access; and Equipment Operators.
7.7.5.10.2 Identification and Badging: All job-site personnel or visitors shall openly display photo identification or Contractor issued visitor badge.
7.7.5.11 Personal Protective Equipment: PMCS requires the following PPE to be worn by all parties entering a construction site at all times: Hard hat, appropriately tinted safety glasses (clear for indoors and tinted/or clear for outdoors), skid resistant and/or closed or steel toe safety shoes, construction vest for outdoor construction sites, appropriate clothing, and a photo identification badge. The Contractor is responsible for enforcing these requirements at all times.
7.7.5.11.1 The minimum requirements for all parties entering a construction site are the following: Hard Hat (ANSI Z89.1-2003) Non Skid Safety shoes and/or Safety-toe shoes (ASTM F2412-2005 and F2413-2005) Protective eyewear (ANSI Z87.1-2003) Safety vest (class 2 or class 3, ANSI/ISEA 107-2004) for outdoor construction projects with heavy equipment. Work shirt (long or short sleeve and work pants (long). Garments must be free of writing that could be construed as offensive or inappropriate.
7.7.5.11.2 Other PPE requirements apply based on the Contractor hazard assessment of the project and work areas. PPE requirements will be documented in the task-specific JHA and posted at the job site using OSHA approved signs and symbols.
UT Austin 090113 AGC-20
7.7.5.12 ROLES AND RESPONSIBILITIES
7.7.5.12.1 Project Management and Construction Services (PMCS): Project Managers and Construction Coordinators oversee the Contractor construction work performed at UT.
7.7.5.12.2 Safety Coordinator: The Safety Coordinator is responsible for: Reviews the Contractor’s required safety manual, Site Health and Safety plans and associated documentation; Reviewing specific Contractor safety-related submittals; Oversees safety, and environmental compliance aspects of all PMCS projects (excluding those managed by Construction Services); Participates in stop activity determinations; and maintaining the incident reporting investigation and behavior based safety observation database for construction projects.
7.7.5.12.4 UT Fire Prevention Services: The UT Fire Prevention Services is the authority having jurisdiction.
7.7.5.12.5 PMCS Contract Administrator: The PMCS Contract Administrator is the legal representative for PMCS contract issues.
7.7.5.12.6 PMCS Project Manager: The PMCS Project Manager is the Owner’s Designated Representative (ODR) and has the responsibility for general administration of the contract. The PMCS Project Manager is the primary point of contact between UT PMCS and the Contractor.
7.7.5.12.7 PMCS Construction Coordinator: The role of the Construction Coordinator is to act on behalf of the Project Manager in the field to ensure by physical oversight that the technical and safety requirements specified in the contract documents are met by the Contractor.
7.7.5.12.8 Contractor: Contractors are responsible for the safety of their workers, their subcontractors, job site visitors and for meeting all requirements of the contract. The Contractor shall assure that all workers on the site are qualified and competent (as defined by OSHA) to perform the duties of the job as assigned.
7.7.5.13 Training: The Contractor’s Project Managers and Superintendents shall have completed OSHA 30 hour training and submit evidence of the training to PMCS prior to the issuance of a Notice to Proceed.
UT Austin 090113 AGC-21
7.7.5.13.1 Site-Specific Safety Orientation: The UT Project Manager will coordinate a site-specific safety orientation and review of safety requirements at the pre-proposal and pre-construction conferences.
7.7.6 Appendices:
Appendix I, Escalated Notice of Noncompliance Procedure
Appendix II, Tables of 29 CFR OSHA 1910 & 1926 Occupational Safety and Health Standards
7.7.7 Available Forms for Contractor Use (request from the Project Manager or Safety Coordinator):
Contractor Safety Assessment Form
Job Hazard Analysis Training Guideline
Routine Job Hazard Analysis and Job Briefing Form
Non-Routine Job Hazard Analysis
Rope Access Work Plan and Job Hazard Analysis Form
Incidental, Medium, Heavy and Critical Lift Plan Documents
Contractor Incident Reporting and Investigation Form
Nonconformance, Preventative, and Corrective Action Procedure and Form
UT Austin 090113 AGC-22 Appendix I
Escalated Notice of Noncompliance Procedure (Flow Chart)
Start Nonconformance Contractor/Subcontractor Procedure Contractor Receives “Notice” From Regulator & Fwd’s to PMCS PMCS Identifies Contract Nonconformance Via Observations
On-The-Spot Stop Safety Coordinator Corrective Action Yes Verified?
No Initiate NCR And Recurring major and/or Project NCR Log IDLH N/C Issue? Form No: Yes Form No:
Project Manager Fwd NCR to Contractor
Performs Root Cause Contractor/Subcontractor Analysis Preventative Action Within 7 Calendar Days
C/A Received Yes And Stop Project Manager Accepted? Safety Coordinator No
1st Notice
nd 1st 2 Notice 3rd Notice Warning Project Manager Local nd 2 Warning 3rd Warning Form No: CEO/President Insurance & Bonding Co. Form No:
Form No:
Contractor/Subcontractor Resolves Issue And/Or Appeals
UT Austin 090113 AGC-23
Company Name Address City, State, Zip
Subject: Notice of Contract Non-Compliance Capital Project No.: Project Name:
Dear (Company Project Manager):
Pursuant to Article 7: Construction Safety of the Uniform General Conditions (09/01/2013) and Article 7 of the Additional General Conditions (090113), a Notice of Non-Conformance was issued on the project site to your site Superintendent, ______(name) on ______(date), by the Safety Coordinator for Project Management and Construction Services (PMCS) at The University of Texas at Austin. To date, there has not been consistent and sustained compliance with the areas cited and additional notice was provided to your site Superintendent, ______on ______(date). The specific areas of non-compliance are listed below.
Non-Compliance Items:
* * *
Your construction contract with the University of Texas at Austin, Project Management and Construction Services, requires your conformance to all State and Federal laws and to The University of Texas at Austin safety requirements as identified in your contract documents. The violations identified above require immediate and sustained corrective action on your part. Failure to comply within ______working calendar days, and to maintain a safe worksite throughout the balance of this project, may result in further action on the part of the PMCS Contract Manager which may include notification of non- compliance to your insurance and bonding carriers as well as any and all remedies available pursuant to Article 14 of the Uniform General Conditions which may include Suspension of Work for Cause or Termination by Owner for Cause.
Should you have any questions regarding this notice, please contact ______(name and title) at (512) ______Monday through Friday between the hours of 7:30 A.M. and 4:00 P.M.
Sincerely,
Signature
Attachment: Copy of Non-Conformance Reports Company Name Certified Mail, Return Receipt Requested Address Certified Mail No: City, State, Zip
UT Austin 090113 AGC-24
Subject: Second Notice of Contract Non-Compliance Capital Project No: Project Name:
Dear (Company Contract authority):
Pursuant to Article 7: Construction Safety of the Uniform General Conditions (09/01/2013) and Article 7 of the Additional General Conditions (090113), a Notice of Non-Conformance was issued on the project site to your site Superintendent, ______(name) on ______(date), by the Safety Coordinator for Project Management and Construction Services (PMCS) at The University of Texas at Austin. A letter of Non-Compliance was issued to your Project Manager, ______, on ______(date) To date, there has not been consistent and sustained compliance with the areas cited and an additional notice was provided to your site Superintendent and Project Manager, ______on ______(date). The specific areas of non-compliance are listed below.
Non-Compliance Items:
* * *
Your construction contract with the University of Texas at Austin, Project Management and Construction Services, requires your conformance to all State and Federal laws and to The University of Texas at Austin safety requirements as identified in your contract documents. The violations identified above require immediate and sustained corrective action on your part. Failure to comply within ______working calendar days, and to maintain a safe worksite throughout the balance of this project, may result in further action on the part of the PMCS Contract Manager which may include notification of non- compliance to your insurance and bonding carriers as well as any and all remedies available pursuant to Article 14 of the Uniform General Conditions which may include Suspension of Work for Cause or Termination by Owner for Cause.
Should you have any questions regarding this notice, or you feel this notice was issued in error, please contact ______(name and title) at (512) ______Monday through Friday between the hours of 7:30 A.M. and 4:00 P.M.
Sincerely,
Signature
Attachments: Notice of Non-Conformance dated: Copy of Non-Compliance dated: Company Name Certified Mail, Return Receipt Requested Address Certified Mail No: City, State, Zip
UT Austin 090113 AGC-25
Subject: Third Notice of Contract Non-Compliance Capital Project No: Project Name:
Dear (Company Contract Authority):
On ______(date) a letter of Contract Non-Compliance to Construction Safety requirements was sent to you via certified mail, return receipt requested citing violations of Article 7: Construction Safety of the Uniform General Conditions (09/01/2013) and Article 7 of the Additional General Conditions (090113) in your contract documents for this project. Despite multiple notices and two prior letters to your company, you continue to be in non-compliance. The items we have identified are listed as follow.
Non-Compliance Items: * * *
Your construction contract with the University of Texas at Austin, Project Management and Construction Services, requires your conformance to all State and Federal laws and to The University of Texas at Austin safety requirements as identified in your contract documents. Despite our efforts to gain compliance, ______(company name) continues in violation of this contract. These violations require immediate and sustained corrective action on your part. Failure to comply by this date and to maintain conformance to your contractual obligations may result in further action with may include any and all remedies available pursuant to Article 14 of the Uniform General Conditions of your contract which may include Suspension of Work for Cause or Termination of your contract by Owner for Cause.
Should you have any questions regarding this notice, or you feel this notice was issued in error, please contact ______(name and title) at (512) ______Monday through Friday between the hours of 7:30 A.M. and 4:00 P.M.
Sincerely,
Signature
Attachments: Notice of Non-Conformance dated: Copy of Non-Compliance dated:
Copy: Insurance Carrier Bonding Company
UT Austin 090113 AGC-26
Appendix II
Tables of 29 CFR OSHA 1910 & 1926 Occupational Safety And Health Standards
UT Austin 090113 AGC-27 Table of OSHA General Industry Standards 1904 Record Keeping 1910 Subpart A - General 1910.1 - Purpose and scope. 1910.2 - Definitions. 1910.3 - Petitions for the issuance, amendment, or repeal of a standard. 1910.4 - Amendments to this part. 1910.5 - Applicability of standards. 1910.6 - Incorporation by reference. 1910.7 - Definition and requirements for a nationally recognized testing laboratory. 1910.7 App A - OSHA Recognition Process for Nationally Recognized Testing Laboratories. 1910.8 - OMB control numbers under the Paperwork Reduction Act. 1910.9 - Compliance duties owed to each employee. 1910 Subpart B - Adoption and Extension of Established Federal Standards 1910.11 - Scope and purpose. 1910.12 - Construction work. 1910.15 - Shipyard employment. 1910.16 - Longshoring and marine terminals. 1910.17 - Effective dates. 1910.18 - Changes in established Federal standards. 1910.19 - Special provisions for air contaminants. 1910 Subpart C - Adoption and Extension of Established Federal Standards 1910 Subpart D - Walking-Working Surfaces 1910.21 - Definitions. 1910.22 - General requirements. 1910.23 - Guarding floor and wall openings and holes. 1910.24 - Fixed industrial stairs. 1910.25 - Portable wood ladders. 1910.26 - Portable metal ladders. 1910.27 - Fixed ladders. 1910.28 - Safety requirements for scaffolding. 1910.29 - Manually propelled mobile ladder stands and scaffolds (towers). 1910.30 - Other working surfaces. 1910 Subpart E - Means of Egress 1910 Subpart E App - Exit Routes, Emergency Action Plans, and Fire Prevention Plans. 1910.33 - Table of contents. 1910.34 - Coverage and definitions. 1910.35 - Compliance with NFPA 101-2000, Life Safety Code. 1910.36 - Design and construction requirements for exit routes. 1910.37 - Maintenance, safeguards, and operational features for exit routes. 1910.38 - Emergency action plans. 1910.39 - Fire prevention plans. 1910 Subpart F - Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms 1910.66 - Powered platforms for building maintenance. 1910.66 App A - Guidelines (Advisory) 1910.66 App B - Exhibits (Advisory) 1910.66 App C - Personal Fall Arrest System (Section I - Mandatory; Sections II and III - Non- 1910.66 App D - Existing Installations (Mandatory) UT Austin 090113 AGC-28 1910.67 - Vehicle-mounted elevating and rotating work platforms. 1910.68 - Manlifts. 1910 Subpart G - Occupational Health and Environment Control 1910.94 - Ventilation. 1910.95 - Occupational noise exposure. 1910.95 App A - Noise exposure computation 1910.95 App B - Methods for estimating the adequacy of hearing protector attenuation 1910.95 App C - Audiometric measuring instruments 1910.95 App D - Audiometric test rooms 1910.95 App E - Acoustic calibration of audiometers 1910.95 App F - Calculations and application of age corrections to audiograms 1910.95 App G - Monitoring noise levels non-mandatory informational appendix 1910.95 App H - Availability of referenced documents 1910.95 App I - Definitions 1910.97 - Nonionizing radiation. 1910.98 - Effective dates. 1910 Subpart H - Hazardous Materials 1910.101 - Compressed gases (general requirements). 1910.102 - Acetylene. 1910.103 - Hydrogen. 1910.104 - Oxygen. 1910.105 - Nitrous oxide. 1910.106 - Flammable and combustible liquids. 1910.107 - Spray finishing using flammable and combustible materials. 1910.108 - Dip tanks containing flammable or combustible liquids. 1910.109 - Explosives and blasting agents. 1910.110 - Storage and handling of liquefied petroleum gases. 1910.111 - Storage and handling of anhydrous ammonia. 1910.112 – 113 [Reserved] 1910.119 - Process safety management of highly hazardous chemicals. 1910.119 App A - List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory). 1910.119 App B - Block Flow Diagram and Simplified Process Flow Diagram (Non-mandatory). 1910.119 App C - Compliance Guidelines and Recommendations for Process Safety Management (Non-mandatory). 1910.119 App D - Sources of Further Information (Non-mandatory). 1910.120 - Hazardous waste operations and emergency response. 1910.120 App A - Personal protective equipment test methods. 1910.120 App B - General description and discussion of the levels of protection and protective gear. 1910.120 App C - Compliance guidelines. 1910.120 App D - References. 1910.120 App E - Training Curriculum Guidelines - (Non-mandatory) 1910.121 - Reserved 1910.122 - Table of contents 1910.123 - Dipping and coating operations: Coverage and definitions 1910.124 - General requirements for dipping and coating operations 1910.125 - Additional requirements for dipping and coating operations that use flammable or combustible 1910.126 - Additional requirements for special dipping and coating operations 1910 Subpart I - Personal Protective Equipment
UT Austin 090113 AGC-29 1910.132 - General requirements. 1910.133 - Eye and face protection. 1910.134 - Respiratory Protection. 1910.134 App A - Fit Testing Procedures (Mandatory). 1910.134 App B-1 - User Seal Check Procedures (Mandatory). 1910.134 App B-2 - Respirator Cleaning Procedures (Mandatory). 1910.134 App C - OSHA Respirator Medical Evaluation Questionnaire (Mandatory). 1910.134 App D - (Mandatory) Information for Employees Using Respirators When not required Under 1910.135 - Head protection. 1910.136 - Occupational foot protection. 1910.137 - Electrical protective devices. 1910.138 - Hand Protection. 1910 Subpart I App A - References for further information (Non-mandatory) 1910 Subpart I App B - Non-mandatory Compliance Guidelines for Hazard Assessment and Personal Protective Equipment Selection. 1910 Subpart J - General Environmental Controls 1910.141 - Sanitation. 1910.142 - Temporary labor camps. 1910.143 - Non-water carriage disposal systems. 1910.144 - Safety color code for marking physical hazards. 1910.145 - Specifications for accident prevention signs and tags. 1910.145(f) App A - Recommended color coding 1910.145(f) App B - References for further information 1910.146 - Permit-required confined spaces 1910.146 App A - Permit-required Confined Space Decision Flow Chart 1910.146 App B - Procedures for Atmospheric Testing. 1910.146 App C - Examples of Permit-required Confined Space Programs 1910.146 App D - Confined Space Pre-Entry Check List 1910.146 App E - Sewer System Entry. 1910.146 App F - Non-Mandatory Appendix F -- Rescue Team or Rescue Service Evaluation Criteria 1910.147 - The control of hazardous energy (lockout/tagout). 1910.147 App A - Typical minimal lockout procedures 1910 Subpart K - Medical and First Aid 1910.151 - Medical services and first aid. 1910.151 App A - Appendix A to § 1910.151 -- First aid kits (Non-Mandatory) 1910.152 - [Reserved] 1910 Subpart L - Fire Protection 1910.155 - Scope, application and definitions applicable to this subpart. 1910.156 - Fire brigades. 1910.157 - Portable fire extinguishers. 1910.158 - Standpipe and hose systems. 1910.159 - Automatic sprinkler systems. 1910.160 - Fixed extinguishing systems, general. 1910.161 - Fixed extinguishing systems, dry chemical. 1910.162 - Fixed extinguishing systems, gaseous agent. 1910.163 - Fixed extinguishing systems, water spray and foam. 1910.164 - Fire detection systems. 1910.165 - Employee alarm systems.
UT Austin 090113 AGC-30 1910 Subpart L App A - Fire Protection 1910 Subpart L App B - National Consensus Standards 1910 Subpart L App C - Fire Protection references for further information 1910 Subpart L App D - Availability of publications incorporated by reference in section 1910.156 fire brigades 1910 Subpart L App E - Test methods for protective clothing 1910 Subpart M - Compressed Gas and Compressed Air Equipment 1910.166 - 168 [Reserved] 1910.169 - Air receivers. 1910 Subpart N - Materials Handling and Storage 1910.176 - Handling materials - general. 1910.177 - Servicing multi-piece and single piece rim wheels. 1910.177 App A - Trajectory 1910.177 App B - Ordering information for NHTSA charts 1910.178 - Powered industrial trucks. 1910.178 App A - Powered industrial trucks. 1910.179 - Overhead and gantry cranes. 1910.180 - Crawler locomotive and truck cranes. 1910.181 - Derricks. 1910.183 - Helicopters. 1910.184 - Slings. 1910 Subpart O - Machinery and Machine Guarding 1910.211 - Definitions. 1910.212 - General requirements for all machines. 1910.213 - Woodworking machinery requirements. 1910.214 - Cooperage machinery. [Reserved] 1910.215 - Abrasive wheel machinery. 1910.216 - Mills and calendars in the rubber and plastics industries. 1910.217 - Mechanical power presses. 1910.217 App A - Mandatory requirements for certification/validation of safety systems for presence sensing device initiation of mechanical power presses 1910.217 App B - Non-mandatory guidelines for certification/validation of safety systems for presence sensing device initiation of mechanical power presses 1910.217 App C - Mandatory requirements for OSHA recognition of third-party validation organizations for the PSDI standard 1910.217 App D - Non-mandatory supplementary information 1910.218 - Forging machines. 1910.219 - Mechanical power-transmission apparatus. 1910 Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment 1910.241 - Definitions. 1910.242 - Hand and portable powered tools and equipment, general. 1910.243 - Guarding of portable powered tools. 1910.244 - Other portable tools and equipment. 1910 Subpart Q - Welding, Cutting, and Brazing 1910.251 - Definitions. 1910.252 - General requirements. 1910.253 - Oxygen-fuel gas welding and cutting. 1910.254 - Arc welding and cutting. 1910.255 - Resistance welding.
UT Austin 090113 AGC-31 1910 Subpart R - Special Industries 1910.261 - Pulp, paper, and paperboard mills. 1910.262 - Textiles. 1910.263 - Bakery equipment. 1910.264 - Laundry machinery and operations. 1910.265 - Sawmills. 1910.266 - Logging operations. 1910.266 App A - First-aid Kits (Mandatory). 1910.266 App B - First-aid and CPR Training (Mandatory). 1910.266 App C - Comparable ISO Standards (Non-mandatory) 1910.267 - Reserved. 1910.268 - Telecommunications. 1910.269 - Electric Power Generation, Transmission, and Distribution. 1910.269 App A - Flow Charts. 1910.269 App B - Working on Exposed Energized Parts. 1910.269 App C - Protection from Step and Touch Potentials. 1910.269 App D - Methods of Inspecting and Testing Wood Poles. 1910.269 App E - Reference Documents. 1910.272 - Grain handling facilities. 1910.272 App A - Grain handling facilities 1910.272 App B - National consensus standards 1910.272 App C - References for further information 1910 Subpart S - Electrical 1910.301 - Introduction. 1910.302 - Electric utilization systems. 1910.303 - General requirements. 1910.304 - Wiring design and protection. 1910.305 - Wiring methods, components, and equipment for general use. 1910.306 - Specific purpose equipment and installations. 1910.307 - Hazardous (classified) locations. 1910.308 - Special systems. 1910.309 - 330 [Reserved] 1910.331 - Scope 1910.332 - Training 1910.333 - Selection and use of work practices 1910.334 - Use of equipment. 1910.335 - Safeguards for personnel protection. 1910.336 - [Reserved] 1910.337 – 398 [Reserved] 1910.399 - Definitions applicable to this subpart. 1910 Subpart S App A - Reference Documents 1910 Subpart T - Commercial Diving Operations 1910.401 - Scope and application. 1910.402 - Definitions. 1910.410 - Qualifications of dive team. 1910.420 - Safe practices manual. 1910.421 - Pre-dive procedures. 1910.422 - Procedures during dive.
UT Austin 090113 AGC-32 1910.423 - Post-dive procedures. 1910.424 - SCUBA diving. 1910.425 - Surface-supplied air diving. 1910.426 - Mixed-gas diving. 1910.427 - Live boating. 1910.430 - Equipment. 1910.440 - Recordkeeping requirements. 1910 Subpart T App A - Examples of conditions which may restrict or limit exposure to hyperbaric conditions 1910 Subpart T App B - Guidelines for scientific diving 1910 Subpart T App C - Alternative Conditions Under 1910.401(a)(3) for Recreational Diving Instructors and Diving Guides (Mandatory) 1910 Subpart U – Subpart V [Reserved] 1910 Subpart W - Program Standard 1910 Subpart X – Subpart Y [Reserved] 1910 Subpart Z - Toxic and Hazardous Substances 1910.1000 - Air contaminants. 1910.1000 TABLE Z-1 - TABLE Z-1 Limits for Air Contaminants. 1910.1000 TABLE Z-2 - TABLE Z-2 1910.1000 TABLE Z-3 - TABLE Z-3 Mineral Dusts 1910.1001 - Asbestos. 1910.1001 App A - OSHA Reference Method - Mandatory 1910.1001 App B - Detailed procedure for asbestos sampling and analysis - Non-Mandatory 1910.1001 App C - Qualitative and quantitative fit testing procedures - Mandatory 1910.1001 App D - Medical questionnaires; Mandatory 1910.1001 App E - Interpretation and classification of chest roentgenograms - Mandatory 1910.1001 App F - Work practices and engineering controls for automotive brake and clutch inspection, disassembly, repair and assembly -- Mandatory 1910.1001 App G - Substance technical information for asbestos - Non-Mandatory 1910.1001 App H - Medical surveillance guidelines for asbestos - Non-Mandatory 1910.1001 App I - Smoking Cessation Program Information for Asbestos - Non-Mandatory. 1910.1001 App J - Polarized Light Microscopy of Asbestos -- Non-Mandatory 1910.1002 - Coal tar pitch volatiles; interpretation of term. 1910.1003 - 13 Carcinogens (4-Nitrobiphenyl, etc.). 1910.1004 - alpha-Naphthylamine. 1910.1005 - [Reserved] 1910.1006 - Methyl chloromethyl ether. 1910.1007 - 3,3'-Dichlorobenzidine (and its salts). 1910.1008 - bis-Chloromethyl ether. 1910.1009 - beta-Naphthylamine. 1910.1010 - Benzidine. 1910.1011 - 4-Aminodiphenyl. 1910.1012 - Ethyleneimine. 1910.1013 - beta-Propiolactone. 1910.1014 - 2-Acetylaminofluorene. 1910.1015 - 4-Dimethylaminoazobenzene. 1910.1016 - N-Nitrosodimethylamine. 1910.1017 - Vinyl chloride. 1910.1017 App A - Supplemental medical information
UT Austin 090113 AGC-33 1910.1018 - Inorganic arsenic. 1910.1018 App A - Inorganic arsenic substance information sheet 1910.1018 App B - Substance technical guidelines 1910.1018 App C - Medical surveillance guidelines 1910.1020 - Access to employee exposure and medical records. 1910.1020 App A - Sample authorization letter for the release of employee medical record information to a designated representative (Non-mandatory) 1910.1020 App B - Availability of NIOSH registry of toxic effects of chemical substances (RTECS)(Non-mandatory) 1910.1025 - Lead. 1910.1025 App A - Substance data sheet for occupational exposure to lead 1910.1025 App B - Employee standard summary 1910.1025 App C - Medical surveillance guidelines 1910.1025 App D - Qualitative fit test protocols 1910.1026 - Chromium (VI) 1910.1026 App A - Chromium (VI) 1910.1027 - Cadmium 1910.1027 App A - Substance Safety Data Sheet - Cadmium 1910.1027 App B - Substances Technical Guidelines for Cadmium 1910.1027 App C - Qualitative and Quantitative Fit Testing Procedures 1910.1027 App D - Occupational Health History Interview With Reference to Cadmium Exposure 1910.1027 App E - Cadmium in Workplace Atmospheres 1910.1027 App F - Nonmandatory Protocol for Biological Monitoring 1910.1028 - Benzene. 1910.1028 App A - Substance safety data sheet, Benzene 1910.1028 App B - Substance technical guidelines, Benzene 1910.1028 App C - Medical surveillance guidelines for Benzene 1910.1028 App D - Sampling and analytical methods for Benzene monitoring and measurement 1910.1028 App E - Qualitative and Quantitative fit testing procedures 1910.1029 - Coke oven emissions. 1910.1029 App A - Coke oven emissions substance information sheet 1910.1029 App B - Industrial hygiene and medical surveillance guidelines 1910.1030 - Bloodborne pathogens. 1910.1030 App A - Hepatitis B Vaccine Declination (Mandatory) 1910.1043 - Cotton dust. 1910.1043 App A - Air sampling and analytical procedures for determining concentrations of cotton 1910.1043 App B-I - Respiratory questionnaire 1910.1043 App B-II - Respiratory questionnaire for non-textile workers for the cotton industry 1910.1043 App B-III - Abbreviated respiratory questionnaire 1910.1043 App C - Spirometry prediction tables for normal males and females 1910.1043 App D - Pulmonary function standards for cotton dust standard 1910.1043 App E - Vertical elutriator equivalency protocol 1910.1044 - 1,2-dibromo-3-chloropropane. 1910.1044 App A - Substance safety data sheet for DBCP 1910.1044 App B - Substance technical guidelines for DBCP 1910.1044 App C - Medical surveillance guidelines for DBCP 1910.1045 - Acrylonitrile.
UT Austin 090113 AGC-34 1910.1045 App A - Substance safety data sheet for acrylonitrile 1910.1045 App B - Substance technical guidelines for acrylonitrile 1910.1045 App C - Medical surveillance guidelines for acrylonitrile 1910.1045 App D - Sampling and analytical methods for acrylonitrile 1910.1047 - Ethylene oxide. 1910.1047 App A - Substance safety data sheet for ethylene oxide (non-mandatory) 1910.1047 App B - Substance technical guidelines for ethylene oxide (Non-mandatory) 1910.1047 App C - Medical surveillance guidelines for ethylene oxide (Non-mandatory) 1910.1047 App D - Sampling and analytical methods for ethylene oxide (Non-mandatory) 1910.1048 - Formaldehyde. 1910.1048 App A - Substance technical guidelines for formalin 1910.1048 App B - Sampling strategy and analytical methods for formaldehyde 1910.1048 App C - Medical surveillance - Formaldehyde 1910.1048 App D - Nonmandatory medical disease questionnaire 1910.1048 App E - Qualitative and quantitative fit testing procedures 1910.1050 - Methylenedianiline 1910.1050 App A - Substance Data Sheet, for 4,4'-Methylenedianiline 1910.1050 App B - Substance Technical Guidelines, MDA 1910.1050 App C - Medical Surveillance Guidelines for MDA 1910.1050 App D - Sampling and Analytical Methods for MDA Monitoring and Measurement 1910.1050 App E - Qualitative and Quantitive Fit Testing Procedures 1910.1051 - 1,3-Butadiene. 1910.1051 App A - Substance Safety Data Sheet For 1,3-Butadiene (Non-Mandatory) 1910.1051 App B - Substance Technical Guidelines for 1,3-Butadiene (Non-Mandatory) 1910.1051 App C - Medical Screening and Surveillance for 1,3-Butadiene (Non-Mandatory) 1910.1051 App D - Sampling and Analytical Method for 1,3-Butadiene (Non-Mandatory) 1910.1051 App E - Respirator Fit Testing Procedures (Mandatory) 1910.1051 App F - Medical Questionnaires, (Non-mandatory) 1910.1052 - Methylene Chloride. 1910.1052 App A - Substance Safety Data Sheet and Technical Guidelines for Methylene Chloride. 1910.1052 App B - Medical Surveillance for Methylene Chloride. 1910.1052 App C - Questions and Answers - Methylene Chloride Control in Furniture Stripping. 1910.1096 - Ionizing radiation. 1910.1200 - Hazard Communication. 1910.1200 App A - Health Hazard Definitions (Mandatory) 1910.1200 App B - Hazard determination (Mandatory) 1910.1200 App C - Information sources (Advisory) 1910.1200 App D - Definition of "Trade Secret" (Mandatory) 1910.1200 App E - Guidelines for Employer Compliance (Advisory) 1910.1201 - Retention of DOT markings, placards and labels. 1910.1450 - Occupational exposure to hazardous chemicals in laboratories. 1910.1450 App A - National Research Council Recommendations Concerning Chemical Hygiene in Laboratories (Non-Mandatory) 1910.1450 App B - References (Non-Mandatory)
UT Austin 090113 AGC-35
Table of OSHA Construction Standards
Subpart A (1926.1 – 1926.5) - General Subpart B (1926.10 – 1926.16) - General Interpretations Subpart C (1926.20 – 1926.35) - General Safety and Health Provisions Subpart D (1926.50 – 1926.66) - Occupational Health and Environmental Controls Subpart E (1926.95 – 1926.107) - Personal Protective and Life Saving Equipment Subpart F (1926.150 – 1926.155) - Fire Protection and Prevention Subpart G (1926.200 – 1926.203) - Signs, Signals and Barricades Subpart H (1926.250 – 1926.252) - Materials Handling, Storage, Use and Disposal Subpart I (1926.300 – 1926.307) - Tools – Hand and Power Subpart J (1926.350 – 1926.354) - Welding and Cutting Subpart K (1926.400 – 1926.449) - Electrical Subpart L (1926.450 – 1926.454) - Scaffold Subpart M (1926.500 – 1926.503) - Fall Protection Subpart N (1926.550 – 1926.555) - Cranes, Derricks, Hoists, Elevators and Conveyors Subpart O 1926.600 – 1926.606) - Motor Vehicles, Mechanized Equipment and Marine Subpart P (1926.650 – 1926.652) - Excavations Subpart Q (1926.700 – 1926.706) - Concrete and Masonry Construction Subpart R (1926.750 – 1926.752) - Steel Erection Subpart S (1926.800 – 1926.804) - Underground Construction, Caissons, Cofferdams, and Subpart T (1926.850 – 1926.860) - Demolition Subpart U (1926.900 – 1926.914) - Blasting and the Use of Explosives Subpart V (1926.950 – 1926.960) - Power Transmission and Distribution Subpart W (1926.1000 – 1926.1003) - Rollover Protective Structures; Overhead Protection Subpart X (1926.1050 – 1926.1060) - Stairways and Ladders Subpart Y (1926.1071 – 1926.1092) - Diving Subpart Z (1926.1100 – 1926.1152) - Toxic and Hazardous Substances
UT Austin 090113 AGC-36 ARTICLE 8. QUALITY CONTROL
8.3 Submittals
8.3.1 Contractor’s Submittals:
8.3.1.1 [Revise first sentence to read] The Contractor shall within SEVEN (7) CALENDAR DAYS of the effective date of the Notice To Proceed of construction submit to the ODR, and the AE, a submittal schedule/register, organized by specification section which lists all items to be furnished for review and approval by the Architect/Engineer and Owner.
8.3.1.2 [Revise fourth and fifth sentences to read] Show and allow a minimum of SEVEN (7) CALENDAR DAYS duration after receipt by the Architect/Engineer and ODR for review and approval. The review time is based on having all related submittals at the same time that may relate to each other or a related assembly in order to approve any individual submittal. If re-submittal is required, allow a minimum of an additional SEVEN (7) CALENDAR DAYS for review.
ARTICLE 9. PROJECT SCHEDULING REQUIREMENTS
9.3 Work Progress Schedule:
[Revise 2nd sentence to read] “Unless indicated otherwise in those documents, Contractor shall submit their initial Work Progress Schedule for the Work in relation to the entire project not later than SEVEN (7) CALENDAR DAYS after the effective date of the Notice to Proceed to the ODR and the AE.”
9.6 Modification of the Contract Time:
9.6.2.1.1 [Add] Requests for extension shall meet the following conditions. 9.6.2.1.1.1 Work could not have been done on any other portion of the Project without adverse consequences. 9.6.2.1.1.2 No one day will be counted more than once. 9.6.2.1.1.3 Lost holidays or weekends will not be counted unless the work day preceding the holiday(s) is lost because of inclement weather and the conditions continue into the non-work days.
9.6.2.1.2 Contractor shall maintain a log of the weather conditions throughout the Project and this log shall be made available to the Project Manager upon his request.
9.6.2.1.3 If the work cannot be completed during the designated period due to inclement weather or circumstances beyond the Contractor's control, the Contractor shall make arrangements with the Project Manager to complete the remaining work in a manner which will cause the least interference with the Owner's operations.
UT Austin 090113 AGC-37
9.11.1 [Add] If the Contractor does not complete all work at the time stipulated in the contract plus any additional time added to the contract by approved change orders, the Owner may assess liquidated damages in the amounts stated in the Owner’s Special Conditions.
9.11.2 [Add] If the Contractor does not complete all deficiencies within the time limits indicated in the Substantial Completion Certificate or other items required by the Contract, the Owner may additionally charge liquidated damages (as mentioned above) from the deadline set in the Certificate until all items are completed and accepted.
ARTICLE 10. PAYMENTS
10.1 Schedule of Values:
10.1.1.2 [Add] Costs of the Work referenced in 10.1.1.1 includes costs for shop drawings, submittals, site investigation, calculations etc. and shall be included in its various classification of work. 10.1.1.3 [Add] In addition to scheduling costs for preparing Close-Out documents, schedule a value for training when training is required.
10.3 Owner’s Duty to Pay:
10.3.2 [Add] The Owner shall retain ten percent (10%) of the amount of each progress pay request’s Total Completed To Date amount until final completion and acceptance of all work covered by this Contract. The Architect / Engineer will not reduce the amount retained below ten percent (10%). The above ten percent (10%) retainage shall be five percent (5%) on projects greater than $400,000.00.
10.3.2.4 [Add] Each progress pay request shall be submitted on the form “Application and Certificate for Payment – Project Management and Construction Services” provided to the Contractor by PMCS at the time of Notice to Proceed. 10.3.2.4.1 Each item listed under "Description of Work" shall be subdivided into "Labor" and “Material" items; each to be calculated as a separate line item across the sheet.
10.3.2.5 [Add] Should a progress payment request include materials stored off- site, the Contractor shall submit to the Owner an insurance policy for the value of the off-site stored materials which names The University of Texas at Austin as the insured. This is in addition to other insurance requirements of these Specifications. This may be part of the Builders Risk Certificate if name, address and location are specifically named.
UT Austin 090113 AGC-38
10.3.2.6 [Add] Payment for labor and/or materials shall be inclusive of submittals, shop drawings, etc. as required to commence any Work referenced in 8.3.1 and/or survey, plan and direct the Work. Payment for cost of submittals, shop drawings, site investigation, calculations etc. shall be scheduled with value for installation of the respective materials. Projects having fire sprinkler scope of work valued at seventy-five percent (75%) or greater of the entire contract amount may schedule a value up to five percent (5%) of the total value of the work for payment of approved sprinkler design submittals unless otherwise agreed by the ODR. Payment for Work referenced in 10.2 excludes all off site efforts unless otherwise approved by the ODR and in accordance with 10.5.
ARTICLE 11. CHANGES
11.1 Change Orders:
11.1.3 [Add] The Contractor shall submit change proposals indicating all related costs for the change and indicating the respective allowable percentage mark ups and breakdown (as may be allowed in the UGC). These proposals shall be submitted on a form approved by the Owner or on a layout and form that may be provided by the Owner. All proposals shall be signed by the Contractor’s representative. Request for time extensions for changes shall be made at the same time. Contractor shall submit revised HSP Plan on any new trades added to the project and shall revise the PAR amounts for subcontractors with next Pay Application following the execution of Change Orders.
11.7.2 [Revise last sentence to read] Contractor shall provide written response to change request within SEVEN (7) CALENDAR DAYS of receipt.
ARTICLE 12. PROJECT COMPLETION AND ACCEPTANCE
12.1 Closing Inspections:
12.1.1.1.1 [Add] The Contractor must complete and submit the Equipment Add-Update-Retire Form (formerly the Equipment Add-Delete-Modification log) as required in Paragraph 6.2.4.1. The format of this form shall be furnished to the Contractor and is available through the PMCS website at http://www.utexas.edu/pmcs/dcstandards/.
12.1.2 Final Inspection: [Revise 2nd sentence as bolded] Unless otherwise specified, or otherwise agreed in writing by the parties as documented on the Certificate of Substantial Completion, the Contractor shall complete and/or correct all work within FOURTEEN (14) CALENDAR DAYS of the Substantial Completion date.
UT Austin 090113 AGC-39 12.3 Acceptance & Payment:
12.3.2 [Revise as bolded] Final Payment Documentation: Prior to or with the Application for Final Payment, Contractor shall submit final electronic copies of all close out documents, maintenance and operating manuals, guarantees and warranties, certification of No Asbestos Containing Materials (art 13.7), MSDS sheets for all materials, certificates of substantial completion, record documents, as constructed drawings, evidence of the Contractor’s return of all keys and access cards, and all other items required by the Contract. Submit original Consent of Surety to Final Payment and an affidavit that all payrolls, bills for materials and equipment, subcontracted work and other indebtedness connected with the Work, except as specifically noted, are paid, will be paid, or otherwise satisfied within the period of time required by Tex. Gov’t Code, Chapter 2251. Furnish documentation establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of claims and liens arising out of the Contract. The Contractor may not subsequently submit a claim on behalf of a subcontractor or vendor unless the Contractor’s affidavit notes that claim as an exception.
ARTICLE 18. TEMPORARY FACILITIES
18.1 Temporary Utilities: The Owner will provide all necessary utilities free of usage charges. Temporary connections or extensions of existing utility services shall be provided and removed at the completion of the Work at the Contractor's expense.
18.2 Barricades, Warning Signs and Lights: Comply with recognized standards and code requirements for the erection of substantial barricades where needed to prevent accidents. Contractor shall provide signage and appropriate barricades to prevent any unsafe condition from developing during the course of the Contract. Contractor shall properly store and secure materials to prevent unauthorized use.
18.3 Temporary Fire Protection: Review fire prevention and protection needs with the ODR and Owner's Fire Prevention Services officials and establish procedures to be followed in the event of fire. Instruct personnel in procedures and post warnings and information. Maintain unobstructed access to fire extinguishers, temporary fire protection facilities, stairways, and other access routes. Prohibit smoking in hazardous areas. Provide supervision of welding operations, combustion type temporary heating units, and similar sources of ignition.
18.3.1 The Contractor shall be responsible for initiating, maintaining, and supervising safety precautions and programs associated with the Work. It shall be the duty and responsibility of the Contractor to comply with all pertinent sections of the Occupational Safety and Health Act of 1975, and all amendments thereof. The Contractor shall do all things necessary and provide all equipment and labor necessary to protect students, staff, faculty, and the general public from dangers associated with the Contract. Walkways, parking areas, and other areas surrounding the job site will be in use and given priority. The University shall not be held responsible for failure of the Contractor to perform the job in a safe manner.
UT Austin 090113 AGC-40 18.4 Temporary Sanitary Facilities: Contractor shall furnish temporary sanitary facilities for the needs of all construction workers and others performing work or furnishing services on the project with the following limitations:
18.4.1 Sanitary facilities shall be obscured from public view to the greatest practical extent.
18.4.2 The location shall be acceptable to Owner.
18.4.3 Sanitary facilities shall consist of properly-enclosed, self-contained portable units equipped with reservoirs. Reservoirs shall be maintained in proper sanitary condition by chemical treatment and periodic cleaning.
18.4.4 Contractor shall enforce the use of such sanitary facilities by all personnel at the site.
ARTICLE 19. ADDITIONAL CONDITIONS
(THE UNIVERSITY OF TEXAS AT AUSTIN ENVIRONMENTAL HEALTH AND SAFETY)
19.1 CONSTRUCTION SITE PROCEDURES FOR CONTRACTORS
COMMON PROBLEMS FOR CONTRACTORS
Equipment Cleaning Equipment must be cleaned in a manner that does not create any discharge of cleaning agents, paints, oil or other pollutants to a storm sewer or waterway. Soaps and detergents must never be discharged to the ground or off-site. When rinsing painting equipment outside, rinse water must be contained in a bucket or other container. Water-based or latex paint rinse water may be discharged to the sanitary sewer. Oil-based paint wastes, including solvents and thinners, must not be disposed of in the sanitary sewer; they must be collected and disposed of through the Contractor's disposal company in accordance with applicable laws and regulations. Cement handling equipment must be rinsed in a contained area and there must be no drainage off-site.
Pressure Washing Discharges from pressure washing must not be allowed to enter a storm sewer or waterway. Consider vacuuming up the water or berming the process water and allowing it to evaporate. If the rinsate only contains water and dirt or sediment it may be spread on the ground with prior permission from PMCS and Environmental Health & Safety, and if it will not enter a storm sewer or waterway. Depending on the content of the material it may also be possible to discharge to a sanitary sewer with prior permission from Environmental Health & Safety. UT project managers must be involved in the discharge request. (Permission to discharge to sanitary sewer may take up to five working days.)
Waste Disposal Any trash or debris must be contained on-site and disposed of in a recycling bin or waste receptacle in accordance with applicable laws and regulations to prevent wind or rain from carrying it off-site into a storm drain or waterway. Petroleum wastes, such as waste oil and used oil filters, must be containerized for recycling or disposal by the Contractor. UT Austin 090113 AGC-41 Non-hazardous solid wastes, such as general construction debris may be recycled or disposed of in the trash container. Never dispose of liquid wastes of any kind in dumpsters.
Packing Lamps Used fluorescent, high intensity discharge (HID), and UV germicidal lamps must be collected in containers that protect the lamps during storage and transportation. The original shipping container is the preferred package for spent lamps. Remove extra cardboard end pieces to assure that lamps fit in the box. Remove any plastic lamp sleeves and tape from spent lamps when packing for waste collection. Environmental Health & Safety also has boxes available for packaging standard four foot and eight foot length fluorescent lamps. To receive a packing box call 512-475-9738. An open top metal drum should be used for other types of lamps such as small lamps, mercury vapor lamps, and other odd shaped fluorescent tubes. In the case of smaller bulbs, additional packing materials such as vermiculite must be added to prevent breakage.
Broken Florescent Lamps When fluorescent lamps and HIDs are broken, mercury is released to the environment, but some mercury still remains on the surfaces of the glass, phosphor, and the metal or plastic. If a fluorescent, HID, or UV germicidal lamp is broken, all the broken parts must be collected as a hazardous material. Dedicate 30 gallon metal drums labeled with the words "broken fluorescent lamps" to collect the broken pieces, and contact EHS for disposal when the drum is full. The drum must be sealed when it is not actively receiving broken bulbs.
Sediment Proper erosion and sedimentation controls must be in place prior to any construction activity to prevent sediment or silt run-off. Sediment (including cement) should never be rinsed off the site; instead it must be cleaned up in a manner that does not allow it to reach a storm drain or waterway. Equipment tires must be rinsed before leaving the site, if necessary, to avoid tracking sediment into the roadway or off the site. Erosion and sediment control plans and/or Storm Water Pollution Prevention Plans shall be submitted to EHS. All erosion and sediment controls are to be maintained through the duration of the construction and until all areas are stabilized. All vehicles must leave the site through a stabilized construction entrance meeting the requirements of the University's Construction Standard regarding Erosion and Sedimentation Controls.
Site Dewatering, Tank, & Pipe Testing Discharges from dewatering, hydrostatic tank testing or pipe pressure testing must be free from sediment, chemicals, and any other pollutants. Some discharges, such as those from underground storage tank pits, may require City of Austin temporary discharge permits and the Contractor is responsible for obtaining such permits. Notify EHS before dewatering and/or discharging.
Petroleum Spills of hydraulic fluid, oil, and other petroleum products must always be immediately cleaned up to prevent discharge of these fluids with storm water run-off. Petroleum- contaminated soil must be cleaned up and disposed of properly in accordance with applicable laws and regulations. Storage containers must be kept closed, clean, and free of oily residue. Containers over 55 gallons (including mobile tanks) must be stored inside secondary containment. UT Austin 090113 AGC-42
Separators or Traps Before removing oil/water separators or traps connected to storm sewers, the materials in them must have been tested by Toxicity Characteristic Leachate Procedure (TCLP) within the last two years before they are cleaned out. Be aware that this test may take three weeks to complete if a recent test has not been conducted. Contractor is solely responsible for accommodating the time for such testing and no claims for delay arising out of such testing will be permitted. Documentation of the test results must be submitted to EHS staff for review and approval before emptying or removing the trap.
19.2 SPILL PREVENTION, CLEAN-UP AND DISPOSAL
Be prepared to contain spills to prevent spreading. Small areas are easier to clean than large ones. Keep sorbent materials such as clay (kitty litter), polypropylene booms and pads, rags and sawdust on hand for clean-up of spilled liquids.
Clean-Up Sorbent materials can be used to effectively clean-up various materials spilled on pavement, water and soil. Soil or other media which has been contaminated with petroleum or other pollutants must be excavated or remediated in accordance with applicable laws and regulations to prevent contaminated discharges to a storm drain or waterway. Excavated contaminated materials must be stored in containers or on plastic and covered so as to ensure that the contamination is not flushed back onto the ground during a rainstorm.
Contaminated Material Disposal Proper disposal of waste materials depends partly on the type of contaminant. Hazardous wastes (such as flammable petroleum products, solvents, thinners, and materials contaminated with hazardous wastes) are considered regulated wastes, and should be containerized for transport and disposal by a permitted company in accordance with applicable laws and regulations. Disposal also depends on the amount of contaminant.
19.3 CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
18.3.1 Contractors are solely responsible for cleaning up and properly disposing of all spilled pollutants brought to the site as part of the Contractor's work (including oil, paint, fuels, antifreeze, solvents, etc.), in accordance with applicable laws and regulations. Contractor must keep accurate records (such as receipts, copies of analytical results, etc.), indicating proper disposal of spilled materials in accordance with applicable laws and regulations. Contractor is responsible for ensuring that all discharges from the site are in compliance with all applicable laws and regulations.
19.3.2 No substance may be dumped or leaked onto the ground or allowed to run-off of a construction site that might cause pollution. Be aware that Contractor is responsible for pollutant contaminated run-off and proper disposal of all waste materials generated as a result of Contractor's activities.
UT Austin 090113 AGC-43
19.4 NOTIFICATION REQUIREMENTS AND PROCEDURES
Environmental, Health and Safety office and the ODR should be notified immediately in the event of: Any spill that threatens to enter a storm sewer or watercourse. All petroleum spills (e.g., hydraulic fluid, transmission fluid, diesel, gasoline, etc.). Any hazardous or unknown material spill (e.g. many solvents, cleaners, etc.).
Any discharge from your site which you suspect may be in violation of City Code, state regulations, or other applicable laws and regulations (e.g. discharges which are cloudy, foul smelling, colored, contain chemicals, or heavy sediment loads).
Notification can be accomplished by calling the UT-Austin EH&S at 512-471-3511 (after normal working hours, press "0" during the recording).
Environmental Health and Safety acknowledges the assistance of the City of Austin Environment and Conservation Services Department for the use of information in this document.
ARTICLE 20. OPEN ORDER LABOR (OOL) SOLICITATIONS
20.1 OOL: Open Order Labor only solicitations (part of the Job Order Contracting program), for the most part deal with labor only types of Job Order agreements that supplement UT shop employee labor and are under the direct supervision of UT personnel. OOL agreements do not necessarily relate to conventional project requirements involving drawings and specifications and except for rare occasions do not involve the purchase of materials and do not allow subcontracting labor. For this reason many of the UGCand AGC items do not apply in total or may be modified as applicable. Some examples would be: not requiring bonds and certain insurance coverage; not requiring retainage or schedule of values on payment invoices; temporary facilities; and other miscellaneous items that would be standard requirements for general construction contracts.
END OF SECTION AGC
UT Austin 090113 AGC-44
OWNER’S SPECIAL CONDITIONS
NOTE: These Owner’s Special Conditions relate to specific projects and are peculiar to that project. They replace or modify the correspondingly numbered paragraphs of the Uniform General Conditions, or Additional General Conditions. Newly added numbered paragraphs below are added to the Uniform General Conditions and are a part of the Contract Documents.
ARTICLE 1. DEFINITIONS
1.11 The Contract Sum
1.11.1 Alternates: An alternate is an amount proposed by Proposers and stated on the Proposal Form that will be added to or deducted from Base Proposal amount to arrive at the original Contract Sum, if the Owner decides to accept a corresponding change in either scope of work or in products, materials, equipment, systems or installation methods described in Contract Documents. Coordinate related work and modify or adjust adjacent work as required to ensure that work affected by each accepted Alternate is complete and fully integrated into each project. Include as part of each alternate, miscellaneous devices, appurtenances and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate.
1.11.1.1 Schedule of Alternates:
Alternate No. Alternate Description 1 Stage Rigging and Stage Lighting 2 Curtains 3 Stone Planters 4 Lobby Carpet 5 Not Used 6 Conduit 7 Auditorium Painting 8 Auditorium Seating
1.11.2 Unit Price Work:
1.11.2.1 The Contractor agrees that in case additional work or material is authorized from what is shown in the Contract, the following items of unit prices will be used as a maximum cost in adjusting the Contract Price. The unit prices include overhead, profit, miscellaneous devices, appurtenances and similar items incidental to or required for a complete installation whether or not mentioned as part of the Unit Price, etc. Unit prices to be used for adjusting the Contract Price for more work or less work or material will be 100% of these amounts. Coordinate related work and modify or adjust adjacent work as required to ensure that work affected by each accepted unit price is complete and fully integrated into each project.
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1.11.2.2 If, after the Contract Sum is established and contract signed, the Owner chooses to change the scope of work in an area described by Unit Prices, the Unit Prices proposed on the proposal form will prevail as a maximum cost in establishing a change order proposal. (Changes for work, based on unit prices for more or less quantity than the original Unit price, shall be negotiated based on any savings achieved). Said contract change order will be processed in the same manner as described elsewhere in these Specifications. Payment to Contractor cannot be guaranteed for any work performed outside the Contract which has not been formally processed, and included in a change order.
1.11.2.3 Schedule of Unit Price Work:
Unit Price Item No. 1: Plaster Restoration (per square foot)
1.11.3 Allowances:
1.11.3.2 Other Allowances: None
1.26 Owner’s Designated Representative (ODR):
1.26.1 The Owner’s Designated Representative (Project Manager) for the Project shall be Scott Mokry, [email protected].
1.44 Work:
1.44.1 Project Name: Phase 1 Renovations, Hogg Memorial Auditorium (HMA), The University of Texas at Austin, Austin, Texas, Project No. CP#522444 as shown in the Drawings and Specifications prepared by the Owner's Department of Project Management & Construction Services. Drawings and Specifications are dated September 12, 2014
1.44.2 Abbreviated Written Summary: Briefly and without limiting force or effect upon the contract documents, the work of the Contract can be summarized as follows:
1.44.2.1 Hogg Memorial Auditorium Maintenance and Equipment Upgrades.
ARTICLE 2. LAWS GOVERNING CONSTRUCTION
2.2 Wage Rates: (SEE CORRESPONDING ARTICLE 2.2 IN UGC’S AND AGC’S FOR MAIN REQUIREMENTS)
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2.2.5.2 THIS PROJECT IS NOT FUNDED OR PARTIALLY FUNDED BY FEDERAL FUNDS. IF FEDERALLY FUNDED, THE CONTRACTOR IS ADDITIONALLY REQUIRED TO FOLLOW ALL REQUIREMENTS RELATED THERETO INDICATED IN THE ADDITIONAL GENERAL CONDITIONS ARTICLE 2.2.5.
ARTICLE 3. GENERAL RESPONSIBILITIES OF OWNER AND CONTRACTOR
3.1 Owner’s General Responsibilities:
3.1.1.1 Pre-Construction Conference:
3.1.1.1.1 Phone number at which spokesman for Contractor can be reached at all times. 3.1.1.1.2 Specific items as required to complete Project set-up (work vehicles identification, etc.). 3.1.1.1.3 All manufacturers’ and suppliers’ technical literature. 3.1.1.1.4 Project Schedule (Refer to Section 9.3.2.1 of the Owner’s Special Conditions for schedule update requirements). 3.1.1.1.5 Schedule of Values. 3.1.1.1.6 List of sub-contractors. 3.1.1.1.7 Name of Project Superintendent. 3.1.1.1.8 Utility requirements.
3.1.2 Owner’s Designated Representative
3.1.2.2.1 An exception will exist to the requirement that all directives on behalf of the Owner be conveyed in writing under the following circumstances: 3.1.2.2.1.1 It is observed by the Project Manager, Construction Coordinator, or University Safety Representative that an unsafe condition may exist. 3.1.2.2.1.2 It is observed by the Project Manager or Construction Coordinator that in their opinion, work is not being performed in accordance with the Project Documents. 3.1.2.2.1.3 In these two situations, a verbal directive may be given by one of these University representatives to stop work until all discrepancies are resolved.
3.3 Contractor’s Responsibilities:
3.3.2 Contractor’s Management Personnel: A superintendent shall be on site at all times while work is in progress. No worker under the age of 18 shall be on the job site.
3.3.2.1 A superintendent (with OSHA 30 (etc.) certification) shall be on site at all times while work is in progress. No worker under the age of eighteen (18) shall be on the job site. HMA CP#522444 091214 SC-3
3.3.12 Ancillary Areas:
3.3.12.2 The Contractor may NOT erect temporary buildings.
3.3.12.5 Contractor Use of Premises: The Contractor shall limit his use of the premises to the work indicated.
3.3.12.5.1 ONGOING CAMPUS OPERATIONS: Each project is surrounded by continuously functioning campus facilities, including housing, academic and research efforts, etc. The Contractor shall make every effort to avoid disruptions to ongoing campus activities and to maintain a safe environment for students, faculty, and staff in the areas adjacent to each project. Campus utilities must not be interrupted except when scheduled and approved in advance through established channels. 3.3.12.5.2 Proposers are responsible for having visited the site and having determined the general and specific working conditions and limitations, ingress and egress capabilities, any needed measurements, calculations, or special equipment requirements. Failure to do so, for any reason, will not relieve the proposer from responsibility for successfully performing and completing the work, without additional expense to the University. 3.3.12.5.3 Confine operations at the site to the areas permitted under the Contract. Portions of the site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction. 3.3.12.5.4 The facility will only be available during the scheduled construction time period from 8:00 A.M. to 5:00 P.M. (CST) Monday through Friday. Should the Contractor wish to work during other times, including weekends or nights, Contractor must notify the Owners Designated Representative in writing, a minimum of TWO (2) WORKING DAYS in advance so that the University Police Department may be notified. The Contractor must receive written authorization. In order to prevent disruption during the Owner’s special events, the Contractor must comply with the following no-work period(s) special requirements:
HMA CP#522444 091214 SC-4
3.3.12.5.4.1 FINALS NO WORK TIMES: Noise and disruption is of particularly concern during semester (fall, spring and summer sessions) final exam periods and final exam study periods. The Contractor must curtail all objectionable noise operations so as not to disturb final exam study periods, exams, etc. Contractors shall not work during the above times, unless requested to and approved by the Owner. It is possible that this project may require concrete saw cutting, coring, jackhammer, and other noise producing activities. Contractor shall schedule this work a minimum of TWO (2) WORKING DAYS in advance and be prepared to perform this work outside of normal business hours: 3.3.12.5.4.1.1 Final Exam, Quiet Times and Study Periods: a.) Fall Semester study period: December 8th-9th and 14th, 2014. b.) Fall Semester exam schedule: December 10th- 13th and 15th-16th, 2014. c.) Spring Semester study period: May 11th-12th and 17th, 2015. d.) Spring Semester exam schedule: May 13th-16th and 18th-19th, 2015. 3.3.12.5.4.2 COMMENCEMENT WORK RESTRICTIONS: Special consideration during the period from Thursday through Sunday of May Commencement Week shall be made to ensure that all work is curtailed and site staging areas are safe, orderly and secured to the satisfaction of the Owner. 3.3.12.5.4.3.1 Dates of Commencement: May 22nd-23rd, 2015.
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3.3.12.5.5 SCHEDULE: The Contractor shall submit a construction schedule which meets the specified construction completion date and accounts for the special requirements of no-work period(s) above. These periods shall not be considered acceptable justification to appeal the assessment of liquidated damages in accordance with Article 9.11 or as the basis for Contractor claims associated with Owner-caused delays. 3.3.12.5.6 NOISE CONTROL: Equipment locations and timing or sequence of work operations shall be coordinated so as to not conflict with the Owner's continuing use of adjacent buildings and/or create any interference with scheduled meetings or events. This particularly is of concern during semester (fall, spring and summer sessions) final exam periods and final exam study periods. The Contractor must curtail all objectionable noise operations so as not to disturb classes and exams, etc. Contractors shall not work during the above times, unless requested to and approved by the Owner. It is possible that this project may require concrete saw cutting, coring, jackhammer, and other noise producing activities. Contractor shall schedule this work a minimum of Two (2) Working Days in advance and be prepared to perform this work outside of normal business hours [8:00 A.M. to 5:00 P.M. (CST) Monday through Friday]. 3.3.12.5.7 Keep existing driveways and entrances serving the premises clear and available to the Owner and his employees at all times. Do not use these areas for parking or storage of materials, unless approved in advance by the Owner. 3.3.12.5.8 The Contractor shall be responsible for the protection of existing building surfaces, both interior and exterior, utilities, exterior structures, pavement, sidewalks, grass, trees and plant materials, irrigation systems, and all component parts and equipment. Any damage to existing areas will be repaired at the responsibility of the Contractor with the approval of the Owner. Repairs not satisfactorily completed will be done by the Owner and deducted from the Contractors contract amount.
HMA CP#522444 091214 SC-6
3.3.12.5.8.1 Upon completion of work, Contractor shall provide solid Bermuda sod, as approved by Owner, over grass set-up areas and any previously sodded area that was damaged by construction activity. Prepare and place as recommended by sod supplier and provide erosion control blankets to prevent erosion until sodded areas are established. In set-up areas where existing shrubbery is damaged, Contractor shall match size, type, and spacing of adjacent, undamaged shrubs and install per recommendations of supplier. Contractor is responsible for maintenance of all new landscaping until it is established and can be sustained by the Owner's established maintenance schedule. 3.3.12.5.8.2 Provide covered and protected walkways as indicated on Plans and at each building entrance or pedestrian route over which work may occur or that is near ongoing work. 3.3.12.5.8.3 Repair all damage to irrigation system with licensed irrigation specialist. 3.3.12.5.9 No storage will be allowed outside the building unless previously approved by the owner. 3.3.12.5.10 Storage of materials to be used in the contract is the responsibility of the Contractor. The Owner may provide an area to store materials. The security of the storage area is the responsibility of the Contractor. Contractors are encouraged to limit storage of materials to a minimum. Material storage is not allowed for pesticides and other hazardous materials that are the property of the Contractor. Storage and set-up will be allowed only at the locations indicated on Plans and shall be enclosed with self-supporting 6' tall chain-link fencing (unless specifically indicated elsewhere in the contract documents). 3.3.12.5.11 Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials and location of storage sheds to the areas indicated. If additional storage is necessary obtain and pay for such storage off site. 3.3.12.5.12 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.
HMA CP#522444 091214 SC-7
3.3.12.5.13 Minimal allocations shall be provided for Contractor parking and staging. Each project shall be coordinated through the Construction Coordinator. Additional parking and staging shall be the responsibility of the Contractor (through UT Garages (with fees) or off-site locations). Contractor shall be responsible for compliance. 3.3.12.5.14 All vehicles parked on University property must have a parking permit. Contractor shall make every effort to carpool when possible. 3.3.12.5.15 Employee Background Check: For any projects located in residence halls, child care facilities, areas of high security, projects near control substances or items and other projects as specifically required, each individual who will come onto the University Campus under this Agreement will be an employee of Contractor or an employee of a permitted subcontractor engaged by Contractor. Contractor is responsible for the performance of all individuals performing the work under this Agreement. Prior to commencing its operations under this Agreement, Contractor will (1) provide University with a list (“List”) of all individuals who may be assigned to perform the service, and (2) have an appropriate criminal background screening performed on all such individuals. Contractor shall determine on a case-by-case basis whether each individual assigned to perform the services is qualified to provide such services. Contractor will not knowingly assign any individual to provide services on University’s Campus who has a history of criminal conduct unacceptable for a university campus, including violent or sexual offenses. For any contractor employee with criminal convictions, the contractor shall review the nature of the offense, but not the name of the employee, with the Project Manager or Owner’s representative who may make a recommendation to the contractor of whether the employee should be allowed to work under this agreement. Contractor will update the List each time there is a change in the individuals assigned to perform the services. Prior to commencing performance of the services under this Agreement, Contractor will provide University a letter signed by an authorized representative certifying compliance with the section of the Agreement. Contractor will provide University an updated certification letter each time there is a change in the individuals assigned to perform the services.
HMA CP#522444 091214 SC-8
3.3.12.5.16 Keys and Access Cards: The University Residence Halls and other specific projects may have a card access system, which prohibits unauthorized access. Contractors will be issued a card (or cards) based on the access needed to complete the job. These cards will be activated only for the days of the contract and only for the hours that the Contractor is allowed to work. The Contractor must keep records of who is issued access cards and/or keys and must account for these on a daily basis. The Contractor shall immediately notify the Owner if an access card or key cannot be accounted for. University Residence Halls and University Apartments have controlled keyways, which restrict access. Contractors will be issued a key (or keys) to gain access to their job site. All doors, whether card access or controlled keyway, shall be kept locked at all times by the Contractor. Doors shall not be propped open at any time. 3.3.12.5.17 Security: The Contractor assumes all liability for any action which may occur as the result of failing to secure an area. Additionally, the Contractor assumes all expenses incurred as the result of the loss of a security access card or key. As the result of the loss of a master key, an entire building will have to be re-keyed, with the expense charged to the Contractor. 3.3.12.5.18 Tobacco-Free Campus: Effective April 9, 2012, The University of Texas at Austin is tobacco-free. The use of tobacco products is prohibited in all University buildings and on all University grounds, including Main Campus and all outlying facilities. This includes but is not limited to construction trailers, sidewalks, walkways, attached parking structures and university owned buildings. The University Policy can be found on the University website at: www.utexas.edu/tobaccofree. 3.3.12.5.19 All employees of the Contractor, while on the job site, shall maintain appropriate appearance. This shall include proper dress for the job (i.e. shirt and shoes to be worn at all times). This shall also include proper identification. A Contractor's employee may be asked to show identification by the Owner's staff at any time. All persons on the site shall wear all required personal safety devices as required by OSHA and all requirements of the contract documents. 3.3.12.5.20 All employees of the Contractor shall maintain proper conduct in regard to personal actions and contact with students or staff members while on University property. This shall include limiting relations or interference with students or staff to circumstances required by the job. This shall also include no drug and/or alcohol use and no profane language. Any employee of the Contractor engaging in improper conduct will be required to be permanently removed from the job site.
HMA CP#522444 091214 SC-9
3.3.12.5.21 The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, national origin, or disability. 3.3.12.5.22 Maintain the existing building in a safe and weather-tight condition throughout the construction period. Repair damage caused by construction operations. Take all precautions necessary to protect the building and its occupants during the construction period. 3.3.12.5.23 Keep public areas such as hallways, stairs, elevator lobbies and toilet rooms free from accumulation of waste material, rubbish or construction debris. 3.3.12.5.24 The Contractor is responsible for disposal of all waste generated as a result of their contract. No trash or other waste materials are allowed to be placed in any University trash containers, litter containers, or dumpsters. No chemical or other liquid or solid wastes are allowed to enter storm sewers. The use of sanitary sewer drains for liquid disposal shall be in accordance with manufacturer's requirements and only with prior approval by Owner. The Owner reserves the right to determine the appropriate location for sanitary sewer disposal or to deny the use of sanitary sewers for certain materials. The Contractor assumes all liability for improper waste disposal and for repaying the University for expenses which may result from violations of this section. Also refer to disposal requirements in Article 18. 3.3.12.5.25 Open fires will not be permitted within the building enclosure or on the premises. 3.3.12.5.26 Except for designated toilet rooms for use by the Contractor's personnel, use of existing toilets within the building, by the Contractor and his personnel, will not be permitted. Toilets used shall be left in a clean and fully operational condition, to the satisfaction of the Owner. 3.3.12.5.26.1 Contractor shall provide and maintain portable toilet facility. Use of existing toilets within the building, by the Contractor and his personnel, will not be permitted.
HMA CP#522444 091214 SC-10
3.3.12.5.27 The Contractor shall be responsible for initiating, maintaining, and supervising safety precautions and programs associated with the work. It shall be the duty and responsibility of the Contractor to comply with all pertinent sections of the Occupational Safety and Health Act of 1975, and all amendments thereof, as well as all requirements of the contract documents. The Contractor shall do all things necessary and provide all equipment and labor necessary to protect students, staff, faculty, and the general public from dangers associated with the contract. Walkways, parking areas, and other areas surrounding the job site will be in use and given priority. The University shall not be held responsible for failure of the Contractor to perform the job in a safe manner. 3.3.12.5.28 Owner Occupancy: The Owner and students will not occupy the site and the existing building during the entire period of construction. 3.3.12.5.29 Protect Owner's and User's facilities and property throughout the Project with which the Contractor comes in contact. Contractor shall photo-document site prior to construction and document any existing damage that might be misconstrued as damage due to his construction activities. Make the observations known to the Owner immediately. 3.3.12.5.30 Do not load any structure such that it endangers the structure. If a determination of a structure's ability to sustain construction loads is required, it is the responsibility of, and at the expense of, the Contractor to retain a structural Manager (registered in the State of Texas) to determine the adequacy of the structure to sustain the loads in question. 3.3.12.5.31 Assume full responsibility for protection and safekeeping of equipment on premises. 3.3.12.5.32 Request permission of the Construction Coordinator a minimum of SEVEN (7) CALENDAR DAYS in advance if it is desired to block public thoroughfares. Construction Coordinator’s permission must be received prior to any closings. Contractor shall provide all signage and labor required to create and maintain altered traffic flow. 3.3.12.5.33 Report in writing to Project Manager within 48 hours of occurrence of an unusual or significant event. Report shall include chain of events, participants, response, consequences, and evaluations. 3.3.12.5.34 Perform the work with qualified mechanics. 3.3.12.5.35 Dispose of all trash, debris, or removed material at a legal site. 3.3.12.5.36 Provide sufficient manpower to ensure the maintenance of environmental controls. 3.3.12.5.37 Maintain a project log throughout the construction period and provide to Project Manager upon his request. 3.3.12.5.38 All roof access shall be from the exterior or existing roof hatches. HMA CP#522444 091214 SC-11
ARTICLE 6. CONTRACT DOCUMENTS
6.1 Drawings & Specifications:
6.1.1 The original drawings and Specifications of existing buildings may be available. Contact the ODR to arrange their review.
ARTICLE 7. CONSTRUCTION SAFETY
7.6 Trenching Plan:
7.6.1 Contractor shall submit a proposed trench safety plan that is sealed by a professional engineer licensed in the State of Texas. Receipt and approval of the plan is a prerequisite to commencing any trenching work on the site.
7.7 The University of Texas at Austin Specific Safety Requirements;
7.7.5.2.4 Lifting Operations: 7.7.5.2.4.1 All roof work must conform to UT and OSHA standards. 7.7.5.2.4.2 Any disruption to traffic due to crane or other types of lifts must be coordinated with the University Construction Coordinator. 7.7.5.2.4.3 All areas under lifting operation from crane or other types of lifts shall be roped off and manned at all lift times for safety of university students and personnel. 7.7.5.2.5 No Removal of existing equipment is allowed before new equipment is received onsite. 7.7.5.2.6 Provide temporary exhaust for both exhaust risers after removal of existing exhaust fans until OA units are online. 7.7.5.2.7 All Utility Disruptions must be returned to original state at the end of the day. (No overnight disruptions). 7.7.5.2.8 Coordinate all safety items with the University Construction Coordinator. 7.7.5.2.9 The installation of all scaffolding and similar erected set-up equipment shall be sealed by a professional engineer licensed in the State of Texas. Cover the bottom 16’ of any scaffolding with plywood and provide an access door that can be secured with a chain and padlock. Provide self-supporting, six-foot tall chainlink fence around all scaffolding to prevent pedestrians from getting close enough to be struck by falling debris.
HMA CP#522444 091214 SC-12
ARTICLE 8. QUALITY CONTROL
8.3 Submittals
8.3.1 Contractor’s Submittals
8.3.1.1.1 Final Air Handler Units (AHU), pumps and other long lead component Submittals (that may affect construction schedule) shall be submitted for review one week after the date of the Notice to Proceed Letter. Owner review will be complete within one (1) week of submission date of all related submittals. AHU’s shall be delivered onsite no later than twelve (12) weeks after the date of the Notice to Proceed Letter.
8.3.7 DURING PROPOSAL SOLICITATION, the Owner will only consider requests for substitution only from prime proposers received at least EIGHT (8) CALENDAR DAYS PRIOR TO THE DUE DATE FOR ENVELOPE NO. 01. Requests received after that time will not be considered. In the event a substitution is accepted, all proposers shall be notified of the acceptance in a subsequent Addendum.
8.3.7.1 For products specified by naming one or more products, by indicating the option of selecting equivalent products (for example, by stating "or approved equal") Contractor must submit request as required for substitution, for any product not specifically named. NOTE: These requirements are not intended to limit competition. The purposes of these requirements are as follows: 1. Establish criteria for measuring the equality of proposed substitutions with those specified. 2. Provide all proposers an equal opportunity to bid any approved substitution.
8.3.7.2 Request for substitution shall include:
8.3.7.2.1 Name and address of prime bidder making the submittal. 8.3.7.2.2 Name and address of Manufacturer. 8.3.7.2.3 Trade name. 8.3.7.2.4 Manufacturer's data. 8.3.7.2.5 Model or catalog designation. 8.3.7.2.6 Complete date substantiating compliance of proposed substitution with Contract Documents including catalog with approved installation details. 8.3.7.2.7 Statement that the proposed system has been in use for a minimum of ten years in Texas. 8.3.7.2.8 List of at least five jobs within a reasonable mile radius along with reference names and phone numbers where the proposed alternate system was used under similar conditions. These jobs must be available for inspection by the Owner.
HMA CP#522444 091214 SC-13
8.3.7.3 Substitutions will not be considered if:
8.3.7.3.1 Acceptance will require substantial revision of the Contract Documents. 8.3.7.3.2 Any references investigated provide less than a satisfactory response.
8.6 Owner Quality Control
8.6.1 If deemed necessary, the Owner will provide additional quality control for the Project. It will be performed by an independent agency.
8.6.2 The Owner will not pay for the Contractor’s quality control inspection nor the Contractor’s incidental labor required in assisting with the costs for re-testing areas that fail an initial inspection. The Contractor shall pay for all costs associated with re-testing.
8.6.3 The duties and responsibilities of the Independent Observer shall include:
8.6.3.1 Observe materials and application procedures and to document compliance or noncompliance with Project Specifications and manufacturer's written instruction. 8.6.3.2 Request and observe procedures and provide written report to the Owner. 8.6.3.3 Report observed defects and deficiencies to the Owner. 8.6.3.4 Documentation must include photographs, samples, and reports.
8.6.4 The Independent Observer shall not be responsible for:
8.6.4.1 Acts or omission of the Contractor. 8.6.4.2 Supervision or management of the work. 8.6.4.3 Changes to or interpretations of the Specifications. 8.6.4.4 Safety precautions or procedures. 8.6.4.5 Relieving the Contractor from his obligations and responsibilities as set forth in the Specifications. 8.6.4.6 Any warranty or guaranty of the acceptability of the Contractor's work. 8.6.4.7 Any change in the requirement for the Contractor to fully comply with the provisions of the Contract Documents.
8.6.5 The Independent Observer does not have the authority to direct the Contractor's activities or interfere in any way except to inform the Contractor of observed defects or deficiencies and to report same to the Owner.
HMA CP#522444 091214 SC-14
ARTICLE 9. PROJECT SCHEDULING REQUIREMENTS
9.1 Contract Time:
9.1.1 If awarded the contract, the undersigned further agrees to the following schedule of work:
9.1.1.1 All work for this project must be completed by the end of the day on April 17, 2015.
9.3 Work Progress Schedule:
9.3.2.1 Construction Schedule Update: Update work progress schedule and submittal register weekly.
9.11 Liquidated Damages:
9.11.3 The amount for Liquidated Damages for Owner’s damages as described in Paragraphs 9.1, 9.10, and 9.11 in Uniform General Conditions, shall be as follows: $250.00 PER CALENDAR DAY after the Contract completion date the work remains incomplete. This sum is not construed in any sense as penalty.
ARTICLE 10. PAYMENTS
10.1 Schedule of Values: The Contractor shall submit the Schedule of Values within seven (7) calendar days of Notice to Proceed under the Contract.
ARTICLE 12. PROJECT COMPLETION AND ACCEPTANCE
12.1 Closing Inspections:
12.1.1.3 Prerequisites for substantial completion of roofing, waterproofing, and other required projects shall include, but not limited to, the following: 12.1.1.3.1 Successful leak testing of each portion of the project that may apply; including roofing and gutter work. 12.1.1.3.2 Absence of ponding and satisfactory drainage of all new pavement and drainage systems.
12.3 Acceptance and Payment:
12.3.2 Final Payment Documentation All required Close-Out documents must be submitted to ODR no later than Forty-Five (45) calendar days from the date of Substantial Completion.
HMA CP#522444 091214 SC-15
ARTICLE 13. WARRANTY AND GUARANTEE
13.2 Warranty Period:
13.2.1 Contractor warrants and guarantees all Work against defects in materials, equipment, or workmanship for a period of ONE (1) YEAR (warranty amount) from the date of final acceptance and should be submitted in writing on form approved by the Project Manager. This is in addition to the provisions of this Article in the Uniform General Conditions and any other extended warranties on components or assemblies in the Technical specifications. All warranties shall be submitted and approved in writing prior to final payment.
13.2.2 TWO (2) YEARS Fire Alarm.
ARTICLE 14. SUSPENSION AND TERMINATION
14.1 Suspension of Work for Cause
14.1.4 If, in the opinion of the Project Manager or Construction Coordinator, work is not being performed in accordance with the Project Documents, work may be stopped until all discrepancies are resolved. Extension of Completion Time because of work stoppage must be requested by the Contractor, and, if determined to be merited, approved in writing by the Project Manager.
HMA CP#522444 091214 SC-16
SECTION 01 10 00
SUMMARY OF WORK
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Project description. 2. Work by Others. 3. Contractor use of site and premises.
1.2 PROJECT DESCRIPTION
A. Work of this Project is described as The University of Texas, Hogg Memorial Auditorium, Phase I Renovations, Austin, Texas.
B. Work involves the renovation and upgrade of interior spaces of Hogg Memorial Auditorium to improve its functionality and appearance. The work includes new audio/visual systems and new theatre lighting and rigging. Limited improvements to mechanical, electrical, structural and architectural components are also required. A minor amount of site improvements are also a part of this project.
C. The Project will be constructed under a single prime contractor with the Owner.
1.3 WORK BY OTHERS
A. Separate Contracts: 1. The Owner may execute contracts for additional work at the site that is excluded from the work of this Contract. 2. Work under separate contract may be executed concurrent with Work of this Contract. 3. Cooperate with the Owner and separate contractors to accommodate this requirement. 4. The Owner will furnish items to be installed by the Contractor. Refer to applicable specification sections.
1.4 CONTRACTOR’S USE OF SITE AND PREMISES
A. Limit use of site and premises to allow for: 1. Work by separate contractors. 2. Work by Owner.
B. The building will be closed to normal use during the period of construction.
C. Contractor shall at all times conduct operations in a manner that ensures the safety of the building.
D. Coordinate use of site and premises with the Owner.
E. Move any stored products under Contractor’s control that interfere with the operations of the Owner or separate contractors.
F. Assume full responsibility for protection and safekeeping of products under this Contract stored on site.
Hogg Memorial Auditorium 01 10 00 - 1 ARCHITEXAS Summary of Work CP522444
G. Obtain and pay for use of any additional storage or work areas needed for operations.
PART 2 - PRODUCTS
Not used.
PART 3 - EXECUTION
Not used.
END OF SECTION
Hogg Memorial Auditorium 01 10 00 - 2 ARCHITEXAS Summary of Work CP522444
SECTION 01 22 60
UNIT PRICES
PART 1 - GENERAL
1.1 GENERAL REQUIREMENTS A. Work of this Section, as shown or specified, shall be in accordance with the requirements of the Contract Documents. 1.2 SUMMARY
A. This section specifies administrative and procedural requirements for unit prices. 1. A unit price is an amount proposed by Bidders and stated on the Bid Form as a price per unit of measurement for materials or services that will be added to or deducted from the Contract Sum by Change Order in the event the estimated quantities of Work required by the Contract Documents are increased or decreased.
B. Unit prices include all necessary equipment, materials, overhead, and profit and applicable taxes.
C. The Owner reserves the right to reject the Contractor’s measurement of work-in-place that involves use of established unit prices, and to have this Work measured by an independent surveyor acceptable to the Contractor at the Owner’s expense.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 UNIT PRICE SCHEDULE
A. Unit Price No. 1 – Plaster Repair / Replacement 1. Description: Replace or repair plaster finish beyond that indicated in base contract work. Remove area of damaged plaster finish to sound substrate. Replace plaster finish to provide a seamless transition between new and existing plaster. 2. Related Specification Section: a. Section 09 23 01 – Gypsum Plaster Restoration. 3. Unit of Measurement: Per square foot.
B. Unit Price No. 2 – Interior Painting 1. Description: Interior painting beyond that indicated in the base contract work. 2. Related Specification Section: a. Section 01 23 00 – Alternates for painting beyond the base contract work. b. Section 02 82 13 – Asbestos / Lead Abatement. c. Section 09 91 23 – Painting and Finishing. 3. Unit of Measurement: a. Opaque finish at walls: Per square foot.
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b. Opaque finish at ceiling: Per square foot.
END OF SECTION
Hogg Memorial Auditorium 01 22 60 - 2 ARCHITEXAS Unit Prices CP522444
SECTION 01 23 00
ALTERNATES
PART 1 – GENERAL
1.1 SUMMARY
A. Section Includes: Documentation of changes to Contract Sum and Contract Time.
B. Contract Documents contain pertinent requirements for materials and methods to accomplish work described herein.
C. Provide alternate costs for inclusion in Contract Sum if accepted by Owner.
1.2 RELATED REQUIREMENTS
A. Owner-Contractor Agreement: Alternates accepted by Owner for incorporation into the Work.
B. Individual specification sections identified.
1.3 PROCEDURES
A. Alternates will be exercised at the option of Owner.
B. Coordinate related work and modify surrounding work as required to complete the work, including changes under each Alternate, when acceptance is designated in Owner-Contractor Agreement.
1.4 DESCRIPTION OF ALTERNATES
A. Alternate No. 1: STAGE RIGGING AND STAGE LIGHTING 1. Base Bid: Existing stage rigging and lighting to remain as is. 2. Alternate Bid: Replace existing stage rigging and lighting as indicated in the Drawings. 3. Related Specification Section(s): a. Section 11 61 33 – Theatre Rigging, Curtains and Tracks b. Section 26 09 61 – Theatrical Lighting, Control and Equipment
B. Alternate No. 2: CURTAINS 1. Base Bid: Existing stage curtains are to remain except for new Front Stage Curtain and Valance. 2. Alternate Bid: Remove existing stage curtains and provide the following as indicated in the Drawings: (1) one set of leg curtains, (3) three border curtains, (2) two traveler curtains, (1) Sharkstooth scrim, and (1) Back drop 3. Related Specification Section(s): a. Section 11 61 33 – Theatre Rigging, Curtains and Tracks
C. Alternate No. 3: STONE PLANTERS AND AREAWAY 1. Base Bid: Existing exterior planters areaway on south side of building to remain as is. 2. Alternate Bid: At interior of planter, remove existing irrigation and cap, remove landscaping, soil, gravel, and miscellaneous fill to expose planter and building walls. Restore damage to stone planters and areaway including replacement of damaged stone, resetting displaced stone, repairing stone with stone Dutchman, selectively re-pointing cracked and failing mortar
Hogg Memorial Auditorium 01 23 00 - 1 ARCHITEXAS Alternates CP522444
joints, and replacing sealant at joint between planter/areaway walls and building wall. Prior to the start of masonry restoration work, selectively clean stone in areas of replacement and repair to ensure an acceptable match between new and existing work. Following stone restoration work, fill planters with crushed lime stone base, 1-2 inch diameter, and provide min. 18” deep of Colorado River Rock, 2 1/2 – 4” diameter. Top of river rock to be 4 inches below top of planter. Remove and reinstall loose post sings located within planters; all other post signs and signs fastened to planter walls are to remain. 3. Related Specification Section(s): a. Section 04 01 43 - Chemical Cleaning of Masonry b. Section 04 90 50 - Masonry Restoration c. Section 07 92 00 – Joint Sealers
D. Alternate No. 4: LOBBY CARPET 1. Base Bid: Existing VAT tile flooring to remain in Lobby 110. 2. Alternate Bid: Remove existing VAT tile flooring and provide new carpet tiles with accent carpet tile border in Lobby 110. 3. Related Specification Section(s): a. Section 02 82 13 – Asbestos / Lead Abatement for removal of VAT flooring and mastic b. Section 09 68 81 – Carpet Tile c. Lead Survey and Hazardous Materials Report included in the Appendix of the Project Manual.
E. Alternate No. 5: NOT USED
F. Alternate No. 6: CONDUIT 1. Base Bid: No conduit will be installed. 2. Alternate Bid: Provide 6” diameter House PVC conduit extending from stage to control table, including floor boxes as indicated on the Drawings. Conduit shall be fully concealed. 3. Related Specification Section(s): a. Section 26 05 33 – Raceways, Conduits, and Boxes b. Section 26 27 26 – Wiring Devices and Floor Boxes
G. Alternate No. 7: AUDITORIUM PAINTING AND LIMITED PLASTER RESTORATION 1. Base Bid: Auditorium will not be painted and plaster finish will remain as is with the exception of walls and ceilings where required to be trenched for installation of conduit, piping, and devices for MEP, A/V, and theater lighting that is part of base contract work. 2. Alternate Bid: In Auditorium (102), paint flat plaster walls, ceiling, and standing and running trim 100% that do not currently have decorative painted finish. Do not paint walls and ceiling surfaces beyond opening to proscenium arch. In Entry Vestibules (122 and 127), paint flat plaster walls, ceiling, and standing and running trim 100%. Abate lead based paint coatings.
In Auditorium (102) and Entry Vestibules (122 and 127) restore plaster finishes. Assume restoration of 10% of total wall and ceiling area in areas indicated. Restoration work includes: Removal of damaged or deteriorated plaster to solid substrate; Replacement of damaged and deteriorated plaster; Repairing cracks, holes, deep gouges and indentations and; Repairing profiled elements where scheduled to be painted as part of this alternate. Provide a seamless transition between new and existing plaster and finish as required to match texture of original surface.
Provide access as required to complete the work.
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3. Related Specification Section(s): a. Section 02 82 13 – Asbestos / Lead Abatement b. Section 09 23 01 – Gypsum Plaster Restoration c. Section 09 91 23 – Interior Painting and Finishing d. Lead Survey and Hazardous Materials Report included in the Appendix of the Project Manual.
H. Alternate No. 8: AUDITORIUM SEATING 1. Base Bid: Existing seating will remain as is. 2. Alternate Bid: Restore existing seating at main floor of Auditorium, Approximately 818 seats, to fully function condition. 3. Related Specification Section(s): a. Section 12 61 00 – Restoration of Fixed Audience Seating b. Limited Interior Finish Analysis for The University of Texas Hogg Auditorium included in the Appendix of the Project Manual, Volume 2.
PART 2 – PRODUCTS
2.1 Not used.
PARTS 3 – EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 23 00 - 3 ARCHITEXAS Alternates CP522444
SECTION 01 26 00
CONTRACT MODIFICATION PROCEDURES
PART 1- GENERAL
1.1 SUMMARY
A. Section Includes: 1. Architect's Supplemental Instructions. 2. Proposal Requests. 3. Contractor’s proposed changes. 4. Construction Change Directives. 5. Change Orders.
B. Related Sections: 1. Section 01600 - Product Requirements.
1.2 CHANGE PROCEDURES
A. Architect's Supplemental Instructions: 1. Architect will advise of minor changes in Work not involving an adjustment to Contract Sum or Contract Time as authorized by the Conditions of the Contract. 2. Format: AIA Document G710 - Architect's Supplemental Instructions.
B. Proposal Requests: 1. Architect may issue a Proposal Request that includes a detailed description of a proposed change with supplemental or revised Drawings and Specifications. 2. Format: AIA Document G709 - Proposal Request. 3. Prepare and submit an estimate of any change to Contract Sum or Contract Time within 7 days.
C. Contractor’s Proposed Changes: 1. Contractor may propose a change by submitting request for change to Architect. 2. Describe proposed change, reason for change, its full effect on Work, and any change to Contract Sum or Contract Time. 3. Document any required substitutions in accordance with Section 01600.
D. Construction Change Directive: 1. Architect may issue a directive, signed by Owner, instructing Contractor to proceed with a change for subsequent inclusion in a Change Order. Document will describe changes in Work and designate method of determining any change to Contract Sum or Contract Time. Promptly execute change. 2. Format: AIA Document G713 - Construction Change Directive.
E. Change Orders: 1. Format: AIA Document G701 - Change Order. 2. Execution: Architect will issue Change Orders for signature of parties as provided in Conditions of the Contract.
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1.3 DISTRIBUTION
A. Distribute copies of change procedure documents to Owner, Architect, and subcontractors and suppliers as applicable.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 26 00 - 2 ARCHITEXAS Contract Modification Procedures CP522444
SECTION 01 29 00
PAYMENT PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Schedule of Values. 2. Applications for Payment.
1.2 SCHEDULE OF VALUES
A. General: 1. Submit a Schedule of Values to Owner and Architect at least 20 days prior to submitting first Application for Payment. 2. Upon request of Owner or Architect, furnish additional data to support values given that will substantiate their correctness. 3. Approved Schedule of Values will be used as basis for reviewing Contractor’s Applications for Payment.
B. Form and Content: 1. Format: AIA Document G703 - Continuation Sheet of Application and Certification for Payment. Contractor’s standard electronic media printout will be considered. 2. Use Table of Contents of Project Manual as basis of format for listing costs of Work. 3. List installed value of component parts of Work in sufficient detail to serve as basis for computing values for progress payments. Include separate line items for: a. Site mobilization. b. Bonds and insurance. c. Contractor’s overhead and profit. d. Labor and materials. 4. For items on which payment will be requested for stored materials, break down value into: a. Cost of materials, delivered and unloaded. b. Total installed value. 5. For each line item that has a value of more than $25,000.00, break down costs to list major products or operations under each item. 6. Total of costs listed in Schedule shall equal Contract Sum.
C. Review and Resubmittal: 1. After initial review by Owner and Architect, revise and resubmit if required. 2. Revise and resubmit along with next Application for Payment when a Change Order is issued. List each Change Order as a new line item.
1.3 APPLICATIONS FOR PAYMENT
Hogg Memorial Auditorium 01 29 00 - 1 ARCHITEXAS Payment Procedures CP522444
A. Preparation: 1. Format: AIA Document G702 - Application and Certification for Payment, supported by AIA Document G703 - Continuation Sheet. Contractor’s standard electronic media printout will be considered. 2. Prepare required information in typewritten format or on electronic media printout. 3. Use data from reviewed Schedule of Values. Provide dollar value in each column for each line item representing portion of work performed. 4. List each authorized Change Order as a separate line item, listing Change Order number and dollar value. 5. Prepare Application for Final Payment as specified in Section 01770.
B. Waivers of Lien: 1. Along with the each Application for Payment, submit waivers of lien from each Subcontractor or Sub-subcontractor included on the current month's Application for Payment. 2. Submit partial waivers on each item for amount requested, prior to deduction of retainage. 3. For completed items, submit full or final waiver.
C. Substantiating Data: 1. When Owner or Architect requires substantiating information, submit data justifying dollar amounts in question. 2. Provide one copy of data with cover letter showing Application number and date, and line item number and description.
D. Submittal: 1. Submit three copies of each Application for Payment. 2. Payment period: Submit at intervals stipulated in Agreement.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 29 00 - 2 ARCHITEXAS Payment Procedures CP522444
SECTION 01 31 00
PROJECT MANAGEMENT AND COORDINATION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Project coordination. 2. Project meetings.
1.2 PROJECT COORDINATION
A. Coordinate scheduling, submittals, and work of various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements.
B. Verify that utility requirement characteristics of operating equipment are compatible with building utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment.
C. Coordinate completion and clean up of work of separate Sections in preparation for Substantial Completion.
D. Coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents to minimize disruption of Owner's activities.
1.3 PROJECT MEETINGS
A. Schedule and administer preconstruction conference and progress meetings.
B. Make physical arrangements for meetings; notify involved parties at least four days in advance.
C. Record significant proceedings and decisions at each meeting; reproduce and distribute copies to: 1. Parties in attendance. 2. Others affected by proceedings and decisions made.
1.4 PRECONSTRUCTION CONFERENCE
A. Schedule within 15 days after date of Notice to Proceed at project field office or other central site, convenient to all parties.
B. Attendance: 1. Architect. 2. Contractor. 3. Major subcontractors and suppliers as Contractor deems appropriate.
C. Review and Discuss: 1. Relation and coordination of various parties, and responsible personnel for each party. 2. Use of premises, including office and storage areas, temporary controls, and security procedures. 3. Construction schedule and critical work sequencing.
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4. Processing of: a. Contract modifications. b. Shop Drawings, Product Data, and Samples. c. Applications for Payment. d. Substitutions. e. Other required submittals. 5. Adequacy of distribution of Contract Documents. 6. Procedures for maintaining contract closeout submittals. 7. Installation and removal of temporary facilities. 8. Notification procedures and extent of testing and inspection services.
1.5 PROGRESS MEETINGS
A. Schedule periodic progress meetings as required by the progress of the Work.
B. Location: Contractor’s project field office.
C. Attendance: 1. Architect and consultants as appropriate to agenda. 2. Contractor. 3. Subcontractors and suppliers as appropriate to agenda. 4. Others as appropriate to agenda.
D. Review and Discuss: 1. Work progress since previous meeting, including: a. Field observations, deficiencies, conflicts, and problems. b. Progress and completion date. c. Corrective measures needed to maintain quality standards, progress, and completion date. 2. Status of: a. Requests for Information (RFIs). b. Contract Modifications. 3. Coordination between various elements of Work. 4. Maintenance of Project Record Documents.
PART 2- PRODUCTS
2.1 Not used.
PART 3 EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 31 00 - 2 ARCHITEXAS Project Management and Coordination CP522444
SECTION 01 32 00
CONSTRUCTION PROGRESS DOCUMENTATION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Progress schedule. 2. Photographic Documentation.
B. Related Sections: 1. Section 01290 - Payment Procedures. 2. Section 01330 - Submittal Procedures: Shop Drawings, Product Data, and Samples. 3. Section 01770 - Closeout Procedures.
1.2 PROGRESS SCHEDULE
A. Format: 1. Prepare Schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying first work day of each week. 2. Sequence of listings: The chronological order of the start of each item of Work. 3. Scale and spacing: To provide space for notations and revisions. 4. Sheet size: Multiples of 8-1/2 x 11 inches. 5. The Contractor must document construction progress with digital photographs, as appropriate for the scale and complexity of work being performed. Photographs are to be submitted monthly to the Design Professional on a compact disc as a Submittal, concurrent with the monthly Application for Payment. The Submittal documentation must identify the project name and University project number, date the photograph was taken, and exact location (such as Footing for Column B-9). 6. All photographs must be of a resolution approved by UT Austin.
B. Content: 1. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. 2. Identify each item by specification Section number. 3. Provide subschedules to define critical portions of the entire Schedule. 4. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. 5. Provide separate schedule of submittal dates for Shop Drawings, Product Data, and Samples, including: a. Dates reviewed submittals will be required from Architect. b. Decision data for selection of finishes. c. Delivery dates for Owner furnished products. d. Progress payment dates. 6. Coordinate content with Schedule of Values specified in Section 01290. 7. Revisions:
Hogg Memorial Auditorium 01 32 00 - 1 ARCHITEXAS Construction Progress Documentation CP522444
a. Indicate progress of each activity to date of submittal, and projected completion date of each activity. b. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 8. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect.
C. Submittal: 1. Submit initial Schedules to Owner and Architect within 15 days after date of Notice to Proceed. After review, resubmit required revised data within 10 days. 2. Submit revised Progress Schedules with each Application for Payment. 3. Submit the number of opaque reproductions that Construction Manager requires, plus one copy each for Owner and Architect.
D. Distribution: 1. Distribute copies of approved Schedules to project site file, Subcontractors, suppliers, and other concerned parties. 2. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 32 00 - 2 ARCHITEXAS Construction Progress Documentation CP522444
SECTION 01 33 00
SUBMITTAL PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Submittal procedures. 2. Submittal schedule. 3. Proposed Products list. 4. Shop Drawings. 5. Product Data. 6. Samples. 7. Quality control submittals.
B. Related Sections: 1. Section 01400 - Quality Requirements.
1.2 SUBMITTAL PROCEDURES
A. Transmit each submittal along with form approved by Architect.
B. Number each submittal with Project Manual section number and a sequential number within each section. Number resubmittals with original number and an alphabetic suffix.
C. Identify Project Contractor, Subcontractor or supplier, pertinent Drawing sheet and Detail numbers, and Specification section number, as appropriate.
D. Apply Contractor's stamp, signed or initialed certifying that: 1. Submittal was reviewed. 2. Products, field dimensions, and adjacent construction have been verified. 3. Information has been coordinated with requirements of Work and Contract Documents.
E. Schedule submittals to expedite the Project, and deliver to Architect. Coordinate submittal of related items.
F. For each submittal, allow 7 days for Architect’s review, excluding delivery time to and from Contractor.
G. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of completed Work.
H. Provide space for Contractor and Architect review stamps.
I. Revise and resubmit submittals when required; identify all changes made since previous submittal.
J. Distribute copies of reviewed submittals to concerned parties and to Project Record Documents file. Instruct parties to promptly report any inability to comply with provisions.
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1.3 SUBMITTAL SCHEDULE
A. Within 15 days after date of Notice to Proceed, submit a complete list of submittals required for Project to Architect.
B. For each submittal, indicate on schedule: 1. Applicable specification section number. 2. Type of submittal, e.g. Shop Drawing, Product Data, Sample, Certificate, etc. 3. Indication of whether submittal is for review or for information purposes only. 4. Anticipated date of submittal to Architect. 5. Date reviewed copies must be returned to Contractor.
C. Architect will review Submittal Schedule for conformance to requirements of Contract Documents and will return one copy to Contractor with comments as applicable.
1.4 PROPOSED PRODUCTS LIST
A. Within 15 days after date of Notice to Proceed, submit to Architect a complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product.
B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.
1.5 SHOP DRAWINGS
A. Shop Drawings are drawings, diagrams, schedules, and other data specifically prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.
B. Present information in clear and thorough manner.
C. Identify details by reference to sheet and detail numbers or room number shown on Drawings.
D. Maximum Sheet Size: 30 x 42 inches.
E. Submit one reproducible and three opaque copies of each sheet.
F. Architect will return reproducible copies to Contractor for printing and distribution.
1.6 PRODUCT DATA
A. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
B. Mark each copy to identify applicable products, models, options, and other data.
C. Supplement manufacturers' standard data to provide information unique to this Project.
D. Submit two copies.
E. Architect will return one copy to Contractor for printing and distribution. Hogg Memorial Auditorium 01 33 00 - 2 ARCHITEXAS Submittal Procedures CP522444
1.7 SAMPLES
A. Samples are physical examples, which illustrate materials, equipment, or workmanship and establish standards for which the Work will be judged.
B. Submit samples to illustrate functional and aesthetic characteristics of Products, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.
C. Where so indicated, submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for Architect's selection.
D. Include identification on each sample, with full Project information.
E. Unless otherwise specified in individual specifications, submit two of each sample.
F. Architect will notify Contractor of approval or rejection of samples, or of selection of color, texture, or pattern if full range is submitted.
1.8 QUALITY CONTROL SUBMITTALS
A. Quality control submittals specified in Section 01400 are for information and do not require Architect’s responsive action except to require resubmission of incomplete or incorrect information.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 33 00 - 3 ARCHITEXAS Submittal Procedures CP522444
SECTION 01 35 91
RESTORATION PROJECT PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Definitions. 2. Historic significance. 3. Restoration procedures. 4. Historic artifacts. 5. Alterations. 6. Hazardous material procedures.
1.2 DEFINITIONS
A. Match Existing: Provide new materials to match the existing, in place material in all aspects as closely as possible. Existing materials are those, which are visible in whole or in part in the building.
B. Match Original: Provide new materials to match the original material in all aspects as closely as possible. Original materials are those which were originally installed in the building at the time of its completion, prior to previous alterations, and which may predate existing materials.
C. Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property.
D. Reconstruction: The act or process of reproducing, by means of new construction, the form, features, and detailing of a non-surviving building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
E. Refinish: To remove existing finishes to base material and apply new finish to match original, or as otherwise indicated.
F. Reinstall: To protect removed or dismantled item, repair and clean it as indicated for reuse, and reinstall it in original position, or where indicated.
G. Repair: To correct damage and defects, retaining existing materials, features, and finishes while employing as little new material as possible. This includes patching, piecing-in, splicing, consolidating, or otherwise reinforcing or upgrading materials.
H. Replace: To remove, duplicate, and reinstall entire item with new material. The original item is the pattern for creating duplicates unless otherwise indicated.
I. Replicated: To reproduce in exact detail, materials, and finish unless otherwise indicated.
J. Reproduce: To fabricate a new item, accurate in detail to the original, and from either the same or a similar materials as the original, unless otherwise indicated.
K. Restoration: The act or process of accurately depicting the form, features, and character as it appeared at a particular time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.
L. Retain: To keep existing items that are not to be removed or dismantled.
Hogg Memorial Auditorium 01 35 91 - 1 ARCHITEXAS Restoration Project Procedures CP522444
M. Reversible: New construction work, treatments, or processes that can be removed or undone in the future without damaging historic materials unless otherwise indicated.
N. Salvage: To protect removed or dismantled items and deliver them to Owner or prepare for reuse.
O. Strip: To remove existing finish down to base material unless otherwise indicated.
1.3 QUALITY ASSURANCE
A. Restoration Procedures: 1. Preserve existing materials, finishes, and profiles. 2. Blend new and existing work to provide smooth transitions and uniform appearance. 3. Cease work, notify Contractor, and await instructions if materials or conditions encountered at the site are not as indicated by the Contract Documents or if structure is in danger of movement or collapse.
1.4 MATERIALS OWNERSHIP
A. Historic items, relics, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, antiques, and other items of interest or value to Owner that may be encountered or uncovered during the Work, regardless of whether they were previously documented, remain Owner’s property.
1.5 STORAGE AND HANDLING OF HISTORIC MATERIALS
A. Salvaged Historic Materials 1. Clean loose dirt and debris from salvaged historic items unless more extensive cleaning is indicated. 2. Pack or crate items after cleaning; cushion against damage during handling. Label contents of containers. 3. Store items in a secure area until delivery to Owner. 4. Transport items to Owner’s storage area. 5. Protect items from damage during transport and storage.
B. Historic Materials for Reinstallation: 1. Repair and clean historic items for reuse as indicated. 2. Pack or crate items after cleaning and repairing; cushion against damage during handling. Label contents of container. 3. Protect items from damage during transport and storage. 4. Reinstall items in locations indicated. Comply with installation requirements for new materials and equipment unless otherwise indicated. Provide connections, supports, and miscellaneous materials to make item functional for use indicated.
C. Existing Historic Materials to Remain: Protect construction indicated to remain against damage and soiling from construction work. Where permitted by Architect, items may be dismantled and taken to a suitable, protected storage location during construction work and reinstalled in their original locations after historic treatment and construction work in the vicinity is complete.
D. Storage: Catalog and store historic items within a weathertight enclosure where they are protected from moisture, weather, condensation, and freezing temperatures. 1. Identify each item with a nonpermanent mark to document its original location. Indicate original locations on plans, elevations, sections, or photographs by annotating the identifying marks. 2. Secure stored materials to protect from theft.
Hogg Memorial Auditorium 01 35 91 - 2 ARCHITEXAS Restoration Project Procedures CP522444
3. Control humidity so that it does not exceed 85 percent. Maintain temperatures 5 deg F or more above the dew point.
PART 2 - PRODUCTS 2.1 MATERIALS
A. New Materials: 1. Provide new materials to match existing adjacent materials or original materials for closing of openings, repairs, and reconstructions where suitable salvaged materials do not exist, are insufficient in quantity, or where reuse is not permitted. 2. Retain samples of existing and original materials on site for comparison purposes. 3. Match existing materials in material, type, size, quality, color, finish, and other attributes. B. Reused Materials: 1. Clean and prepare salvaged materials for reuse. 2. Do not use materials with objectionable chips, cracks, splits, dents, scratches, or other defects. 3. Repair operable items to function properly.
PART 3 - EXECUTION
3.1 PREPARATION
A. Test materials to be used in repairs for compatibility with existing materials; do not use incompatible materials.
B. Cut, move, or remove items to provide access for alterations and restoration work. Replace and restore upon completion.
C. Protect existing materials and surfaces from damage by construction operations.
3.2 ALTERATIONS
A. Coordinate alterations and renovations to expedite completion.
B. Minimize damage to existing materials and surfaces; provide means for restoring products and finishes to their original or specified new condition.
C. Remove unsuitable materials not marked for salvage.
D. Remove debris and abandoned items from areas of work and from concealed spaces.
E. Refinish visible surfaces to specified condition, with neat transition to adjacent surfaces.
F. Install products and finish surfaces as specified in individual sections, or where no specification section exists, to match existing original.
G. Finish patches to provide uniform color and texture over entire surface, with repairs not discernible from normal viewing distance. If finish cannot be matched, refinish entire surface to nearest intersections.
H. Rework finished surfaces to smooth plane, without breaks, steps, or bulkheads: 1. Where new work abuts or aligns with existing, provide smooth and even transition. 2. Where a change in plane of 1/4 inch or more occurs, submit recommendation to Architect for transition.
Hogg Memorial Auditorium 01 35 91 - 3 ARCHITEXAS Restoration Project Procedures CP522444
I. Where alterations expose mechanical and electrical components, which were previously concealed, rework to be concealed in completed work.
END OF SECTION
Hogg Memorial Auditorium 01 35 91 - 4 ARCHITEXAS Restoration Project Procedures CP522444
SECTION 01 40 00
QUALITY REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. References. 2. Quality assurance and control of installation. 3. Manufacturer's field services and reports. 4. Test reports and certifications. 5. Manufacturer's installation instructions.
1.2 REFERENCES
A. For products or workmanship specified by reference to association, trade, or industry standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.
B. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding.
C. Conform to edition of reference standard in effect as of date of Project Manual.
D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.
1.3 QUALITY ASSURANCE AND CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality.
B. Comply fully with manufacturers' instructions, including each step in sequence.
C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding.
D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.
E. Perform work by persons qualified to produce workmanship of specified quality.
F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement.
1.4 MANUFACTURERS' FIELD SERVICES AND REPORTS
A. When specified in individual specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, or startup of equipment, as applicable, and to initiate instructions when necessary.
Hogg Memorial Auditorium 01 40 00 - 1 ARCHITEXAS Quality Requirements CP522444
B. Individuals to report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.
C. Submit report to Architect for review in duplicate within 10 days of observation.
1.5 TEST REPORTS AND CERTIFICATIONS
A. When specified in individual specification Sections, require material or Product suppliers or manufacturers to provide test reports and manufacturers’ certifications.
B. Indicate that material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate.
C. Submittals may be recent or previous test results on material or Product, but must be acceptable to Architect.
D. Submit two copies of each report.
1.6 MANUFACTURER'S INSTALLATION INSTRUCTIONS
A. When Contract Documents require that Products be installed in accordance with manufacturer's instructions: 1. Submit manufacturer's most recent printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, as applicable. a. Submit in quantities specified for Product Data. b. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. c. Identify conflicts between manufacturers' instructions and requirements of Contract Documents. 2. Perform installation of Products to comply with requirements of manufacturer's instructions. 3. If installation cannot be performed in accordance with manufacturer's instructions, notify Architect and await instructions.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 40 00 - 2 ARCHITEXAS Quality Requirements CP522444
SECTION 01 50 00
TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Temporary utilities. 2. Field offices and sheds. 3. Temporary controls. 4. Protection of installed Work. 5. Progress cleaning. 6. Dust control. 7. Removal.
1.2 TEMPORARY ELECTRICITY
A. Connect to existing electrical system for electricity required during construction.
B. Owner shall pay cost of electricity used from existing electric service.
C. Provide and pay for required service of capacity or characteristics other than that currently available.
D. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required.
E. Maintain distribution system and provide routine repairs.
1.3 TEMPORARY WATER
A. Connect to existing water source for water required for construction.
B. Owner shall pay costs of water used from existing water service.
C. Extend branch piping and provide temporary hoses so that water is available at locations needed for work.
D. Protect from freezing.
E. Maintain distribution system and provide routine repairs.
1.4 TEMPORARY SANITARY FACILITIES
A. Provide chemical toilets for use during construction.
B. Permanent toilets may not be used during construction.
C. Maintain facilities in clean and sanitary condition.
1.5 STORAGE SHEDS
A. Provide temporary storage sheds required for construction.
Hogg Memorial Auditorium 01 50 00 - 1 ARCHITEXAS Temporary Facilities and Controls CP522444
B. Do not unreasonably encumber site or premises with excess materials or equipment.
1.6 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from construction operations.
1.7 PROTECTION OF INSTALLED WORK
A. Protect installed work from construction operations; provide special protection when required in individual specification sections.
B. Minimize traffic, storage, and construction activities on roof surfaces. If traffic, storage, or activity is necessary, obtain recommendations for protection from roofing manufacturer.
C. Prohibit traffic from landscaped areas.
1.8 PROGRESS CLEANING
A. Maintain areas free from waste materials, debris, and rubbish. Maintain site in clean and orderly condition.
B. Provide containers for collection of waste materials, debris, and rubbish; remove and dispose of off site as required by construction activities.
C. Periodically clean interior areas to provide suitable conditions for finish work.
1.9 TEMPORARY CONTROLS
A. Dust Control: 1. Provide dust control materials and methods to minimize dust from construction operations. 2. Prevent dust from dispersing into occupied spaces.
1.10 REMOVAL
A. Remove temporary utilities, equipment, facilities, and services when construction needs can be met by use of permanent construction or upon completion of Project.
B. Clean and repair damage caused by installation or use of temporary work.
C. Restore existing and permanent facilities used during construction to original or to specified condition.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION Hogg Memorial Auditorium 01 50 00 - 2 ARCHITEXAS Temporary Facilities and Controls CP522444
SECTION 01 60 00
PRODUCT REQUIREMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Products. 2. Transportation and handling. 3. Storage and protection. 4. Reuse of existing materials. 5. Product options. 6. Substitutions.
1.2 PRODUCTS
A. Provide interchangeable components by the same manufacturer for identical items.
B. Do not reuse materials and equipment removed from existing construction in completed Work, except as specifically permitted by the Contract Documents.
1.3 TRANSPORTATION AND HANDLING
A. Coordinate delivery of Products to prevent conflict with Work and adverse conditions at site.
B. Transport and handle Products in accordance with manufacturer's instructions.
C. Promptly inspect shipments to ensure that Products comply with requirements of Contract Documents, are undamaged, and quantities are correct.
D. Provide equipment and personnel to handle products by methods to prevent damage.
1.4 STORAGE AND PROTECTION
A. Store and protect Products in accordance with manufacturer's instructions with manufacturer's seals and labels intact and legible.
B. Store Products on site unless prior written approval to store off site has been obtained from Owner.
C. Store Products subject to damage by elements in weathertight enclosures. Maintain temperature and humidity within ranges required by manufacturer's instructions.
D. Exterior Storage: 1. Store fabricated Products above ground; prevent soiling and staining. 2. Cover products subject to deterioration with impervious sheet coverings; provide ventilation to prevent condensation. 3. Store loose granular materials in well drained area on solid surfaces; prevent mixing with foreign matter.
E. Arrange storage areas to permit access for inspection. Periodically inspect stored products to verify that products are undamaged and in acceptable condition.
Hogg Memorial Auditorium 01 60 00 - 1 ARCHITEXAS Product Requirements CP522444
1.5 REUSE OF EXISTING MATERIALS
A. Carefully remove, handle, protect, and store Products.
B. Clean and refinish Products to original or specified condition.
C. Restore operable components to working condition.
D. Arrange and pay for transportation, storage, and handling of Products requiring off site storage, restoration, or renovation.
1.6 PRODUCT OPTIONS
A. Products specified by reference standard only: 1. Select any Product meeting the specified standard. 2. Submit Product Data to substantiate compliance of proposed Product with specified requirements.
B. Products specified by naming two or more acceptable Products: Select any named Product.
C. Products specified by stating that the Contract Documents are based on a Product by a single manufacturer followed by the statement "Equivalent products by the following manufacturers are acceptable”: 1. Select the specified Product or a Product by a named manufacturer having equivalent or superior characteristics to the specified Product and meeting the requirements of the Contract Documents. 2. If the specified Product is not selected, submit Product Data to substantiate compliance of proposed Product with specified requirements. 3. The specified Product establishes the required standard of quality.
D. Products specified by naming one or more Products followed by "or approved substitute" or similar statement: 1. Submit a Substitution Request Form for Products not listed. 2. The specified Product establishes the required standard of quality.
E. Products specified by naming one or more Products or manufacturers followed by the statement "Substitutions: Under provisions of Division 1": 1. Submit a Substitution Request Form for Products not listed. 2. The specified Product establishes the required standard of quality.
F. Products specified by naming one Product followed by the statement "Substitutions: Not permitted": Substitutions will not be allowed.
G. Products specified by required performance or attributes, without naming a manufacturer or Product: 1. Select any Product meeting specified requirements. 2. Submit Product Data to substantiate compliance of proposed Product with specified
1.7 SUBSTITUTIONS
A. Do not substitute Products unless a Substitution Request Form has been approved by the Architect.
B. Substitutions during Bidding: Refer to Instructions to Bidders.
Hogg Memorial Auditorium 01 60 00 - 2 ARCHITEXAS Product Requirements CP522444
C. Architect will consider Substitution Requests within 30 days after award of Contract. After initial 30 day period, Substitutions Requests will be considered only due to non-availability of a specified Product.
D. In case of non-availability of a specified Product notify Architect in writing as soon as non-availability becomes apparent.
E. Submit Substitution Requests using Substitution Request Form provided by Architect. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents, including: 1. Product identification, including name and address of manufacturer. 2. Product description, performance and test data, and reference standards. 3. Sample, if requested. 4. Description of any anticipated effect that acceptance of proposed Substitution will have on Progress Schedule, construction methods, or other items of Work. 5. Description of any differences between specified product and proposed Substitution.
F. Submit two copies. Architect will return one copy to Contractor for printing and distribution.
G. A request constitutes a representation that the Contractor: 1. Has investigated the proposed Product and determined that it meets or exceeds the quality level of the specified Product. 2. Will provide the same warranty for the Substitution as for the specified Product. 3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension that may subsequently become apparent. 5. Will reimburse Owner for design services associated with re-approval by authorities or revisions to Contract Documents to accommodate the Substitution.
H. Substitutions will not be considered if: 1. They are indicated or implied on Shop Drawings or other submittals without submittal of a Substitution Request Form. 2. Approval will require substantial revision of Contract Documents without additional compensation to Architect.
I. Approved substitutions will be incorporated into Contract Documents by Change Order.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 60 00 - 3 ARCHITEXAS Product Requirements CP522444
SECTION 01 73 29
CUTTING AND PATCHING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Requirements and limitations for cutting and patching of new work.
B. Execute cutting to include excavating, fitting, and patching of Work required to: 1. Make several parts fit properly. 2. Uncover work to provide for installation of ill timed work. 3. Remove and replace defective work. 4. Remove and replace work not conforming to requirements of Contract Documents. 5. Provide routine penetrations of nonstructural surfaces for installation of piping and electrical conduit. 6. Interface new and existing work.
1.2 SUBMITTALS
A. Submit written request in advance of executing cutting or alteration that affects: 1. Work of Owner or separate contractor. 2. Structural integrity of project. 3. Integrity or effectiveness of weather exposed or moisture resistant elements or systems. 4. Efficiency, operational life, maintenance, or safety of operational elements. 5. Visual qualities of sight exposed elements.
B. Include in Request: 1. Identification of project. 2. Description of work affected. 3. Necessity for cutting or patching. 4. Effect of cutting or patching on work of Owner or separate contractor, or on structural, weatherproof, or visual integrity of project. 5. Description of proposed work: a. Scope of cutting and patching. b. Contractor and trades to execute work. c. Products proposed to be used. d. Extent of refinishing. 6. Alternate to cutting and patching. 7. Cost proposal, if applicable. 8. Written permission of any separate contractor whose work will be affected.
C. If conditions of work or schedule necessitate a change of material from that originally installed, submit written request in accordance with Section 01600.
D. Submit written notice to Architect designating time work will be uncovered, to allow for observation.
Hogg Memorial Auditorium 01 73 29 - 1 ARCHITEXAS Cutting and Patching CP522444
1.3 PREPARATION
A. Examine existing conditions of work, including elements subject to movement or damage during cutting and patching.
B. After uncovering work, examine conditions affecting installation of new products or performance of work.
C. Provide protection for other portions of project.
D. Provide protection from elements.
1.4 CUTTING AND PATCHING
A. Execute fitting and adjustment of products to provide finished installation to comply with specified tolerances, and finishes.
B. Execute cutting and demolition by methods that will prevent damage to other work, and will provide proper surfaces to receive installation of repairs and new work.
C. Restore work that has been cut or removed; install new products to provide completed Work in accordance with requirements of Contract Documents.
D. Refinish entire surfaces as necessary to provide an even finish: 1. Continuous surfaces: To nearest intersections. 2. Assembly: Refinish entirely.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION
Hogg Memorial Auditorium 01 73 29 - 2 ARCHITEXAS Cutting and Patching CP522444
SECTION 01 77 00
CLOSEOUT PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Closeout procedures. 2. Final cleaning. 3. Adjusting. 4. Project record documents. 5. Warranties.
B. Related Sections: 1. Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning.
1.2 CLOSEOUT PROCEDURES
A. Final Inspection: 1. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with the Contract Documents and ready for inspection by Architect. 2. If Architect performs reinspection due to failure of Work to comply with claims of status of completion made by Contractor, Owner will compensate Architect for such additional services and will deduct the amount of such compensation from final payment to the Contractor.
B. Submit final Application for Payment showing original Contract Sum, adjustments, previous payments, retainage withheld from previous payments, and sum remaining due.
C. Closeout Submittals: 1. Evidence of compliance with requirements of governing authorities. 2. List of subcontractors and suppliers, indicating firm name, area of responsibility or specialty, address, and telephone number. 3. Project Record Documents. 4. Warranties. 5. Evidence of payment to Subcontractors and suppliers. 6. Final lien waiver. 7. Certificate of insurance for products and completed operations. 8. Consent of Surety to final payment.
1.3 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Clean surfaces exposed to view: 1. Clean glass. 2. Remove temporary labels, stains and foreign substances. 3. Polish transparent and glossy surfaces.
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C. Remove waste and surplus materials, rubbish, and construction facilities from the site.
1.4 ADJUSTING
A. Adjust operating Products and equipment to ensure smooth and unhindered operation.
1.5 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. 6. Material Safety Data Sheets.
B. Store Record Documents separate from documents used for construction.
C. Record information concurrent with construction progress.
D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications.
E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings.
F. Material Safety Data Sheets: 1. Maintain copies of manufacturer's Material Safety Data Sheets for each Product incorporated into the Work. 2. Indicate manufacturer name, product name, chemical composition, hazards, and safety and health procedures. 3. Assemble in three ring binder with durable plastic cover. a. Prepare binder covers with printed title "MATERIAL SAFETY DATA SHEETS" and title of project. b. Organize contents according to Project Manual table of Contents. c. Provide typed table of contents.
G. Prior to Substantial Completion transfer marks made during construction to one set of reproducible transparency prints.
H. Submit one copy of Project Record Documents to Architect for review, along with final Application for Payment.
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A. Provide two copies of each warranty.
B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers.
C. Provide Table of Contents and assemble in three ring binder with durable plastic cover.
D. Submit prior to final Application for Payment.
E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance, listing date of acceptance as start of warranty period.
1.8 OPERATIONS AND MAINTENANCE
1. The Contractor must provide a written certification that no asbestos-containing materials have been incorporated into the construction, whether the construction is new or a renovation. Reference the University of Texas construction contract, including Additional General Conditions, Supplemental Conditions and Special Conditions where applicable.
1.9 DEMONSTRATION AND TRAINING
1. The Contractor must coordinate with the UT Project Manager to demonstrate the operation of equipment and train University staff in ongoing maintenance. The number of training modules and quantity of training sessions, including providing video-recorded information, is included in the specifications.
PART 2 – PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 Not used.
END OF SECTION
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SECTION 02 41 19
SELECTIVE DEMOLITION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Removal of designated building construction, equipment, and fixtures where indicated on the Drawings and as required to complete the Work. 2. Identification of utilities.
1.2 SUBMITTALS
A. Shop Drawings: Indicate areas for demolition, removal sequence and location of salvageable items, and location and construction of temporary work.
1.3 REGULATORY REQUIREMENTS
A. Conform to applicable code for demolition work, safety of structure, and dust control.
B. Obtain required permits from authorities.
C. Notify affected utility companies before starting work and comply with their requirements.
D. Conform to applicable codes when hazardous or contaminated materials are discovered.
E. Do not close or obstruct exits.
1.4 PROJECT CONDITIONS
A. Minimize interference with streets, walks, other public right-of-ways, and adjacent facilities.
B. If hazardous materials are discovered, notify Owner and Architect and await instructions. 1. Refer to Asbestos and Lead Abatement Specifications and the Appendix for scope of abatement work, which forms a part of this Project.
C. If any of the following conditions are encountered, cease work immediately, notify Architect, and await instructions: 1. Structure is in danger of movement or collapse. 2. Materials or conditions encountered differ from those designated in the Contract Documents.
PART 2 - PRODUCTS
2.1 Not used.
PART 3 - EXECUTION
3.1 PREPARATION
A. Erect temporary partitions, barricades, warning devices, and controls.
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B. Provide protective coverings, shoring, bracing, and supports for construction designated to remain.
C. Temporarily or permanently disconnect utilities as required.
3.2 DEMOLITION
A. Remove existing construction to extent indicated and as necessary to join new work to existing. Do not remove more than is necessary to allow for new construction.
B. Do not damage work designated to remain.
C. Minimize noise and spread of dirt and dust.
D. Assign work to trades skilled in procedures involved.
E. Plug ends of disconnected utilities with threaded or welded caps.
F. Protect and support active utilities designated to remain. Post warning signs showing location and type of utility and type of hazard.
G. Remove and dispose of waste materials off site.
H. Store items designated to remain property of Owner where directed by Owner.
END OF SECTION
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SECTION 02 82 13 ASBESTOS/LEAD ABATEMENT
I. General Information
02 82 13.1 Bidding Information
A. By submitting your abatement services to the project, the contractor acknowledges that he has investigated and satisfied himself as to A) The conditions affecting the work, including but not limited to physical conditions of the site which may bear upon site access, handling and storage of tools and material, access to water, electric and other utilities or otherwise affect performance of required activities, B) Information presented in drawings and specifications included with this contract. Any failure by the Contractor to acquaint himself with available information will not relieve him from the responsibility for estimating properly the cost of successfully performing the work. The Building Owner is not responsible for any conclusions or interpretations made by the Contractor based on the information made available by the Building Owner. The Building Owner will be responsible for all Texas Department of State Health Services Notification fees.
B. The Contractor is required to supply a liability insurance certificate with the statement of coverage for “asbestos abatement contractor”. Occurrence type insurance is required. Claims made insurance is not acceptable. Insurance certificates shall be submitted with the Contractor’s bid proposal. Minimum coverage shall be at least $1,000,000 per occurrence.
02 82 13.2 Discrepancies
A. Should the Contractor find discrepancies in the plans and/or specifications or should he have doubt as to the meaning or intent of any part thereof, he must, prior to commencement of work, request clarification from the Building Owner. Discrepancies with regard to conflicts between the Contract Documents and applicable Federal, State, or Local regulations or requirements will be included herein. Failure to request such clarification is a waiver to any claim by the Contractor for expense made necessary due to later interpretation of the Contract Documents by the Building Owner.
B. Oral explanations or instructions will not be binding, only written addenda are binding.
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02 82 13.3 Definitions Abatement is the process of removal, encapsulation, or enclosure of asbestos containing materials. Active waste disposal site means any disposal site other than an inactive site. Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. Airlock is a system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area, typically consisting of two curtained doorways separated by a distance of at least 3 feet such that personnel pass through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow through contamination. Air Monitoring is the process of measuring the fiber concentration of a known volume of air collected during a specific period of time. The analysis procedure utilized for asbestos is the NIOSH Standard Analytical Method for Asbestos in Air, Method 7400. Transmission electron microscopy (TEM) may be utilized for lower detection limits and/or specific fiber identification. Air Monitoring Technician is a person licensed by the Texas Department of State Health Services to conduct air monitoring for an asbestos abatement project or related activity in a public building. The Air Monitoring Technician may only obtain air samples, and may only perform analysis of air samples with an upgraded Air Monitoring Technician License, which includes completion of the NIOSH-582 equivalent course. The air- monitoring technician shall be an employee of a licensed asbestos laboratory or a licensed Asbestos Consultant agency. The air monitoring technician need only to be accredited by the Texas Department of State Health Services to perform NESHAP projects. Amended Water is water to which a surfactant has been added. ANSI is the American National Standards Institute. Asbestos means the asbesti form varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite. Asbestos-Containing Material (ACM) is material composed of asbestos of any type and in an amount greater than 1% by weight, either alone or mixed with other fibrous or non- fibrous materials.
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Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos- containing material waste and materials contaminated with asbestos including disposable equipment and clothing. Asbestos mill means any facility engaged in converting, or in any intermediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos material is not considered a part of the asbestos mill. Asbestos tailings means any solid waste that contains asbestos and is a product of asbestos mining or milling operations. Asbestos waste from control devices means any waste material that contains asbestos and is collected by a pollution control device. ASTM is the American Society for Testing and Materials. Authorized personnel is any person authorized by the Contractor and required by work duties to be present in the work area or other regulated areas. Authorized visitor is the Building Owner, his designated representatives, and any representative of a regulatory or other agency having jurisdiction over the project. Building Owner is the owner or owners or their authorized representatives of the building, site, structure, or installation to which these specifications pertain. Category I non-friable asbestos-containing material (ACM) means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy. Category II non-friable ACM means any material, excluding Category I non-friable ACM, containing more than 1 percent asbestos as determined using the methods specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Clean Room is an uncontaminated area or room, which is a part of the decontamination enclosure system with provisions for storage of worker’s street clothes and clean protective equipment.
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Commercial asbestos means any material containing asbestos that is extracted from ore and has value because of its asbestos content. Consultant is a person licensed by the Texas Department of State Health Services to perform the following asbestos related functions: 1) Project design; 2) Asbestos surveys and condition assessment of ACM; 3) Asbestos Management Planning; 4) The collection of bulk material samples, airborne substance samples and the planning of sampling strategies; 5) Owner- representative services for asbestos abatement projects or O&M programs, including air monitoring and project management, 6) Consultation regarding regulatory compliance and all aspects of technical specifications and contract documents; and 7) the selection, fit testing, and appropriate use of personal protective equipment and the development of asbestos related engineering controls. Contractor is the company, agency, or entity licensed by the Texas Department of State Health Services that has been retained by the Building Owner to perform asbestos abatement or other associated functions. Curtained doorway is a device to allow ingress or egress from one room to another while permitting minimal air movement between the rooms, typically constructed by placing two overlapping sheet of plastic over an existing or temporarily framed doorway, securing each along the top of the doorway, securing the vertical edge of one sheet along one vertical side of the doorway and securing the vertical edge of the other sheet along the opposite vertical side of the doorway. Other effective designs are permissible. Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching. Decontamination Enclosure System is a series of connected rooms consisting of a clean room, a shower room and an equipment room separated from each other and from the work area by airlocks and curtained doorways. This system is used for all worker entrances to and exits from the work area. It is also used for all equipment and waste pass out from the work area, if a separate waste transfer airlock is not used. Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility. Emergency renovation operation means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by non-routine failures of equipment. Section 02 82 13 4 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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Encapsulation is the spray application of encapsulant, a specific adhesive designed to lock down and minimize the fiber release of asbestos containing materials and asbestos contaminated materials. Equipment Room is a contaminated area or room, which is part of the decontamination enclosure system with provisions for storage of contaminated clothing and equipment. Fabricating means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating. Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use or function. Facility component means any part of a facility including equipment. Fixed Object is a piece of equipment or furniture in the work area, which cannot be removed from the work area. Friable asbestos material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM. Fugitive source means any source of emissions not controlled by an air pollution control device. Glove bag means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).
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Glovebag Technique is a method with limited applications for removing small amounts of friable asbestos containing material from HVAC ducts, short piping runs, valves, joints, elbows, and other non-planar surfaces in a non-contained, plasticized work area. The glovebag assembly is a manufactured or fabricated device consisting of a glovebag (typically constructed of 6-mil transparent polyethylene or polyvinylchloride plastic), two inward projecting long sleeves, and internal tool pouch, and an attached, labeled receptacle for the object or material to be removed and contains all asbestos fibers released during the process. All workers who are permitted to use the glovebag technique must be highly trained, experienced and skilled in this method. Grinding means to reduce to powder or small fragments and includes mechanical chipping or drilling. HEPA Filter is a high efficiency particulate air filter capable of removing particles >0.3 microns in diameter with 99.97% efficiency. HVAC is a heating, ventilation and air conditioning system. In poor condition means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material. Inactive waste disposal site means any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year. Installation means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control). Leak-tight means that solids or liquids cannot escape or spill out. It also means dust-tight. Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure. Manufacturing means the combining of commercial asbestos -- or, in the case of woven friction products, the combining of textiles containing commercial asbestos -- with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing. Movable Object is a piece of equipment or furniture in the work area, which can be removed from the work area.
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Natural barrier means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier. NESHAP is the National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61). NIOSH is the National Institute for Occupational Safety and Health. Non-friable asbestos-containing material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Nonscheduled renovation operation means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted. OSHA is the Occupational Safety and Health Administration. Outside air means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock. Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both. Particulate asbestos material means finely divided particles of asbestos or material containing asbestos. Planned renovation operations means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience. Plasticize is to cover floors and walls with plastic sheeting as herein specified. Pressure Differential Ventilation System is a portable exhaust system equipped with HEPA filtration and capable of maintaining a pressure gradient in which the enclosed work area is lower in pressure than the area outside of the enclosed work area. The pressure gradient is maintained by moving air from the work area to the environment outside of the work area at a rate that will support the desired air flow and pressure differential.
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Prior Experience is experience required of the Contractor on asbestos projects of similar nature and scope to insure capability of performing the asbestos abatement in a satisfactory manner. Similarities shall be in areas related to project size, abatement methods required, number of employees, and material composition, as well as required engineering controls, work practices, and personal protection. Regulated asbestos-containing material (RACM) means (a) Friable asbestos material, (b) Category I non-friable ACM that has become friable, (c) Category I non-friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart. Remove means to take out RACM or facility components that contain or are covered with RACM from any facility. Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions. Resilient floor covering means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy according to the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy. Roadways means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways. Shower Room is a room between the clean room and the equipment room in the decontamination enclosure equipped with hot and cold running water controllable inside the shower and a drain pan to prevent water leakage. The shower room is suitably arranged for complete showering during decontamination. Staging Area is some area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area. Strip means to take off RACM from any part of a facility or facility components. Structural member means any load-supporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload- supporting walls. Surfactant is a chemical wetting agent added to water to improve penetration.
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Visible emissions means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor. Waste generator means any owner or operator of a source covered by this subpart whose act or process produces asbestos-containing waste material. Waste shipment record means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos- containing waste material. Waste Transfer Airlock is a decontamination enclosure system utilized exclusively for transferring containerized waste from the inside to the outside of the work area. Working day means Monday - Sunday and includes holidays.
02 82 13.4 Licenses and Qualifications A. Contractor must be licensed as required by the Texas Department of State Health Services for the purpose of removal, encapsulation, enclosure, demolition and maintenance of structures or components covered by or composed of asbestos- containing materials.
B. Contractors shall submit, signed by an officer of the company, the following information:
1. A list of any asbestos related legal proceedings or claims in which the contractor (or employees scheduled to participate in this process) have participated or are currently involved. Include roles of claimants, the issue at hand, and resolutions to date.
2. A record of any citations issued by Federal, State, or Local regulatory agencies relating to asbestos abatement activity. Include projects, dates and resolutions.
3. A list of penalties incurred through non-compliance with asbestos abatement project specifications included liquidated damages, over-runs in scheduled time limitations and resolutions of each occurrence.
4. Situations in which asbestos related contract have terminated including projects, dates and reasons for termination.
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02 82 13.5 Scope of Work
All surfaces throughout the work area contain lead based materials. It is the responsibility of the General Contractor to ensure that proper worker protection based on OSHA Lead in Construction Standard 1926.62 is adhered to during this project. Additionally, the General Contractor must ensure that no high levels of lead based particulate occur and therefore should utilize certain engineering controls. Any surfaces that require drilling (ie. Cable trays, junction boxes, wall racks, wall conduits) into lead based materials shall be conducted utilizing a drill with a HEPA vacuum attachment to collect all generated dust. Plastic beneath the work area to aid in cleanup shall occur in areas where larger components are being removed (ie. Removal of millwork). It shall be assumed that the paint on the metal components of the seats and the table arms contain lead and the restoration contractor shall be made aware of this potential hazard. Metal components may be recycled however the recycler must be made aware of the lead based paint on these components. For all non-recycled waste, a TCLP sample shall be collected by the Consultant for waste disposal requirements.
The objective of this project is also to abate approximately 1,250 square feet of floor tile/mastic, 750 square feet of fire curtain, and <50 linear feet of chill water pipe insulation for the base bid in the auditorium and an additional 1,250 square feet of floor tile/mastic in the lobby as an alternate. It is the responsibility of the abatement contractor to refer to the MEP plans to determine the exact quantity and location for the abatement of existing chill water piping to be removed based on mechanical modifications. It should be noted that there is sheetrock that has been determined to contain asbestos in this facility. Should any penetrations be required to be made in sheetrock materials, the abatement contractor must handle these portions of the project. The contractor may utilize a glove box method with negative pressure to remove very small sections of sheetrock wall materials (ie. Surface mounted loud speakers).
At a minimum, the Contractor will construct a three stage wet decon, connected to the containment, which will be available for use by the asbestos abatement personnel in the abatement area. Asbestos abatement personnel will wear one (1) layer of personal protective clothing (Tyvek type full body suits) at all times during their normal work day in operations involving the removal of asbestos- containing materials.
NOTE: The Contractor is responsible for verifying all quantities of ACBM/Lead to be removed. The Contractor is responsible for supplying properly trained personnel to assess the quantity of ACBM/Lead present. Any amounts of ACBM provided by Lonestar Environmental Services in any form are provided for
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information purposes only and are not to be relied upon by the Contractor when determining the amount of ACBM/Lead that should be abated. Acceptance of these specifications constitutes full and complete release of Lonestar Environmental Services by the aforementioned from all responsibility regarding errors in determining the amount of asbestos/lead present.
The containment-area ventilation will consist of using units with High-Efficiency Particulate Air (HEPA) filtration and in a sufficient number to provide a negative pressure of at least –0.02 inches of water column differential between the containment and the outside, as measured by manometric measurements. A minimum of four containment area changes per hour are required, which shall be operated continuously for the duration of the project (See example below). These units shall exhaust filtered air to the outside of the building wherever technically feasible. In addition, all electrical power supplied within the regulated containment areas shall be provided from ground-fault circuit interrupter (GFCI) units. At least one (1) fire extinguisher with a minimum National Fire Protection Association rating of 10BC (Dry Chemical) shall be placed within each abatement project containment for every 3,000 square feet, or fraction thereof, of containment area. A working HEPA vacuum shall remain on-site every day of the asbestos abatement activity, from the start date and through the completion date of the project, and the unit shall have proper HEPA filter(s) in place. A 18x18 inch Plexiglas viewing window will be placed at a reasonable viewing height from the floor, if feasible. No dry sweeping is permitted.
Negative Pressure Example: Work Area: Length x Width x Height 240 x 30 x 8 = 57,600 Cubic Feet
Exchange Rate: 60 Minutes/4 = 15 Minutes
Capacity of Unit: 1,900 CFM
57,600/15 = 3.840
3.840/1,900= 2.02 Number of Units
All movable objects shall be removed from the containment area. All non- movable objects that remain in the containment area shall be covered with a minimum of four-mil plastic sheeting, secured in place. All HVAC equipment in or passing through the work area shall be shut down, and preventative measures taken to prevent accidental start-ups. All intake and exhaust openings and any seams in system components shall be sealed with at least six-mil sheeting and/or tape. All old filters shall be disposed of as asbestos waste. Critical barriers shall be placed over all openings to the regulated area with a minimum of two (2) Section 02 82 13 11 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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layers of six (6)-mil plastic sheeting. Wall sheeting shall completely cover all wall surfaces and consist of a minimum of one (1) layer of six (6) mil four (4) foot splashguard poly sheeting. It may be required to construct a ceiling consisting of one (1) layer of four (4) mil sheeting throughout the auditorium due to the height of the existing ceiling. This would aid in achieving -0.02 pressure during abatement. The contractor must completely wipe down and decontaminate the interior walls, flooring, and ceiling surfaces of the containment area before visual inspection takes place prior to final clearance air monitoring operations (for ACM). The abatement contractor will be conducting glove bag removal of pipe insulation, where necessary. For the abatement of pipe insulation, the contractor may utilize glove bag methods. A minimum of two persons are required to perform glovebag removal. A third person may be required to assist with supplies. Each of these team members must have training on the use, limitations, and emergency procedures of glovebag removal techniques. Never perform glovebag removal on hot pipes (over 150 degrees Fahrenheit). This may cause the bag or gloves to melt over the workers’ hands and arms. Place a sheet of six (6) mil poly sheeting beneath the entire length of pipe to be abated and extending approximately two (2) feet to either side of the pipe. Place all necessary tools into the pouch located inside the glovebag. Thoroughly encapsulate all abated surfaces and exposed ends of insulation with an approved encapsulant. Double bag, with appropriate label, the glovebag once removed. For the removal of the fire curtain, the contractor shall lower the curtain onto two (2) layers of six (6) mil poly sheeting and double wrap, label, and dispose of as asbestos containing waste. The asbestos containing materials will be thoroughly wetted down before and during the removal process during glovebag operations. Asbestos containing materials must be double bagged with appropriate labeling on bags, transported per Texas Department of State Health Services Rules and Regulations by a DSHS Licensed transporter to an approved landfill. The asbestos containing materials will be thoroughly wetted down before and during the removal process. Solvents with a flash point of 140 degrees Fahrenheit (as determined by ASTM D92) or below shall not be used. Tri-sodium phosphate (TSP) is recommended during wash down for the entire work area due to lead based materials.
It is the responsibility of the abatement contractor to determine the type of respiratory protection their workers will utilize for abatement. Lonestar suggests for all friable materials, the workers use Powered Air Purifying Respirators (PAPRs) with High Efficiency Particulate Air filter (HEPA) filtration. Any changes (downgrade or upgrade) in respiratory protection will be determined by the results of the Excursion Limit (EL) and/or an 8-Hour Time-Weighted Average (TWA) of fiber concentrations in the work area. TWA’s will be calculated daily for personnel. The highest calculated TWA should be used to determine the type of respiratory protection to be worn. The project will not be allowed to proceed without the collection of personnel sampling. This personnel sampling shall be Section 02 82 13 12 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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conducted by either the abatement contractor, who must utilize an individual who possesses an DSHS air monitoring license or the contractor may utilize a third party to conduct the personnel sampling. Lonestar assumes no responsibility for OSHA compliance. The above respiratory protection is for recommended purposes only. Contractor shall adhere to 1910.134.
Post warning signs and barrier tape meeting the specification of OSHA 29 CFR 1910.1001 and 40 CFR 61 at any location and approaches to a location where airborne concentration of asbestos may exceed ambient background levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid exposure. Maintain constant security against unauthorized entry past warning signs and barrier tape. Signs will be in both English and Spanish.
For lead, Post warning signs and barrier tape meeting the specification of OSHA 29 CFR 1910.1001. The signs shall be at least 20 inches by 14 inches and include the phrase “Caution Lead Hazard, Keep Out” in bold lettering at least 2 inches high. The following warning signs shall be posted immediately outside each work area:
“Warning Lead Work Area Poison No Smoking or Eating”
The following documents are required to be posted conspicuously by the contractor, to be visible at the entrance to the regulated area and must not be covered by any other documents: (1) the asbestos information poster issued by the Texas Department of State Health Services; and (2) copies of any violations issued as evidenced by an order from the federal or state asbestos-regulating authorities within the preceding 12 months from any asbestos project. Additionally, all current licenses and registrations, and copies of accreditation certificates, current "Physician's Written Statements", current respirator fit-test records, and the contractor’s respiratory protection program must be on site and available for review.
Asbestos air monitoring will be performed during the duration of the entire project. Air monitoring shall include baseline sampling (minimum of three samples collected with minimum 1250 liters), personal samples, area sampling, and clearance sampling according to 40 CFR 763. Regular monitoring samples will be placed inside containment, outside containment but inside building (if applicable), outside to the entry of the clean room where possible contamination could occur, outside the bagout facility, and at the exhaust side of the HEPA exhaust unit during the removal process. A visual inspection of the abatement Section 02 82 13 13 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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area shall be conducted upon the completion of asbestos abatement, but before the containment is removed to determine if the project has been properly conducted in accordance with these specifications and with applicable state and federal regulations. Both the visual and final visual inspection will be performed by the project manager delegated by the asbestos consultant, Norberto Ochotorena, Jr., DSHS Project Manager License #500264, Joseph Bohnaker, DSHS Asbestos Consultant License #105480, Chris Mayer, DSHS Asbestos Consultant License #105536, Curtis Dawson DSHS Project Manager License #501555, or Rylan Bosher DSHS License #500982. Final asbestos clearance samples (minimum of three) will be collected using aggressive air sampling with sampling rate of 0.5 less than 16 liters per minute with a minimum volume of 1250 liters. A final visual will be performed once the abatement contractor has removed all containment and other materials from the project site. The on-site project manager has the authority to modify the site map, changing the location of the negative air machines/exhausts, load out, decontamination unit, and other features of the job. After modifying the map, the project manager is to contact the Consultant to grant his approval to the map.
02 82 13.6 Description of Work
A. The work specified herein shall be the removal of asbestos containing materials by competent persons, Texas Department of State Health Services licensed, knowledgeable, and qualified in the techniques of abatement, handling, and disposal of asbestos/lead containing materials and asbestos/lead contaminated materials, and the subsequent cleaning of contaminated areas. These persons shall be capable of and willing to perform the work of these specifications, and they shall comply with all applicable Federal, State, and Local regulations.
B. The Contractor will supply all labor, materials, services, insurance, permits and equipment necessary to carry out the work in accordance with all applicable Federal, State, and Local regulations, and these specifications.
C. The Contractor shall provide sufficient number of trained and qualified workers, foremen and superintendents to accomplish the work within the required schedule. Only qualified and approved individuals shall be employed to participate in the abatement work.
D. Work will be in accordance with these specifications.
02 82 13.7 Applicable Standards and Guidelines
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A. All work under this contract will be done in strict accordance with all applicable Federal, State, and Local regulations, standards and codes governing asbestos abatement and other trade work done in conjunction with the abatement.
B. Except to the extent that more explicit or more stringent requirements are written directly into the contract documents, all applicable codes, regulations, and standards have the same force and effect (and are made a part of the contract documents by reference) as if copied directly into the contract documents, or as if published copies are bound herewith. C. The Contractor shall furnish copies of all standards, regulations, codes, and other applicable documents, including these specifications and those listed under Section 02 82 13.7 Part D. These documents shall be available at the work site, to all personnel involved in the abatement project.
D. The Contractor shall comply with, at minimum, the following specific requirements:
1. Code of Federal Regulations (CFR) 29 CFR 1910.1001, Asbestos 29 CFR 1926.62, Lead 29 CFR 1910.134, OSHA Respirator Requirements 29 CFR 1910.145, Specification for Accident Prevention Signs and Tags 29 CFR 1910.1200, Hazard Communication 29 CFR 1926.1101, Asbestos 40 CFR 61, U.S. Environmental Protection Agency NESHAP- Standard for Demolition and Renovation 40 CFR 260-265: U.S. Environmental Protection Agency Regulations Implementing the Resource Conservation and Recovery Act 40 CFR 763 Asbestos Hazards Emergency Response Act 40 CFR, Part 61, Subpart M of NESHAP U.S. Environmental Protection Agency, Office of Toxic Substances Guidance Document, “Guidance for Controlling Asbestos-Containing Materials in Buildings,” EPA 560/5-85-024, June 1985.
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EPA 40 CFR Subchapter J Superfund, Emergency Planning & Community Right- To-Know Programs
2. Texas Department of State Health Services Texas Civil Statutes, Article 4477-3a and amendments; and Health and Safety Code, Section 12.001. Regulation 25 TAC 295.31-.73, “Texas Asbestos Health Protection Rules,” March 2003.
3. American National Standards Institute (ANSI) Publication Z88.22 Guide to Respiratory Protection Programs Z9.2-79 Fundamentals Governing the Design and Operations of Local Exhaust Systems. 4. American Society for Testing and Materials (ASTM) Publication E849 Safety and Health Requirements Relating to Occupational Exposure to Asbestos D 1331 Surface and Interfacial Tension of Solutions of Surface-active Agents
5. Local Requirements
U.S. Department of Transportation Hazardous Materials Rule, Texas Department of State Health Services MSWRM 325.1 36(a) and 325.1 36(b) (6) for transportation and disposal of asbestos work.
6. Notices The enforcement of the National Emission Standards for Hazardous Air Pollutants (NESHAP) has been delegated to the Texas Department of State Health Services by the United States Environmental Protection Agency (EPA), and covers all asbestos related activities both public and private.
The reporting requirements of the National Emission Standards for Hazardous Air Pollutant (NESHAPS) ASBESTOS REGULATIONS (40 CFR 61, Final Rule) is required at least ten (10) working days prior to start of any work.
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Send notification to the following address: Environmental Health Notifications Group P. O. Box 143538 Austin, Texas 78714-3538 Or overnight to*: Environmental Health Notifications Group 8407 Wall Street Suite N320 Austin, Texas 78754
02 82 13.8 Submittals and Notices
A. The Contractor shall prior to commencement of work provide all training records, certifications, medical records, and proof of insurance for review.
B. The Contractor will submit written notification, in accordance with 40 CFR 61.145 of Subpart M to the Texas Department of State Health Services, Asbestos Programs Branch. The Contractor will provide the Building Owner and the Consultant with a copy of the notice as soon as materials have been determined to contain asbestos and emergency notification has been filed.
C. Submit documentation, to the Consultant or the designated Project Manager, from a physician that all personnel who may be required to wear a respirator are medically monitored to determine whether they are physically capable of working while wearing the required respiratory protection without suffering adverse health effects. In addition, document that personnel have received medical monitoring as is required in compliance with applicable rules and regulations listed in Section 1.7 Part D.
D. Submit to the Consultant or the designated Project Manager documentation of respirator fit testing for all Contractor employees and agents who must enter the work area. This fit testing shall be in accordance with qualitative procedures as detailed in the OSHA Standard 29 CFR 1910.134. Fit testing may be quantitative.
E. During Abatement Activities
1. Post immediately outside the work area the Contractor, Building Owner, Consultant, Air Monitoring Technician, testing laboratory, and any other personnel (information) who may be required to assist during abatement activities.
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1. Logbook showing the following: date, name, social security number, time in, time out, company affiliation and reason for entry for all persons entering the work areas.
2. A copy of the OSHA required employee personnel air monitoring results.
02 82 13.9 Site Security
A. The work area is restricted to all persons except authorized personnel and authorized visitors, who are both properly trained and protected. A list of authorized personnel shall be established prior to the start of the job and posted immediately outside the clean room of the decontamination enclosure.
B. Entry into the work area by unauthorized individuals shall be reported immediately to the Building Owner’s Representative by the Contractor.
C. A logbook shall be maintained outside of the work area and shall record anyone who enters the work area. The documentation shall include date, name, social security number, time in, time out, company affiliation and reason for entry for all persons entering the work areas.
D. The Contractor shall have control of site security during abatement operations, in order to protect work efforts and equipment.
02 82 13.10 Emergency Planning
A. Emergency planning will be developed prior to abatement and agreed upon by the Contractor and Building Owner.
B. Written emergency procedures will include proper notification of the police, fire, and emergency medical personnel of planned abatement activities, work schedule and layout of work area, particularly that which may affect response capabilities.
C. Planning will address considerations for fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, confined spaces and heat related injury. Written procedures will be developed and employee training in procedures will be provided.
D. Employees will be trained in evacuation procedures in the event of workplace emergencies.
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E. For non life-threatening situations, employees injured or otherwise incapacitated will decontaminate following normal procedures with assistance from fellow workers, if feasible, before exiting the workplace to obtain proper medical treatment.
F. For life-threatening situations, worker decontamination will take least priority after measures to stabilize the injured worker, remove him from the work place and secure proper medical treatment.
G. Telephone numbers of all emergency response personnel will be prominently posted in the clean change area and equipment room along with the location of the nearest available telephone. These telephone numbers should be posted at this telephone, if feasible.
02 82 13.11 Air Monitoring
A. The Contractor will be responsible for air monitoring as required to meet OSHA requirements for thirty (30) minute Excursion Limit (EL) and eight (8) hour Time Weighted Average Limit. The Contractor will submit the name of the proposed third party air monitor/testing laboratory prior to the start of work. The requirements of the Federal Regulations Title 29, Part 1910 and 1926 and all revisions applicable will be administered. All samples will be made and tested by a certified testing laboratory using standard Phase Optics (PCM). OSHA required personal air sampling shall be conducted on 25% of workers per containment per day by the Contractor. All testing dates will be reviewed by the Owner before a final acceptance of the completed project. The Contractor may not take his own samples unless he is licensed by the DSHS to conduct personnel air monitoring.
B. The Consultant will provide all other air monitoring as required.
C. The Contractor will provide the Consultant with daily reports of all personnel air monitoring results.
D. No employee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 0.1 fibers longer than 5 micrometers, per cubic centimeter of air. Project Manager shall stop work immediately and notify the Consultant. No employee shall be exposed at any time to airborne concentrations of lead in excess of fifty micrograms of lead per cubic meter of air (50 ug/m(3)), averaged over an 8-hour work-day.
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E. Stop Action Levels: Maintain an airborne count in the work area of less than the Stop Action Level given below for the type of respiratory protection in use. If the fiber counts rise above this figure for any sample taken, revise work procedures to lower fiber counts. After correcting cause of high fiber levels, recommence work once given authorization from Building Owner’s Consultant.
STOP ACTION RESPIRATORY REQUIRED PROTECTION LEVEL FACTOR (F/CC)
1 HALF FACE 10 100 PAPR 1000 100 TYPE C, CONTINUOUS FLOW 1000 100 TYPE C, PRESSURE DEMAND 1000
F. Outside Work Area: Maintain an airborne concentration outside the work area less than or equal to baseline levels established prior to start of work or 0.01 fibers per cubic centimeter (f/cc), whichever is greater. If airborne concentrations exceed this level, immediately and automatically stop all work except corrective action, leave negative pressure and air circulation system in operation and notify Building Owner’s Consultant. A reevaluation of work procedures will be conducted and continuation of work shall be directed by the Consultant. Stand-by time and expenses required to resolve violations of these specifications or applicable laws shall be at the Contractor’s sole expense.
02 82 13.12 Authority to Stop Work
A. The Consultant or Consultant’s Representative has the authority to stop the abatement work at any time he/she determines that conditions are not within these specifications or applicable law. Further, any governmental authority pursuant to an applicable law shall have the right to stop the work as permitted under applicable law. The stoppage of work shall continue until conditions have been corrected and corrective steps have been taken to the satisfaction of the Consultant. Stand-by time and expenses required to resolve violations of these specifications or applicable laws shall be at the Contractor’s sole expense.
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II. Materials and Equipment
02 82 13.13 Materials
A. General (All abatement projects)
1. Deliver all materials in the original packages, containers or bundles bearing the name of the manufacturer and the brand name (where applicable).
2. Store all materials subject to damage off the ground, away from wet or damp surfaces and under cover sufficient enough to prevent damage or contamination. Replacement materials shall be stored outside of the work area until abatement is completed.
3. Damaged, deteriorating, or previously used materials shall not be used and shall be removed from the work site and disposed of properly.
B. Pre-removal
1. Polyethylene sheeting for walls and stationary objects shall be a minimum of 4-mil thickness. For floors and all other uses, sheeting of at least 6-mil thickness shall be used in widths selected to minimize the frequency of joints.
2. Polyethylene sheeting utilized for the decontamination enclosure shall be opaque white or black in color.
3. Method of attaching polyethylene sheeting will be agreed upon in advance by the Contractor and the Building Owner and selected to minimize damage to equipment/surfaces. Method of attachment may include any combination of duct tape or other water proof tape, furring strips, spray glue, staples, and nails, screws or other effective procedures capable of sealing polyethylene to dissimilar finished or unfinished surfaces under both wet and dry conditions (including the use of amended water).
4. Warning signs and barrier tape shall be used as required by OSHA 29 CFR 1910.1001 and 40 CFR 61. Warning signs shall be in both English and Spanish.
C. Removal (General)
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1. Full body disposable protective clothing, including head, body and foot coverings (unless using non-skid footwear) consisting of material impenetrable by asbestos fibers (Tyvek or equivalent) shall be provided to all workers and authorized visitors in sizes adequate to accommodate movement without tearing.
2. Surfactant (wetting agent) shall be a 50/50 mixture of polyoxyethylene ether and polyoxyethylene ester, or equivalent, mixed in a proportion of 1 fluid ounce to 5 gallons of water or as specified by manufacturer. (An equivalent surfactant shall be understood to mean a material with a surface tension of 29 dynes/cm as tested in its properly mixed concentration, using ASTM method D1331-56 “Surface and Interfacial Tension of Solutions of Surface Active Agents.”) Where work area temperatures may cause freezing of the amended water solution, the addition of ethylene glycol in amounts sufficient to prevent freezing is permitted.
3. Disposal bags will be 6-mil polyethylene, pre-printed with labels as required by DSHS, EPA regulations or OSHA requirements.
4. Disposal drums, if approved, will be metal or fiberboard with locking ring tops.
5. Stick-on labels shall be applied to area disposal drums as per EPA or OSHA and Department of Transportation HM 181 requirements.
02 82 13.14 Equipment
A. General (All abatement projects)
1. Additional safety equipment (e.g. hard hats, meeting ANSI Standard Z89.1- 1981, eye protection, meeting ANSI Z87.1-1989, disposable PVC gloves), as necessary will be provided to all workers and authorized visitors.
2. A sufficient supply of sponges, rags and disposable mops for work area shall be provided.
3. Non-skid footwear will be provided to all abatement workers. Disposable clothing will be adequately sealed to the footwear to prevent body contamination.
4. A sufficient quantity of pressure differential ventilation units equipped with HEPA filtration and operated in accordance with ANSI 29.2-79 (local exhaust ventilation requirements) and EPA guidance document EPA 560/5-83-002, Section 02 82 13 22 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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“Guidance for Controlling Friable Asbestos-Containing Materials in Buildings Appendix F. The pressure differential ventilation system shall be utilized so as to provide one work area change every 15 minutes. A pressure differential of at least –0.02 inches water column will be maintained by the pressure differential ventilation equipment.
Provide a pressure differential measuring device such as a chart recorder or water manometer or equivalent for use to verify the pressure differential. The Project Supervisor shall document this hourly per (8)-hour shift.
To calculate total air flow requirements: Total cubic ft./min= Volume of work area (cubic feet) 15 minutes
To calculate the number of units needed for abatement: Number of units needed= Total cubic ft./min/flow rate of unit (cubic ft./min)
If air supplied respirators are utilized, estimate the volume of supplied air and add to work place air volume when calculating ventilation requirements. For small enclosures and glovebag techniques, a HEPA filtered vacuum system may be utilized to provide negative air pressure.
B. Removal Equipment
1. A sufficient supply of scaffolds, ladders, lifts and safety harnesses shall be provided as required to accomplish the specified work, and shall meet all applicable safety regulations.
2. Sprayers with pumps capable of proving 500 pounds per square inch (PSI) at the nozzle tip at a flow rate of 2 gallons per minute for spraying amended water shall be provided.
3. Transportation equipment, as required shall be suitable for loading, temporary storage, transporting, and unloading of contaminated waste without exposure to persons or property.
4. Hand tools such as scrapers, wire cutters, brushes, utility knives, wire saws, etc. will be provided as needed.
5. Brushes utilized for removing loose asbestos containing material shall have nylon or fiber bristles, not metal.
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6. Tools such as shovels, dustpans, and squeegees shall be made of rubber or plastic, and shall be round edged to prevent damage to plastic work area barriers.
7. A sufficient supply of HEPA filtered vacuum systems shall be available during cleanup.
02 82 13.15 Respiratory Protection
A. Except to the extent that more stringent requirements are written directly into the Contract Documents, the following regulations and standards have the same force and effect (and are made a part of the Contract Documents by reference) as if copied directly into the Contract Documents, or as if published copies were bound herewith. Where there is a conflict in requirements set forth in these regulations and standards, meet the more stringent requirement.
OSHA- U.S. Department of Labor Occupational Safety and Health Administration, Safety and Health Standards 29 CFR 1910, Section 1001 and Section 1910.134. 29 CFR 1926.1101.
CGA- Compressed Gas Association, Inc., New York, Pamphlet G-7, “Compressed Air for Human Respiration”, and Specification G-7.1 “Commodity Specification for Air”.
CSA- Canadian Standard Association, Rexdal, Ontario, Standard Z180.1-1978, “Compressed Breathing Air”.
ANSI- American National Standard Practices for Respiratory Protection, ANSI Z88-2-1980.
NIOSH- National Institute for Occupational Safety and Health
MSHA- Mine Safety ad Health Administration
Other Federal, State, and/or Local regulations as required.
B. Submittals: Prior to commencement of work, the Contractor will provide the following in regards to the respiratory protection requirements:
1. Contractor’s written respiratory protection program manual as required by OSHA 1926.1101.
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2. Training in accordance with 29 CFR 1926 and any applicable state and local regulations, all workers in the dangers inherent in handling asbestos and breathing asbestos dust and in proper work procedures and personal and area protective measures.
3. Fit testing records for all Contractors’ employees required to use respiratory protection.
4. Provide medical examinations for all workers who may encounter an airborne fiber level of 0.1 f/cc or greater for an 8 hour Time Weighted Average. In the absence of specific airborne fiber data provide medical examinations for all workers who will enter the Work Area for any reason. Examination shall as a minimum meet OSHA requirements as set forth in 29 CFR 1926. In addition, provide an evaluation of the individual’s ability to work in environments capable of producing heat stress in the worker.
C. All respiratory equipment, such as respirators, filters, regulators, batteries, etc. shall be tested and approved by the National Institute of Occupational Safety and Health (NIOSH) for use in asbestos contaminated atmospheres.
D. Powered air purifying respirators (PAPR) shall be equipped with HEPA filters and full-face pieces.
E. Air purifying respirators (APR) shall be equipped with dual high efficiency (HEPA) filters and may be either full face piece or half face piece depending on the required level of respiratory protection.
F. All workers, foremen, and superintendents shall be provided with personally issued and marked respiratory equipment.
G. A sufficient supply of appropriate, unused filters shall be available for all types of respirators used during this project.
H. Charged replacement batteries and a flow test meter shall be available in the clean room for use with powered air purifying respirators.
I. Spectacle kits and eyeglasses must be provided for employees who wear glasses and who must wear full-face piece respirators.
J. Approved wipes for sterilizing respirators shall be provided.
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L. No one wearing a beard shall be permitted to don a respirator and enter the work area.
III. Execution
02 82 13.16 Preparation
A. Post warning signs and barrier tape meeting the specification of OSHA 29 CFR 1910.1001 and 40 CFR 61 at any location and approaches to a location where airborne concentration of asbestos may exceed ambient background levels. Signs shall be posted at a distance sufficiently far enough away from the work area to permit an employee to read the sign and take the necessary protective measures to avoid exposure. Additional signs may need to be posted following construction of work place enclosure barriers. Maintain constant security against unauthorized entry past warning signs and barrier tape. Signs will be in both English and Spanish.
B. Critical barriers shall be placed over all openings to the regulated area with a minimum of two (2) layers of six (6)-mil plastic sheeting.
C. Provide decontamination enclosure systems per Section 02 82 13.18.
D. Provide negative pressure system per Section 02 82 13.14 Part A Number 4 and 02 82 13.17 Part F Number 1-3.
E. If the Critical barrier fails or is breached in any manner, stop work immediately. Do not start work until authorized by the Consultant.
02 82 13.17 Work Area
A. Shut down and lock out electric power to all work areas. Provide temporary power and lighting. Insure safe installation (including ground fault circuit interrupters) of temporary power sources and equipment by compliance with all applicable electrical code requirements and OSHA requirements for temporary electrical systems.
B. See Section 02 82 13.5 Scope of work for specific design requirements.
C. Plastic polyethylene sheeting and other covering and sheeting shall be tight and leak proof.
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D. Containment area, including all walls and floors, will be decontaminated using HEPA vacuums and wet cleaning techniques. Walls with mortar joints (e.g., tile) are considered porous and therefore require plastic sheeting on walls, if encountered.
E. The Contractor shall install a clear plastic viewing port to allow visibility into the work area.
F. Pressure differential equipment
1. Openings made in the enclosure system to accommodate for pressure differential equipment shall be made airtight with tape and/or caulking as needed. If more than one unit is installed, they should be turned on one at a time, checking the integrity of the wall barriers for secure attachment and the need for additional reinforcement. Insure that adequate power supply is available to satisfy the requirements of the ventilating units.
2. Pressure differential ventilation units shall be exhausted to the outside of the building. They shall not be exhausted into occupied areas of the building. Twelve inch extension ducting shall be used to reach from the work area to the outside of the building when required. Careful installation, air monitoring and daily inspections shall be done to insure that fiber release into uncontaminated building areas or outside areas does not occur.
3. Once constructed and reinforced as necessary, with pressure differential ventilation units in operations as required, test enclosure for leakage utilizing smoke tubes. Repair or reconstruct as needed.
G. Maintenance of work place barriers and decontamination enclosure systems is required.
H. Following completion of the construction of all polyethylene barriers and decontamination system enclosures, and following installation and initiation of pressure differential ventilation units, but prior to abatement activities, the Contractor shall inspect the work area containment to insure that barriers will remain intact and secured to walls and fixtures (if applicable).
I. All polyethylene barriers inside the work place, in the decontamination enclosure system, in the waste transfer airlock and at partitions constructed to isolate the work area from occupied/outside areas shall be inspected at least twice daily, prior to the start of each day’s abatement activities and following the completion of the day’s abatement activities. Document inspections and observations in the daily project log. Section 02 82 13 2 7 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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J. Use smoke tubes to test the effectiveness of the barrier system.
K. At any time during the abatement activities, the barriers have been erected, if visible material is observed outside of the work area or if damage occurs to barriers, work shall stop immediately, repairs shall be made to barriers, and debris/residue shall be cleaned up using appropriate HEPA vacuuming and wet cleaning procedures.
02 82 13.18 Worker Decontamination
A. Decontamination enclosure systems shall be constructed for use by abatement personnel. This decontamination unit shall be remote and does not need to be connected to the work area(s). Enclosure systems may be constructed out of metal, wood, or plastic as appropriate.
B. Decontamination enclosure systems constructed at the work site shall utilize (6)- mil opaque black or white polyethylene sheeting or other acceptable materials for privacy. Detailed descriptions of portable, prefabricated units, if used, must be submitted for approval to the Consultant.
C. The decontamination enclosure system shall consist of at least an equipment room, a shower room separating the equipment room and the clean room. Each room shall be separated from the other and from the work area by airlocks.
D. Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through curtained doorways consisting of two sheets of overlapping polyethylene sheeting. One sheet shall be secured at the top and left side, the other sheet at the top and right side. Both sheets shall have weights attached to the bottom to insure that they hang straight and maintain a seal over the doorway when not in use. Other doorway designs, providing equivalent protection, and acceptable to the Consultant, may be utilized.
E. Access between any two rooms in the decontamination enclosure system shall be through an airlock with at least 3 feet of separating each curtained doorway. Pathways into (from clean to contaminated) and out (from contaminated to clean) of the work area shall be clearly designated.
F. Clean rooms shall be sized to adequately accommodate the work crew. A specified area for storing their street clothes and respirators is required. Clean work clothes (if required under disposables), clean disposable clothing, replacement filters for respirators, towels and other necessary items shall be provided in adequate supply at the clean room. A location for posting shall also Section 02 82 13 28 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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be provided in this area. Lighting, heat and electricity shall be provided if feasible. This space shall not be used for storage of tools, equipment, or materials (except as specifically designated), or as office space.
G. The shower room shall contain one or more showers as necessary to adequately accommodate workers. Each showerhead shall be supplied with hot and cold water adjustable at the tap. The shower enclosure shall be constructed to ensure against leakage of any kind. An adequate supply of soap, shampoo, nailbrushes, and towels shall be supplied by the Contractor and shall be available at all times. The shower room shall be supplied be equipped with a freely draining floor in the shower pan, and with non-porous drainboards to keep workers above any standing water. All contaminated water from shower areas and abatement area shall be disposed of in compliance with all applicable laws. All wastewater must be filtered prior to release into a sanitary sewer system. The filter shall be, at a minimum, a two-stage cascaded unit. The primary filter shall stop particles larger than 20 microns. The secondary filter shall stop particles larger than 5 microns. The entire filter unit shall be placed in a watertight pan capable of containing any water, which may drain or leak from it. The filters shall be changed at least daily.
H. The equipment room shall be used for storage of equipment and tools at the end of a shift after they have been decontaminated using a HEPA filtered vacuum and/or wet cleaning technique as appropriate. Replacement filters (in sealed containers until used) for HEPA vacuums and pressure differential ventilation equipment, extra tools, containers of surfactant and other materials and equipment that may be required during the abatement may also be stored here as needed. A labeled 6-mil polyethylene bag for collection of disposable clothing shall be located in this room. Contaminated footwear (e.g. rubber boots, other reusable footwear) shall be stored in this area for reuse the following work day.
02 82 13.19 Waste Storage
A. The waste transfer airlock shall be constructed at some location away from the decontamination enclosure system. Wherever possible, this shall be located where there is direct access from the work area to the outside of the building.
B. This airlock system shall consist of an inner airlock adjacent to the work area, a container staging area between the inner and outer airlocks, and an outer airlock with access to outside the work area.
C. The waste transfer airlock shall be constructed in similar fashion to the decontamination enclosure system using similar materials, airlocks, and curtain doorway designs.
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D. The waste transfer airlock system shall not be used to enter or exit the work site.
E. A temporary storage area can be designated by the Supervisor with the approval of the project manager. This area shall have two (2) layers of six (6) mil poly on the floor. All bags stored in this temporary location must be decontaminated, double bagged, and appropriately labeled.
02 82 13.20 Emergency Exits
A. Emergency exits shall be established and clearly marked with duct tape arrows or other effective indicators to permit easy location from anywhere within the work area. All emergency exit indicators shall be either illuminated with, or fabricated from fluorescent materials, which can be seen in a smoky environment.
B. Emergency exits shall be secured to prevent access from uncontaminated areas and still permit emergency exiting. These exits shall be properly sealed with polyethylene sheeting, which can be cut to permit egress if needed. The emergency exit shall be provided with means of rapidly cutting through the containment.
C. All emergency exits shall be equipped outside the containment area with two full sets of protective clothing and respirators at all times.
D. Emergency exits shall be clearly identified and maintained throughout the abatement process. Debris, tools, materials, and other items shall not block emergency exits at any time during the abatement process.
02 82 13.21 Removing Fixtures from Work Area
A. Remove fixtures such as lights and other items that may interfere with the abatement process.
02 82 13.22 Commencement of Asbestos/Lead Abatement
A. Commencement of asbestos/lead abatement shall not occur until:
1. The decontamination enclosure system has been constructed.
2. All pre-abatement submissions, notifications, postings, and permits have been provided and are satisfactory to the Building Owner/Consultant.
3. All equipment for abatement, clean up and disposal are on hand.
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4. All worker training and certification is completed and available on site.
5. The enclosure systems have been constructed and tested.
6. Pressure differential ventilation systems are functioning properly.
7. The Contractor receives permission from the Building Owner/Consultant to commence abatement.
02 82 13.23 Work Place Entry and Exit Procedures
A. All personnel, before entering the work area, shall read and be familiar with all posted regulations, personal protection requirements (including work place entry and exit procedures) and emergency procedures. A sign-off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior to entry.
B. All personnel who enter the work area must sign the entry log, located immediately outside of the clean room, upon entry and exit.
C. All personnel shall proceed first to the clean room, remove all street clothing, don adequate respiratory protection (as deemed adequate for the job conditions) and disposable Tyvek type full body clothing. Hard hats, eye protection and gloves shall also be utilized if required. Clean protective clothing, and clean respirators with new HEPA filters shall be provided and utilized by each person for each separate entry into the work area.
D. Personnel wearing designated personal protective equipment shall proceed from the clean room through the shower room and equipment room to the main work area.
E. Before leaving the work area personnel shall remove gross contamination from the outside of respirators and protective clothing by brushing and/or wet wiping procedures. (Small HEPA vacuums with brush attachments may be utilized for this purpose. Larger machines have the potential for tearing the suits.) Each person shall clean the bottoms of protective footwear in the walk-off pan just prior to entering the equipment room.
F. After leaving the work area, personnel shall proceed to the equipment room where they remove all protective equipment except respirators. Deposit disposable clothing into appropriately labeled containers for disposal.
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G. Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work area. Upon completion of abatement, the contaminated footwear shall be disposed of as asbestos contaminated waste. (Rubber boots may be decontaminated at the completion of the abatement project.)
H. Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the respirators and their exposed face area under running water prior to removal of the respirator. Personnel shall then remove their respirator and then shower and shampoo to remove residual asbestos contamination from their bodies. Various types of respirators will require slight modification of these procedures. A powered air-purifying respirator face piece will have to be disconnected from the filter/power pack assembly, which is not waterproof, upon entering the shower. A dual cartridge respirator may be worn into the shower. Cartridges must be replaced for each new entry into the work area.
I. Personnel exiting the work area shall shower for a minimum of two minutes. Workers should take extra care in cleaning under fingernails, and should use the provided nylon fingernail brush.
J. After showering and drying off, proceed to the clean room and don street clothes.
K. Waste container pass out procedures.
1. Asbestos contaminated waste that has been containerized shall be transported out of the work area through the waste transfer airlock, or through the worker decontamination enclosure if a separate airlock has not been constructed.
2. The inside team wearing appropriate protective clothing and respirators for inside the work area shall clean the outside, including bottoms, of properly labeled containers (bags, drums, or wrapped components) using HEPA vacuums and wet/wiping techniques and transport them into the container staging area of the waste transfer airlock, or the shower room of the worker decontamination enclosure. No worker from the inside team shall exit the work area any further than this airlock.
3. The outside team shall wear protective clothing and appropriately assigned respirators (Note: Outside team workers may wear street clothes underneath their protective clothing.) The outside team shall enter the waste transfer airlock or decontamination enclosure from outside of the work area, and shall enclose the properly labeled containers (bags, drums, or wrapped components) in clean, labeled, (6)-mil polyethylene bags and remove them from the container staging area or the shower room to the Section 02 82 13 32 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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outside. No worker from the outside team shall enter the work area any further than this airlock.
4. The exit from this airlock shall be secured to prevent unauthorized entry.
02 82 13.24 Removal Procedures
A. Personal protective equipment per Section 02 82 13.5.
B. Wet all asbestos containing material with an amended water solution using equipment capable of providing a fine spray mist, in order to reduce airborne fiber concentrations when the material is disturbed. Saturate the material to the substrate. However, do not allow excessive water to accumulate due to storm water concerns. Keep all material wet enough to prevent fiber release until it can be containerized for disposal. Maintain a high humidity in the work area by misting or spraying to assist in fiber settling and reduce airborne concentrations. Wetting procedures are not equally effective on all types of asbestos containing materials, but shall be used in all possible cases (See Section 02 82 13.24 Part C, Special circumstances).
C. Special circumstances (e.g., live electrical equipment, high amosite content material, materials previously coated with an encapsulant or paint) may prohibit the adequate use of wet methods to reduce fiber concentrations. For these situations, a dry removal may be required. The Contractor will have to acquire special permits, different from those mentioned herein, and inform the DSHS enforcement agency.
D. Saturated asbestos containing material shall be removed in manageable sections. Removed material should be containerized before moving to a new location for continuance of work. Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up.
E. Material removed from building structures or components shall not be dropped or thrown to the floor. Material should be removed as intact section or components whenever possible and carefully lowered to the floor. If this cannot be done for materials greater than 50 feet above the floor, a dust tight chute shall be constructed to transport the material to containers on the floor or the material may be containerized at elevated levels (e.g., on scaffolds) and carefully lowered to the ground.
F. Containers (6-mil polyethylene bags or drums) shall be sealed when full. Waste material shall be double bagged. Bags shall not be overfilled. Bags should be Section 02 82 13 33 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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securely sealed to prevent accidental opening and leakage by tying tops of bags in an overhand knot or by taping the gooseneck fashion. Do not seal bags with wire or cord. Bags may be placed in drums for staging and transportation to the landfill. Bags shall be decontaminated on exterior surfaces by wet cleaning and HEPA vacuuming before being placed in clean drums and sealed with locking ring tops.
G. Large components removed intact may be wrapped in 2 lays of 6 mil polyethylene sheeting secured with tape for disposal staging.
H. Asbestos containing waste with sharp edged components (e.g., nails, screws, metal lathe, tin sheeting), will tear the polyethylene bags and sheeting, and therefore shall be placed into drums for disposal staging.
I. After completion of all stripping work, surfaces from which asbestos containing materials have been removed shall be wet brushed and sponged, or cleaned by some equivalent method to remove all visible residue
02 82 13.25 Clean Up Procedures
A. Remove and containerize all visible accumulations of asbestos containing material and asbestos contaminated debris utilizing rubber dustpans, plastic shovels and rubber squeegees to move material around. Do not use metal shovels to pick up or move accumulated waste.
B. Wet clean all surfaces in the work area using rags, mops and sponges as appropriate. (Some HEPA vacuums might not be wet/dry vacuums. To pick up excess water and gross wet debris, a wet/dry shop vacuum may be used). This will be contaminated and require cleaning prior to removal from the work area.
C. Remove all containerized waste from the work area and waste transfer airlock.
D. Remove the cleaned inner layer of plastic sheeting from floors, containerize and remove from the work area. The outer layer of plastic sheeting will remain in place. Any openings, tears, rips, etc. in the outer layer of plastic shall be repaired immediately. Windows, doors, HVAC system vents and other openings shall remain sealed. The pressure differential ventilation units shall remain in continuous operation. Decontamination enclosure systems shall remain in place and be utilized.
E. Decontaminate all tools and equipment and remove at the appropriate time in the cleaning sequence.
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F. Inspect the work area for visible residue. If any accumulation of residue is observed, it will be assumed to be asbestos and cleaning procedures shall be repeated.
G. The work area shall be cleaned until it is in compliance with State and Local requirements and any more stringent criteria agreed upon by the Contractor and the Building Owner/Consultant prior to initiation of abatement activities. Criteria for compliance shall be in the form of visual inspections and final air clearances, unless otherwise specified. Additional cleaning shall be provided, as necessary, at no cost to the Building Owner until these criteria have been met.
02 82 13.26 Disposal Procedures
A. As the work progresses, to prevent exceeding available storage capacity on site, sealed and labeled containers of asbestos containing waste shall be removed and transported to the prearranged disposal location.
B. Disposal must occur at the nearest authorized site in accordance with regulatory requirements of NESHAP and applicable State and Local guidelines and regulations.
C. Transportation to the nearest EPA approved landfill.
D. Once drums, bags or wrapped components have been removed from the work area, they shall be loaded into an enclosed LCWCC or trailer.
E. When moving containers, utilize hand trucks, carts and proper lifting techniques to avoid back injuries. Trucks with lift gates are helpful for raising drums during truck loading.
F. The enclosed cargo area of the truck shall be free of debris and lined with (6)-mil polyethylene sheeting to prevent contamination from leaking or spilled containers. Floor sheeting shall be installed first and shall extend up the side of the walls. Wall sheeting shall be overlapped and tapped into place.
G. Drums shall be placed on level surfaces in the cargo area and packed tightly together to prevent shifting and tipping. Large structural components shall be secured to prevent shifting. Bags shall be placed on top of structural components. Do not throw containers into truck cargo area.
H. Personnel loading asbestos containing waste shall be protected by disposable clothing including head, body, and foot protection, and at a minimum, half-face, air purifying, dual cartridge respirators equipped with HEPA filters. Section 02 82 13 35 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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I. Any debris or residue observed on containers or surfaces outside of the work area resulting from clean up or disposal activities shall be immediately cleaned up using a HEPA filtered vacuum and/or wet methods as appropriate.
J. Large metal dumpsters are sometimes used for asbestos waste disposal. These should have doors or tops that can be closed and locked to prevent vandalism, wind dispersion, or other disturbance of the bagged asbestos debris. Unbagged material shall not be placed in these containers, nor shall they be used for non- asbestos waste. Bags shall be placed, not thrown, into these containers to avoid splitting.
K. The dumpster will be covered at all times except when loading.
L. The dumpster will be marked and critical barriers will be in place.
M. When the dumpster is full it will be hauled away to an approved landfill for proper disposal.
N. Upon reaching the landfill, trucks are to approach the dump location as closely as possible for unloading of the asbestos containing waste.
O. Bags, drums and components shall be inspected, as they are off-loaded at the disposal site. Material in damaged containers shall be repacked in empty drums or bags as necessary.
P. Waste containers shall be placed on the ground at the disposal site, not pushed or thrown out of trucks. The weight of the material could rupture containers.
Q. Personnel off-loading containers at the disposal site shall wear protective equipment consisting of disposable head, body and foot protection, and at a minimum, half-face, air purifying, dual cartridge respirators equipped with HEPA filters.
R. Following the removal of all containerized waste, the truck cargo area shall be decontaminated using HEPA vacuums and/or wet methods to meet the no visible residue criteria. Polyethylene sheeting shall be removed and discarded along with contaminated cleaning materials and protective clothing, in bags or drums at the disposal site.
S. If landfill personnel have not been provided with personal protective equipment for the compaction operation by the landfill operator, the Contractor shall supply protective clothing and respiratory protection for the duration of this operation. Section 02 82 13 36 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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IV. Support Activities
02 82 13.27 Training
A. Training shall be provided by the Contractor to all employees or agents who may be required to disturb asbestos containing or asbestos contaminated materials for abatement and auxiliary purposes and to all supervisory personnel who may be involved in planning, execution or inspection of abatement projects.
B. All supervisory personnel and a minimum of fifty percent of the workers shall have skill and experience with all phases of abatement work as evidenced through participation in at least two asbestos abatement projects, including at least 30 days inside containment areas.
C. All supervisory personnel must have successfully completed an EPA approved training course for asbestos abatement contractors and supervisors.
D. All asbestos workers must have successfully completed an EPA approved training course for asbestos abatement workers.
E. Training courses shall provide, at a minimum, information on the following topics:
1. The health hazards of asbestos including the nature of various asbestos related diseases, routes of exposure, known dose-response relationships, the synergistic relationship between asbestos exposure and cigarette smoking, latency periods for disease and health basis for standards.
2. The physical characteristics of asbestos including fiber size, aerodynamic properties, physical appearance and uses.
3. Employee personal protective equipment including types and characteristics of respirator classes, limitations of respirators, proper selection, inspection, donning, use, maintenance and storage of respirators, field testing the face piece to face seal (positive and negative pressure fitting tests), qualitative and quantitative fit testing procedures, variations between laboratory and field fit factors, factors that affect respirator fit (e.g., facial hair), selection and use of disposable clothing, use and handling of launderable clothing, non-skid shoes, gloves, eye protection, and hard hats.
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4. Medical monitoring requirements for workers including required and recommended tests, reasons for medical monitoring and employee access to records.
5. Air monitoring procedures and requirements for workers including description of equipment and procedures, reasons for monitoring, types of samples and current standards with recommended changes.
6. Work practices for asbestos abatement including purpose, proper construction and maintenance of air tight plastic barriers, airlocks, decontamination enclosure systems and waste transfer airlocks, posting of warning signs, engineering controls, electrical and ventilation system lockout, proper working techniques, waste clean up, storage and disposal procedures.
7. Personal hygiene including entry and exit procedures for the work area, use of showers and prohibition of eating, drinking, smoking and chewing in the work area.
8. Special safety hazards that may be encountered including electrical hazards, air contaminants (e.g., carbon monoxide, wetting agents, encapsulants), fire and explosion hazards, scaffold and ladder hazards, slippery surfaces, confined spaces, heat stress and noise.
F. Workshops affording both supervisory personnel and abatement workers the opportunity to see and experience the construction of containment barriers and decontamination facilities.
G. Supervisory personnel shall, in addition, receive training on contract specifications, liability insurance and bonding, legal considerations related to abatement, establishing respiratory protection, medical surveillance programs, EPA and OSHA record keeping requirements, and other topics as required.
H. Training must be provided by individuals qualified by virtue of experience and education to discuss the above topics.
I. Training is to have occurred within the last 12 months.
J. Lead awareness training for all workers and supervisors must have occurred within the last 12 months.
K. Contractor must document training by providing originals or photocopies of training certificates which include: date of training, training entity, and Section 02 82 13 38 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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names and qualifications of trainers. A course outline may also be requested at the Building Owner’s/Consultants discretion.
02 82 13.28 Medical Monitoring
A. Medical Monitoring must be provided by the Contractor to any employee or agent that may be exposed to asbestos in excess of background levels during any phase of the abatement project. (Due to the synergistic effects between smoking and asbestos exposure, it is highly recommended that only non-smokers be employed in positions which may require them to enter asbestos contaminated atmospheres.
B. Medical monitoring shall include at a minimum:
1. A work/medical history to elicit symptomatology of respiratory disease.
2. A chest x-ray (posterior-anterior, 14 x 13 inches) evaluated by a certified B- reader.
3. A pulmonary function test, including forced vital capacity (FVC) and forced expiratory volume at one second (FEV), administered and interpreted by a Certified Pulmonary Specialist.
4. Employees shall be given an opportunity to be evaluated by a physician to determine their capability to work safely while breathing through the added resistance of a respirator. Examining physicians shall be aware of the nature of respiratory protective devices and their contributions to breathing resistance. They shall also be informed of the specific types of respirators the employee shall be required to wear, as well as special work place conditions such as high temperature, high humidity, and chemical contaminants to which the employee may be exposed.
C. Contractor shall adhere to OSHA 1926.62, Lead in Construction, for all medical requirements.
02 82 13.29 Laboratory Services
A. The laboratory utilized for analyzing air samples shall be satisfactory participants in a proficiency program such as the NIOSH Proficiency Analytical Testing (PAT) program for the analysis of asbestos air samples. The laboratory shall also be licensed by the Texas Department of State Health Services.
B. The laboratory used for bulk material identification shall be satisfactory participants in the NVLAP quality assurance program for bulk asbestos analysis. Section 02 82 13 39 University of Texas at Austin Asbestos/Lead Abatement Hogg Memorial Auditorium CP#522444
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The laboratory shall also be licensed by the Texas Department of State Health Services.
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CERTIFICATE OF COMPLETION (SF1)
TO: ______Owner
FROM: ______Contractor
BUILDING NUMBER/NAME: ______
PROJECT: ______
______
______
The Work for the above referenced project has been completed in accordance with applicable requirements specified in the contract and specifications.
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SECTION 03 30 00
CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies cast-in place concrete, including formwork, reinforcement, concrete materials, mixture design, placement procedures, and finishes, for the following: 1. Suspended slabs.
B. WORK INCLUDED 1. Furnish all labor and materials required to perform the following: a. Cast-in-place concrete b. Concrete mix designs
1.3 DEFINITIONS
A. Cementitious Materials: Portland cement alone or in combination with one or more of the following: blended hydraulic cement, fly ash and other pozzolans, ground granulated blast- furnace slag, and silica fume; subject to compliance with requirements.
1.4 SUBMITTALS
A. Product Data: For each type of product indicated.
B. Design Mixtures: For each concrete mixture submit proposed mix designs in accordance with ACI 318, chapter 5. Each proposed mix design shall be accompanied by a record of past performance.
C. Steel Reinforcement Submittals for Information: Mill test certificates of supplied concrete reinforcing, indicating physical and chemical analysis.
D. Material Test Reports: For the following, from a qualified testing agency, indicating compliance with requirements:
1. Aggregates.
E. Fly ash: Submit certification attesting to carbon content and compliance with ASTM C618.
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1.5 QUALITY ASSURANCE
A. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment.
B. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, obtain aggregate from one source, and obtain admixtures through one source from a single manufacturer.
C. ACI Publications: Comply with the following unless modified by requirements in the Contract Documents:
1. ACI 301, "Specification for Structural Concrete," Sections 1 through 5 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials."
D. Concrete Testing Service: Owner may engage a qualified independent testing agency to perform material evaluation tests.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and damage.
B. Waterstops: Store waterstops under cover to protect from moisture, sunlight, dirt, oil, and other contaminants.
C. Store all proprietary materials in accordance with manufacturer’s recommendations.
PART 2 - PRODUCTS
2.1 STEEL REINFORCEMENT
A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed.
B. Plain-Steel Welded Wire Reinforcement: ASTM A 185, plain, fabricated from as-drawn steel wire into flat sheets.
2.2 REINFORCEMENT ACCESSORIES
A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice," of greater compressive strength than concrete and as follows:
1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1 plastic-protected steel wire or CRSI Class 2 stainless-steel bar supports.
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2.3 CONCRETE MATERIALS
A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source, throughout Project:
1. Portland Cement: ASTM C 150, Type I/II
a. Fly Ash: ASTM C 618, Class F or C .
B. Normal-Weight Aggregates: ASTM C 33, Class 3S coarse aggregate or better, graded. Provide aggregates from a single source.
1. Maximum Coarse-Aggregate Size: As indicated on drawings . 2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.
C. Water: ASTM C 94/C 94M and potable.
2.4 CURING MATERIALS
A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete.
1. Products:
a. Axim Concrete Technologies; CATEXOL Cimfilm. b. BASF Construction Chemicals – Building Systems; Confilm. c. ChemMasters; Spray-Film. d. Conspec by Dayton Superior; Aquafilm. e. Dayton Superior Corporation; Sure Film (J-74). f. Edoco by Dayton Superior; BurkeFilm. g. Euclid Chemical Company (The), an RPM company; Eucobar. h. Kaufman Products, Inc.; Vapor Aid. i. Lambert Corporation; LAMBCO Skin. j. L&M Construction Chemicals, Inc.; E-Con. k. Meadows, W. R., Inc.; EVAPRE. l. Metalcrete Industries; Waterhold. m. Nox-Crete Products Group; Monofilm. n. Sika Corporation, Inc.; SikaFilm. o. SpecChem, LLC; Spec Film. p. Symons by Dayton Superior; Finishing Aid. q. TK Products, Division of Sierra Corporation; TK-2120 TRI-FILM. r. Unitex; Pro-Film. s. Vexcon Chemicals, Inc.; Certi-Vex Envio Set.
B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. (305 g/sq. m) when dry.
C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet.
D. Water: Potable.
E. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, dissipating.
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1. Products:
a. Anti-Hydro International, Inc.; AH Curing Compound #2 DR WB. b. BASF Construction Chemicals – Building Systems; Kure 200. c. ChemMasters; Safe-Cure Clear. d. Conspec by Dayton Superior; W.B. Resin Cure. e. Dayton Superior Corporation; Day Chem Rez Cure (J-11-W). f. Edoco by Dayton Superior; Res X Cure WB. g. Euclid Chemical Company (The), an RPM company; Kurez W VOX; TAMMSCURE WB 30C. h. Kaufman Products, Inc.; Thinfilm 420. i. Lambert Corporation; Aqua Kure-Clear. j. L&M Construction Chemicals, Inc.; L&M Cure R. k. Meadows, W. R., Inc.; 1100 Clear. l. Nox-Crete Products Group; Resin Cure E. m. Right Pointe; Clear Water Resin. n. SpecChem, LLC; Spec Rez Clear. o. Symons by Dayton Superior; Resi-Chem Clear. p. TK Products, Division of Sierra Corporation; TK-2519 DC WB. q. Vexcon Chemicals, Inc.; Certi-Vex Enviocure 100.
2.5 REPAIR MATERIALS
A. Repair Mortar – Hand-Applied: Pre-packaged, cement-based, two-component, polymer- modified, trowel-grade mortar, enhanced with penetrating corrosion inhibitor. 1. Compressive Strength: 1200 psi minimum at 1 day; 6000 psi minimum at 28 days when tested according to ASTM C 109. 2. Bond Strength: 1800 psi minimum at 28 days when tested according to ASTM C 882 (Modified). 3. Product / Manufacturer: SikaTop 122 Plus or SikaTop 123 Plus, Sika Corporation, or approved equal.
2.6 CONCRETE MIXTURES, GENERAL
A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI 301.
1. Use a qualified independent testing agency for preparing and reporting proposed mixture designs based on laboratory trial mixtures.
2. Required average strength above specified strength:
a. Based on a record of past performance: Determination of required average strength above specified strength shall be based on the standard deviation record of the results of at least 30 consecutive strength tests in accordance with ACI 318, Chapter 5.3 by the larger amount defined by formulas 5-1 and 5-2. b. Based on laboratory trial mixtures: Proportions shall be selected on the basis of laboratory trial batches prepared in accordance with ACI 318, Chapter 5.3.3.2 to produce an average strength greater than the specified strength f'c by the amount defined in table 5.3.2.2.
1) Proportions of ingredients for concrete mixes shall be determined by an independent testing laboratory or qualified concrete supplier.
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2) For each proposed mixture, at least three compressive test cylinders shall be made and tested for strength at the specified age. Additional cylinders may be made for testing for information at earlier ages.
B. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement in concrete as follows:
1. Fly Ash: 25 percent.
C. Color Pigment: Add color pigment to concrete mixture according to manufacturer's written instructions and to result in hardened concrete color consistent with approved mockup.
2.7 CONCRETE MIXTURES FOR BUILDING ELEMENTS
A. Proportion normal-weight concrete mixture as indicated on drawings.
2.8 FABRICATING REINFORCEMENT
A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice."
2.9 CONCRETE MIXING
A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M, and furnish batch ticket information.
1. When air temperature is between 85 and 95 deg F (30 and 35 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 95 deg F (32 deg C), reduce mixing and delivery time to 60 minutes.
B. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94/C 94M. Mix concrete materials in appropriate drum-type batch machine mixer.
1. For mixer capacity of 1 cu. yd. (0.76 cu. m) or smaller, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released. 2. For mixer capacity larger than 1 cu. yd. (0.76 cu. m), increase mixing time by 15 seconds for each additional 1 cu. yd. (0.76 cu. m). 3. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mixture type, mixture time, quantity, and amount of water added. Record approximate location of final deposit in structure.
2.10 ADMIXTURES
A. Color Pigment: ASTM C 979, synthetic mineral-oxide pigments or colored water-reducing admixtures; color stable, nonfading, and resistant to lime and other alkalis.
1. Manufacturers:
a. ChemMasters. b. Davis Colors. c. Dayton Superior Corporation. Hogg Memorial Auditorium 03-33-00- 5 ARCHITEXAS Cast-in-Place Concrete CP522444
d. Hoover Color Corporation. e. Lambert Corporation. f. QC Construction Products. g. Rockwood Pigments NA, Inc. h. Scofield, L. M. Company. i. Solomon Colors, Inc. j. Approved equal.
2. Color: As selected by Architect from manufacturer's full range.
PART 3 - EXECUTION
3.1 STEEL REINFORCEMENT
A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement.
1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete.
B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that would reduce bond to concrete.
C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars.
D. Installation tolerances:
1. Top and bottom bars in slabs, girders, beams and joists:
a. Members 8" deep or less: ±3/8" b. Members more than 8" deep: ±1/2"
2. Concrete Cover to Formed or Finished Surfaces: ±3/8" for members 8" deep or less; ±1/2" for members over 8" deep, except that tolerance for cover shall not exceed 1/3 of the specified cover.
E. Concrete Cover: Refer to the Structural Notes.
F. Splices: Provide standard reinforcement splices by lapping and tying ends. Comply with ACI 318 for minimum lap of spliced bars where not specified on the documents. No. 14 and 18 bars shall not be lap spliced.
G. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces.
H. Install welded wire reinforcement in longest practicable lengths on bar supports spaced to minimize sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset laps of adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire.
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3.2 CONCRETE PLACEMENT
A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed.
B. Do not add water to concrete during delivery, at Project site, or during placement unless approved by Architect.
1. Water may be added to the concrete at the project site only if specifically withheld at the time of batching and specifically noted on the batch ticket.
C. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301, and only if specifically noted as withheld on the batch ticket.
1. Do not add water to concrete after adding high-range water-reducing admixtures to mixture. 2. Water content shall not exceed the maximum specified water/cement ratio for the mix.
D. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation.
1. Deposit concrete in horizontal layers of depth to not exceed formwork design pressures and in a manner to avoid inclined construction joints. 2. Consolidate placed concrete with mechanical vibrating equipment according to ACI 301. 3. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches (150 mm) into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mixture constituents to segregate. 4. Do not permit concrete to drop freely any distance greater than 20'-0" for concrete containing a high range water reducing admixture (superplasticizer) or 5'-0" for other concrete. Provide chute or tremie to place concrete where longer drops are necessary. Do not place concrete into excavations with standing water. If place of deposit cannot be pumped dry, pour concrete through a tremie with its outlet near the bottom of the place of deposit. 5. Pump priming grout shall be discarded and not used in the structure.
E. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete.
1. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. 2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open-textured surface plane, before excess bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations.
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3.3 FINISHING FORMED SURFACES
A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defects repaired and patched. Remove fins and other projections that exceed specified limits on formed-surface irregularities.
1. Apply to concrete surfaces not exposed to public view.
B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects. Remove fins and other projections that exceed specified limits on formed-surface irregularities.
1. Apply to concrete surfaces exposed to public view, to receive a rubbed finish, or to be covered with a coating or covering material applied directly to concrete.
3.4 MISCELLANEOUS CONCRETE ITEMS
A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in- place construction. Provide other miscellaneous concrete filling indicated or required to complete the Work.
3.5 CONCRETE PROTECTING AND CURING
A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and ACI 305.1 for hot- weather protection during curing.
B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h (1 kg/sq. m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing.
C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing for the remainder of the curing period.
D. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces.
E. Cure concrete according to ACI 308.1, by one or a combination of the following methods:
1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials:
a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12-inch (300-mm) lap over adjacent absorptive covers.
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2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches (300 mm), and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period using cover material and waterproof tape.
a. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive floor coverings. b. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive penetrating liquid floor treatments. c. Cure concrete surfaces to receive floor coverings with either a moisture-retaining cover or a curing compound that the manufacturer certifies will not interfere with bonding of floor covering used on Project.
3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period.
4. Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Repeat process 24 hours later and apply a second coat. Maintain continuity of coating and repair damage during curing period.
3.6 CONCRETE SURFACE REPAIRS
A. Surface Defects in Concrete: Repair and patch defective areas when approved by Engineer. Remove and replace concrete that cannot be repaired and patched to Owner's approval.
B. Contractor shall submit a detailed, descriptive procedure listing proposed pre-packaged repair materials and methods for the repair of surface defects prior to the start of repair work.
C. Patching Mortar: Mix, place and finish pre-packaged repair mortar in accordance with manufacturer’s instructions.
D. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, minor honeycombs and rock pockets with no exposed reinforcement, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning.
1. Immediately after form removal, cut out minor honeycombs, rock pockets, and voids more than 1/2 inch (13 mm) in any dimension in solid concrete, but not less than 1 inch (25 mm) in depth. Make edges of cuts perpendicular to concrete surface, 1/4 inch deep minimum. Clean, dampen with water, and brush-coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form- tie voids with patching mortar or cone plugs secured in place with bonding agent. 2. Repair defects on surfaces exposed to view using pre-packaged repair mortar so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface.
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E. Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped template.
1. Repair finished surfaces containing defects. Surface defects include minor spalls, pop outs, honeycombs and rock pockets with no exposed reinforcement, crazing and cracks in excess of 0.01 inch (0.25 mm) wide that do not penetrate to reinforcement, and other objectionable conditions. 2. After concrete has cured at least 14 days, correct high areas by grinding. 3. Correct localized low areas during or immediately after completing surface finishing operations by cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete. 4. Correct other low areas scheduled to receive floor coverings with a repair underlayment. Prepare, mix, and apply repair underlayment and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. Feather edges to match adjacent floor elevations. 5. Correct other low areas scheduled to remain exposed with a repair topping. Cut out low areas to ensure a minimum repair topping depth of 1/4 inch (6 mm) to match adjacent floor elevations. Prepare, mix, and apply repair topping and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. 6. Repair defective areas, except random cracks and single holes 1 inch (25 mm) or less in diameter, by cutting out and replacing with patching mortar. Remove defective areas with clean, square cuts, ¼” deep minimum. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Place, compact, and finish patching mortar to blend with adjacent finished concrete. Cure in same manner as adjacent concrete. 7. Repair random cracks and single holes 1 inch (25 mm) or less in diameter with patching mortar. Groove top of cracks and cut out holes to sound concrete and clean off dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding agent. Place patching mortar before bonding agent has dried. Compact patching mortar and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours. 8. Unapproved and defective repairs shall be removed and replaced in accordance with requirements provided by the Engineer at no additional cost to the Owner.
3.7 STRUCTURAL REPAIRS
A. Structurally Defective Concrete: Structural defects include spalls, honeycombs or rock pockets with exposed reinforcement, hollow-sounding concrete, cracks that penetrate to the reinforcement or completely through concrete elements, inadequate cover over reinforcement, and other conditions that affect the structural performance or durability of the concrete as determined by the Engineer.
B. Repair structural defects in concrete in accordance with plans, specifications, details, etc. provided by the Engineer.
1. The cost of the additional services provided by the Engineer to prepare the repair documents, and to oversee the repair work shall be borne by the Contractor.
C. Unapproved and defective repairs shall be removed and replaced in accordance with requirements provided by the Engineer at no additional cost to the Owner.
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3.8 CLEANUP
A. Imperfect or damaged work or any material damaged or determined to be defective before final completion and acceptance of the entire job shall be satisfactorily replaced at the Contractor's expense, and in conformity with all of the requirements of the Drawings and Specifications. Removal and replacement of concrete work shall be done in such manner as not to impair the appearance or strength of the structure in any way.
B. Cleaning: Upon completion of the work all forms, equipment, protective coverings and any rubbish resulting therefrom shall be removed from the site. After sweeping floors, wash floors with clean water. Finished concrete surfaces shall be left in a clean condition, satisfactory to the Owner.
3.9 FIELD QUALITY CONTROL
A. Testing and Inspecting: Owner may engage a special inspector and qualified testing and inspecting agency to perform field tests and inspections and prepare test reports.
B. Inspections may include:
1. Steel reinforcement placement. 2. Verification of use of required design mixture. 3. Concrete placement, including conveying and depositing. 4. Curing procedures and maintenance of curing temperature. 5. Verification of concrete strength before removal of shores and forms from beams and slabs.
C. Concrete Tests: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements:
1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture exceeding 5 cu. yd. (4 cu. m), but less than 25 cu. yd. (19 cu. m), plus one set for each additional 50 cu. yd. (38 cu. m) or fraction thereof. 2. Slump: ASTM C 143/C 143M; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mixture. Perform additional tests when concrete consistency appears to change. 3. Air Content: ASTM C 231, pressure method, for normal-weight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mixture. 4. Concrete Temperature: ASTM C 1064/C 1064M; one test hourly when air temperature is 40 deg F (4.4 deg C) and below and when 80 deg F (27 deg C) and above, and one test for each composite sample. 5. Compression Test Specimens: ASTM C 31/C 31M.
a. Cast and laboratory cure four cylinders for each composite sample.
1) Do not transport field-cast cylinders until they have cured for a minimum of 24 hours.
6. Compressive-Strength Tests: ASTM C 39/C 39M;
a. Test one cylinder at 7 days b. Test two cylinders at 28 days c. Test one cylinder at 56 days
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d. If 4” by 8” cylinders are used, provide 1 additional cylinder at each stage
7. Strength of each concrete mixture will be satisfactory if every average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive-strength test value falls below specified compressive strength by more than 500 psi (3.4 MPa). 8. Test results shall be reported in writing to Architect, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests. 9. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Architect but will not be used as sole basis for approval or rejection of concrete. 10. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Architect. Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42/C 42M or by other methods as directed by Architect.
a. When the strength level of the concrete for any portion of the structure, as indicated by cylinder tests, falls below the specified requirements, the Contractor shall provide improved curing conditions and/or adjustments to the mix design as required to obtain the required strength. If the average strength of the laboratory control cylinders falls so low as to be deemed unacceptable, the Contractor shall follow the core test procedure set forth in ACI 301, Chapter 17. Locations of core tests shall be approved by the Architect. Core sampling and testing shall be at Contractors expense. b. If the results of the core tests indicate that the strength of the structure is inadequate, any replacement, load testing, or strengthening as may be ordered by the Architect shall be provided by the Contractor without cost to the Owner.
11. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. 12. Correct deficiencies in the Work that test reports and inspections indicate does not comply with the Contract Documents.
END OF SECTION 03 30 00
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SECTION 04 01 10
CHEMICAL CLEANING OF MASONRY
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Selective cleaning of exterior stone masonry at planter and areaway walls where stone replacement and repair are indicated [Alternate No. 3].
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements. 2. Section 01 23 00 – Alternates for all work indicated in Section 04 01 10. 3. Section 04 01 30 – Masonry Restoration for stone masonry replacement and repair [Alternate No. 3]. 4. Section 07 92 00 – Joint Sealers for replacing sealant between planters/areaway and building wall [Alternate No. 3].
1.2 DESCRIPTION OF WORK
A. Masonry cleaning shall be completed prior to masonry restoration and sealant work.
B. The goal of the work of this Section is to remove black/dark stains, atmospheric dirt, and other residue from exposed masonry surfaces of the building to provide a clean, uniform appearance without blotches, streaks, runs or other kinds of spotty appearance. Any work that does not achieve this goal will be considered unsuccessful and will have to be re-cleaned until this goal is achieved, at no additional cost to the Owner.
1.3 REFERENCES
A. Preservation Brief 1: Assessing Cleaning and Water-Repellent Treatments for Historic Masonry Buildings, Robert C. Mack, FAIA, and Anne E. Grimmer. National Park Service, revised November, 2000.
1.4 DEFINITIONS
A. Etch: Action or effect of an acid-based compound on a surface.
B. Hone: Removal of scratches by “wet” grinding with diamond pads. (A satin finish with little or not gloss).
C. Poultice: A unique mixture, which when applied extricates a stain from natural stone.
D. Pressure Spray: 1. Low-Pressure Spray: 100 to 400 psi; 4 to 6 gpm. 2. Medium-Pressure Spray: 400 to 800 psi; 4 to 6 gpm. 3. High-Pressure Spray: 800 to 1200 psi; 4 to 6 gpm.
E. Restoration: Process of bringing material back to its original appearance.
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1.5 SUBMITTALS
A. Product Data: Submit manufacturer’s specifications, Material Safety Data Sheets (MSDS), and other data for each manufactured product, including certification that each product complies with specified requirements. Include written instructions for handling, storage, protection and use.
B. Environmental Regulations: 1. Contractor is responsible for proper disposal of all waste and cleaning materials. 2. Submit, for Owner review, a letter of acceptance from local regulatory entities (such as Storm or Sanitary Sewer Departments) indicating that procedure for disposal of cleaning effluent is compliant with relevant rules and regulations.
1.6 QUALITY ASSURANCE
A. Applicator: 1. Minimum 3 years documented experience in work of this Section. 2. Successful completion of at least 3 projects of similar scope and complexity within past 5 years.
B. Mockups: 1. Control Test Sample: Upon approval of product data and methods, prepare cleaning sample(s) approximately 10 square feet for each type of masonry and surface condition and for each type of cleaning product and stain removal technique proposed in locations approved by the Architect. a. Allow cleaning solutions to remain on surface for varying time periods in several locations to determine optimum time required. b. Perform multiple applications of varying concentrations of cleaning solutions to determine optimum concentration. c. Ensure that materials and procedures will not discolor or damage existing surfaces. 2. Allow a waiting period of not less than 7 days after completion of sample cleaning to permit a study of sample panels for negative reactions.
C. Miscellaneous 1. Methods of Application: Submit a written description of the full range of methods and procedures proposed for cleaning and stain removal including but not limited to: method of application, dilution of application, temperature of application, length of time of surface contact, method of rinsing surface (temperature, pressure, and duration), repetition of procedure, etc. 2. Methods of Protection: Submit a written description of proposed materials and methods of protection for preventing damage to any non-masonry surfaces in proximity to this work, including glass and metals. These methods and materials may include, but are not limited to, spray-on, peel-off type liquid materials and masking tape. Outline methods proposed to keep water from reaching the interior of the building. 3. If materials and methods other than those indicated are proposed for cleaning work, provide a written description, including evidence of successful use on other comparable projects, and a testing program to demonstrate their effectiveness for this Project.
1.7 DELIVERY, STORAGE AND HANDLING
A. Deliver materials in manufacturer’s original sealed and labeled containers.
B. Store all materials in accordance with manufacturer’s recommendations and free from extremes of temperature.
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1.8 PROJECT CONDITIONS
A. Clean stone surfaces only when air temperature is 50 deg F (10 deg C) and above and will remain so for at least 7 days after completion of cleaning.
B. Do not perform work when wind could carry materials to adjacent or underlying materials, or to adjacent property.
C. Perform all work of this Section in accordance with all Federal, State and local regulations regarding the transportation, storing, handling, application, removal and disposal of the products involved.
D. Protect workers and public from injury during this work. Provide all required temporary partitions, closures, guards, notices, and the like.
E. Protect the site and adjoining property, including vehicles, from damage that may result from this work. Trees and plants around the building shall be protected from contamination.
F. Take all measures required to ensure that the building remains completely watertight throughout the course of this work.
G. Repair damage to the building caused by penetration of water, or other factors resulting from failure to properly protect the building during work of this Section. Repairs shall be completed at no additional cost to the Owner, in a manner that fully restores all affected elements to their condition prior to damage.
PART 2 - PRODUCTS
2.1 GENERAL
A. Masonry cleaning materials used in this work shall be part of a system of products produced by one manufacturer, where possible, to ensure compatibility.
B. All materials shall be manufactured for the purpose in which they are proposed for use unless otherwise recommended by cleaning product manufacturer in writing, tested as indicated under Section 1.6.B Mock-ups, and approved by the Architect.
C. All chemical materials, compounds, liquids, etc. shall be safe and shall not violate state or federal environmental or safety regulations.
D. Injurious substances or any ingredients that independently or in combination with other compounds, fluids or solutions will damage masonry shall not be used. Methods or products causing abrasion or similar damage to the surface finish of the masonry shall not be used.
E. No sand, silica flour, or any other grit shall be used either singly or in combination with pressurized air, water or any other liquid.
2.2 CHEMICAL CLEANING SYSTEM FOR CLEANING LIMESTONE
A. Liquid Cleaner: Envio Klean Reklaim Cleaner, as manufactured by PROSOCO, Inc., 3741 Greenway Circle, Lawrence, KS 66046. Phone: (800) 255-4255; Fax: (785) 830-9797.
B. Liquid Activator: Envio Klean Reklaim Activator, as manufactured by PROSOCO, Inc., 3741 Greenway Circle, Lawrence, KS 66046. Phone: (800) 255-4255; Fax: (785) 830-9797.
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C. Neutralizer: Sure Klean Limestone & Masonry Afterwash (diluted 1:1 with clean water), as manufactured by PROSOCO, Inc., 3741 Greenway Circle, Lawrence, KS 66046. Phone: (800) 255- 4255; Fax: (785) 830-9797.
D. Water: Clean, potable, free of oils, acids, alkalis, salts, and organic matter. 1. Warm Water: Heat water to a temperature of 140 to 160 deg. F (60 to 71 deg. C).
2.3 CLEANING MATERIALS AND EQUIPMENT
A. Spray Equipment: 1. Provide equipment for controlled spray application of water and chemical cleaners, at rates indicated for pressure, measured at spray tip, and for volume. Adjust pressure and volume, as required, to ensure that damage to masonry does not result from cleaning methods. a. Pressure not to exceed 800 psi for limestone. b. For water spray application, provide a fan-shaped spray tip that disperses water at an angle of not less than 15 degrees. c. For heated water spray application, provide equipment capable of maintaining a temperature at flow rates indicated between 140 and 160 deg F (60 and 71 deg. C) d. For chemical cleaner spray application, provide low-pressure tank or chemical pump suitable for chemical cleaner indicated, equipped with a con-shaped spray tip.
B. Brushes: Natural fiber bristle brushes (Nonmetallic).
C. Liquid Strippable Masking Agent: Manufacturer’s standard liquid, film-forming, strippable masking material for protecting glass and metal surfaces from damaging affects of acidic and alkaline cleaners. 1. Product: Sure Klean Acid Stop, as manufactured by PROSOCO, Inc., 3741 Greenway Circle, Lawrence, KS 66046. Phone: (800) 255-4255; Fax: (785) 830-9797.
PART 3 - EXECUTION
3.1 PREPARATION
A. General: Comply with chemical cleaner manufacturer’s written instructions for protecting building surfaces against damage from exposure to their products.
B. Protect persons, motor vehicles, surrounding surfaces of building being restored, building site, plants, and surrounding buildings from injury from masonry cleaning work. 1. Do not clean stone during winds of sufficient force to spread cleaning solutions to unprotected surfaces. 2. Neutralize and collect alkaline and acid wastes. Dispose of runoff from cleaning operations by legal means and in a manner that prevents soil erosion, undermining of paving and foundations, damage to landscaping, and water penetration into building interiors.
3.2 SEQUENCING OF WORK
A. Clean existing masonry surfaces using specified chemical cleaners to remove biological and atmospheric dirt.
B. Re-Clean difficult areas using specified chemical cleaners to remove staining if goal of cleaning work is not considered successful as determine by the Architect.
C. Selectively re-point deteriorated, cracked, and failing brick and stone masonry joints.
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D. Replace and repair stone masonry.
E. Remove and replace existing sealant as specified in Section 07 92 00.
3.3 CLEANING STONE, GENERAL
A. Proceed with cleaning in an orderly manner, work from bottom to top of the building.
B. Use only those cleaning methods indicated for each masonry material and location. 1. Use natural-fiber brushes only. 2. Use spray equipment that provides controlled application at volume and pressure indicated, measured at spray tip. Adjust pressure and volume to ensure that cleaning methods do not damage stonework. a. Equip units with pressure gages.
C. Perform each cleaning method indicated in a manner that results in uniform coverage of all surfaces, including corners, moldings, and interstices, and that produces an even effect without streaking or damaging stone surfaces.
D. Chemical Cleaner Application Methods: Apply chemical cleaners to stone surfaces to comply with chemical cleaner manufacturer’s written instructions. 1. Reapplying Chemical Cleaners: Do not apply chemical cleaners to same stone surfaces more than twice, unless otherwise approved by Architect.
E. Rinse off chemical residue and soil by working upward from bottom to top of each treated area at each stage or scaffold setting.
3.4 CHEMICAL CLEANING OF MASONRY
A. Remove dirt, hydrocarbons, grease, oil, environmental pollutants, biological growth, and residues.
B. Sandblasting and the use of non-proprietary acids are prohibited.
C. Follow manufacturer's instructions and procedures established during preparation of mockups.
D. Apply cleaning solution using synthetic roller, soft-bristled brush or spray applicator. Work into surface voids and irregularities.
E. Allow solution to stand on surfaces for 5 to 20 minutes. Do not allow to dry; reapply as necessary.
F. Gently scrub heavily soiled surfaces with medium hard bristle brush.
G. Rinse surfaces with medium pressure water. Hold nozzle perpendicular to surface; work at uniform rate and uniform distance from surface. Rinse from the bottom up.
H. Continue washing until sudsing has ceased.
I. Immediately after rinsing, apply afterwash solution using same procedures as cleaning solution. Allow to stand on surface for 3 to 5 minutes, then rinse thoroughly with medium pressure water.
J. Repeat process if required until masonry is clean.
K. Do not damage existing surfaces. Leave surfaces uniform in appearance.
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3.5 FINAL CLEANING
A. Contractor shall repeat the processes of the work of this Section until the goal of a clean, uniform surface is achieved.
B. Do not use acidic or alkaline cleaners for final cleaning.
END OF SECTION
Hogg Memorial Auditorium 04 01 10- 6 ARCHITEXAS Chemical Cleaning of Masonry CP522444
SECTION 04 90 50
MASONRY RESTORATION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Replacement and repair of stone masonry at existing planters and areaway along south elevation [Alternate No. 3]; Work includes: a. Replacement of damaged stone. b. Repairing damaged stone with stone Dutchman. c. Resetting displaced stone. d. Repairing cracked stone. e. Selectively repointing cracked and failing mortar joints.
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements. 2. Section 01 23 00 - Alternates for all work indicated in Section 04 90 50 – Masonry Restoration. 3. Section 04 01 43 – Chemical Cleaning of Masonry for limited cleaning at masonry repair/replacement areas. 4. Section 07 92 00 – Joint Sealers for replacing sealant between planters/areaway and building wall.
1.2 REFERENCES
A. American Society for Testing and Materials (ASTM): 1. C 97 - Absorption and Bulk Specific Gravity of Dimension Stone. 2. C 170 - Compressive Strength of Natural Building Stone. 3. C 295 - Petrographic Examination of Aggregates for Concrete. 4. ASTM C91-01: Standard ASTM C144-03: Standard Specification for Aggregate for Masonry. 5. ASTM C150-02ae1: Standard Specification for Portland Cement. 6. ASTM C207-97: Standard Specification for Hydrated Lime for Masonry Purposes. 7. ASTM C270-03: Standard Specification for Mortar for Unit Masonry.
B. IMIAC (International Masonry Industry All-Weather Council) - Recommended Practices and Guide Specifications for Cold Weather Masonry Construction.
C. Preservation Brief 2: Repointing Mortar Joints in Historic Brick Buildings, Robert C. Mack, FAIA, National Park Service, revised October, 1998.
1.3 DEFINITIONS AND GOALS
A. Defective/Deteriorated Joint: Joints in which mortar is missing, loose, eroded, cracked, powdered, unsound, or weathered more than 1/8 inch from original plane.
B. Dutchman: The removal of areas of unsound stone from a single unit and the installation of a piece of the same stone, cut, carved and tooled to match.
Hogg Memorial Auditorium 04 90 50 - 1 ARCHITEXAS Masonry Restoration CP522444
C. Patching: The goal of patching is to remove areas of deteriorated stone from individual units and recreate missing lines, forms and shapes with a compatible material that has the color and texture of the original stone.
D. Re-pointing: The process of raking out (removing) mortar and replacing it with new mortar.
1.4 SUBMITTALS
A. Product Data: Submit manufacturer’s technical data for each product indicated including recommendations for their application and use. Include test reports and certifications substantiating that products comply with specified requirements. Submit Material Safety Data Sheets for each product proposed for use.
B. Samples: Submit, for verification purposes, prior to mock-up erection, samples of the following: 1. Replacement limestone in sufficient quantity to show full color and texture range, minimum 12- inch x 12-inch samples. 2. Two cured mortar samples, 6 x ½ x ½ inches in size. Samples will be compared to original unweathered samples to determine acceptability of match. 3. Each type of anchor. 4. Each type of adhesive.
C. Qualification Statement: Restorer qualifications, including previous projects.
1.5 QUALITY ASSURANCE
A. Restoration Specialist: 1. Work of this Section must be performed by an experienced stone restoration firm that has completed work similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance, having not less than 5 years comparable experience. 2. Field Supervision: Restoration specialist firm shall maintain an experienced full-time supervisor on the Project site during times that masonry restoration work is in progress.
B. Field-Constructed Mock-ups: Contractor shall prepare the following sample panels on the building where directed by the Architect. Obtain Architect’s acceptance of visual qualities before proceeding with the work. Retain accepted panels in undisturbed condition as a standard for judging completed work. 1. Stone dutchman repair demonstrating removal of deteriorated stone and installation of stone dutchman. 2. Crack repair with adhesive. 3. Stone Re-pointing: Prepare two separate samples in-situ of approximately 3 feet high by 6 feet wide of re-pointing. One for demonstrating methods and quality of workmanship expected in removal of mortar from joints and the other for demonstrating visual qualities of pointing mortar and workmanship expected in pointing mortar joints.
1.6 PROJECT CONDITIONS
A. Environmental Requirements: 1. Hot weather requirements: If ambient temperature is over 95 degrees F or relative humidity is less than 50 percent, protect from direct sun and wind exposure for minimum 48 hours after installation.
B. Cold weather requirements:
Hogg Memorial Auditorium 04 90 50 - 2 ARCHITEXAS Masonry Restoration CP522444
1. In accordance with IMIAC requirements. 2. Do not use frozen materials or build upon frozen work.
1.7 SEQUENCING/SCHEDULING
A. Perform masonry restoration work in a logical sequence. Submit a plan sequencing for the following items of work: 1. Masonry cleaning, specified under Section 04 01 43. 2. Removal of deteriorated portions of existing stone masonry for the following repairs: stone dutchman, resetting displaced stone, and repairing cracked stone. 3. Re-pointing defective and or deteriorated stone masonry joints. 4. Resealing open and or deteriorated sealant joints, specified under Section 07 92 00.
1.8 DELIVERY, STORAGE AND HANDLING
A. Deliver masonry restoration materials to site in manufacturer’s original and unopened containers and packaging, bearing labels as to type and names of products and manufacturer’s.
B. Protect masonry restoration materials during storage and construction from wetting by rain, snow or ground water, and from staining or intermixture with earth or other types of materials.
C. Comply with manufacturer’s recommendations for minimum and maximum temperature requirements for storage.
PART 2 - PRODUCTS
2.1 REPLACEMENT STONE AND STONE FOR DUTCHMAN REPAIR
A. Description: Provide natural Texas limestone from a single quarry with low clay content and with minimum average compressive strength parallel when load is applied to bedding plane: 2106 psi when tested in accordance with ASTM C170. 1. Type: Texas Cordova Shell Limestone to match original in color and texture, as distributed by Texas Quarries, Cedar Park, TX 78613.
B. Grout for Dutchman Seams: Jahn M-40 Crack and Void Injection Grout, as manufactured by Cathedral Stone Products, Inc., Hanover MD, (800) 684-0901.
C. Anchor Setting Mortar: Single component, cementitious, non-shrink mortar for securing anchors in new or existing masonry structures. 1. Product: Jahn M-80 Anchor Setting Mortar, as manufactured by Cathedral Stone Products Inc., Hanover, MD, (800) 684-0901.
2.2 POINTING MORTAR
A. Description: Single-component, cementitious, mineral based pointing mortar specifically formulated for the restoration of mortar joints in masonry and designed to have a lower compressive strength than the surrounding masonry, vapor permeable and ability to be custom colored.
B. Product: Jahn M110 Historic Pointing Mortar as manufactured by Cathedral Stone Products, Inc., Hanover MD, (800) 684-0901.
Hogg Memorial Auditorium 04 90 50 - 3 ARCHITEXAS Masonry Restoration CP522444
1. Provide Type N mortar, adjust as recommended by manufacturer for existing stone being re- pointed. 2. Color: Provide custom color to closely match existing pointing mortar.
2.3 MASONRY ACCESSORIES
A. Anchors: Stainless steel threaded rods, ASTM A 480 or A 666, Type 302 or 304, minimum 3/8 inch diameter.
B. Adhesive for repairing cracked stone: Cementitious based materials that contains no latex or acrylic bonding agents specially designed to reattach broken, loose, or spalled stone. 1. MASONRE Adhesive as manufactured by Cathedral Stone Products, Inc. Hanover, MD, (800) 684-0901.
PART 3 - EXECUTION
3.1 SURFACE CONDITIONS
A. Inspection 1. Prior to work of this Section, carefully inspect the work of all other trades and verify that all such work is completed to the point where this installation may properly commence. 2. Verify that masonry may be completed in accordance with all pertinent codes and regulations, the referenced standards, and the original design. 3. Do not start work until mock-ups are accepted by the Architect.
B. In the event of discrepancy, immediately notify the Architect. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved.
3.2 STONE REMOVAL AND REPLACEMENT
A. At locations indicated, remove stone that has deteriorated is damaged beyond repair or is displaced. Carefully demolish or remove entire unit from joint to joint, without damaging surrounding stone, in a manner that permits replacement with full-size unit or resetting of displaced unit.
B. Support and protect remaining stonework that surrounds removal area. Maintain flashing, reinforcement, lintels, and adjoining construction in an undamaged condition.
C. Notify Architect of unforeseen detrimental conditions including voids, cracks, bulges, and loose masonry units in existing masonry backup, rotted wood, rusted metal, and other deteriorated items.
D. Remove in an undamaged condition as many whole stone units as possible. 1. Remove mortar, loose particles, and soil from stone by cleaning with hand chisels, brushes, and water. 2. Remove sealants by cutting close to stone with utility knife and cleaning with solvents. 3. Store stone for reuse, as indicated.
E. Clean stone surrounding removal areas by removing mortar, dust, and loose particles in preparation for replacement.
F. Replace removed stone with new stone matching existing stone, including size. Butter vertical joints for full width before setting and set units in full bed of mortar, unless otherwise indicated. Replace existing anchors with new anchors of size and type indicated.
Hogg Memorial Auditorium 04 90 50 - 4 ARCHITEXAS Masonry Restoration CP522444
1. Tool exposed mortar joints in repaired areas to match joints of surrounding existing stonework. 2. Rake out mortar used for laying stone before mortar sets and point new mortar joints in repaired area to comply with requirements for repointing existing stone, and at same time as repointing of surrounding area where deteriorated.
G. Contractor is responsible for repair or replacement of stone that is damaged during removal where the stone is indicated to be salvaged for re-use.
3.3 STONE DUTCHMAN REPAIR
A. Large Spalled Areas (3 inches or more in depth and 6 inches or more in diameter) and Severely Deteriorated Surfaces
B. Inspection: Prior to cutting out for the installation of new stone dutchman, the Contractor shall verify all locations and dimensions of stone to be removed by inspecting and sounding those areas indicated on the Contract Documents as requiring dutchmen. The Contractor shall submit shop drawings indicating the location, sizes, and anchoring detail of each dutchman unit. Obtain Architect’s approval for locations, sizes and anchor details prior to cutting out stone. The Contractor shall notify the Architect in writing if conditions in the field differ from those indicated on the Contract Documents or stone shop drawings.
C. Carefully cut out by hand, for installation of dutchman stone scheduled for removal. Cutting out of stone shall be in the locations indicated on the approved shop drawings. Cut out without damaging surrounding masonry to remain. Obtain approval for cutting masonry anchors encountered at cut outs for dutchman. Cut sides and backs of stone reveals flat with 90 degree corners.
D. Remove mortar, loose particles, old patches and debris from existing surrounding masonry in preparation for replacement. Clean with stiff brushes or by flushing with water.
E. Stone Installation: 1. General: Dutchmen shall be installed level, plumb, square and true within the allowable tolerances. The units are to be positioned in such a manner that no dimensional error is allowed to occur. Horizontal and vertical seams shall be correctly aligned and of uniform width. Complete surface tooling, honing or dimensioning after stone dutchman units have been installed. Blend all finishes on dutchman units with finishes on adjacent stone. 2. Set dutchman with specified adhesive in the position to which it is assigned in accordance with the approved setting drawings. 3. Drill new holes into the new stone and into the existing masonry back-up. The drilled holes shall be cleaned with stiff nylon or natural bristle brushes or by flushing with water. 4. The stainless steel threaded rod shall be cleaned and degreased as necessary to remove all contaminants, which may hinder the adhesive bond. 5. All surfaces that are in contact with adhesive must be free of dirt, dust, paint, glaze, grease, oil, rust, or other contaminant. Surface may be dry or damp (no free water). The adhesive shall come in contact with clean sound surfaces. 6. Grout face of dutchman seams with specified grout tinted to match the adjacent stone.
3.4 ROUTING AND REPOINTING MORTAR JOINTS
A. Rake out and repoint mortar joints at the following conditions: 1. Joints where mortar is missing or where they contain holes. 2. Cracked joints, where mortar has separated from unit masonry. 3. Joints where they are deteriorated to point that mortar can be easily removed by hand.
B. Do not rake out and repoint joints where not required.
Hogg Memorial Auditorium 04 90 50 - 5 ARCHITEXAS Masonry Restoration CP522444
C. Rake out joints as follows: 1. Remove mortar from joints to depth equal to 2-1/2 times joint width, but not less than 1/2 inch or depth at which sound mortar is reached. 2. Remove mortar from masonry surfaces within raked-out joints to provide reveals with square backs and to exposed masonry for contact with pointing mortar. Brush, vacuum, or flush joints to remove dirt and loose debris. 3. Do not spall edges of masonry units or widen joints. Replace or patch damaged masonry units as directed by Architect. a. Cut out mortar by hand with chisel and mallet. Do not use power-operated grinders without Architect’s written approval based on submission by Contractor of a satisfactory quality-control program and demonstrated ability of operators to use tools without damaging masonry units. Quality-control program shall include provisions for supervising performance and preventing damage due to worker fatigue. b. Cut out center of mortar joints using angle grinders with diamond-impregnated metal blades. Remove remaining mortar by hand with chisel and mallet. Strictly adhere to written quality-control program. Quality-control program shall include provisions for demonstrating ability of operators to use tools without damaging masonry, supervising performance, and preventing damage due to worker fatigue.
D. Notify Architect of unforeseen detrimental conditions including voids in mortar joints, cracks, loose masonry units, rotted wood, rusted metal, and other deteriorated items.
E. Point joints as follows: 1. Rinse masonry-joint surfaces with water to remove dust and mortar particles. Time rinsing application so, at time of pointing, joint surfaces are damp but free of standing water. If rinse water dries, dampen masonry-joint surfaces before pointing. 2. Apply pointing mortar first to areas where existing mortar was removed to depths greater than surrounding areas. Apply in layers not greater than 3/8 inch until a uniform depth is formed. Fully compact layer thoroughly and allow it to become thumbprint hard before applying next layer. 3. After low areas have been filled to same depth as remaining joints, point all joints by placing mortar in layers not greater than 3/8 inch. Fully compact each layer and allow to become thumbprint hard before applying next layer. Where existing masonry has worn or rounded edges, slightly recess finished mortar surface below face of masonry to avoid widened joint faces. Take care not to spread mortar over edges onto exposed masonry surfaces or to featheredge mortar. 4. When mortar is thumbprint hard, tool joints to match original appearance of joints. Remove excess mortar from edge of joint by brushing.
F. Cure mortar by maintaining in thoroughly damp condition for at least 72 hours, including weekends and holidays. 1. Acceptable curing methods include covering with wet burlap and plastic sheeting, periodic hand misting, and periodic mist spraying using system of pipes, mist heads, and timers. 2. Adjust curing methods to ensure that pointing mortar is damp throughout its depth without eroding surface mortar. 3. Where repointing work precedes cleaning of existing masonry, allow mortar to harden at least 30 days before beginning cleaning work.
3.5 ADJUST AND CLEAN
A. After mortar has hardened but before it has fully cured, thoroughly clean masonry surfaces of excess mortar using stiff nylon or natural bristle brushes and clean water; do not use metal brushes or scrapers.
Hogg Memorial Auditorium 04 90 50 - 6 ARCHITEXAS Masonry Restoration CP522444
B. Any masonry work that does not result in a consistent appearance with adjacent stonework shall be considered defective and shall be corrected by the Contractor at no additional cost to the Owner. END OF SECTION
Hogg Memorial Auditorium 04 90 50 - 7 ARCHITEXAS Masonry Restoration CP522444 SECTION 05 12 00
STRUCTURAL STEEL
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Structural steel framing members and connections. 2. Deck support angles. 3. Fabrication and erection inspection and testing.
B. Related Sections include the following:
1. Division 1 Section "Quality Requirements" for independent testing agency procedures and administrative requirements. 2. Division 1 Section “Submittals” for administrative requirements for the submission of shop drawings and other submittals. 3. Division 5 Section "Steel Deck" for field installation of shear connectors.
1.3 DEFINITIONS
A. Structural Steel: Elements of structural-steel frame, as classified by AISC's "Code of Standard Practice for Steel Buildings and Bridges," that support design loads.
1.4 SUBMITTALS
A. Submit is accordance with Division 1 Section “Submittals”.
B. Submittals for Review
1. Provide complete details and schedules for fabrication and shop assembly of members, erection plans, details, procedures, and diagrams showing sequence of erection of structural steel components.
a. Include details of cuts, connections, splices, camber, holes, and other pertinent data. b. Include embedment drawings. c. Indicate welds by standard AWS symbols, distinguishing between shop and field welds, and show size, length, and type of each weld. d. Indicate type, size, and length of bolts, distinguishing between shop and field bolts. Identify pretensioned and slip-critical high-strength bolted connections. Hogg Memorial Auditorium 05-12-00- 1 ARCHITEXAS Structural Steel CP522444 2. Shop drawings and erection drawings shall not be made by using reproductions of Contract Drawings.
3. Structural steel members for which shop drawings have not been reviewed shall not be fabricated. Engineer's review shall cover general locations, spacings, and details of design. Omission from shop drawings of any materials required by the Contract Documents shall not relieve the Contractor of the responsibility of furnishing and installing such materials, even though such shop drawings may have been reviewed and returned.
C. Submittals for Information:
1. Product Data: For each type of product indicated.
2. Welding certificates.
3. Source quality-control test reports.
1.5 QUALITY ASSURANCE
A. Installer Qualifications: Company specializing in performing the work of this section with minimum 5 years documented experience.
B. Fabricator Qualifications: Company specializing in performing the work of this section with minimum 10 years documented experience.
C. Welding: Qualify procedures and personnel according to AWS D1.1, "Structural Welding Code- -Steel."
1. Welders and welding operators performing work on bottom-flange, demand-critical welds shall pass the supplemental welder qualification testing, as required by AWS D1.8. FCAW-S and FCAW-G shall be considered separate processes for welding personnel qualification.
D. The latest adopted edition of all standards referenced in this Section shall apply unless noted otherwise. In case of conflict between these Contract Documents and the referenced standard, the Contract Documents shall govern. In case of conflict between these Contract Documents and the Building Code, the more stringent shall govern.
E. The Contractor shall furnish fabrication and erection inspection and testing of all welds in accordance with AWS D1.1, Chapter 6. Submit records of inspections and tests to the Owner's testing laboratory for their review. The fabrication and erection inspectors shall be AWS certified welding inspectors.
F. All materials, fabrication procedures and field erection are subject to verification inspection and testing by the Owner's testing laboratory in both the shop and field. Such inspections and tests will not relieve the Contractor of the responsibility for providing materials and fabrication procedures in compliance with specified requirements.
G. Qualifications for Welding Work: Contractor shall be responsible for qualifying welding operators in accordance with the AWS "Standard Qualification Procedure." Provide certification to Owner's testing laboratory that welders to be employed in the work have satisfactorily passed AWS qualification tests. Recertification of welders shall be Contractor's responsibility.
Hogg Memorial Auditorium 05-12-00- 2 ARCHITEXAS Structural Steel CP522444 H. Qualification of Welding Procedures: Contractor shall provide the testing laboratory with welding procedures which are to be used. Welding procedures shall be qualified prior to use in accordance with AWS D1.1, Part B.
I. Comply with applicable provisions of the following specifications and documents:
1. AISC's "Code of Standard Practice for Steel Buildings and Bridges" except that the following sentence in paragraph 4.2.1 shall not apply: "This approval constitutes the Owner's acceptance of all responsibility for the design adequacy of any detail configuration of connections developed by the fabricator as part of his preparation of these shop drawings. 2. AISC 360 3. ASTM A6 "Specifications for General Requirements for Delivery of Rolled Steel Plates, Shapes, Sheet Piling, and Bars for Structural Use." 4. RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts." 5. AWS D1.1 "Structural Welding Code" 6. SSPC (Steel Structures Painting Council), Painting Manuals, Volumes 1 and 2.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Store materials to permit easy access for inspection and identification. Keep steel members off ground and spaced by using pallets, dunnage, or other supports and spacers. Protect steel members and packaged materials from erosion and deterioration.
1. Do not store materials on structure in a manner that might cause distortion, damage, or overload to members or supporting structures. Repair or replace damaged materials or structures as directed.
B. Store fasteners in a protected place in sealed containers with manufacturer's labels intact.
1. Fasteners may be repackaged provided Owner's testing and inspecting agency observes repackaging and seals containers. 2. Clean and relubricate bolts and nuts that become dry or rusty before use. 3. Comply with manufacturers' written recommendations for cleaning and lubricating ASTM F 1852 fasteners and for retesting fasteners after lubrication.
1.7 COORDINATION
A. Furnish anchorage items to be embedded in or attached to other construction without delaying the Work. Provide setting diagrams, sheet metal templates, instructions, and directions for installation.
PART 2 - PRODUCTS
2.1 STRUCTURAL-STEEL MATERIALS
A. W-Shapes: ASTM A 992/A 992M.
B. Channels, Angles: ASTM A 36/A 36M.
C. Welding Electrodes: Comply with AWS requirements. Hogg Memorial Auditorium 05-12-00- 3 ARCHITEXAS Structural Steel CP522444 2.2 BOLTS, CONNECTORS, AND ANCHORS
A. High-Strength Bolts, Nuts, and Washers: ASTM A 325 (ASTM A 325M), Type 1, heavy-hex steel structural bolts; ASTM A 563, Grade C, (ASTM A 563M, Class 8S) heavy-hex carbon-steel nuts; and ASTM F 436 (ASTM F 436M), Type 1, hardened carbon-steel washers; all with plain finish.
1. Finish: Plain.
2.3 PRIMER
A. Primer: Fabricator's standard lead- and chromate-free, nonasphaltic, rust-inhibiting primer complying with MPI#79 and compatible with topcoat.
2.4 FABRICATION
A. Structural Steel: Fabricate and assemble in shop to greatest extent possible. Comply with fabrication requirements, including tolerance limits, of AISC's "Code of Standard Practice for Steel Buildings and Bridges", AISC 360, and as indicated on accepted shop drawings. 1. Mill tolerances shall conform to ASTM A6. Identify high-strength structural steel according to ASTM A 6/ A 6M and maintain markings until structural steel has been erected. 2. Mark and match-mark materials for field assembly. 3. Plates shall be free of gross discontinuities such as ruptures and delaminations. Plates shall comply with ASTM A578, Level 1. 4. Complete structural-steel assemblies, including welding of units, before starting shop- priming operations.
B. Thermal Cutting: Perform thermal cutting by machine to greatest extent possible.
1. Plane thermally cut edges to be welded to comply with requirements in AWS D1.1.
C. Bolt Holes: Cut, drill, or punch standard bolt holes perpendicular to metal surfaces.
D. Finishing: Accurately finish ends of columns and other members transmitting bearing loads. Members in compression joints which depend on contact bearing shall have the bearing surfaces milled to a common plane. Members to be milled shall be completely assembled before milling.
2.5 SHOP PRIMING
A. Shop prime steel surfaces except the following:
1. Surfaces embedded in concrete or mortar. Extend priming of partially embedded members to a depth of 2 inches (50 mm). 2. Surfaces to be field welded.
B. Surface Preparation: Clean surfaces to be painted. Remove loose rust and mill scale and spatter, slag, or flux deposits. Prepare surfaces according to the following specifications and standards:
1. SSPC-SP 2, "Hand Tool Cleaning."
Hogg Memorial Auditorium 05-12-00- 4 ARCHITEXAS Structural Steel CP522444 C. Priming: Immediately after surface preparation, apply primer according to manufacturer's written instructions and at rate recommended by SSPC to provide a dry film thickness of not less than 1.5 mils (0.038 mm). Use priming methods that result in full coverage of joints, corners, edges, and exposed surfaces.
2.6 SOURCE QUALITY CONTROL
A. Owner will engage an independent testing and inspecting agency to perform shop tests and inspections and prepare test reports.
1. Provide testing agency with access to places where structural-steel work is being fabricated or produced to perform tests and inspections.
B. Correct deficiencies in Work that test reports and inspections indicate does not comply with the Contract Documents.
C. Welded Connections: In addition to visual inspection, shop-welded connections will be tested and inspected according to AWS D1.1 and the following inspection procedures, at testing agency's option:
1. Liquid Penetrant Inspection: ASTM E 165. 2. Magnetic Particle Inspection: ASTM E 709; performed on root pass and on finished weld. Cracks or zones of incomplete fusion or penetration will not be accepted. 3. Ultrasonic Inspection: ASTM E 164. 4. Radiographic Inspection: ASTM E 94.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify elevations of concrete- and masonry-bearing surfaces and locations of anchor rods, bearing plates, and other embedments, with steel erector present, for compliance with requirements.
B. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Provide temporary shores, guys, braces, and other supports during erection to keep structural steel secure, plumb, and in alignment against temporary construction loads and loads equal in intensity to design loads. Design of temporary bracing and supports shall be the responsibility of the Contractor. Remove temporary supports when permanent structural steel, connections, and bracing are in place, unless otherwise indicated.
3.3 ERECTION
A. Set structural steel accurately in locations and to elevations indicated and according to AISC 303 and AISC 360 unless closer tolerances are required for proper fitting of adjoining or enclosing materials, in which case the more stringent shall apply.
Hogg Memorial Auditorium 05-12-00- 5 ARCHITEXAS Structural Steel CP522444 B. Maintain erection tolerances of structural steel within AISC's "Code of Standard Practice for Steel Buildings and Bridges," Unless adjoining materials dictate a tighter tolerance.
C. Align and adjust various members forming part of complete frame or structure before permanently fastening. Before assembly, clean bearing surfaces and other surfaces that will be in permanent contact with members. Perform necessary adjustments to compensate for discrepancies in elevations and alignment.
1. Level and plumb individual members of structure.
D. Splice members only where indicated. Any member having a splice not shown and detailed on the accepted shop drawings shall be rejected.
E. Do not field cut or alter structural members without approval of Architect/Engineer. Do not use thermal cutting during erection.
F. Gas Cutting: Do not use gas cutting torches in the field to correct fabrication errors in structural framing.
G. Do not enlarge unfair holes in members by burning or using drift pins. Ream holes that must be enlarged to admit bolts.
3.4 FIELD CONNECTIONS
A. High-Strength Bolts: Install high-strength bolts according to RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts" for type of bolt and type of joint specified.
1. Joint Type: Snug tightened.
2. A307 bolts and high-strength (A325 and A490) bolts noted to be "snug-tight" shall be tightened using a few impacts of an impact wrench or the full effort of a man using an ordinary spud wrench, bringing the plies into contact.
3. High-strength bolts which are not specifically designated to be "snug-tight" shall be tightened to provide at least the minimum tension shown in Table 4 of the "Specification for Structural Joints using ASTM A325 and A490 Bolts." Tightening shall be done by the turn-of-the-nut method, with direct tension indicators, or by properly calibrated wrenches.
4. Bolts tightened with a calibrated wrench or by torque control shall have a hardened washer under the element (nut or bolt head) turned in tightening.
5. Hardened washers shall be placed over slotted holes in an outer ply. Hardened beveled washers shall be used where the outer face of the bolted parts has a slope greater than 1:20 with respect to the bolt axis.
B. Weld Connections: Comply with AWS D1.1 for welding procedure specifications, tolerances, appearance, and quality of welds and for methods used in correcting welding work. Welds not specified shall be continuous fillet welds designed to develop the full strength of the member. A combination of welds and bolts shall not be used to transmit stress at the same face of any connections. Clean completed welds prior to inspection. Slag shall be removed from all completed welds.
1. Comply with AISC 303 and AISC 360 for bearing, adequacy of temporary connections, alignment, and removal of paint on surfaces adjacent to field welds. Hogg Memorial Auditorium 05-12-00- 6 ARCHITEXAS Structural Steel CP522444 3.5 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to inspect field welds and high-strength bolted connections.
B. Welded Connections: Field welds will be visually inspected according to AWS D1.1.
C. Correct deficiencies in Work that test reports and inspections indicate does not comply with the Contract Documents.
3.6 REPAIRS AND PROTECTION
A. Touch-up Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas of shop paint. Apply paint to exposed areas with same materials as used for shop painting. Apply by brush or spray to provide a minimum dry film thickness of 2.5 mils.
B. eaning and touchup painting are specified in Division 9 painting Sections.
END OF SECTION 05 12 00
Hogg Memorial Auditorium 05-12-00- 7 ARCHITEXAS Structural Steel CP522444
SECTION 05 31 00
STEEL DECK
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following: 1. Noncomposite form deck.
B. Work Included 1. Furnish all labor and materials required to fabricate, deliver and install steel floor deck and accessories including formed steel end closures, edge forms, flashings, and reinforcing plates, headed shear studs, and related accessories.
C. Related Sections include the following: 1. Division 3 Section "Cast-in-Place Concrete" for concrete fill.
1.3 SUBMITTALS
A. Submittals for Review:
1. Shop Drawings: Show layout and types of deck panels, anchorage details, reinforcing channels, pans, cut deck openings, special jointing, accessories, and attachments to other construction. 2. Product Data: For each type of deck, accessory, and product indicated. Provide deck dimensions, sectional properties, uplift resistance and diaphragm capacity for specified fastener layout and support spacing, and finishes.
B. Submittals for Information:
1. Manufacturer’s installation instructions. 2. Welding certificates: For each welder employed on the Work.
1.4 QUALITY ASSURANCE
A. Installer: Company specializing in performing the work of this Section with minimum 5 years documented experience.
B. Welding: Qualify procedures and personnel according to AWS D1.3, "Structural Welding Code - Sheet Steel."
C. Comply with applicable provisions of the following specifications and documents. Hogg Memorial Auditorium 05-31-00- 1 ARCHITEXAS Steel Deck CP522444
1. AISI Specifications: Comply with calculated structural characteristics of steel deck according to AISI's "North American Specification for the Design of Cold-Formed Steel Structural Members." 2. SDI (Steel Deck Institute) - Design Manual for Composite Decks, Form Decks, Roof Decks, Cellular Metal Floor Deck with Electrical Distribution. 3. SSPC (Steel Structures Painting Council) - Painting Manual.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Protect steel deck from corrosion, deformation, and other damage during delivery, storage, and handling.
B. Stack steel deck on platforms or pallets and slope to provide drainage. Protect with a waterproof covering and ventilate to avoid condensation.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Manufacturers: Subject to compliance with requirements, provide products by one of the following:
1. Steel Deck:
a. ASC Profiles, Inc. b. Canam Steel Corp.;The Canam Manac Group. c. Consolidated Systems, Inc. d. DACS, Inc. e. D-Mac Industries Inc. f. Epic Metals Corporation. g. Marlyn Steel Decks, Inc. h. New Millennium Building Systems, LLC. i. Nucor Corp.; Vulcraft Division. j. Roof Deck, Inc. k. United Steel Deck, Inc. l. Valley Joist; Division of EBSCO Industries, Inc. m. Verco Manufacturing Co. n. Wheeling Corrugating Company; Div. of Wheeling-Pittsburgh Steel Corporation.
2.2 NONCOMPOSITE FORM DECK
A. Noncomposite Steel Form Deck: Fabricate ribbed-steel sheet noncomposite form-deck panels to comply with "SDI Specifications and Commentary for Noncomposite Steel Form Deck," in SDI Publication No. 30, with the minimum section properties indicated, and with the following:
1. Galvanized Steel Sheet: ASTM A 653/A 653M, Structural Steel (SS), Grade 33 (230) G60 (Z180) zinc coating. 2. Profile Depth: as noted on plans. 3. Design Uncoated-Steel Thickness: as noted on plans. 4. Span Condition: As indicated. 5. Side Laps: See structural notes.
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2.3 ACCESSORIES
A. General: Provide manufacturer's standard accessory materials for deck that comply with requirements indicated.
B. Mechanical Fasteners: Corrosion-resistant, low-velocity, power-actuated or pneumatically driven carbon-steel fasteners; or self-drilling, self-threading screws.
1. Mechanical Fasteners: Galvanized hardened steel, self tapping "Teks" screws, manufactured by Illinois Tool Works, Inc., Buildex Division, or equal. Size shall be #10 minimum, unless noted otherwise. 2. Powder Actuated Fasteners: Zinc coated fastener with .145 inch shank diameter and 1 1/4 inch shank length. X-DNI pin as manufacturer by Hilti, or equal.
C. Side-Lap Fasteners: Corrosion-resistant, hexagonal washer head; self-drilling, carbon-steel screws, No. 10 (4.8-mm) minimum diameter.
D. Flexible Closure Strips: Vulcanized, closed-cell, synthetic rubber.
E. Miscellaneous Sheet Metal Deck Accessories: Steel sheet, minimum yield strength of 33,000 psi (230 MPa), not less than 0.0359-inch (0.91-mm) design uncoated thickness, of same material and finish as deck; of profile indicated or required for application.
F. Galvanizing Repair Paint: ASTM A 780.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine supporting frame and field conditions for compliance with requirements for installation tolerances and other conditions affecting performance.
3.2 INSTALLATION, GENERAL
A. Install deck panels and accessories according to applicable specifications and commentary in SDI Publication No. 30, manufacturer's written instructions, and requirements in this Section.
B. Locate deck bundles to prevent overloading of supporting members.
C. Place deck panels on supporting frame and adjust to final position with ends accurately aligned and bearing on supporting frame before being permanently fastened. Do not stretch or contract side-lap interlocks.
D. Place deck panels flat and square and fasten to supporting frame without warp or deflection.
E. Cut and neatly fit deck panels and accessories around openings and other work projecting through or adjacent to deck.
F. Provide additional reinforcement and closure pieces at openings as required for strength, continuity of deck, and support of other work.
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G. Comply with AWS requirements and procedures for manual shielded metal arc welding, appearance and quality of welds, and methods used for correcting welding work.
H. Mechanical fasteners may be used in lieu of welding to fasten deck. Locate mechanical fasteners and install according to deck manufacturer's written instructions.
3.3 FLOOR-DECK INSTALLATION
A. Fasten floor-deck panels to steel supporting members as indicated on the structural drawings.
B. Side-Lap and Perimeter Edge Fastening: Fasten side laps and perimeter edges of panels between supports as indicated on the structural drawings.
C. End Bearing: Install deck ends over supporting steel frame with a minimum end bearing of 1- 1/2 inches (38 mm). Install deck on masonry and concrete support surfaces with 3 inch minimum bearing Provide end joints as follows:
D. Install 6 inch minimum wide sheet steel cover plates, of same thickness as deck, where deck changes direction. Fusion weld or mechanically fasten plate to deck at 12 inches maximum spacing.
3.4 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform field tests and inspections and prepare test reports.
B. Field welds will be subject to inspection.
C. Testing agency will report inspection results promptly and in writing to Contractor and Architect.
D. Remove and replace work that does not comply with specified requirements.
E. Additional inspecting, at Contractor's expense, will be performed to determine compliance of corrected work with specified requirements.
3.5 REPAIRS AND PROTECTION
A. Galvanizing Repairs: Prepare and repair damaged galvanized coatings on both surfaces of deck with galvanized repair paint according to ASTM A 780 and manufacturer's written instructions.
B. Provide final protection and maintain conditions to ensure that steel deck is without damage or deterioration at time of Substantial Completion.
END OF SECTION 05 31 00
Hogg Memorial Auditorium 05-31-00- 4 ARCHITEXAS Steel Deck CP522444
SECTION 05 70 00 ORNAMENTAL METAL
PART 1 - GENERAL
1.1 GENERAL REQUIREMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 WORK INCLUDED
A. The Work of this Section includes all labor, materials, equipment and services necessary to complete the ornamental metal work as shown on the drawings and specified herein, including but not necessarily limited to the following: 1. Decorative metal grilles and frames at front of stage. 2. Connections to adjacent work. 3. Finishing.
1.3 RELATED WORK
A. Section 06 10 00 – Rough Carpentry for furring, blocking, and other carpentry work not exposed to view.
1.1 SUBMITTALS
A. Product Data: For each type of product, including finishing materials.
B. Shop Drawings: 1. Submit shop drawings for each items of work of this Section, showing locations, layouts, materials, thicknesses, finishes, dimensions, construction, relation to adjoining construction, erection details, profiles, jointing and all other details to fully illustrate the work.
C. Samples: Submit fabricated samples (of sufficient size to fully show construction, materials and finishes). Samples shall be examples which illustrate materials, finishes, workmanship and establish standards by which the work will be judged. Submit samples of the following: 1. Decorative metal grille, 12 inch by 12 inch by full thickness, finished. 2. Metal frame, 12 inch long section of each profile, edge and intermediate conditions, finished. 3. Neoprene gasket, 6 inch long by 0.156 inch thk. 4. Each type of exposed fastener.
1.2 QUALITY ASSURANCE:
A. Installer/fabricator: Work of this Section must be performed by an experienced ornamental metal firm that has completed work similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance, having not less than 3 years comparable experience. 1. Installer: Installation of ornament metal components shall be by the same firm that fabricated them.
B. Field measurements: Take field measurements prior to preparation of shop drawings and fabrication to ensure proper fitting of the work.
Hogg Memorial Auditorium 05 70 00 - 1 ARCHITEXAS Ornamental Metal CP522444
C. Shop Assembly: Insofar as practicable, fitting and assembly of work shall be done in the shop. Work that cannot be permanently shop assembled, shall be completely assembled, marked and disassembled in the shop before shipment to insure proper assembly in the field. Shop assemble work in largest practical sizes to minimize field work. It is the responsibility of the Contractor for this work to assure himself that the shop fabricated items will proper fit the field condition. In the event that shop fabricated items do not fit the field condition, the item shall be returned to the shop for correction.
D. Mockups: 1. Provide min. 3’-6” wide by full height mockup of decorative metal grille and frame assembly, finished. Include modifications to adjacent construction as required for installation, Show attachments, joints, junctions, and terminating items. 2. Locate where directed by Architect. 3. Approved mockup may remain as part of the Work.
1.3 DELIVERY STORAGE AND HANDLING:
A. Protection: Use all means necessary to protect the materials of this Section before, during and after installation and to protect the installed work and materials of all other trades.
B. Replacements: In the event of damage, immediately make all repairs and replacements necessary at no additional cost to the Owner.
PART 2 - PRODUCTS
2.01 MATERIALS
A. General: Provide metals free from surface blemishes where exposed to view in finished unit. Exposed-to-view surfaces exhibiting pitting, seam marks, roller marks, stains, discolorations, or other imperfections on finished units are not acceptable.
B. Steel : 1. Plate: ASTM A 283. 2. Sheet: ASTM A 366. 3. Tube: ASTM A 500. 4. Bars: ASTM A 108.
2.2 ACCESSORIES
A. Fasteners: Furnish basic metal and alloy, matching finished color and textures of the metal being fastened, unless otherwise indicated. Provide countersunk slotted flat-head screws for exposed fasteners.
B. Welding Electrodes and Filler Metal: Type of filler metal and electrodes as recommended by producer of the metal to be welded, and as required for strength and compatibility in the fabricated items.
C. Anchors: Provide anchoring devices as required for the installation of ornamental metal items. Provide toothed steel or lead shield expansion bolt devices for drilled-in-place anchors. Provide steel angles anchored to concrete structure.
D. Miscellaneous Materials: 1. Filler: Two part epoxy filler such as SuperMetal by Belzona or Plastic Steel by Devcon.
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2. Abrasive blasting medium: Silica-free medium-grit blasting media such as Black Beauty or approved equal to achieve the specified SSPC rating. 3. Shims: Plastic or nylon. 4. Dense spacers: Extruded black neoprene with a hardness of 75+5 durometer, in size/thickness as shown on the drawings.
2.3 FABRICATION GENERAL
A. Cutting: Cut metal by sawing, shearing or blanking. Flame cutting will be permitted only if cut edges are ground back to clean, smooth edges. Make cuts accurate, clean, sharp, square and free of burrs, without deforming adjacent surfaces or metals.
B. Holes: Drill or cleanly punch holes (do not burn), so that holes will be accurate, clean, neat and sharp without deforming adjacent surfaces or metals.
C. Connections: 1. Make connections with tight joints, capable of developing full strength of member, flush unless indicated otherwise. Locate joints where indicated on drawings. Provide connections to allow for thermal movement of metal at locations and by methods approved by Architect. For work exposed to view, use concealed fasteners (unless welded or other connections indicated) with splice plates, joints accurately fitted, flush and rigidly secured with hairline contacts. 2. Welding: Welding shall be in accordance with recommendations of the American Welding Society and shall be done with electrodes and/pr methods recommended by the manufacturers of the metals being welded. Welds shall be continuous, except where spot welding is specifically permitted. Welds exposed to view shall be ground flush and dressed smooth to match finish of adjoining surfaces so that joint will not be visible; undercut metal edges where welds are required to be ground flush and dressed smooth. All welds on or behind surfaces which will be exposed to view shall be done so that finished surface will be free of imperfections such as pits, runs, splatter, cracks, warping, dimpling, depressions or other forms of distortion or discoloration. Remove weld splatter and welding oxides from all welded surfaces. a. All welding shall be done in the shop prior to application of finish. 3. Bolts and Screws: Make threaded connections tight with threads entirely concealed. Use lock nuts. Bolts and screw heads, where shown to be exposed to view, shall be flat and countersunk.
D. Supplementary Parts: Provide as necessary to complete each item of work, even through such supplementary parts are not shown or specified.
E. Coordination: Accurately cut, fit, drill and tap work of this Section to accommodate and fit work of other trades. Furnish or obtain, as applicable, templates and drawings to or from applicable trades for proper coordination of this work.
F. Exposed Work: In addition to requirements specified herein or shown on drawings, surfaces exposed to view shall be clean, and free from dirt, stains, grease, scratches, distortions, waves, dents, buckles, tool marks, burrs and other defects which mar appearance of finished work. Ornaments metal work exposed to view shall be straight and true to line, smooth arises and angles as sharp as practicable, miters formed in true alignment, profiles accurately intersecting, and with joints carful matched to produce continuity of line and design. Exposed fastenings, where permitted, shall be of the same material, color and finish as the metal to which applied, unless otherwise indicated, and shall match existing in size.
G. Materials used shall be of such strength, thickness and alloy that they are capable of meeting all standards and descriptions specified herein and as detailed on drawings.
Hogg Memorial Auditorium 05 70 00 - 3 ARCHITEXAS Ornamental Metal CP522444
2.4 DECORATIVE GRILLES
A. Fabricate decorative grilles from perforated steel sheet or plate of thickness, size, and pattern indicated. Form perforations by punching, cutting, or drilling to produce openings of sizes and shapes indicated. Roll, press, and grind perforated metal to flatten and to remove burrs and deformations.
B. Decorative Metal Grille: Provide perforated grille, 3/16” thick, steel, powder coated painted finish in Windsor (WI200) pattern as manufactured by Kees, Inc., Elkhart Lake, WI, or approved equal. Patterns produced by other manufacturers may be considered, provided deviations are minor and do not change design concept as judged solely by the Architect.
C. Frame: 1. Fabrication: a. Fabricate from stock steel components of shapes and sizes as indicated on the drawings. b. Cut intersections square to within 2 degrees and to length within 1/8 inch. Remove burrs from cut ends. c. Continuously weld connections. d. Where rail length exceeds that suitable for shipping and handling, fabricate rails in sections with concealed internal sleeves forming slip joints. Extend sleeves minimum 2 inches on both sides of joint; field weld and grind smooth. 2. Fabricate frame so that grilles are removable from the front to allow access to speakers. 3. Coordinate location of speakers so that vertical frame members are not in front of speakers.
2.5 STEEL AND IRON FINISHES
A. Powder-Coat Finish: Prepare, treat, and coat non-galvanized ferrous metal to comply with resin manufacturer’s written instructions and as follows: 1. Prepare uncoated ferrous-metal surfaces to comply with SSPC-SP 6/NACE No. 3, “Commercial Blast Cleaning.” 2. Treat prepared metal with iron-phosphate pretreatment, rinse, and seal surfaces. 3. Apply thermosetting polyester or acrylic urethane powder coating with cured-film thickness not less than 1.5 mils. 4. Color: As selected by Architect from manufacturer’s full range.
PART 3 - EXECUTION
3.1 INSPECTION
A. Examine the areas and conditions where ornamental metal work is to be installed and notify the Architect of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions are corrected to permit proper installation of the work.
3.2 INSTALLATION
A. General: Install work of this Section square, plumb, straight, true to line or radius, accurately fitted and located, with flush, tight hairline joints (except as otherwise indicated or to allow for thermal movement), with provisions for other trades, and with attachment devices as required for secure and rigid installation. It is the responsibility of the Contractor to assure himself that shop fabricated architectural metal items will properly fit the field condition. In cases where the shop fabricated
Hogg Memorial Auditorium 05 70 00 - 4 ARCHITEXAS Ornamental Metal CP522444
architectural metal items do not fit the field condition, the item shall be returned to the shop for correction.
B. Attachments 1. Unless otherwise indicated, work to be attached to concrete or masonry shall be anchored by bolts into embedded inserts or expansion shields; work attached to structural steel shall be anchored by welds or bolts; work attached to metals other than structural steel shall be anchored by bolts or screws. Power actuated fasteners are not permitted unless approved by the Architect. Provide all supplementary parts necessary to complete each item of work of this Section. 2. All attachment devices shall be of type, size and spacing to suit condition and as approved by Architect. Provide shims, slotted holes, or other means necessary for leveling, plumbing and other required adjustments. Attachment devices for work exposed to view shall be concealed, unless indicated otherwise. Where bolts or screws are permitted in work exposed to view, they shall be oval head and counter sunk, unless otherwise noted, with projecting end cut off flush with nuts or adjacent material, and shall match adjacent surfaces. 3. Do all necessary drilling, tapping, cutting or other preparations of surrounding construction in the field accurately, neatly and as necessary for the attachment and support of work of this Section, but obtain Architect's approval prior to such preparation to work of others.
C. Tolerances: All work of this Section shall be plumb, square, level, true to radius and correctly aligned within the following limitations: 1. Offset from true horizontal, vertical and design location shall not exceed 1/16" per ten (10) feet of length for any component, not cumulative. 2. Maximum offset from true alignment between abutting components shall not exceed 1/32".
D. Do not cut or abrade finishes which cannot be completely restored in the field. Return items with such finishes to the shop for required alterations, followed by complete refinishing or provide new units at Contractor's option.
END OF SECTION
Hogg Memorial Auditorium 05 70 00 - 5 ARCHITEXAS Ornamental Metal CP522444
SECTION 06 10 00
ROUGH CARPENTRY
PART 1- GENERAL
1.01 SECTION INCLUDES
A. All materials and labor for replacement of deteriorated wood framing elements, and work requiring new lumber for:
1. Framing with dimension lumber. 2. Wood blocking, bridging, and nailers. 3. Plywood subflooring at existing metal platform. 4. Electrical panel backboards. 5. Connecting hardware, fasteners, and accessories
1.02 RELATED SECTIONS
A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section
1.03 QUALITY ASSURANCE
A. All dimension lumber and engineered wood products shall bear a legible grade stamp of a certified lumber grading agency.
B. Each piece or bundle of treated wood products shall bear a legible third-party quality mark or tag indicating the name of the treater, date of treatment or lot number, and the American Wood Preservers’ Association (AWPA) Specification symbol to which the treatment conforms.
C. Provide Underwriters' Laboratories (UL) approved identification for fire resistant treated materials.
D. Unless noted otherwise, all rough carpentry work shall conform to the conventional framing rules of the applicable building code.
1.04 SUBMITTALS
A. Submit shop drawings and product data, describe materials, fasteners, fastening methods, accessories, and locations.
B. Submit documentation of wood treatment facility’s qualifications and compliance with American Wood Preserver’s Association (AWPA) standards.
PART 2 - PRODUCTS
2.01 MATERIALS
Hogg Memorial Auditorium 06 10 00-1 ARCHITEXAS Rough Carpentry CP522444
A. Dimension lumber (2-inches by 4-inches thick): No. 2 Grade Southern Pine, visually graded according to the published grading rules of the Southern Pine Inspection Bureau. Unless otherwise noted, dimension lumber shall be kiln dried to 15 percent moisture content, surfaced S4S. Studs in non-loadbearing partitions may be No. 2 SPF.
B. Blocking and bridging shall be No. 2 Grade Southern Pine, nominal thickness, unless otherwise noted.
C. Shims shall be taper-sawn western red cedar or approved substitute.
D. Plywood Panels
1. Construction Panel Standards: Comply with PS 1 “U.S. Product Standard for Construction and Industrial Plywood” for plywood construction panels and for products not manufactured under PS 1 provisions with APA PRP-108. 2. Combination Subfloor-Underlayment: APA RATED STURD-I-FLOOR, sanded face a. Exposure Durability Classification: Exposure 1. b. Thickness: 3/4”. c. Edge Detail: Square.
E. Plywood Backing Panels: For mounting electrical or telephone equipment, provide plywood panels with grade designation, APA C-D PLUGGED EXPOSURE 1, not less than ¾-inch.
2.02 PRESERVATIVE TREATMENT
A. Preservative Treatment: Comply with applicable requirements of AWPA C2 (Lumber) and AWPA C9 (plywood). Provide treatment after members are shaped with Alkaline Copper Quaternary (ACQ) or Copper Azole (CA) preservative by vacuum pressure full-cell process in accordance with AWPA Standard Specification P-5 and as follows:
B. Kiln dry members after treatment to 15% MC. Mark each treated item with the Quality Mark Requirements of an inspection agency approved by ALSC’s Board of Review. Re-grade and re-stamp lumber after kiln drying in accordance with lumber producer's grading rules.
C. Apply preservative field treatment to cut and bored surfaces in accordance with AWPA M4.
2.03 FIRE RETARDANT TREATMENT
A. Comply with AWPA Standards C20 (Lumber) and C27 (Plywood). Provide materials with a flame spread not exceeding 25 (ASTM E 84). Identify “fire retardant treated wood” with appropriate UL classification marking or other testing and inspection agency marking acceptable to authorities having jurisdiction. Provide materials as follows:
1. Exterior Exposure Treatment Process: Hickson Corporation "NCX" or Hoover Treated Wood Products "Exterior Fire-X"
2. Interior Exposure Treatment Process: Hickson Corporation "Dricon", Osmose "Flameproof LHC-HTT"
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3. Kiln dry after treatment to maximum moisture content of 15% for plywood, 19% for lumber
4. Do not use twisted, warped, bowed, or otherwise defective wood
2.04 STORAGE AND HANDLING
A. All wood products shall be placed on blocking so that the material does not sag and is completely out of ground-contact.
B. All wood products shall be protected from rain and direct sunlight.
C. Materials shall be stored on site no more than 30 days prior to use. Once un-bundled, materials must be installed immediately unless stickered and protected in a manner approved by the Engineer.
2.05 FASTENERS, ADHESIVES, & ACCESSORY MATERIALS
A. All fasteners in exterior or treated wood shall be hot dip galvanized, stainless steel, or shall have an approved corrosion resistant coating.
B. Nails: common wire nails of the size shown on the plans.
C. Screws: For deck installation, unless otherwise noted, screws shall be self drilling, truss- head screws by Olympic Fasteners or approved substitute, in the length shown on the plans. For structural connections, screws shall be SIMPSON SDS-type screws or approved substitute, in the diameter and length shown on the plans. Where length is not given, the length shall be sufficient to develop the full shear capacity of the screw in the main member.
D. Bolts, nuts, and washers: ASTM A 307, Grade A, unless otherwise noted.
E. Concrete or masonry substrate: galvanized anchor with expansion shank, or threaded concrete screw anchor, length as shown on the plans or as recommended by manufacturer for minimum 1,000 pound pull-out resistance. Approved manufacturers:
1. Tapcon
2. Hilti
3. Rawl
F. Connector hardware: approved manufacturers:
1. Cleveland Steel Specialty Co. (Cleveland, Teco)
2. United Steel Products Co. (Kant-Sag - Silver)
3. Simpson Strong-Tie
G. Construction Adhesive: Polyurethane-based, single-component, gun-grade adhesives by OSI Sealants, Inc. 1. Moisture content 19% or lower, use PL Premium
2. Pressure treated wood, use PL-400.
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PART 3 - EXECUTION
3.01 EXAMINATION
A. Verify all dimensions and existing conditions in the field.
B. Verify that surfaces are ready to receive work.
C. Verify mechanical, electrical, and building items affecting work of this Section are ready to receive this work. Notify the engineer of any such items requiring adjustment.
D. Beginning of installation means acceptance of existing conditions.
3.02 INSTALLATION
A. Remove existing materials to be replaced.
B. Accurately measure or scribe members before cutting. Make all cuts clean and true to mating surfaces. All lumber and timber shall be accurately cut and framed to a close fit so that the joints will have even bearing over the entire contact surface. Mortises shall be true to size for their full depth and tenons shall make a snug, but not a driven, fit there-in.
C. Treat all field-cuts of existing and new treated material with an approved water repellent preservative.
D. Firestop concealed spaces of wood framed walls, furring, and partitions at each floor level and at the ceiling line of the top story. Use closely-fitted wood blocks of nominal 2-inch thick lumber of the same width as framing members.
E. Set and secure materials and components in place, plumb, and level.
F. Discard units of material with defects, which might impair quality of work, and units which are too small to use in fabricating work with minimum joints or optimum joint arrangement.
G. Set carpentry work accurately to required levels and lines, with members plumb and true and accurately cut and fitted.
H. Securely attach carpentry work to substrate by anchoring and fastening as shown and as required by recognized standards. Countersink nail heads on exposed carpentry work and fill holes.
I. Bridging and blocking shall be framed neatly and accurately, and securely toenailed with at least two nails in each end. Bridging or blocking shall be provided as follows:
1. In new work, in rows at midspan and 8-feet on-center, and over supports; and
2. Where shown on the plans or as required to prevent warping or twisting of installed materials.
J. Connecting hardware shall be installed in accordance with the manufacturer’s recommendations. END OF SECTION
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SECTION 06 42 14
STILE AND RAIL WOOD PANELING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Replacement of termite damaged wood paneling and standing and running trim where indicated on the drawings. 2. Interior standing and running trim.
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements. 2. Section 06 10 00 – Rough Carpentry for furring, blocking, and other carpentry work not exposed to view. 3. Section 09 91 23 – Painting and Finishing for field finishing of stile and rail wood paneling and standing and running trim.
1.2 REFERENCES
A. Architectural Woodwork Institute (AWI) - Architectural Woodwork Quality Standards.
1.3 SUBMITTALS
A. Shop Drawings: Provide shop drawings for each type of shop fabricated item. Profiles shall match approved samples removed from jobsite. Show location of each item, dimensioned plans, sections, elevations, and large-scale details, attachment devices, and other components, include interface with adjacent work. 1. Show details at scale not less than 3 inches = 1 foot. 2. Show field measurements where architectural woodwork which is shop fabricated must “fit” into existing enclosure. 3. Show locations and sizes of furring, blocking, and hanging strips, including concealed blocking. 4. Show location and sizes of cutouts and holes for accessories, and other items installed in architectural woodwork. 5. Designate wood species and finishes.
B. Product Data: For each type of product and process specified and incorporated into items of interior architectural woodwork during fabrication, finishing and installation.
C. Samples: 1. Lumber for transparent finish, for each species and cut, finished on one side and one edge to match historic finish. 2. Veneer-faced panel products for transparent finish, for each species and cut. Include at least one face-veneer seam and finish as specified. 3. Profiled standing and running trim, 1 foot long sample of each type of profiled element.
D. Field Mock-ups: Prepare field mock-ups of the following items for Architect’s review: 1. 3’-0” long by full height mock-up of stile and rail wood paneling.
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1.4 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has completed architectural woodwork similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance.
B. Fabricator Qualifications: A firm experienced in producing architectural woodwork similar to that indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.
C. AWI Quality Standard: Comply with applicable requirements of “Architectural Woodwork Quality Standards” published by the Architectural Woodwork Institute (AWI), including construction, finishes, and other requirements, except as otherwise indicated.
1.5 DELIVERY, STORAGE AND HANDLING
A. Do not deliver woodwork until painting and similar operations that could damage woodwork have been completed in installation areas. If woodwork must be stored in other then installation areas, stone only in areas where environmental conditions comply with requirements specified in “Project Conditions” Article.
1.6 PROJECT CONDITIONS
A. Environmental Limitations: Do not deliver or install woodwork until building is enclosed, wet work is complete, and HVAC system is operating and maintaining temperature and relative humidity at occupancy levels during the remainder of the construction period
B. Field Measurements: Where woodwork is indicated to be fitted to other construction, check actual dimensions of other construction by accurate field measurements before manufacturing woodwork; show recorded measurements on final shop drawings.
1.7 COORDINATION
A. Coordinate sizes and locations of framing, blocking, furring, reinforcements, and other related units of Work specified in other Sections to ensure that interior architectural woodwork can be supported and installed as indicated.
PART 2 - PRODUCTS
2.1 MATERIALS
A. General: Provide materials that comply with requirements of the AWI quality standard for each type of woodwork and quality grade specified, unless otherwise indicated.
2.2 ACCESSORIES
A. Grommets for cable Passage through Countertops: 1 ¼ inch O.D., brown, molded-plastic grommets and matching plastic caps with slot for wire passage.
2.3 INSTALLATION MATERIALS
A. Furring, Blocking, Shims, and Hanging Strips: Softwood or hardwood lumber, kiln-dried to less than 15 percent moisture content.
B. Anchors: Select material, type, size, and finish required for each substrate for secure anchorage. Provide nonferrous-metal or hot-dip galvanized anchors and inserts on inside face of exterior walls
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and elsewhere as required for corrosion resistance. Provide tooth-steel or lead expansion sleeves for drilled-in-place anchors.
2.4 FABRICATION, GENERAL
A. Wood Moisture Content: Comply with requirements of referenced quality standard for wood moisture content in relation to ambient relative humidity during fabrication and in installation areas.
B. Fabricate woodwork to dimension, profiles, and details indicated.
C. Complete fabrication, including assembly, and hardware application, to maximum extent possible, before shipment to Project site. Disassemble components only as necessary for shipment and installation. Where necessary for fitting at site, provide ample allowance for scribing, trimming, and fitting.
2.5 INTERIOR STANDING AND RUNNING TRIM FOR TRANSPARENT FINISH
A. Quality Standard: Comply with AWI Section 300.
B. Grade: Premium.
C. Fabricate standing and running trim with profiles and dimensions matching original existing using salvaged materials as a template.
D. Backout or groove backs of flat trim members and kerf backs of other wide, flat members, except fro members with ends exposed in finished work.
E. Where field fitting is required, provide ample allowance for cutting.
F. Wood Species and Cut: American Black Walnut. Provide cut to match/blend with existing standing and running trim.
2.6 STILE AND RAIL WOOD PANELING FOR TRANSPARENT FINISH
A. Grade: Premium.
B. Wood Species and Cut: Gum, Red; Provide cut to match/blend with existing stile and rail wood paneling.
C. Stile and Rails: Lumber, no veneered construction.
D. Insert Panels: Book and balance match face veneers within panels. No matching is required between adjacent panels; select and arrange panels for similarity of grain pattern and color between adjacent panels.
E. Shop assemble stile and rail paneling into largest units practical for delivery and installation. Provide shop-prepared detachable joints for necessary field connections. San and pull joints tight in shop so filed joints will comply with joint tolerances for specified grade. Unless otherwise indicated, provide continuous mortise-and-tenon joints between panel units and provide removable temporary protection for joints during handing and delivery.
F. Concealed Members: Not less than #1 Structural Grade.
2.7 SHOP FINISHING
A. Quality Standard: Comply with AWI Section 1500, unless otherwise indicated.
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1. Provide finishes of same grades as items to be finished.
B. Preparations for Finishing: Comply with referenced quality standard for sanding, filling countersunk fasteners, sealing concealed surfaces, and similar preparations for finishing architectural woodwork, as applicable to each unit of work. 1. Backpriming: Apply one coat of sealer or primer, compatible with finish coats, to concealed surfaces of woodwork. Apply two coats to end-grain surfaces.
C. Transparent Finish: Comply with requirements indicated below for grade, finish system, staining, and sheen, with sheen measured on 60-degree gloss meter per ASTM D 523: 1. AWI Finish System TR-4: Conversion varnish. 2. Staining: Match approved sample for color. 3. Sheen: Satin.
PART 3 – EXECUTION
3.1 EXAMINATION
A. Verification of Conditions: Examine substrate conditions and surfaces upon which finish Work is to be installed. Do not proceed with finish Work until unsatisfactory conditions are corrected.
3.2 PREPARATION
A. Condition woodwork to average prevailing humidity conditions in installation areas before installation.
B. Before installing architectural woodwork, examine shop-fabricated work for completion and complete work as required, including removal of packing and backpriming.
3.3 INSTALLATION
A. Quality Standard: Install woodwork to comply with AWI Section 1700 for the same grade specified in Part 2 of this Section for type of woodwork involved.
B. Install woodwork level, plumb, true, and straight. Shim as required with concealed shims. Install level and plumb (including tops) to a tolerance of 1/8 inch in 96 inches.
C. Scribe and cut woodwork to fit adjoining work, and refinish cut surfaces and repair damaged finish at cuts.
D. Anchor woodwork to anchors or blocking built in or directly attached to substrates. Secure with countersunk, concealed fasteners and blind nailing as required for complete installation. Use fine finishing nails or finishing screws for exposed fastening, countersunk and filled flush with woodwork and matching final finish if transparent finish is indicated.
E. Standing and Running Trim: Install with minimum number of joints possible, using full length pieces (from maximum length of lumber available) to greatest extent possible. Do not use pieces less than 60 inches long, except where shorter single-length pieces are necessary.
F. Complete the finishing work specified in this Section to extent not completed at shop or before installation of woodwork. Fill nail holes with matching filler where exposed. Apply specified finish coats, including stains to exposed surfaces where only sealer/prime coats were applied in shop.
2.8 ADJUSTING AND CLEANING
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A. Repair damaged and defective woodwork, where possible, to eliminate functional and visual defects; where not possible to repair, replace woodwork. Adjust joinery for uniform appearance.
B. Clean, lubricate, and adjust hardware.
C. Clean woodwork on exposed and semi-exposed surfaces. Touch up shop-applied finishes to restore damaged or soiled areas.
2.9 PROTECTION
A. Protect installed work from damage by Work of other trades. Maintain temperature and humidity requirements during the construction period in interior installation area.
END OF SECTION
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SECTION 07 92 00
JOINT SEALANTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Joint backup materials. 2. Sealers.
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements. 2. Section 01 23 00 – Alternates for replacement of sealant between stone planters/areaway and building wall [Alternate No. 3]. 3. Section 05 70 00 – Ornamental Metals for sealant at perimeter opening. 4. Section 08 80 00 – Glazing
1.2 REFERENCES
A. ASTM International (ASTM): 1. C 790 - Use of Latex Sealing Compounds. 2. C 804 - Use of Solvent-Release Type Sealants. 3. C 834 - Latex Sealing Compounds. 4. C 920 - Elastomeric Joint Sealants. 5. C 1330 - Cylindrical Sealant Backing for Use with Cold Liquid Applied Sealants.
1.3 SUBMITTALS
A. Product Data: Indicate sealers, primers, backup materials, bond breakers, and accessories proposed for use.
B. Samples: 1. Sealer samples showing available colors. 2. 6 inch long joint backup material samples.
1.4 PROJECT CONDITIONS
A. Do not apply sealers at temperatures below 40 degrees F unless approved by sealer manufacturer.
1.5 WARRANTY
A. Provide 2 year warranty including coverage for exterior sealers and accessories that fail to provide air and water tight seal, exhibit loss of adhesion or cohesion, or do not cure.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Acceptable Manufacturers:
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1. Degussa Building Systems. (www.degussabuildingsystems.com) 2. Dow Corning Corp. (www.dowcorning.com) 3. GE Silicones. (www.gesilicones.com) 4. Pecora Corp. (www.pecora.com) 5. Sika Corp. (www.sikausa.com) 6. Tremco, Inc. (www.tremcosealants.com)
B. Substitutions: Under provisions of Division 1.
2.2 MATERIALS
A. Joint Sealer Type 1: 1. ASTM C 920, Type M, Grade P, multi component polyurethane, self leveling. 2. Movement capability: Plus or minus 25 percent. 3. Color: To be selected from manufacturer's full color range.
B. Joint Sealer Type 2: 1. ASTM C 920, Type M, Grade NS, multi component polyurethane. 2. Shore A hardness: Between 45 and 50. 3. Movement capability: Plus or minus 25 percent. 4. Color: To be selected from manufacturer's full color range.
C. Joint Sealer Type 3: 1. ASTM C 920, Type M, Grade NS, multi component polyurethane, non sag. 2. Movement capability: Plus or minus 50 percent. 3. Colors: To be selected from manufacturer's full color range.
D. Joint Sealer Type 4: 1. ASTM C 834, single component acrylic latex, non sag. 2. Movement capability: Plus or minus 7-1/2 percent. 3. Color: White.
E. Joint Sealer Type 5: 1. ASTM C 920, Type S, Grade NS, single component silicone, non sag, mildew resistant. 2. Movement capability: Plus or minus 25 percent. 3. Colors: To be selected from manufacturer's full color range.
F. Joint Sealer Type 6: 1. ASTM C834, single component acrylic latex, non sag, non-hardening, recommended by manufacturer for acoustical applications. 2. Movement capability: Plus or minus 7-1/2 percent. 3. Color: White.
2.3 ACCESSORIES
A. Primers, Bondbreakers, and Solvents: As recommended by sealer manufacturer.
B. Joint Backing:
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1. ASTM C 1330, closed cell polyethylene foam, preformed round joint filler, non absorbing, non staining, resilient, compatible with sealer and primer, recommended by sealer manufacturer for each sealer type. 2. Size: Minimum 1.25 times joint width.
2.4 MIXES
A. Mix multiple component sealers in accordance with manufacturer's instructions. 1. Mix with mechanical mixer; prevent air entrainment and overheating. 2. Continue mixing until color is uniform.
PART 3 - EXECUTION
3.1 PREPARATION
A. Remove loose and foreign matter that could impair adhesion. If surface has been subject to chemical contamination, contact sealer manufacturer for recommendation.
B. Clean and prime joints in accordance with manufacturer's instructions.
C. Protect adjacent surfaces with masking tape or protective coverings.
D. Sealer Dimensions: 1. Minimum joint size: 1/4 x 1/4 inch. 2. Joints 1/4 to 1/2 inch wide: Depth equal to width. 3. Joints over 1/2 inch wide: Depth equal to one half of width.
3.2 APPLICATION
A. Apply products in accordance with manufacturer's instructions.
B. Perform installation in accordance with ASTM C 804 for solvent release and ASTM C 790 for latex base sealers.
C. Install joint backing to maintain required sealer dimensions. Compress backing approximately 25 percent without puncturing skin. Do not twist or stretch.
D. Use bondbreaker tape where joint backing is not installed.
E. Fill joints full without air pockets, embedded materials, ridges, and sags.
F. Tool sealer to smooth profile.
G. Apply sealer within recommended temperature range. Consult manufacturer when sealer cannot be applied within these temperature ranges.
3.3 CLEANING
A. Remove masking tape and protective coverings after sealer has cured.
B. Clean adjacent surfaces.
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3.4 SEALER SCHEDULE
JOINT LOCATION OR TYPE SEALER TYPE Exterior Joints: Horizontal joints subject to pedestrian or vehicular traffic: Slopes less than ¼ inch per foot 1 Slopes of ¼ inch per foot or more 2 Vertical joints and horizontal non-traffic bearing joints 3
Interior Joints: Horizontal joints subject to pedestrian traffic 2 Joints in toilet rooms and around countertops 5 Joints subject to thermal movement 3 Joints in acoustical assemblies 6 Other joints 4
END OF SECTION
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SECTION 08 80 00 GLAZING
PART 1 – GENERAL
1.1 SUMMARY
A. Section Includes Glazing for the following elements: 1. Replacing glass in existing interior aluminum windows including compression seal gaskets. 2. Providing glass for fixed aluminum sash including compression seal gaskets. 3. Glazing sealants and accessories.
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements.
1.2 COORDINATION
A. Coordinate glazing channel dimensions to provide necessary bite on glass, minimum edge and face clearances, and adequate sealant thicknesses, with reasonable tolerances.
1.3 REFERENCES
A. ASTM International (ASTM): 1. C 864 – Dense Elastomeric Compression Seal Gaskets, Setting Blocks, and Spacers. 2. C 920 – Elastomeric Joint Sealants.
B. Glass Association of North America (GANA): 1. Sealant Manual 2. Glazing Manual
1.4 DEFINITIONS
A. Manufacturer: A firm that produces primary glass or fabricated glass as defined in referenced glazing publications.
B. Deterioration of Coated Glass: Defects developed from normal use that are attributed to the manufacturing process and not to causes other than glass breakage and practices for maintaining and cleaning coated glass contrary to manufacturer’s written instructions. Defects include peeling, cracking, and other indications of deterioration in metallic coatings.
C. Deterioration of Laminated Glass: Defects developed from normal use that are attributed to the manufacturing process and not to causes other than glass breakage and practices for maintaining and cleaning laminated glass contrary to manufacturer’s written instructions. Defects include edge separation, delamination materially obstruction vision through glass, and blemishes exceeding those allowed by referenced laminated-glass standard.
1.5 SUBMITTALS
A. Product data: For each glass product and glazing material indicated. 1. Manufacturer’s product literature and applicable technical bulletins.
B. Samples: 12 inch x 12 inch sample of each type of glass indicated.
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1.6 QUALITY ASSURANCE
A. Manufacturer Qualifications: Single firm with minimum 5 years successful experience in the fabrication of glass.
B. Installer Qualifications: An experienced installer who has completed glazing similar in material, design, and extent to that indicated for this Project; whose work has resulted in glass installations with a record of successful in-service performance.
C. Regulatory Requirements: Provided tempered safety glass where required by regulatory agencies or Code.
D. Perform Work in accordance with GANA Glazing Manual and GANA Sealant Manual for glazing installation methods.
1.7 PROJECT CONDITIONS
A. Perform glazing when ambient temperature is above 40 degrees F.
B. Perform glazing on dry surfaces.
1.8 DELIVERY, STORAGE, AND HANDLING
A. Protect glazing materials according to manufacturer’s written instructions and as needed to prevent damage to glass and glazing materials from condensation, temperature changes, direct exposure to sun, or other causes.
1.9 WARRANTY
A. Manufacturer’s Special Warranty on Coated-Glass Products: Written warranty, made out to Owner and signed by coated-glass manufacturer agreeing to furnish replacements for those coated-glass units that deteriorate as defined in “Definitions” under item 1.4. 1. Warranty period: 10 years from date of Substantial Completion.
B. Manufacturer’s Special Warranty on Laminated Glass: Written warranty, made out to Owner and signed by laminated-glass manufacturer agreeing to furnish replacements for laminated-glass units that deteriorate as defined in “Definitions” under item 1.4. 1. Warranty period: Five years from date of Substantial Completion.
PART 2 – PRODUCTS
2.1 GLASS
A. Laminated Glass: 1. Provide clear laminated glass where indicated on the Drawings. Description: Two lites of clear annealed float glass, type I, ¼” thick, with clear plastic interlayer, comply with ASTM C 1172.
B. Ultra Clear Float Glass: 1. Provide white, low iron, ultra clear glass able to transmit 98% to 99% light with anti-glare and anti-reflective coatings. 2. Description: ASTM C 1036, Type 1, Class 1 (clear), Quality-Q3; and with visible light transmission of not less than 98%; 6 mm thick. 3. Product: Water White Glass as manufactured by American Computer Optics, Inc., Irvine, CA.
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2.2 MISCELLANEOUS GLAZING MATERIALS
A. Cleaners, Primers, and Sealers: Types recommended by sealant or gasket manufacturer.
B. Setting Blocks: Elastomeric material with a Shore, Type A durometer hardness of 85, plus or minus 5.
C. Spaces: Elastomeric blocks or continuous extrusions of hardness required by glass manufacturer to maintain glass lites in place for installation indicated.
D. Edge Blocks: Elastomeric material of hardness needed to limit glass lateral movement (side walking).
E. Dry Glazing System: Provide EPDM rubber gaskets to match existing profiles.
F. Glazing Tape: Closed cell polyvinyl chloride foam, coiled on release paper over adhesive on two sides, maximum water absorption by volume of 2 percent, designed for compression of 25 percent to effect an air and vapor seal.
G. Silicone Sealant: On-part neutral curing silicone, medium modulus sealant, Type S; Grade NS; Class 25 with additional movement capability of 50 percent in both extension and compression (total 100 percent). 1. Products: a. Dow Corning 795 by Down Corning Corp. b. Spectrem 2 by Tremco Inc.
PART 3 – EXECUTION
3.1 GLAZING, GENERAL
A. Comply with combined written instructions of manufacturers of glass, sealants, gaskets, and other glazing materials, unless more stringent requirements are indicated, including those in referenced glazing publications.
B. Protect glass edges from damage during handling and installation. Remove damaged glass from Project site and legally dispose of off Project site. Damage glass includes glass with edge damage or other imperfections that, when installed, could weaken glass, impair performance, or impair appearance.
C. Apply primers to joint surfaces where required for adhesion of sealants, as determined by preconstruction testing.
D. Install setting blocks in sill rabbets, sized and located to comply with referenced glazing publications, unless otherwise required by glass manufacturer. Set blocks in thin course of compatible sealant suitable for heel bead.
E. Do not exceed edge pressures stipulated by glass manufacturers for installing glass lites.
F. Provide spaces for glass lites where length plus width is larger than 50 inches.
G. Provide edge blocking where indicated or needed to prevent glass lites from moving sideways in glazing channels, as recommended in writing by glass manufacturer and according to requirements in referenced glazing publications.
3.2 GASKET GLAZING (DRY)
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A. Cut compression gaskets to lengths recommended by gasket manufacturer to fit openings exactly, with allowance for stretch during installation.
B. Insert soft compression gasket between glass and frame or fixed stop so it is securely in place with joints miter cut and bonded together at corners.
C. Installation with Pressure-Glazing Stops: Center glass lites in openings on setting blocks, and press firmly against soft compression gasket. Install dense compression gaskets and pressure glazing stops, applying pressure uniformly to compression gaskets. Compress gaskets to produce weathertight seal without developing bending stresses in glass. Seal gasket joints with sealant recommended by gasket manufacturer.
D. Install gaskets so they protrude past face of glazing stops.
3.3 PROTECTION AND CLEANING
A. Protect exterior glass from damage immediately after installation by attaching crossed streamers to framing held away from glass. Do not apply markers to glass surface. Remove non-permanent labels, and clean surface.
B. Protect glass from contact with contaminating substances resulting from construction operations, including weld splatter. If, despite such protection, contaminating substances do come in contact with glass, remove them immediately as recommended by the glass manufacturer.
C. Examine glass surface adjacent to or below exterior concrete and other masonry surfaces at frequent intervals during construction, but not less than once a month, for build-up of dirt, scum, alkaline deposits, or stain: remove as recommended by glass manufacturer.
D. Remove and replace glass that is broken, chipped, cracked, abraded, or damaged in any way, including natural causes, accidents, and vandalism, during construction period.
E. Wash glass on both exposed surfaces in each area of project not more than four days before date scheduled for inspections that establish date of substantial completion. Wash glass as recommended by glass manufacturer.
END OF SECTION
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SECTION 09 23 01
GYPSUM PLASTER RESTORATION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Restoration of interior gypsum plaster walls and ceilings where required for removal and installation of MEP, A/V, and theater lighting systems. 2. Metal lath, trim, and accessories.
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements. 2. Section 01 22 60 - Unit Prices for plaster restoration beyond base contract work. 3. Section 01 23 00 – Alternates for plaster restoration beyond base contract work. 4. Section 09 91 23 – Interior Painting and Finishing.
1.2 REFERENCES
A. American Society for Testing and Materials (ASTM): 1. C 28 - Gypsum Plaster. 2. C 631 - Bonding Compounds for Interior Plastering. 3. C 847 - Metal Lath.
B. Metal Lath/Steel Framing Association (ML/SFA) 920 - Guide Specifications for Metal Lathing and Furring.
C. Gypsum Construction Handbook, by the United States Gypsum Company, Latest edition.
D. Preservation Brief 21: Repairing Historic Flat Plaster – Walls and Ceilings, Mary Lee MacDonald, National Park Service, October, 1989.
1.3 SUBMITTALS
A. Product data: Submit manufacturer’s product specifications and installation instructions for each product, including data showing compliance with specified requirements.
B. Samples: 1. Lath, 12 inch by 12 inch sample for each type. 2. Metal accessories, 6” length sample for each type. 3. 12 x 12 inch plaster samples in proposed textures.
C. Hot Weather Procedures: Describe materials and procedures to be used.
1.4 QUALITY REQUIREMENTS
A. Applicator Qualifications: 1. Minimum 3 years documented experience in work of this Section. 2. Successful completion of at least 3 projects of similar scope and complexity within past 3 years.
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B. Analysis of Existing Plaster (For each type of plaster finish): 1. Remove four samples of existing plaster from different locations. 2. Retain one sample for later comparison. 3. Break up remaining samples individually with mallet until constituent parts remain. Examine under microscope to determine: a. Approximate proportions of aggregate and gypsum. b. Type, size, and color of aggregate. c. Types of additives.
C. Mockups: Prior to installing plaster work, construct mock-up for each type of plaster repair and condition required to demonstrate aesthetic affects, as well as qualities of materials and execution. Build mock-up to comply with the following requirements, using materials indicated for final unit of Work. 1. Flat plaster: a. Sanded finish, minimum 20 square feet. b. Smooth finish, minimum 20 square feet. c. Mock-ups shall be located adjacent to plaster finish scheduled to remain to verify seamless transition between existing and new plaster work. 2. Plaster patch, 24 inch by 24 inch, by full depth, demonstrating preparation, patching, and finishing technique. 3. Crack repair, min. 4 lineal feet, demonstrating preparation, patching, and finishing technique. 4. Locate where directed. 5. Obtain Architect’s approval of mock-ups before start of plaster Work. 6. Retain and maintain mock-ups during construction in an undisturbed condition as a standard for judging completed work.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to Project site in original packages, containers, or bundles, labeled with manufacturer’s name, product brand name, and lot number.
B. Store materials inside, under cover, and dry, protected form weather, direct sunlight, surface contamination, aging, corrosion, and damage from construction traffic and other causes.
C. Protect metal accessories from being bent or damaged.
1.6 PROJECT CONDITIONS
A. Environmental Requirements, General: Comply with requirements of referenced plaster application standards and recommendations of plaster manufacturer for environmental conditions before, during, and after plaster application.
B. Do not apply plaster when ambient or substrate temperature is less than 50 degrees F nor more than 85 degrees F.
C. Maintain minimum ambient temperature of 50 degrees F during and after application of plaster.
D. Ventilation: Ventilate building spaces as required to remove water in excess of that required for hydrating plaster. Begin ventilation immediately after plaster is applied and continue until it sets.
E. Protect contiguous work from soiling, splattering, moisture deterioration, and other harmful effects caused by plastering.
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PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Acceptable Manufacturers: 1. National Gypsum Co. 2. United States Gypsum Co.
2.2 MATERIALS
A. Plaster Materials: 1. Gypsum Plaster: ASTM C 28. 2. Aggregate: Natural sand, size, color, and texture to match existing original. 3. Additives: As determined by existing plaster analysis, to match existing original plaster. 4. Water: Clean and potable.
B. Metal Lath: ASTM C 847, expanded self-furring diamond mesh, galvanized.
2.3 ACCESSORIES
A. General: Comply with material provisions of ASTM C 1063 and the requirements indicated below; coordinate depth of accessories with thicknesses and number of plaster coats required. 1. Galvanized Steel Components: Fabricated from zinc-coated (galvanized) steel sheet complying with ASTM A 653, G40 minimum coating designation.
B. Metal Corner Reinforcement: Expanded, large-mesh, diamond-metal lath fabricated from zinc alloy or welded-wire mesh fabricated from 0.0475 inch diameter, zinc-coated wire and specially formed to reinforce external corners of Portland cement plaster on exterior exposures while allowing full plaster encasement.
C. Cornerbeads: Small nose cornerbeads fabricated from the following metal, with expanded flanges of large-mesh diamond-metal lath allowing full plaster encasement: 1. Galvanized Steel: Minimum 0.172 inch thick.
D. Casing Beads: Square-edged style, with expanded flanges of the following material: 1. Galvanized Steel: Minimum 0.172 inch thick.
E. Control Joints: Prefabricated, of material and type indicated below: 1. Galvanized Steel: Minimum 0.0172 inch thick.
F. Lath Attachment Devices: Material and type required by ASTM C 1063 for installations indicated.
G. Fasteners: Galvanized steel, minimum 5/8 inch penetration into supports.
H. Patching Compound: Premixed, containing gypsum and aggregate.
I. Tape: Woven glass fiber type, 4 inches wide.
J. Tie Wire: Galvanized annealed steel, minimum 18 gage.
K. Bonding Agent: ASTM C631; type recommended for bonding plaster directly to masonry surfaces: 1. Product: Plaster-Weld, as manufactured by Larsen Products Corp., (800) 633-6668, or approved equal.
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2.4 MIXES
A. Scratch, Brown, and Finish Coats: Mix gypsum, additives, and aggregate in proportions to match original plaster. Add water to achieve workable consistency.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Substrates: With installer present, examine substrates to which plaster assemblies attach or abut for compliance with requirements for installation tolerances and other conditions affecting performance of assemblies specified in this Section. Do not proceed with installation until unsatisfactory conditions have been corrected.
B. Before applying plaster, clean and prepare substrates according to the manufacturer’s instructions for each particular substrate condition and as specified. Roughen or remove substrates that could impair the bond with plaster.
3.2 PREPARATION
A. Prepare unit masonry substrates for plastering by re-pointing where required and cleaning to remove dirt, grease, oil, and other foreign matter and deposits that could impair bond with plaster.
B. Coordinate removal of plaster back to masonry and to solid adjacent plaster. Make edges straight, clean, sharp and beveled inward. Repair or replace work to eliminate blisters, buckles, excessive crazing and check cracking, dry-outs, efflorescence and where bond to the substrate has failed.
C. Sequence plaster application with installation and protection of other work so that neither will be damaged by installation of other.
D. Mechanically mix plaster materials at the site; do not hand mix except where small amounts are needed, using less than one bag of plaster material.
3.3 INSTALLATION OF ACCESSORIES
A. Set level and true to line; screw or wire tie to framing at maximum 12 inches on center.
B. Casing Beads: Install where plaster abuts dissimilar material or stops with edge exposed.
C. Corner Beads: Install at external corners.
D. Control Joints: Unless otherwise indicated, locate as required to limit each area of plaster to 144 square feet with no dimension exceeding 12 feet.
E. Apply joint sealer to form waterstop behind joints at intersections.
3.4 INSTALLATION OF METAL LATH AND FURRING
A. General: 1. Interior Lathing and Furring: Install materials indicated of plaster to comply with ASTM C 841. 2. Install Supplementary framing, blocking, and bracing at terminations in Work and for support of fixtures, equipment services, heavy trim, and similar work to comply with details indicated or, if no otherwise indicated, to comply with applicable written instructions of plaster manufacturer or, if not available, of USG’s “Gypsum Construction Handbook.”
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3. Isolation: Where lathing and metal support system abuts building structure horizontally and where partition or wall abuts overhead structure, sufficiently isolate from structural movement to prevent transfer of loading from building structure. Install slip- or cushion-type joints to absorb deflections but maintain lateral support. a. Frame both sides of control joint independently and do not bridge joints with furring and lathing or accessories.
B. Apply lathing with long dimension perpendicular to supports, with end joints staggered and occurring over supports.
C. Lap ends minimum 1 inch and sides minimum 1-1/2 inches.
D. Secure to framing with wire ties at maximum 6 inches on center.
E. Stop lath at each side of control joints and secure.
F. Reinforce corners of openings with 6 x 12 inch lath strip installed diagonally at each corner, wire tied to lath.
G. If lath is not continued minimum 3 inches on each side of internal corners, reinforce with 12 inch wide lath strip bent at 90 degrees and wire tied to lath.
3.5 APPLICATION OF PLASTER
A. General: 1. Prepare monolithic surfaces for bonded base coats and use bonding compound to comply with requirements of referenced plaster application standards for conditioning monolithic surfaces. 2. Tolerances: Do not deviate more than plus or minus 1/8 inch in 10 feet from a true plane in finished plaster surfaces, as measured by a 10-foot straightedge placed at any location on surface. 3. Sequence plaster application with installation and protection of other work so that neither will be damaged by installation of other. 4. Plaster flush with metal frames and other built-in metal items or accessories that act as a plaster ground, unless otherwise indicated. Where plaster is not terminated at metal frame by casing beads, cut base coat free from metal frame before plaster sets and groove finish coat at junctions with metal. 5. Apply thicknesses and number of coats of plaster as indicated or as required by referenced standards.
B. Plaster Application Standard: Apply plaster materials, composition, mixes, and finishes indicated to comply with ASTM C 842.
C. Number of Coats: Apply plaster of composition to match original as determined by analysis, to comply with the following requirements: 1. Three Coats: Over the following plaster bases: a. Metal lath. 2. Two Coats: Over the following bases: b. Unit masonry. c. Concrete, cast-in-place or precast when surface condition complies with ASTM C 842 for plaster bonded to solid base. 3. Finish Coats: Apply finish coats to match texture and finish of original adjacent plaster.
D. Installation Tolerances:
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1. Plaster Tolerance: Maximum 1/8 inch in 10 feet variation from true flatness. 2. Trim Tolerance: Maximum 1/4 inch in 10 feet variation from plumb, level, or true plane, noncumulative.
E. Provide finish matching surrounding texture at each patch location and blend so that patches are indiscernible from original work.
3.6 REPAIR OF SMALL CRACKS AND MINOR DAMAGE
A. Remove existing damaged plaster back to a point at which sound material is reached.
B. Remove loose and foreign matter that could impair adhesion.
C. Fill voids with patching compound; apply with sufficient pressure to eliminate voids and ensure adhesion.
D. Finish to match adjacent surfaces.
3.7 REPAIR OF LARGE CRACKS
A. Remove existing damaged plaster back to a point at which sound material is reached.
B. Remove loose and foreign matter that could impair adhesion.
C. Fill voids with patching compound; apply with sufficient pressure to eliminate voids and ensure adhesion.
D. Embed tape in wet compound. Apply additional compound to cover tape.
E. Finish to match adjacent surfaces.
3.8 REPAIR OF DELAMINATED PLASTER LAYERS
A. Remove existing damaged plaster layers down to a point at which sound material is reached.
B. Remove loose and foreign matter that could impair adhesion.
C. Apply bonding agent in accordance with manufacturer's instructions.
D. Fill voids with patching compound; apply with sufficient pressure to eliminate voids and ensure adhesion.
E. Finish to match adjacent surfaces.
3.9 REPAIR OF DAMAGED PLASTER OVER METAL LATH
A. Remove existing damaged plaster down to lath.
B. Reattach loose lath with nails or wire ties.
C. Apply scratch, brown, and finish coats to thickness to match original plaster.
D. Finish to match adjacent surfaces.
3.10 REPAIR OF DAMAGED PLASTER OVER MASONRY
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A. Remove existing damaged plaster down to masonry.
B. Rout out mortar joint to 5/8 inch depth.
C. Apply bonding agent in accordance with manufacturer's instructions.
D. Apply scratch, brown, and finish coats to thickness to match original plaster.
E. Finish to match adjacent surfaces.
3.11 SKIM COATING EXISTING PLASTER
A. Remove existing damaged plaster down to a point at which sound material is reached.
B. Remove loose and foreign matter that could impair adhesion.
C. Apply bonding agent in accordance with manufacturer's instructions.
D. Apply minimum 1/8 inch plaster skim coat over entire surface.
E. Finish to match original plaster.
3.12 ADJUSTING
A. Repair or replace damaged, discolored, and defective plaster.
3.13 CLEANING
A. Promptly remove plaster from surfaces, which are not to be plastered. Repair floors, walls and other surfaces, which have been stained, marred or otherwise damaged during plaster work. When plastering work is completed, remove unused materials, containers and equipment and clean floors of plaster debris.
B. Work shall be left in clean condition ready for painting.
END OF SECTION
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SECTION 09 68 13
CARPET TILE
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Modular carpet and accessories.
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements. 2. Section 01 23 00 – Alternates for replacement of VAT tile flooring with carpet beyond base contract work. 3. Section 02 82 13 – Asbestos / Lead Abatement for removal of VAT flooring and mastic 4. Lead Survey and Hazardous Materials Report included in the Appendix of the Project Manual.
1.2 REFERENCES
A. American Society for Testing and Materials (ASTM) F 1869 - Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride.
B. National Fire Protection Association (NFPA) 253 - Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source.
C. The Carpet and Rug Institute’s Standard for Installation of Commercial Textile Floor Covering Materials, CRI 104-1993.
1.3 SUBMITTALS
A. Product data for each type of carpet material and installation accessory required. Submit written data on physical characteristics, durability, resistance to fading, flame resistance characteristics, and maintenance data.
B. Samples: 1. 24 x 24 inch carpet sample with backing for each type of carpet. 2. One sample of each type of accessory item.
C. Shop Drawing: Show the following: 1. Doorways, enclosing walls or partitions, built-in elements, changes in flooring materials, and locations where cutouts are required in carpet tiles. 2. Type of subfloor. 3. Type of installation. 4. Pattern of installation. 5. Patter type, location, and direction. 6. Pile direction.
1.4 QUALITY ASSURANCE
A. Installer: Minimum 2 years documented experience in work of this Section.
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B. Single Source Responsibility: Provide material produced by a single manufacturer and of a single dye lot for each carpet type.
C. Carpet: Class I rated, tested to NFPA 253.
1.5 PROJECT CONDITIONS
A. Do not begin installation until painting and finishing work have been completed.
B. Do not install if temperature of spaces or subfloor is below 65 degrees F or over 95 degrees F.
C. Test the concrete for alkalinity prior to beginning the installation. Check the concrete for surface pH at several locations. A reading below 5.0 or above 9.0 requires corrective measures.
D. Check the concrete for moisture. The moisture transmission rate must not exceed 5 lbs per 1000 s.f. per 24 hours.
1.6 WARRANTIES
A. Furnish manufacturer's standard warranties as applicable to each carpet.
1.7 MAINTENANCE
A. Extra Stock: 5 percent of each carpet type.
PART 2 - PRODUCTS
2.1 CARPET TILE
A. Auditorium: 1. Aisles: Style name: Mesh Tile; Style No.: 5T044; Color: 93601 Burnish, as manufactured by Shaw Contract Group. 2. Border: Style name: Starting Point Modular; Style No.: GT 111; Collection: Fresh Observations; Color: 999 Verge, as manufactured by the Mohawk Group-Lees.
2.2 INSTALLATION ACCESSORIES
A. Trowelable Leveling and Patching Compounds: Latex-modified, hydraulic-cement-based formulation provided or recommended by carpet tile manufacturer.
B. Adhesive: Water-resistant, mildew-resistant, non-staining, pressure-sensitive type to suit products and subfloor conditions indicated, that complies with flammability requirements for installed carpet tile and is recommended by carpet tile manufacturer for releasable installation as recommended by carpet manufacturer.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Examine substrates, areas, and conditions, with installer present, for compliance with requirements for maximum moisture content, alkalinity range, installation tolerances, and other conditions affecting carpet tile performance. Examine carpet tile for type, color pattern, and potential defects.
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B. Concrete Subfloors: Verify that concrete slabs comply with ASTM F 710.
C. Proceed with installation only after unsatisfactory conditions have been corrected.
D. Preparation: Comply with CTI 104, Section 6.2, “Site Conditions; Floor Preparation,” and with carpet tile manufacturer’s written installation instructions for preparing substrates indicated to receive carpet tile installation.
E. Installation: Comply with CRI 104, Section 14, “Carpet Modules,” and with carpet tile manufacturer’s written installation instructions.
F. Installation Method: As recommended in writing by carpet tile manufacturer.
G. Maintain dye lot integrity. Do not mix dye lots in same area.
H. Cut and fit carpet tile to butt tightly to vertical surfaces, permanent fixtures, and built-in furniture including cabinets, pipes, outlets, edgings, thresholds, and nosings. Bind or seal cut edges as recommended by carpet tile manufacturer.
I. Extend carpet tile into toe spaces, door reveals, closets, open-bottomed obstructions, removable flanges, alcoves, and similar openings.
J. Maintain reference markers, holes, and openings that are in place or marked for future cutting by repeating on finish flooring as marked on subfloor. Use nonpermanent, nonstaining marking device.
K. Install pattern parallel to walls and borders.
L. Per the following operations immediately after installing carpet tile: 1. Remove excess adhesive, seam sealer, and other surface blemishes using cleaner recommended by carpet tile manufacturer. 2. Remove yarns that protrude from carpet tile surface. 3. Vacuum carpet tile using commercial machine with face-beater element. 4.
M. Protect installed carpet tile to comply with CRI 104, Section 16, “Protecting Indoor Installations.”
3.2 PROTECTION
A. Provide final protection and maintain conditions, in a manner acceptable to manufacturer and installer, to ensure carpet is not damaged or deteriorated at time of Substantial Completion.
END OF SECTION
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SECTION 09 91 23
PAINTING AND FINISHING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Surface preparation and field application of paints and stains at restored wall and ceiling areas where MEP, A/V, and theater lighting systems are scheduled to be removed and installed. Paint to match color and finish of adjacent surfaces. 2. Where approved devices and distribution lines are exposed in areas accessible to the public, paint devices and lines to match color and finish of adjacent surfaces.
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements. 2. Section 01 22 60 – Unit Prices for painting beyond base contract work. 3. Section 01 23 00 - Alternates for painting beyond base contract work. 4. Section 02 82 13 – Asbestos / Lead Abatement 5. Section 05 70 00 – Ornamental Metal for powder coated paint finish. 6. Section 06 42 14 – Stile and Rail Wood Paneling for replication of antique pickled faux grain finish at replaced millwork. 7. Section 09 23 01 – Gypsum Plaster Restoration. 8. Section 12 61 00 – Fixed Audience Seating Restoration for replication of decorative multi-color paint scheme at existing Auditorium seating [Alternate No. 8]. 9. Limited Interior Finish Analysis for the University of Texas Hogg Auditorium, prepared by ARCHITEXAS, dated April 18, 2014, included in the Appendix of the Project Manual. 10. Lead Survey and Hazardous Materials included in the Appendix of the Project Manual.
1.2 REFERENCES
A. ASTM International (ASTM) D 4442 – Direct Moisture Content Measurement of Wood and Wood- Base Materials.
B. Society for Protective Coatings (SSPC) – Painting Manual.
1.3 SUBMITTALS
A. Product Data: Manufacturer’s data on materials proposed for use. Include: 1. Product designation and grade of each coating type. 2. Surface preparation materials and procedures. 3. Product analysis and performance characteristics for each coating type.
B. Samples: 1. 3 x 6 inch samples of each of the selected colors and glosses applied on representative substrates on which the coating will be applied in the Work. Apply each coat stepped back 1 inch so that all coats remain exposed. Indicate type of material used for each coat. Include samples for transparent and opaque coatings. 2. For sand finish plaster walls provide 12 x 12 inch texture samples on gypsum board backing.
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C. Paint Schedule: Detailed schedule indicating type and location of surface, coating materials, and number of coats to be applied.
1.4 QUALITY ASSURANCE
A. Applicator Qualification: Engage an experienced applicator who has completed paint system applications similar in material and extent to that indicated for this Project with a record of successful in-service performance.
B. Provide finish coats which are compatible with prime paints used.
C. Mockups: 1. Construct mockup panels, 4 feet wide x full height, for each color and substrate to be painted in the project, illustrating each coating color, texture, and finish. 2. Locate where directed. 3. Approved mockups may remain as part of Work.
1.5 DELIVERY, STORAGE AND HANDLING
A. Deliver paints, coatings, solvents and similar materials to the job site in their original unopened containers with seals unbroken, labels intact and legible at time of use and with the manufacturer’s instructions printed thereon. Do not use expired materials. Remove and do not store expired materials on-site.
B. Paint Materials: Store at minimum ambient temperature of 45 degrees F and maximum of 90 degrees F, in ventilated area, or as required by manufacturer’s instructions.
1.6 PROJECT CONDITIONS
A. Do not apply materials when surface and ambient temperatures or relative humidity are outside ranges required by manufacturer.
B. Provide lighting level of 80 footcandles measured mid-height at substrate surface.
1.7 MAINTENANCE
A. Extra Stock: Deliver to the Owner an extra stock of paint equaling one gallon of each color and gloss used in each finish coating material. Extra stock shall be tightly sealed in clearly labeled containers.
PART 2 – PRODUCTS
2.1 MANUFACTURERS
A. Contract Documents are based on products by Sherwin Williams Co.
B. Equivalent products by the following manufacturers are acceptable: 1. Benjamin Moore and Co. (www.benjaminmoore.com) 2. Devoe Paint Co. (www.devoepaint.com) 3. Fuller O’Brien Paints. (www.fullerpaint.com) 4. I.C.I. Paints. (www.icipaintstores.com) 5. Kelly-Moore Paints. (www.kellymoore.com) 6. PPG Architectural Finishes, Inc. (www.pittsburghpaints.com) 7. Pratt and Lambert Paints. (www.prattandlambert.com)
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C. Substitutions: Under provisions of Division 1.
2.2 PAINT MATERIALS
A. Prime Coats: Provide undercoat paint produced by the same manufacturer as the finish coats. Use only thinners approved by the paint manufacturer, and use only to manufacturer-recommended limits. Two prime coats may be required to provide a proper base for finish coats.
B. Colors and Glosses: Colors and glosses shall be as selected by the Architect. Colors will require paint manufacturer to prepare special factory mixes to match colors selected by the Architect. Color schedule (with gloss) shall be furnished by the Architect. The Architect and the Owner reserve the right to change custom colors and glosses, without additional cost to the Owner.
C. Coloring Pigment: Products of or furnished by the manufacturer of the paint or enamel approved for the work.
D. Linseed Oil: Raw or boiled, as required, of approved manufacture, per ASTM D234 and D260, respectively.
E. Turpentine: Pure distilled gum spirits of turpentine, per ASTM D13.
F. Dryers, Putty, Spackling Compound, Patching Plaster, etc.: Best quality, of approved manufacture.
G. Solvents: Submit solvents recommended by paint manufacturers for each substrate condition.
2.3 MIXING
A. Uniformly mix to thoroughly disperse pigments.
B. Do not thin in excess of manufacturer’s recommendations.
PART 3 – EXECUTION
3.1 EXAMINATION
A. Test shop applied primer for compatibility with subsequent coatings.
B. Measure moisture content of surfaces using electronic moisture meter. Do not apply coatings unless moisture content of surfaces are below following maximums: 1. Concrete: 5 percent. 2. Plaster: 12 percent. 3. Wood: 15 percent, measured to ASTM D 4442.
3.2 PREPARATION
A. General: 1. Protect adjacent and underlying surfaces. 2. Remove or mask electrical plates, hardware, light fixture trim, escutcheons, and fittings prior to preparing surfaces or finishing. 3. Correct defects and clean surfaces capable of affecting work of this section. 4. Seal marks that may bleed through surface finishes with shellac.
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B. Impervious Surfaces: Remove mildew by scrubbing with solution of tri-sodium phosphate and bleach. Rinse with clean water and allow to dry.
C. Concrete: 1. Clean surfaces of loose and foreign matter that could affect penetration or performance of sealer; follow manufacturer’s instruction. 2. Thoroughly rinse surfaces with clean water. 3. Allow surfaces to dry completely before beginning application.
D. Plaster: 1. Fill hairline cracks, small holes, and imperfections with latex patching plaster. Finish smooth and flush with adjacent surfaces. 2. Wash and neutralize high alkali surfaces.
E. Galvanized Steel: Remove surface contamination and oils and wash with solvent.
F. Uncoated Ferrous Metals: 1. Remove grease, mill scale, weld splatter, dirt, and rust. 2. Where heavy coatings of scale are evident, remove by hand or power tool wire brushing or sandblasting; wash with solvent. 3. Apply treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned. 4. Spot prime paint after repairs.
G. Shop Primed Ferrous Metals: 1. Sand and scrape to remove loose primer and rust. Feather edges to make patches inconspicuous. 2. Clean with solvent. 3. Prime bare steel surfaces.
H. Interior Wood for Opaque Finish: 1. Wipe off dust and grit prior to priming. 2. Seal knots, pitch streaks, and sappy sections with sealer. 3. Fill nail holes and cracks after primer has dried; sand between coats.
I. Interior Wood for Transparent Finish: 1. Wipe off dust and grit prior to sealing. 2. Seal knots, pitch streaks, and sappy sections with sealer. 3. Fill nail holes and cracks after sealer has dried; sand lightly between coats.
J. Wood Doors: Seal door top and bottom edge surfaces with clear sealer.
K. Metal Doors: Prime door top and bottom edge surfaces.
L. Existing Wood with Transparent Finish: 1. Remove loose and flaking varnish. 2. Clean surfaces with ammonia based cleaner and wipe dry. 3. Lightly sand remaining varnish to dull surface gloss and remove brush marks and raised areas. 4. Fill holes, cracks, depressions and other imperfections with color-matched patching compound; sand flush with surface.
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5. Lightly sand exposed bare wood. 6. Apply stain to bare wood; blend into adjacent stained surfaces. 7. Apply clear topcoats per Paint Schedule.
M. Other Existing Surfaces: 1. Remove loose, flaking, powdery, and peeling paints. 2. Lightly sand glossy painted surfaces. 3. Fill holes, cracks, depressions and other imperfections with patching compound; sand flush with surface. 4. Remove oil, grease, and wax by scraping; solvent wash and thoroughly rinse. 5. Remove rust by wire brushing to expose base metal. 6. Sand raised areas flush with adjacent surfaces. 7. Where changes in plane occur due to loss of paint layers, sand or feather edges to provide smooth, gradual transitions. Texture surfaces where required to match adjacent surfaces.
3.3 APPLICATION
A. Apply primer or first coat immediately after surface preparation is complete to prevent recontamination.
B. Do not apply finishes to surfaces that are not dry.
C. Apply coatings to minimum dry film thickness recommended by manufacturer.
D. Apply each coat of paint slightly darker than preceding coat unless specified otherwise.
E. Apply coatings to uniform appearance without laps, sags, curtains, holidays, and brush marks.
F. Allow applied coats to dry before next coat is applied.
G. Sand between coats on interior wood and metal surfaces.
H. Match final coat to approved color samples.
I. Where clear finishes are specified, tint fillers to match wood. Work fillers into grain before set. Wipe excess from surface.
J. Prime concealed surfaces of interior wood in contact with masonry or cementitious materials with one coat primer paint.
K. Mechanical and Electrical Components: 1. Paint factory primed equipment. 2. Remove unfinished and primed louvers, grilles, covers, and access panels; paint separately. 3. Paint exposed and insulated pipes, conduit, boxes, ducts, hangers, brackets, collars, and supports unless factory finished. 4. Do not paint name tags or identifying markings. 5. Paint exposed conduit, electrical equipment, mechanical ducts, and sprinkler piping in finished areas.
L. Do not Paint: 1. Surfaces indicated on Drawings or specified to be unpainted or unfinished.
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2. Surfaces with factory applied finish coat or integral finish, except for touching-up of damaged surfaces. 3. Masonry surfaces. 4. Finish hardware. 5. Architectural metals, including brass, bronze, stainless steel, and chrome plating. 6. Surfaces not to be painted shall be left completely free of droppings and accidentally applied materials resulting from the Work of this Section
3.4 FIELD QUALITY CONTROL
A. Manufacturer’s Field Services: Ensure that materials are being applied properly.
3.5 ADJUSTING
A. Make detailed inspection of paint work; touch up abraded, stained, and otherwise disfigured surfaces or refinish as required.
3.6 CLEANING
A. Remove paint from adjacent surfaces.
3.7 PAINT SCHEDULE
A. Types of paint listed herein are set forth as standard of quality and type of coating required for each type of surface. 1. Exposed surfaces of type listed in following schedule are to be painted. 2. Other exposed surfaces not specifically listed shall receive not less than two coats of appropriate type of coating.
B. Prime coat shall consist of touch up only on shop primed and existing surfaces.
SUBSTRATE PRIMER TOP COATS
Interior Surfaces: Plaster and gypsum board, flat One coat PrepRite Classic Two coats ProMar 200 Interior finish Interior Latex Primer Latex Flat Plaster and gypsum board, One coat PrepRite Classic Two coats ProMar 200 Interior enamel finish Interior Latex Primer Latex Eg-Shel Ferrous and galvanized metals One coat DTM Acrylic Two coats ProClassic Interior Primer/Finish Alkyd Semi-Gloss Enamel Wood, transparent finish Per approved mock-up Per approved mock-up (Architectural millwork) Concrete, transparent finish None Two coats H & C Concrete & Masonry Waterproofing Sealer (Floors)
END OF SECTION
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SECTION 11 61 33
THEATRE RIGGING, CURTAINS AND TRACKS
PART 1- GENERAL
1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.02 SCOPE A. All materials, components, and services necessary to provide a complete system indicated in this Section, as specified herein and shown on related Drawings, including: 1. Verification of dimensions and conditions at the job site. 2. Preparation and submission of complete shop drawings and samples for approval prior to fabrication. 3. Shipment of equipment to job site and the secured storage of all non-fixed equipment. 4. Installation and completion, in accordance with these Specifications, related Drawings, the Equipment Manufacturer's recommendations, established trade criteria, and all applicable code requirements. 5. The inspection, demonstration, and necessary adjustment of the completed installation by the Contractor's engineering personnel. 6. Preparation and submission of complete record drawings and operational and maintenance data and certificates. 1.03 WORK INCLUDED A. Demolition of existing rigging system. B. Dead hung linesets. C. Motorized winches and winch controls. D. Fire curtain assembly. E. Curtains and tracks. F. Rigging accessories. G. The above is for reference only and is not intended to define the limits of the work for a complete installation. 1.04 ALTERNATES A. Provide individual bids for each of the alternates identified herein and shown on related Drawings. Contractors may elect to indicate “no bid” for Alternates No. 1 or No. 2.: 1. BASE BID: Base bid shall include: demolition and replacement of the Fire Curtain; demolition of first three downstage rigging sets and replace with Motorized Screen Rigging, Main Curtain, Main Valance, and Rigging Controls; new Main Valance; new Main Curtain and Track. Per the Drawings and Specifications. 2. ALTERNATE NO. 1: Provide alternate cost for demolition of remaining existing rigging and replace with all additional indicated motorized and dead hung rigging, per the Drawings and Specifications. Replacement curtains and tracks shall be per Alternate No. 2 below. 3. ALTERNATE NO. 2: Provide alternate cost for new curtains and tracks, per the Drawings and Specifications.
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1.05 WORK NOT INCLUDED A. Principal structural steel work, except as herein indicated. B. Electrical wiring, conduit, and connections. C. The above is for reference only and is not intended to define the limits of the work for a complete installation. 1.06 RELATED WORK IN OTHER SECTIONS A. Structural steel. B. Concrete and masonry. C. Smoke vents and roof hatches. D. HVAC. E. Plumbing and sprinklers. F. General electrical work. G. Section 26 09 61- Theatrical lighting system. H. Sound and communications systems. 1.07 RIGGING CONTRACTOR QUALIFICATIONS A. All equipment and installation shall be the responsibility of a single contractor who shall own and operate his own full-time, staffed shop and sewing room for the fabrication and assembly of stage equipment. This contractor shall assume complete responsibility for the engineering, fabrication, transportation, and installation of the work in this Section, and shall hold the Owner, Architect, Schuler Shook, and all their Employees and Consultants harmless for any costs for errors or omissions associated with the work of this Section and any action arising therefrom. B. The contractor shall have at least ten (10) years' experience in the installation of similar equipment and systems. In addition, the qualified contractor shall have completed a minimum of three projects of similar scope and magnitude within the last five years. Contractors not demonstrating this minimum experience at the time of bid submission will not be considered qualified to perform the work specified in this section. C. Contractors not having a qualified and experienced sewing room as an integral part of their operation shall employ the services of a qualified and experienced sewing sub-contractor for the fabrication of stage curtains. The sewing sub-contractor shall have at least ten (10) years' experience in the fabrication of curtains for similar projects. If requested, the rigging contractor shall submit a representative list of projects performed by the sewing sub-contractor during the above period. 1.08 APPROVED FABRICATORS A. The hoists, motors, hardware and related components specified herein shall be fabricated by the following: 1. H & H Specialties, Inc., 2203 Edwards Avenue, South El Monte, California, 91733. http://www.hhspecialties.com/ 2. J. R. Clancy, Inc., 7041 Interstate Island Road, Syracuse, New York, 13209. http://www.jrclancy.com/ 3. Rigging Innovators, 7819 Fortune Drive, San Antonio, TX 78250. http://www.rigginginnovators.com/index.html 4. SECOA, 8650 109th Ave. N., Champlin, MN 55316. http://www.secoa.com/ 5. Texas Scenic Company, 5423 Jackwood Drive, San Antonio, Texas, 78238. http://www.texasscenic.com/ 6. Tiffin Scenic Studios, Inc., 146 Riverside Drive, Tiffin, Ohio 44883. http://www.tiffinscenic.com/
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B. The draperies and related components specified herein shall be fabricated by the following: 1. J B Martin Corporation, 645 5th Avenue, Suite 400, New York, NY 10022. http://www.jbmartin.com/ 2. KM Fabrics, Inc., Box 7379, Branwood Station, Greenville, SC 29610. 3. I. Weiss & Sons, 2-07 Borden Ave., Long Island City, NY 11101. http://www.i- weiss.com/ 4. Rose Brand,424 W 33rd StNew York, NY 10001. http://www.rosebrand.com/ 5. SECOA, 8650 109th Ave. N., Champlin, MN 55316. http://www.secoa.com/ 6. Stage Decoration & Supplies, Inc., 3519 Associate Drive, Greensboro, NC 27405. http://www.stagedec.com/ 7. Texas Scenic Company, 5423 Jackwood Drive, San Antonio, Texas, 78238. http://www.texasscenic.com/ 8. Tiffin Scenic Studios, Inc., 146 Riverside Drive, Tiffin, Ohio 44883. http://www.tiffinscenic.com/ C. The track, track hardware, and related components specified herein shall be fabricated by the following: 1. Automatic Devices Company, 2121 South 12th Street, Allentown, PA 18103. http://www.automaticdevices.com 2. H & H Specialties, Inc., 2203 Edwards Avenue, South El Monte, CA 91733. www.hhspecialties.com 1.09 SUBMITTALS A. With bid. 1. Proof of qualifications as listed above. 2. A list of any and all proposed deviations or exceptions from the contract Drawings and Specifications, whether or not these variations have been formally or informally accepted by Schuler Shook. Any deviations or exceptions from the Drawings or Specifications proposed after bid shall not be accepted. 3. A schedule for the anticipated completion of the following: a. Shop drawings. b. Delivery of all equipment. c. Installation of all systems. B. Shop drawings. 1. Shop drawings shall be produced by the primary rigging equipment manufacturer. Where multiple manufacturers are providing equipment, the rigging contractor shall assemble all shop drawing submittals into a single, complete package with internal coordination. Shop drawings produced by an equipment dealer / vendor shall not be accepted. Partial shop drawing submittals shall not be accepted. 2. Prepare all shop drawings under the supervision of professional electrical and structural engineers so licensed by the State of Texas. All shop drawings shall be stamped and certified by those engineers. Structural Engineer's review shall include, but not be limited to, all elements related to overhead lifting, all elements suspended overhead, and structural support of all elements provided by the Rigging Contractor. 3. Within forty-five (45) days of contract award, the Contractor shall submit a minimum of six (6) sets of computer-generated drawings in PDF format to the Architect for approval prior to fabrication: a. Floor plan and section of stage in scale equal to 1/4" = 1'-0".
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b. Elevation of each rigging set type showing stage floor, gridiron, all blocks, batten travel, arbor travel, low and high trims, and cable management. c. Curtain schedule indicating fabric, finished size, fullness, and top finish. d. Complete, fully dimensioned shop drawings of all major components. e. Requisite plans, sections, schematics, and details indicating assembly and installation of components. f. Quantities of each component and sub-assembly. g. Load ratings of all bearings, blocks, trim chains, lift lines, and purchase lines within the system. h. Certification that all steel cable and rope is certified to meet Federal Standard RR-W- 410E or ASTM 1023/A 1023M and to meet the required breaking strength. i. Indication of all supplementary structural support to be supplied and installed as part of the work of this Section. j. Complete descriptions, including manufacturer and model number, of all bearings, motors, and transmissions. k. Complete descriptions, including manufacturer and model number, of all electrical components. All control panel switches and pilot lights shall be described by the manufacturer's catalog sheet. l. Power requirements and installation wiring diagrams for all electrical components. m. Indication by boxed caption of any and all deviations or exceptions from the contract Drawings and Specifications, whether or not these variations have been formally or informally accepted by Schuler Shook. C. Samples. 1. Within forty-five (45) days of contract award, the Contractor shall submit to the Architect and Schuler Shook for approval prior to fabrication: a. Standard color lines and / or color samples as required for all curtain fabrics for selection by Architect. b. Custom curtain colors, fabrics or assemblies shall be submitted at a scale sufficient to review all pattern repeats, trim, decorative elements, hems and finishing. Custom samples shall be minimum 24-inches square, identical in weight and pile to the finished curtain fabric. Contractor shall obtain written approval of all custom colors, fabrics or assemblies prior to fabrication. c. Samples of any equipment component requested by Schuler Shook. 2. Samples shall not be considered part of specified quantities but shall be returned to Contractor upon request. D. Final submittal. 1. Within thirty (30) days of final tests, and as a condition for final approval, the Contractor shall submit three (3) bound sets to the Architect and one (1) bound set to Schuler Shook: a. Receipts for delivery of all non-installed items, i.e., all items designated, "deliver to Owner." b. "As built and approved" drawings and wiring diagrams showing all systems and components as installed, including all field modifications. c. Operation and service manuals, schematics, and parts lists for each unit of equipment installed or provided. d. Flameproofing certificates. e. Load testing record. f. Certificates of warranty, as set forth below.
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1.10 TESTING AND INSTRUCTION A. The primary rigging equipment manufacturer shall conduct a preliminary site inspection and notify Schuler Shook in writing that the installation is complete and ready for punch list inspection. The manufacturer site inspection may be waived in writing by Schuler Shook prior to bid. B. Upon completion of all installation work and manufacturer inspection, the Contractor shall certify in writing to the Architect that the work is complete and ready for final inspection. Final inspection shall be scheduled by the Owner, the Architect, and Schuler Shook within fourteen (14) days following the Contractor's notice of completion. C. Final inspection shall be conducted by a knowledgeable representative of the Contractor, in the presence of the Owner, the Architect, and Schuler Shook, and shall include the following: 1. Visual examination of all components. 2. Operation of all components. 3. Sightline check of masking curtains. 4. Full failure condition test of all safety brakes. D. Necessary adjustments or modifications shall be made as required. E. Contractor's representative shall instruct Owner's designated staff or representatives in the safe operation and maintenance of all equipment, including the storage and cleaning of all fabrics. This instruction session shall be scheduled to last a minimum of four (4) hours. F. The contractor shall provide to the Owner video-recorded instructions on the operation and maintenance of the system. Information contained in the video shall include all points of operation and maintenance covered in the instruction session with the Owner’s staff. A recording of the actual instruction session is acceptable. Provide two (2) DVDs each containing full copies of the video instruction. G. The contractor shall return to the job site 11 months after the date of final acceptance to provide a complete rigging system inspection. This inspection shall be scheduled at the convenience of the venue, respecting production and staff schedules. The inspection shall include: 1. Visual examination and operation of all components. 2. Necessary adjustments or modifications shall be made as required. Any defects in materials or workmanship shall be remedied as specified in the warranty. 3. Instruction session with facility staff to review safe operation and maintenance of all equipment. This instruction session shall be scheduled to last a minimum of one (1) hour. 4. Written proposal to Owner to provide rigging inspection every 12 months or on schedule defined by the Owner. 5. Written notification to Schuler Shook including date of rigging inspection, list of necessary adjustments or warranty repairs, and names of facility staff that attended instruction session. 1.11 GENERAL REQUIREMENTS A. General Conditions of the project contract, work schedules, and site regulations apply to this work. B. This work shall comply with local codes and applicable NEC and UL standards, and all components shall carry pertinent UL labels. C. List standards including: 1. UL 508A Industrial control panels. 2. UL 924 Emergency lighting and power equipment. 3. UL 1640 Portable power distribution equipment. D. All equipment shall be fully insured against loss or damage during shipment, job site storage, installation, and testing. The Contractor shall have and assume full responsibility for the safety of every unit of equipment, components, wiring, and plans during delivery, installation, and testing. Certification of such coverage shall be furnished to the Architect within 30 days of award of contract. E. Warranty.
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1. The Contractor shall unconditionally warrant all equipment and systems provided under this Section to be free from defects in materials and workmanship for a period of at least twelve (12) months from the date of final acceptance of all work of this Section. 2. All repairs and service during the warranty period shall be performed at the job site. Labor, materials, and transportation of replacement materials, parts and service personnel to and from the job site shall be included hereunder at the Contractor's expense. 3. Appropriate additional equipment or draperies to replace equipment, devices, or draperies removed for repair, service, or cleaning shall be provided at the job site at no expense to the Owner. 4. Warranty service shall be performed by personnel in the employ of the Contractor and shall not be sub-contracted or assigned to another company, service, or individual unless the Owner has approved such assignment in writing, in which event the Contractor shall nevertheless be responsible to the Owner for such work.
PART 2 - PRODUCTS
2.01 GENERAL A. All components shall be new and of first quality. B. Machinery and component parts shall comply with all applicable tests, ratings, specifications, and code requirements and bear appropriate labels of conformity and acceptability. C. All components shall bear pertinent flameproofing certificates and UL labels. All components shall bear labels identifying the manufacturer, model number, and serial number. All such labels and certificates shall be permanently attached in a conspicuous location. D. Operating parts of all equipment shall be machine finished, and tolerances, finishes, fit, etc., where not specified, shall conform to good trade practices. E. All items necessary for a complete, operational system shall be provided, including bolts, nuts, washers, fittings, anchors, supports, hinges, and all other items required for completeness and operational safety. Where not specified elsewhere in this Section, all bolts shall be Grade 5 or better. F. Where not specified elsewhere in this Section, all rope and wire rope shall be selected using a minimum safety factor of 8 to 1. All chain, shackles, and all other hardware shall be selected using a minimum safety factor of 3 to 1. These safety factors apply to dynamic loading conditions. G. Where not specified elsewhere in this Section, sheaves and drums shall have a tread diameter of at least 30 times the diameter of the wire rope employed. H. All lineset locations shall be numbered sequentially from the front of the stage to the rear of the stage, with no lineset numbers being out of order. I. Unless specifically shown otherwise in the drawings, the contractor shall run all lift lines directly from the headblock to the loftblocks without muling. Contractors wishing to add muling may do so only with the approval of Schuler Shook, such proposals to be made at least ten (10) days prior to bid date. Muling to accommodate unforeseen site conditions must be approved by Schuler Shook prior to installation. J. All control panel faceplates shall be black anodized aluminum or black painted steel, and all labels and legends shall be permanently engraved directly into the faceplate. Engravings shall be filled with white enamel. Lamicoid labels may be used if mechanically fastened. Dry transfer, decals, plastic "dymo," or other types of adhesive labels shall not be used. Silk-screened legends shall not be used. All control panel faceplates shall have beveled edges and rounded corners. K. Where specification allows for “approved equal,” substitutions shall be proposed to Schuler Shook at least ten (10) days prior to bid date. L. Equipment and hardware are specified on the basis of performance and minimum acceptable quality. Materials manufactured by any of the following companies that equals or surpasses the performance and quality specified will be acceptable: 1. Automatic Devices Company, Allentown, Pennsylvania.
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2. J. R. Clancy, Syracuse, New York. 3. H & H Specialties, South El Monte, California. 4. SECOA, Champlin, Minnesota. 5. Texas Scenic, San Antonio, Texas. M. Imported steel cable and rope shall be tested and certified as specified herein. Cable or rope provided by any of the following vendors that equals or surpasses the performance and quality specified will be acceptable. Other vendors seeking approval to provide imported cable or rope must contact Schuler Shook not later than ten (10) days prior to bid date. 1. J. R. Clancy, Syracuse, New York. 2. H & H Specialties, South El Monte, California. 3. SECOA, Champlin, Minnesota. 4. Texas Scenic, San Antonio, Texas. 2.02 8-INCH UPRIGHT LOFT BLOCKS A. Sheaves shall have an outside diameter of at least 8 inches, made of Class 30 gray iron conforming to ASTM specification A-48 OR Nylatron GS. Sheaves shall be grooved for 1/4" wire rope, with a groove diameter clearance of .015 inch. B. Hubs shall be min. 2" diameter, machine faced, bored for and press-fitted with double sealed precision ball bearing assemblies. Each bearing shall be designed for a dynamic radial loading of at least 1,000 pounds at 500 rpm. C. Shafts shall be min. 1/2 inch diameter cold finished steel shafting. One end shall be locked to the side plate by a keeper pin; the other end shall be threaded and drilled for a castellated lock nut and cotter pin. D. Side plates shall be min. 12 gauge cold rolled steel plate, flame cut to latch over one-half of structural member bottom flange. Side plates shall be attached by at least five (5) min. 5/16" bolts through ungrooved pipe spacers sized to space side plates for proper sheave clearance. Locate spacers where appropriate to retain cables in sheave grooves. E. Base angles shall be min. 1-1/4" x 1-1/4" x 3/16", fillet welded to the side plates. F. Locking adjustment shall be high-tensile cast iron angle clip on min. 3/4" threaded rod with two (2) nuts to lock in place. G. Blocks shall be Clancy 2xC-10855R or equal. H. Attachment, location and quantity as shown in the Drawings and Schedules. 2.03 8-INCH UPRIGHT ROPE SPOT BLOCKS A. Sheaves shall have an outside diameter of at least 8 inches, made of Class 30 gray iron conforming to ASTM specification A-48 OR Nylatron GS. Sheaves shall be grooved for 3/4" rope, with a groove diameter clearance of .031 inch. B. Hubs shall be min. 2" diameter, machine faced, bored for and press-fitted with double sealed precision ball bearing assemblies. Each bearing shall be designed for a dynamic radial loading of at least 1000 pounds at 500 rpm. C. Shafts shall be min. 1/2 inch diameter cold finished steel shafting. One end shall be locked to the side plate by a keeper pin; the other end shall be threaded and drilled for a castellated lock nut and cotter pin. D. Side plates shall be min. 12-gauge cold rolled steel plate. Side plates shall be attached by at least five (5) min. 5/16" bolts through ungrooved pipe spacers sized to space side plates for proper sheave clearance. Locate spacers where appropriate to retain rope in sheave grooves. E. Base angles shall be min. 1-1/4" x 1-1/4" x 3/16", fillet welded to the side plates. F. Paint outer surface of all side plates and base angles safety yellow. G. Provide both steel clips and “J” bolts and all necessary hardware so that spot blocks may be secured to either the loft wells or the gridiron. H. Blocks shall be Clancy 2xR-10855R or equal. Hogg Memorial Auditorium 11-61-33- 7 © 2014 Schuler Shook THEATRE RIGGING, CURTAINS AND TRACKS CP522444
I. Provide total quantity of ten (10). J. Deliver to Owner. 2.04 12-INCH UPRIGHT LOFT BLOCKS – FIRE CURTAIN A. Sheaves shall have an outside diameter of at least 12 inches, made of Class 30 gray iron conforming to ASTM specification A-48. Sheaves shall be grooved for 3/8" wire rope. B. Hubs shall be min. 3-7/8" diameter, machine faced, bored for and fitted with tapered roller bearings. Each bearing shall be designed for a dynamic radial loading of at least 1,500 pounds at 500 rpm. C. Shafts shall be min. 3/4 inch diameter cold finished steel shafting. One end shall be locked to the side plate by a keeper pin; the other end shall be threaded and drilled for a castellated lock nut and cotter pin. Shaft nut shall be factory adjusted to bearing manufacturer's specifications. D. Side plates shall be min. 10 gauge cold rolled steel plate. Side plates shall be attached by at least five (5) min. 3/8" bolts through ungrooved pipe spacers sized to space side plates for proper sheave clearance. Locate spacers where appropriate to retain cables in sheave grooves. E. Base angles shall be min. 2" x 1-1/2" x 1/4", fillet welded to the side plates. F. Locking adjustment shall be high-tensile cast iron angle clip on min. 3/4" threaded rod with two (2) nuts to lock in place. G. Blocks shall be Clancy 3CC-11255R or equal. H. Attachment, location and quantity as shown in the Drawings and Schedules. 2.05 ROPE – SPOT LINES A. All rope shall be braided polyester. Spot lines shall be "Spectrum ShowBraid” by Yale Cordage, Saco, Maine. Color: black. B. All spot line rope shall be 5/8” diameter unless otherwise specified. C. All ends shall be heat sealed to prevent unraveling. D. Provide total quantity of six hundred (600) feet. E. Deliver to Owner. 2.06 STEEL CABLE A. All steel cable shall be certified to meet Federal Standard RR-W-410E or ASTM 1023/A 1023M and to meet the required breaking strength. Imported steel cable will only be accepted if provided by a vendor pre-approved in article 2.01.M above. B. Counterweight set lift lines. 7 x 19 pre-formed galvanized aircraft cable of right regular lay. Cables larger than 3/8" diameter are permitted to be of 6x37 XIPS construction. Minimum breaking strength shall be not less than indicated below:
Cable Diameter Minimum Breaking Strength 3/16” 4,200 lbs. 1/4” 7,000 lbs. 5/16” 9,800 lbs. 3/8” 14,400 lbs. 7/16” 17,600 lbs. 1/2” 22,800 lbs.
C. All wire rope connections shall employ thimbles of the proper size and compressed oval sleeve fittings as manufactured by National Telephone ("Nicopress"). All fittings shall be malleable copper. Aluminum fittings shall not be acceptable. All connections shall be selected and installed to develop the full tensile strength of the cable. Contractor shall maintain and inspect all swaging equipment on a daily basis to ensure the integrity of swaged fittings.
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D. Drop-forged steel cable clips may be used only in specific locations as directed by this Specification, or in locations approved in advance in writing by Schuler Shook or the Owner. Clips shall meet or exceed Federal Specification FF-C-450 and shall produce a termination equal to at least 80% of the breaking strength of the wire rope. The saddles of the clips shall be in contact with the load end of the rope. One clip shall be tight against the thimble to retain the cable in the thimble. Quantity of the clips shall be according to the following:
Cable Diameter Quantity of Clips 3/16” 2 1/4” 2 5/16” 2 3/8” 2 7/16” 2 1/2” 3
E. Sizes and connections per Drawings and Schedules. 2.07 TRIM CHAINS A. Trim chains shall be rated at not less than 1,250 pounds working load limit. B. Trim chains shall be Clancy “AlphaChain,” SECOA “Theatrical Chain (STC),” or equal. Trim chain shall be black. C. Trim chains shall be 36 inches long. One end of each chain shall be attached to the stage end of each lift line. Trim adjustment shall be made with a screw-pin type drop forged shackle rated at not less than 1,500 lbs. breaking strength. Double wrap chain around pipe batten. Shackle pins shall be wired shut or secured with plastic cable ties after installation. D. Quantities and attachment per Drawings. 2.08 SUSPENSION CHAINS – DEAD HUNG PIPES AND CURTAINS A. Suspension chains shall be shall be rated at not less than 1,250 pounds working load limit. B. One end of each chain shall be attached to the beam clamp; the other end shall be attached to a screw-pin type drop forged shackle rated at not less than 1,000 lbs. breaking strength. Double wrap chain around pipe batten. Shackle pins shall be wired shut or secured with plastic cable ties after adjustment. C. Suspension chains shall be Clancy “AlphaChain,” SECOA “Theatrical Chain (STC),” or equal. Suspension chain shall be black. D. Quantities and attachment per Drawings. 2.09 PIPE BATTENS A. Pipe battens shall be nominal 1-1/2" I.D. Schedule 40 black steel pipe, ASTM A-120, stripped and painted with at least one coat of flat black paint. B. Splices shall be close-fitting internal steel sleeves with a wall thickness of not less than 0.1875 inch. Splices shall be min. 24 inches long, bolted through the pipe with two 5/16" bolts and lock nuts on each side of the joint. Bolts shall be placed at right angles to ensure a rigid splice. Expanding or pressure-type splices shall not be acceptable. C. Provide six (6) inch yellow vinyl end caps on both ends of every batten as well as a 1-inch wide painted yellow strip at the center of every batten. Yellow end caps or center marks should be omitted on auditorium battens that are always in public view. D. Paint the lineset number in white 12 inches from both ends of every batten, using stenciled numerals not less than 1" high. Lineset numbers are not required on dead-hung or fixed battens.
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E. Provide flat bar pipe hangers as required to support the offstage ends of stage electric double battens when the plug strip hanger brackets (provided by others) do not extend the full length of the battens. F. Lengths and quantities as per Drawings and Schedules. 2.01 PACKAGED HOIST SYSTEMS – FIXED SPEED A. The system described below is based upon general performance criteria common to the products listed below. No other system shall be considered unless specifically approved by Schuler Shook at least ten (10) days prior to the bid date: 1. Electronic Theatre Controls “Prodigy Pxxxxz”. 2. J. R. Clancy “PowerLift 018-Pxxxxz”. 3. Daktronics “Vortek Classic Hoist”. 4. Equal systems, with prior approval, per specifications. B. Refer to Electrical drawings for winch power disconnect voltage(s), amperage(s) and location(s). Alternate winch power location requirements shall be clearly identified by the Contractor at bid time. All costs related to the relocation of winch power disconnects shall be the responsibility of the Contractor. C. The winch assembly shall be designed to lift and hold the following: 1. Stage electric battens. 2. General purpose scenery and curtains. D. The winch capacities shall be as indicated in the lineset schedule on the drawings. E. The winch shall allow for the following minimum travel: 1. 40’-0”. F. The winch set shall provide a fixed hoisting speed as follows: 1. 20 feet per minute. A fixed speed 10% above or below that rate shall be acceptable. G. Multiconductor Cable Management, for stage electrics and acoustical shells ceilings, shall be a pantograph cable management assembly. The pantograph shall be provided and installed by the rigging contractor. Coordinate cable quantities and sizes with the theatrical lighting contractor. H. Stage electrical plug strips, multiconductor power cable, and data cables shall be provided by the theatrical lighting contractor. I. All cables shall run continuously from the batten to the drum(s) without clewing. Each winch drive unit assembly shall consist of a motor, brake, gear reducer, limit switch assembly, and individual drum for each lift line. All drives shall be direct. J. All winch sets shall be "soft start" and "soft stop.” K. Limit Switches. 1. Provide four mechanical, adjustable limit switches for each winch assembly, as follows: a. Upper limit over-travel backup. b. Upper limit of travel. c. Lower limit of travel. d. Lower limit over-travel backup. 2. Normal travel limit switches, when struck, shall not permit operation of the unit, except in the direction away from the limit switch. Over-travel limit switches, when struck, shall de- energize the motor, and shall not permit travel in any direction until specifically reset at the limit switch enclosure or with an ultimate by-pass key switch. 3. Unless otherwise noted, the lower limit of travel (low trim) shall be 4'-0" above stage floor and upper limit of travel (high trim) shall be the maximum attainable. L. Load Monitoring. 1. Each winch system shall include an integral load cell for monitoring of overload and underload conditions. Hogg Memorial Auditorium 11-61-33- 10 © 2014 Schuler Shook THEATRE RIGGING, CURTAINS AND TRACKS CP522444
2. A pre-programmed weight increase or decrease shall stop the winch and display the fault condition to the rigging system operator. The operator shall have the option of accepting the load change and continuing the winch movement or cue. 3. The load monitoring software shall consider lift line cable weight and not create a fault condition due to cable weight changes. 4. The rigging system operator shall have the ability to temporarily override load monitoring when a batten is being loaded or unloaded during work sessions. When loading or unloading is complete, the load monitoring system shall automatically update the weight of that batten for future load monitor calculations. 5. The load monitoring system shall stop the winch if the rated capacity is exceeded. In this condition, it shall only be possible to lower the batten to the low trim. The batten shall not be raised or operated at faster speeds until the excess weight is removed and the system load is within the rated capacity. M. Provide all required supplemental structure and mounting hardware. Identify all supplemental structure and attachment methods in the shop drawings. N. Provide and install all necessary enclosures and safety barriers to prevent injury to performers or technicians. Provide and install barriers at stage level to prevent access to moving sheaves, drums, cables, drive chains, counterweight arbors or other equipment. All enclosures or safety barriers shall be easily removed and replaced as necessary for equipment service. O. Provide and install all necessary controllers, connection boxes, and device interfaces as indicated on the drawings.. P. Devices provided and installed by the theatrical rigging contractor. Q. All required power disconnects, feeds, wire and conduit provided and installed by Division 26. All power and control connections by Division 26. R. Install as shown in the Drawings. 2.02 PACKAGED HOIST SYSTEMS CONTROL SYSTEM A. The system described below is based upon general performance criteria common to the products listed below. No other system shall be considered unless specifically approved by Schuler Shook at least ten (10) days prior to the bid date: 1. Electronic Theatre Controls “QuickTouch+.” 2. J.R. Clancy “SureTarget 10” with expanded control capacity. 3. Daktronics “E Series.” 4. Equal system, with prior approval, per specifications. B. The control system shall be designed for the safe and reliable control of for a minimum of twelve (12) automated rigging hoists or linesets. C. Physical requirements: 1. The control system shall have an emergency stop “E-STOP” circuit that shall place the system into a “safe-state” condition and remove power to all hoists / axes controlled by the system. E-STOP buttons shall be located at the control console and in remote locations as indicated in the drawings. E-STOP buttons shall be configured as follows: a. Buttons shall be red mushroom style, minimum 1.6 inch diameter. b. Buttons shall be internally illuminated when in E-STOP condition. c. Buttons shall employ turn release mechanism. d. All remote or portable buttons shall include switch guard, minimum 2 inch diameter, to prevent nuisance activation of E-STOP buttons. Switch guard is not required at control console. e. Label: Rigging Control Emergency Stop. 2. The control system shall have “ON/OFF” key switch to prevent unauthorized use. Key switch position shall never disable E-STOP operation. Deliver six (6) keys to Employer (Owner).
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3. The control console shall have an integrated “dead man switch” that requires the presence of an operator to physically hold a momentary switch for the duration of any automated rigging movements. Release of the “dead man switch” shall immediately stop all movements and cue sequences. Systems that allow hoists / axes to operate without an operator actively present shall not be acceptable. a. Touchscreen “Push-to-Run” operation shall not be accepted for “dead man” operation. 4. The control console shall include one (1) integrated touch screen for display and selection of cue lists and hoists / axes. 5. The control console shall include integrated “Up”, “Down”, and “Go” buttons or macro buttons that may be assigned these functions. 6. The control console shall include joystick control for dynamic up / down or rate control of selected hoists / axes. 7. The control system shall run on industrial computer components and shall be embedded in non-volatile memory. 8. All programming and cueing shall be recordable to backup media. 9. The control system shall include a UPS power supply for operation of the control console for a period of ten (10) minutes in the event of power loss. 10. The control console shall be wall mounted. D. Operational requirements: 1. The control system shall provide English language support for all physical button and receptacle labels, video displays, and operation manuals. Owner training may be provided in English. 2. The control system shall include a graphical user interface (GUI) for ease of use and clear understanding of system operation. The control system shall provide a graphical representation of programmed moves. The system shall allow for the representation of the stage and generic scenic elements. The control system shall provide a visual status of motor operating and fault conditions. 3. The control system shall have multiple password protected access levels for maintenance (least access), operator, supervisor, and installer (greatest access). 4. The operator shall be able to create, store, modify and delete cues and preset positions as a combination of simple up/down movements, preset position targets, speed, time, acceleration, and deceleration. 5. The operator shall be able to group hoists / axes for synchronized operation. 6. The operator shall be able to dynamically override the speed of a running cue during execution. 7. The operator shall be able to link cues for concurrent or consecutive operation. 8. The control system shall allow for the playback of a minimum of one independent cues simultaneously. 9. The control system shall allow soft load and trim limits to be set by the operator. Soft load and trim limits shall only be permitted within the maximum limits set by the system manufacturer. 10. The control system shall have inherent interlocks and rules-based interlocking to prevent system component conflicts. E. Provide hand-held remote control that includes integrated E-STOP button and “dead man” switch. Hand-held remote control shall allow the selection and basic up / down operation of hoists / axes as well as the selection and execution of cues programmed on the primary console. Hand-held remote shall allow full operation of a completed show program in the event of a primary console failure. Provide one (1) 50’-0” control cable with locking connectors for connecting the hand-held remote to Automation Control Panels. Wireless remote control devices shall not be acceptable. Hand-held remote shall be one of the following: 1. Electronic Theatre Controls “Remote Control.”
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2. J.R. Clancy #050-SCP. 3. Daktronics “E Series Remote.” 4. Equal system, with prior approval, per specifications. F. Provide all required control racks and mounting hardware. G. Devices provided and installed by the Rigging Equipment Manufacturer. H. All required power disconnects, feeds, wire and conduit provided and installed by Division 26. All power and control connections by Division 26. I. Field coordination final installation location with Theatre Consultant, prior to installation. 2.03 FIRE CURTAIN ASSEMBLY – LINESHAFT WINCH A. Curtain. 1. Curtain fabric shall comply with NFPA 101 and all local fire codes for thermal conductivity, air pressure resistance, strength and durability requirements. Subject to the above requirements, the curtain fabric shall be 100% glass yarn, nickel wire-inserted, min. 38 oz. per square yard as follows: a. Zetex Plus #1200 W/W, Newtex Industries, Victor, NY. b. Thermo-Spec #44-WFCC, Thermotex Industries, Greenville, SC. c. Palmtex #3140, W. E. Palmer Company, Boston, MA. 2. Fabric shall be sewn into a single panel, size per Drawings, using vertical lap seams, double stitched using Kevlar thread. Side hems shall be 6 inch and reinforced front and back with continuous strips min. 6" O.C. Top hem shall be 6 inch and contain a nominal 2” I.D. black steel pipe, ASTM A53/A Strong (Schedule 40) with riveted internal pipe sleeves, 18” long. Bottom hem shall be 12 inch and contain a nominal 2-1/2" I.D. black steel pipe, ASTM A53/A Strong (Schedule 40) with riveted internal pipe sleeves, 18” long. 3. A minimum 3 inch thick, 3 lbs. per cubic foot density, flameproof yield pad shall be sewn to the curtain under the bottom pipe pocket with four rows of flame resistant thread (two rows on each side of the pocket). Yield pad shall compress to seal the bottom of the curtain tight against the passage of smoke. The bottom of the yield pad shall be painted flat black. 4. Lift line attachment to top batten shall be made with two-piece pipe clamps made of minimum 12 gauge steel with corners rounded and entire assembly deburred. Clamps shall attach to the batten using two minimum 3/8” Grade 5 bolts, one under the batten and one over the batten, with the lift cable securely attached using a thimble and three forged wire clips or one swaged fitting. No method of attachment shall require cutting the curtain fabric and leaving exposed cut edges. 5. If necessary to prevent the passage of smoke and light through the weave, curtain shall be completely painted or coated. B. Line Shaft Winch. 1. The fire curtain shall operate on a new motorized line shaft winch, weight capacity as required for this installation. All cables shall run continuously from the batten to the drums without clewing. The winch drive unit assembly shall consist of a gear motor assembly with brake, limit switch assembly, and individual drum for each lift line. All drives shall be direct. 2. Drums. a. Drums shall be machined from ASTM A48-83 Class 30 gray iron castings having a minimum tensile strength of 30,000 psi and a Brinell Hardness of at least 187. b. Drums shall be closely supported by flanged bearings. c. Drums shall be properly grooved to accept a single layer of cable with a minimum pitch diameter of 32 times the cable diameter. d. Drums shall be machine grooved for 1/4" wire rope. e. Drums shall have sufficient cable capacity in one layer for maximum travel plus three (3) dead wraps.
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f. One hole shall be drilled through the root of the groove for the cable end. This hole shall have an axis that, in section, is angled 45 degrees from a radial line drawn from the shaft to the center of the hole. Hole shall be large enough to allow a swaged stop sleeve to pass through. g. Adjustable steel rollers shall be provided to prevent cable from jumping out of grooves. These rollers shall be adjusted so that they do not bear on the cable when the cable is correctly seated in the groove. These rollers shall be supported at both ends by precision ball bearings. 3. Gear Motor Assembly. a. The motorized unit shall have a combination high efficiency gear box with an integral motor and brake. Gear motor assembly shall be properly sized for the application. Motor and brake combinations shall be flange mounted directly to the gearbox, all mounted on a heavy channel base. b. Gear case shall be enclosed in high-strength gray cast iron housings for protection against shock damage with precisely located gear set bearing supports. Each housing shall have sufficient capacity for lubricant, and surface area for adequate heat dissipation. The shafts shall be protected by double lip oil seals to prevent leaks. c. The motor shall have a AGMA service factor of 1.0 for continuous operation and gearing service factor shall be a minimum of 1.0 with a mechanical strength factor of 1.3. d. The brake shall be direct acting AC/DC electro-magnetic with a manual release and a minimum retarding torque equal to 200% of motor full load toque. The brake shall be released by energizing the DC coil simultaneously with the motor winding to provide fail safe braking in case of power failure. e. Each motor shall include an electrical junction box and disconnect switch with terminals of sufficient size and properly labeled, for all external connections. f. Motors shall be equipped with double sealed ball or roller bearings. g. Gear motor and brake assembly shall be manufactured by SEW-Eurodrive. 4. Hydraulic Descent Governor. a. The descent speed of the fire safety curtain in emergency release operation shall be governed by a closed loop hydraulic system. A hydraulic pump shall be directly coupled to the motor shaft. b. The output of the pump shall be piped to the input with a valve for governing flow. There shall be an electrically operated bypass valve for shunting flow around the governing valve for non emergency motorized operation. The bypass valve shall be actuated with the motor brake. c. Emergency activation shall use the manual release operation of the motor brake. A weight shall release the motor brake. Weight shall be held by the emergency release line. 5. Limit Switches. a. Each winch shall have one or more mechanical, rotary type limit switch assembly as manufactured by General Electric or equal, and chain driven from the winch drums. b. Limit switches shall be of the rotary type, connected by steel drive chain to the shaft. The input shaft and drive chain shall be fully guarded, and the sprockets shall be keyed to the shafts. c. Each limit switch shall include a gear-driven, ball bearing supported cam shaft and associated precision, snap-action type contact mechanism. d. The assembly shall have four independently adjustable switch settings. Provide four adjustable limit switches as follows: Upper limit over-travel backup. Upper limit of travel. Lower limit of travel.
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Lower limit over-travel backup. e. Normal travel limit switches, when struck, shall not permit operation of the unit, except in the direction away from the limit switch. Over-travel limit switches, when struck, shall de- energize the motor, and shall not permit travel in any direction until specifically reset at the limit switch enclosure or with an ultimate by-pass key switch located at the gridiron. f. Lower limit of travel (low trim) shall be the fire curtain “in” trim and upper limit of travel (high trim) shall be the maximum attainable within the smoke pocket. 6. Motor Control Starter. a. Each motor shall be provided with a magnetically operated, mechanically and electrically interlocked, reversing motor starter. Starter shall be sized to match the motor horsepower and rated for intermittent duty. Each motor shall include a thermal overload relay, sized to trip at 115% to 120% of "full load amps" as stamped on the motor name plate. b. The winch machine shall have a fully wired and factory tested motor control starter built to UL standard 508. c. Enclosure shall be NEMA 12 with hinged, latching cover. d. The NEMA/IEC magnetically operated mechanically and electronically interlocked, reversing starter shall be sized to match the winch horsepower and shall be rated for plugging and jogging. e. An IEC Class metallic thermal overload relay shall be provided and sized to trip at 115% to 120% of “Full Load AMPS” as stamped on the winch motor name plate. f. Three phase fusing for the primary motor protection shall be compliant with the UL 198C guidelines. g. Provide a 24 volt control circuit transformer rated not less than 50 VA with properly sized primary and secondary fusing. h. Properly labeled, screw clamp terminals shall be provided for all field connections, including limit switches and other peripheral devices. i. Starter shall incorporate a three phase disconnect with cover mounted operator. j. The face of the starter cabinet shall contain: One (1) ON / OFF key switch. Provide six (6) keys. This key switch does not impact the operation of the remote control panel. One set of two (2) momentary contact push-button switches labeled UP and DOWN. One (1) EMERGENCY STOP push-button mushroom switch. Color: Red. 7. Control Panel. a. The winch control panel shall be surface wall mounted, deadfront, and completely wired internally with terminals of the proper rating and clearly labeled for all external connections. Finish shall be baked enamel. Color: Flat black. b. The face of the control panel shall contain: One (1) ON / OFF key switch. Provide six (6) keys. This key switch does not impact the operation of the starter cabinet control panel. One set of two (2) momentary contact push-button switches labeled UP and DOWN. One (1) EMERGENCY STOP push-button mushroom switch. Color: Red. c. Install control panel at stage level, field coordinate location with Theatre Consultant, prior to installation. C. Smoke seal. 1. Smoke seal shall be approximately 3” diameter and filled with fiberglass insulation or other noncombustible materials to a density of not less than 3 lbs. per cubic foot. Smoke seal fabric shall be: a. Zetex Plus #1200, Newtex Industries, Victor, NY.
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b. Thermo-Spec #37-FCC, Thermotex Industries, Greenville, SC. c. Palmtex #3035, W. E. Palmer Company, Boston, MA. 2. Smoke seal shall be attached to the upstage side of the proscenium wall, above the proscenium opening. The smoke seal shall be located so that it is not visible to the audience. The smoke seal shall contact with the curtain’s top batten pocket and compress against it when the curtain is in its deployed position to make as smoke-tight a seal as practical. D. Safety chains. 1. Safety chains shall be min. 1/4” grade 40 proof steel chain, rated at not less than 1,250 pounds working load limit, securely fastened to the curtain’s top batten. 2. Provide safety chains numbering one (1) greater than the number of curtain lift lines. E. Smoke pocket. 1. Smoke pocket shall be of all steel construction using min. 1/4" thick members, with bolted assembly and connections, as indicated in the Drawings. 2. Paint all exposed surfaces with one coat of rust-inhibiting primer and one coat of enamel, color: black. 3. The existing smoke pocket may be reused and modified if required. F. Guide track. 1. Guide track shall be heavy-duty channel type track, approximately 3" x 3" 14 ga. galvanized steel, entirely enclosed except for a slot to accept the roller guides. Splices shall be flush and positively aligned. 2. Tru-Roll 1000 or equal. 3. Guide track shall be attached to the inside of the smoke pocket and shall permit uninhibited movement of the fire curtain for the full height of travel. G. Roller guides. 1. Roller guides shall utilize fire retardant fiber wheels with 3/8" axles and steel ball bearings. Guide body shall be cast iron, and strap shall be 3/16" x 1/4" steel. 2. Tru-Roll 5500 or equal. 3. Bolt to curtain side hem 18" O.C. for full height of curtain. H. Release system. 1. Release system shall be designed and installed to lower the curtain automatically or by manual trip from either side of the proscenium opening. When released, the curtain shall lower to the floor within 30 seconds, taking no more than 10 seconds to drop the final six (6) feet. It shall be possible to manually lower and raise the curtain without engaging the trip system. 2. The components of the release system shall include, but not limited to, the following: a. Release line: Minimum 1/4” 7x19 preformed galvanized wire rope. b. Release boxes: Hinge and lever release devices, JR Clancy #016-14L “Release Lever” and #016-14EX “Release Enclosure” or equals. Locate release boxes so that they are not concealed by the proscenium curtain. c. Signage: One sign mounted within 2’-0” of each release box. Sheet metal, painted white with red letters not less than 1 inch high: “IN CASE OF FIRE LIFT RED LEVER TO LOWER FIRE CURTAIN” d. Fusible links: Designed to separate automatically when ambient temperature reaches 165 degrees Fahrenheit. Fusible links shall be located every 15’-0” on the release line. The release line shall be located within 1’-0” of the roof structure or ceiling. e. Electro-mechanical release system to allow automatic operation when a fire is detected on stage only, all required connections to the fire protection system provided by others. JR Clancy #016-970 “Sure Guard II” or equal. 3. All other components of the fire protection system; including heat detectors, interface panels and all related installation and wiring; are NOT included in this scope of work. Stage must be Hogg Memorial Auditorium 11-61-33- 16 © 2014 Schuler Shook THEATRE RIGGING, CURTAINS AND TRACKS CP522444
zoned separately from auditorium and remainder of building so that fire curtain is only activated by heat detectors on stage. Fire protection engineering and code compliance to be provided by others. I. Maintenance and non-emergency operation. 1. The curtain shall be designed to operate (open and close) in non-emergency situations. 2. Such operation shall be easily accomplished by one person from the stage floor or other approved location and shall not disable or impair the system for emergency operation. 3. Such operation shall not require resetting of the emergency operation system. J. Code compliance. 1. In addition to the above requirements, the design, construction, and installation of the fire curtain and its associated support shall meet or exceed the requirements of applicable State of Texas building and fire codes and regulations. 2. Secure approval of local authorities before submitting shop drawings. 3. Completed installation must be accepted by local authorities before final approval by Schuler Shook. K. Device provided and installed by the Stage Rigging Contractor. L. All required power disconnects, feeds, wire and conduit provided and installed by the Electrical Contractor. All power and control connections by the Electrical Contractor. M. Install as shown in the Drawings. 2.04 TRACKS A. Tracks shall be of the heavy-duty channel type, approximately 3" x 3", 12 gauge aluminum, entirely enclosed except for slot in bottom. Automatic Devices Company 383-N series, or approved equal. B. Each half of every track shall be one continuous piece, except where splicing clamps are required. Splicing clamps shall provide a flush, positive alignment of track sections. ADC 2824-BL, or approved equal. C. Tracks shall be supported at both ends, at the center of the overlap, and no more than 6'-0" O.C. in between, using hanging clamp ADC 2808-BL, or approved equal. Attach to pipe battens using clamp for 1-1/2" I.D. pipe, ADC 2815, or approved equal. D. Carriers shall be constructed of steel bodies with a "hollow center" design to contain operating line, with nylon tired ball bearing wheels and 6" trim chains on plated swivels. ADC 2851-BL (single) and 2852-BL (master), or approved equal. E. All tracks shall be provided with rear fold devices to stack curtain only at offstage track ends. Rubber washers shall be placed on both sides of each rear fold tab. ADC 2833-A-BL, or approved equal. F. Operating line shall be 1/2" braided cotton with a fiberglass center, ADC 2830, or approved equal. G. Live end pulleys shall contain two (2) 8” diameter Nylatron sheaves on ball bearings. Dead end pulleys shall contain a single 8” diameter Nylatron sheave on ball bearings. ADC 2863-A (live) and 2864-A (dead), or approved equal. Pulleys shall be located to minimize interference with neighboring linesets. Dead end pulleys shall be installed at a 45-degree angle from horizontal. H. Floor pulleys shall contain an 8-inch diameter Nylatron sheave on ball bearings. The floor pulleys shall be weighted with a sandbag, ADC FSBTP-8, or approved equal. [OR] The floor pulleys shall be securely anchored to the stage floor, ADC 2866-A, or approved equal. I. All pulleys shall provide for positive retention of the operating line. J. All tracks and associated hardware shall be flat black. K. Quantities, sizes, and locations as indicated on the Drawings and Schedules. 2.05 CURTAINS A. Fabrics.
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1. All fabrics not inherently flameproof shall be fully mill flameproofed by the immersion process to meet or exceed the minimum requirements set forth by the State of California "Small Scale 701." The Contractor shall submit certificates so stating. 2. All fabrics shall be produced from one dye lot per color. Color quality shall be consistent throughout, with no visible streaking, striping, or spotting. 3. Velour. 100% polyester velour, 54 inches wide. KM Fabrics “Charisma” or approved equal. Inherently flame retardant (IFR). Colors and weights as indicated in the Schedule of Curtains and Tracks. 4. Backdrop. 100% cotton canvas, seamless. Scenicsource Fabrics “Scenic Canvas #6014” or approved equal. Flameproofed. B. Fabrication. 1. General. a. All pile fabrics shall have pile running up unless otherwise indicated. The main drape and main valence curtains shall have pile running down. b. All fabric widths shall run full height, with no vertical piecing. c. Thread colors shall match face fabric. d. The center of every curtain shall be indicated by a 1/2"-wide fabric strip sewn to the back of the webbing. e. Every curtain shall include a permanent label sewn to the back of the off-stage end at the top of the curtain. This label shall indicate fabric, color, finished size, and date of flameproofing OR inherently flame retardant characteristics. f. Every curtain shall include a minimum 4-inch wide by 12-inch long “test strip” of the curtain material sewn adjacent to the permanent label. The test strip shall be used for periodic confirmation of the flame retardant status. g. Sizes and quantities as shown on the Drawings and Schedules. 2. Traveler curtains. a. Top hem shall be double turned and reinforced with continuous 3-1/2" heavy jute webbing. Fullness shall be sewn into the curtain by means of box pleats 12 inches O.C. Two No. 2 brass grommets shall be provided at each top corner of each finished panel and one grommet shall be provided at the center of each box pleat along the top hem. b. Bottom hem shall be 6 inch double turned and contain a continuous No. 6 plated jack chain held in a separate muslin pocket 4 inches above bottom of curtain and tacked at each vertical seam to prevent bunching. A dust ruffle of the face fabric shall be sewn at the back of the bottom hem and shall be exposed 2 inches below the bottom hem. c. Vertical hems shall be faced back with one-half width of face fabric and hand tacked full height. d. One heavy duty 1-1/2" S-hook shall be provided for each grommet for attachment to track. 3. Leg curtains. a. Top hem shall be double turned and reinforced with continuous 3-1/2" heavy jute webbing. One No. 2 brass grommet shall be provided at each top corner of each finished panel and 12 inches O.C. along the top hem. b. Bottom hem shall be 6 inch double turned and contain a continuous No. 6 plated jack chain held in a separate muslin pocket 4 inches above bottom of curtain and tacked at each vertical seam to prevent bunching. c. Vertical hems shall be 4 inch double turned. d. One tie line shall be provided for each grommet. Tie lines shall be braided cotton, black in color, and 36 inches long. 4. Border curtains.
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a. Top hem shall be double turned and reinforced with continuous 3-1/2" heavy jute webbing. One No. 2 brass grommet shall be provided at each top corner of each finished panel and 12 inches O.C. along the top hem. b. Bottom hem shall be 6 inch double turned. c. Vertical hems shall be 4 inch double turned. d. One tie line shall be provided for each grommet. Tie lines shall be braided cotton, black in color, and 36 inches long. 5. Backdrop. a. If scheduled or specified above as seamless, no seams shall be accepted. If not scheduled or specified above as seamless, all seams shall be vertical. b. Top hem shall be double turned and reinforced with continuous 3-1/2" heavy jute webbing. One No. 2 brass grommet shall be provided at each top corner of each finished panel and 12 inches O.C. along the top hem. c. Bottom hem shall be 6 inch double turned and contain a separate heavy cotton duck pipe pocket that shall hold the pipe 2 inches above the bottom of the curtain. Openings shall be provided every 10'-0" along the back of the bottom hem and pipe pocket to facilitate the coupling of pipe sections. Provide 3/4" I.D. schedule 40 black steel pipe in 10'-0" sections with internal sleeve couplings; lengths as necessary to run full width of curtain. d. Vertical hems shall be double turned and reinforced with 2" jute webbing. e. One tie line shall be provided for each grommet. Tie lines shall be braided cotton, black in color, and 36 inches long. C. Provide and deliver to Owner one (1) dustproof canvas storage bag for each curtain. Label each bag, in painted letters not less than 1-1/2" high, with the color, fabric, type, and size of the curtain contained. D. Fabricate and install as shown on the Drawings and Schedules.
PART 3- EXECUTION
3.01 FABRICATION A. This Contractor is responsible for becoming familiar with and verifying all pertinent dimensions and conditions, both in the Drawings and in the field, before proceeding with any work. B. Coordinate the design, planning, and scheduling of the work of this Section with the work of all other trades. Notify the Architect of any difficulties in coordinating work with other contractors. Failure to do so shall constitute acceptance of construction as suitable in all ways to receive the work of this Section. C. All electrical components shall be fully assembled and internally wired, with terminals of the proper rating and clearly labeled, provided for external feeder and control wiring. D. All metal fabricated items shall be given at least one coat of primer and one coat of finish paint. Color: black. E. Where specifically called out in the Drawings and Specifications, tracks and fittings shall be painted or anodized black. F. All equipment shall be fabricated and installed to facilitate maintenance and future replacement. G. Machinery and equipment supplied under this Section shall be designed, constructed, and installed so that sound pressure levels measured at a distance of 5'-0" shall not exceed the standard NC 30 noise criteria as set forth in the current American Society of Heating, Refrigeration, and Air Conditioning Engineers Guide. 3.02 INSTALLATION A. Contractor shall employ only experienced stage riggers for the installation of work of this Section. A competent supervisor shall be maintained on this Project during the entire installation. A change of supervisor shall not be acceptable unless by written authorization of the Architect.
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B. Coordinate installation with all other trades doing adjoining work. C. Examine all existing conditions at the job site prior to beginning installation. D. Provide protection for all stage flooring, regardless of whether flooring has been stained or sealed. Flooring shall be protected from both structural damage and cosmetic damage. E. Provide and install all supplementary structural support as required for the installation and safe operation of equipment and materials supplied under this Section. F. Do all required cutting, drilling, tapping, and welding necessary for proper installation. Cut no structural members unless specifically shown in the Drawings or indicated in the Contractor's shop drawings, or unless written approval is obtained from the Architect. G. Install all items in conformity with standard trade practices and manufacturers' recommendations. Position all items accurately and true to plumb line and level. Maintain maximum headroom and clearances at all locations. H. Ropes and cables shall enter rigging blocks and drums at a fleet angle not exceeding +2 degrees. I. Steel cables shall be cut just above cable clips or swaged fittings. All cable ends shall be sealed with a bead of heavy-duty silicone adhesive. J. All turnbuckles shall be wired shut after adjustment. All and screw-pin shackles shall be wired shut or secured with plastic cable ties after adjustment. K. Install all electrical plugging strips associated with rigging linesets, with the exception of multi- conductor cable physical and electrical connections. All plugging strip electrical connections and multi-conductor cable shall be provided and installed by the Division 26 Electrical Contractor. L. Install all winches, winch motor starter panels, and winch control panels with the exception of the electrical power and control connections between devices. All winch power feeds, disconnects, conduit and wire shall be provided and installed by the Division 26 Electrical Contractor. M. Advise the Division 26 Electrical Contractor as required on the installation of electrical equipment related to the work of this Section. N. No curtains shall be installed until construction and painting are complete and the building has been cleaned. Any curtains delivered to the job site prior to their installation shall be stored in a clean area in dustproof bags. O. After the first rigging lineset has been fully installed contractor shall report to Schuler Shook, recording the top and bottom batten trim heights, before proceeding with the remainder of the linesets. 3.03 PROTECTION AND CLEANING A. Provide protection for any theatre rigging equipment, panels and faceplates installed prior to the completion of construction and painting. Remove any debris or paint from equipment that was not adequately protected. Panels and faceplates not appearing “like new” shall be replaced. B. No curtains or rigging accessories shall be installed until construction and painting are complete and the building has been cleaned. Any curtains or accessories delivered to the job site prior to their installation shall be stored in a clean area in dustproof bags. C. Upon the completion of the work of this Section, dispose of all packing materials, debris and remnants which result from the work of this Section.
END OF SECTION
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SECTION 12 61 00
FIXED AUDIENCE SEATING RESTORATION
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: 1. Restoration of approximately 818 existing theater seats in Main Auditorium to fully functional condition, including removal and reinstallation [Alternate No. 8]. The scope of work generally includes the following: a. Replace existing wood seat back with new padding and upholstery; b. Restore existing seat hinges to fully functioning condition, replace missing and damaged components as necessary. c. Restore existing metal seats, provide new padding and upholstery; d. Restore existing scrolled wood armrests at aisle seats, replace remaining; e. Replace wood tablets and accessory components 100% with the exception of tablets fastened to end standards. These shall be restored. f. Provide low-voltage aisle lights at existing aisle standards that currently have lights. Remove existing copper shades and replace with cast metal “Longhorn” shade to match original shade. Provide cast metal “Longhorn” shade at remaining aisle standards. Install with tamper resistant fasteners. An original shade will be provided to the contractor for use as a model for replication. g. Seating scheduled to be restored shall be removed and restored off-site. Tag each seat with a unique number and mark on seating plan so that seats can be reinstalled in their original location. Reuse existing anchors, allow for 5% replacement of total quantity. h. Strip existing paint 100% and repaint to matching historic color scheme. Stencil new seat numbers on seat backs and row designation on end standards. i. Approximately 15 full and partial seats will be provided to the Contractor for their use to restore the seating. Remaining components not used as part of the project shall be inventoried, packaged, labeled, and stored on campus as directed by the Owner.
B. Related Sections: 1. Division 1: Administrative, procedural, and temporary work requirements. 2. Section 01 23 00 – Alternates for all work indicated in Section 12 61 00 – Fixed Audience Seating Restoration. 3. Section 26 51 00 – Interior and Exterior Lighting for aisle lights at seating standards.
1.2 SUBMITTALS
A. Product Data: For each type of product proposed for use in restoring seating.
B. Samples: For each type of exposed finish required, prepare on samples of size indicated below and of same thickness and material indicated for the Work. If finishes involve normal color and texture variations, include sample sets showing the full range of variations expected. 1. Wood and Plywood Materials with specified finish, min. 6-inch square. 2. Wood armrest with specified finish, full size. 3. Fabric for seat and seat back. 4. Cast metal “Longhorn” shade, full size. 5. Metal tag stamped with unique number and attachment device.
Hogg Memorial Auditorium 12 61 00-1 ARCHITEXAS Fixed Audience Seating Restoration CP522444
C. Shop Drawings: 1. Existing Seating Layout: Prior to the start of work provide an existing seating layout, keyed to unique number attached to each seat prior to removal so that each seat can be reinstalled in original location. 2. Proposed Seating Layout: Show existing seating layout with proposed row lettering and chair numbering scheme.
D. Maintenance Data: Precautions for cleaning materials and methods that could be detrimental to seating finishes and performance.
1.3 QUALITY ASSURANCE
A. Restorer/Installer Qualifications: 1. Minimum 5 years experience in work of this Section. 2. Successful completion of at least two projects of similar size and complexity within past 3 years.
B. Mock-ups: Provide one fully restored seat to verify selections made under sample submittals and to demonstrate aesthetic effects and qualities of materials and execution. Mock-up shall include replication of multi-color decorative painting at aisle standard. 1. The contractor is responsible for obtaining the services of a qualified paint conservator to replicate the multi-color decorative paint scheme at the aisle standards to match the historic paint scheme. Following approval of the mock-up, the conservator shall submit written documentation outlining their procedures and techniques for replicating the decorative painting including, paint colors, and finishes. The conservator shall work with the seating restoration firm to ensure that the rest of the work matches the approved mock-up. 2. Obtain Architect’s approval of mock-up prior to proceeding with the Work. 3. Retain accepted mock-up in undisturbed condition as a standard for judging completed Work.
1.4 PROJECT CONDITIONS
A. Environmental Limitations: Do not install seating until space is enclosed and weatherproof; wet work in space is complete and dry; finishes, including painting, are complete; and work above ceilings is complete. Do not install seating until ambient temperature and humidity conditions are continuously maintained at the levels anticipated for final occupancy.
B. Field Measurements: Verify seating layout by field measurements before seating removal and indicate measurements on Shop Drawings. Coordinate restoration schedule with construction progress to avoid delaying the Work.
1.5 EXTRA MATERIALS
A. Furnish extra materials described below, before installation begins, that are from the same production run and match products installed. Package extra materials with protective coverings for storage and identify with labels describing contents. Deliver extra materials to Owner. 1. Wood seat backs, upholstered with approved finish: Ten (10). 2. Metal seats, upholstered with approved finish: Ten (10). 3. Wood armrests with approved finish: Twenty-five (25). 4. Wood tablet arms with approved finish: Ten (10). 5. Cast metal “Longhorn” shade with approved finish: One Hundred and Fifty (150).
Hogg Memorial Auditorium 12 61 00-2 ARCHITEXAS Fixed Audience Seating Restoration CP522444
PART 2 - PRODUCT
2.1 MATERIALS, GENERAL
A. Upholstery Fabric Source Limitations: Obtain fabric of a single dye lot for each color and pattern of fabric required.
B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application.
C. Cast Iron: ASTM A 48, Class 25, gray iron castings free of blow holes and hot checks with parting lines ground smooth, and finished as indicated.
D. Exposed Plywood: HPVA HP-1, Face Grade A, hardwood veneer core with color-matched hardwood- veneer faces.
2.2 FIXED AUDIENCE SEATING
A. Chair Mounting Standards: Floor attached of the following materials: 1. Material: Cast iron.
B. End Panels: Cast iron with design.
C. Fabric Upholstered Chairs: 1. Back: a. Padding Thickness: 1 1/4 inches. b. Outer Back Surface: Hardwood-veneer plywood with exposed fasteners to match existing. c. Top Corners: Rounded to match existing. 2. Seat: One part, fully upholstered construction and as follows: a. Top Padding Thickness: Minimum 4 inches. b. Seat Bottom: Steel sheet seat pan, fabric upholstered. (Note, the existing seat panels contain serpentine spring suspension. Padding may be installed around or without the spring suspension as determine by approved mock-up).
D. Back Pitch: Fixed.
E. Armrests: Solid hardwood matching existing in dimensions, profile, wood species, graining, and finish with concealed fasteners.
F. Tablet Arms: Plywood with hardwood veneer, foldaway, to match size, shape, and finish of existing.
G. Patching Material: Solvent-based, stainable wood filler for filling nail holes, dents, chips, and cracks in furniture without shrinkage, cracking, or crumbling. 1. Product: Famowood Wood Filler, solvent-based, as manufactured by Eclectic Products Inc., Pineville, LA or approved equal.
H. Fasteners: Type and size as required by conditions of use.
I. Lights: Refer to Electrical Section 26 51 00 – Interior and Exterior Lighting.
J. Decorative Light Covers: Custom cast iron or cast aluminum shades to match existing.
Hogg Memorial Auditorium 12 61 00-3 ARCHITEXAS Fixed Audience Seating Restoration CP522444
2.3 FABRIC
A. Fabric: Class 1, 100 percent polyester with flame-retardant treatment. 1. Product: Samba Otra Vez, color: Sage, as manufactured by Designtex
PART 3 - EXECUTION
3.1 EXAMINATION
A. Carefully remove and transport existing seating indicated for repair and restoration. Protect against damage.
3.2 INSTALLATION
A. Deliver and re-install furnishings after completion of work in the building that could cause damage or soiling. Install at locations as indicated in approved Shop Drawings. 1. Make any repairs necessary resulting from warping, checking, shipping, assembly, and other storage and/or installation efforts.
B. Install seating as indicated in approved shop drawings. Fastened securely to substrate according to Restorer’s written installation instructions.
C. Install seating so moving components operate smoothly and quietly.
3.3 ADJUSTING
A. Repair minor abrasions and imperfections in finishes with coating that matches factory-applied finish.
3.4 CLEANING AND PROTECTION
A. Clean exposed and semi-exposed surfaces. Touch-up and sand only as required to restore damaged, abraded, or soiled areas.
3.5 FURNITURE RESTORATION SCHEDULE
A. The seating restoration drawings indicate only major areas of restoration. The contractor is responsible for complete restoration of each piece of seating indicated in the drawings as required to provide a complete, fully functional and finished product.
END OF SECTION
Hogg Memorial Auditorium 12 61 00-4 ARCHITEXAS Fixed Audience Seating Restoration CP522444