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8692 Project Manual PROJECT MANUAL FOR THE CONSTRUCTION OF HVAC Upgrades City of Denton Fleet Services Proposal #8692 Gerard Hudspeth Sara Hensley Mayor City Manager Tom Gramer Facilities and Fleet Director Prepared for The City of Denton 2024 Nelson+Morgan Architects, Inc. Kelly Morgan, Architect, Reg # 18097 This page intentionally left blank 00.01.02 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Project Information HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 00.01.02 PROJECT INFORMATION PART 1 GENERAL 1.01 PROJECT IDENTIFICATION A.Project Name: DFLX HVAC 804 Texas St Denton,Texas 76201. B.The Owner,hereinafter referred to as City of Denton C.Owner's Project Manager: Nelson +Morgan Architects,Inc.. 1.02 PROJECT DESCRIPTION A.Summary Project Description:Construction consists of installing new HVAC systems &Exterior upgrades and renovations to the exterior current City of Denton Fleet Services. B.Contract Scope: Construction,demolition,and renovation. 1.03 PROJECT CONSULTANTS A.The Architect,hereinafter referred to as Nelson +Morgan Architects,Inc.. 1.Address: 2717 Wind River Lane,Suite 230. 2.City,State,Zip: Denton,Texas 76210. 3.Phone/Fax: 940-566-0266. 4.E-mail: info@nelsonmorgan.com. 1.04 PROCUREMENT TIMETABLE A.The Owner reserves the right to change the schedule or terminate the entire procurement process at any time. 1.05 PROCUREMENT DOCUMENTS A.Availability of Documents: Complete sets of procurement documents may be obtained: 1.From Architect electronically. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 00.01.02 This page intentionally left blank 00.01.03 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Project Directory HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 00.01.03 PROJECT DIRECTORY PART 1 GENERAL 1.01 SECTION INCLUDES A.Identification of project team members and their contact information. 1.02 OWNER: A.Name: City of Denton Fleet Services HVAC Renovations 1.Address Line 1: 804 Texas St. 2.City: Denton. 3.State: Texas. 4.Zip Code: 76201. 5.Telephone: (940)349-7200. B.Primary Contact: All correspondence from the Contractor to the Architect will be through this party,unless alternate arrangements are mutually agreed upon at preconstruction meeting. 1.Title: President. 2.Name: Kelly Morgan. 3.Email: kmorgan@nelsonmorgan.com. 1.03 CONSULTANTS: A.Architect: Design Professional of Record. All correspondence from the Contractor regarding construction documents authored by Architect's consultants will be through this party,unless alternate arrangements are mutually agreed upon at preconstruction meeting. 1.Company Name: Nelson +Morgan Architects,Inc.. a.Address Line 1: 2717 Wind River Lane. b.Address Line 2: Suite 230. c.City: Denton. d.State: Texas. e.Zip Code: 76210. f.Telephone: 940-566-0266. g.Fax:940-566-0223. 2.Primary Contact: a.Title: President. b.Name: Kelly Morgan. c.Email: kmorgan@nelsonmorgan.com. B.Structural Engineering Consultant: 1.Company Name: Lobsinger &Potts Structural Engineering. a.Address Line 1: PO Box 560215. b.City: The Colony. c.State: Texas. d.Zip Code: 75220. e.Telephone: 817-488-9933. 2.Primary Contact: a.Title: President. b.Name: Cory Potts. c.Email: potts@lpse.net. C.Mechanical,Electrical,Plumbing Engineering Consultant: 1.Company Name: HPMB Consulting Engineers. a.Address Line 1: 2828 E Trinity Mills Road. 00.01.03 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Project Directory HVAC Upgrades NMA 24006 City of Denton Fleet Services b.Address Line 2: #210. c.City: Carrollton. d.State: Texas. e.Zip Code: 75006. f.Telephone: 214-483-6202. 2.Primary Contact: a.Title: Principal. b.Name: Dennis Hergenrether. c.Email: dhergenrether@hpmbengineers.com. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION 00.01.03 00.01.10 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Table of Contents HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 00.01.10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS DIVISION 00 --PROCUREMENT AND CONTRACTING REQUIREMENTS 00.01.02 -Project Information 00.01.03 -Project Directory 00.01.10 -Table of Contents 00.11.19 -Invitation to Offerors 00.21.16-Instructions to Offerors 00.35.14 -Conflict of Interest Affidavit 00.41.01 -Proposal Form 00.42.44 -Unit Price Proposal 00.43.14 -Offerors Bond 00.43.38 -Proposed Subcontractors Form 00.43.39 -Vendor Compliance to State Law Non Resident Offeror 00.45.14 -Safety Record Questionnaire 00.45.27 -Contractor Compliance with Workers Compensation Law 00.45.44 -Corporate Resolution of Authorizing Signatories 00.52.44 -Stipulated Sum Contract 00.61.15 -Performance Bond 00.61.16 -Payment Bond 00.61.20 -Maintenance Bond 00.61.26 -Certificate of Insurance 00.72.00 -Stipulated Sum General Conditions 00.73.01 -Supplementary Conditions 00.73.74 -Form 1295 -Certificate of Interested Parties SPECIFICATIONS DIVISION 01 --GENERAL REQUIREMENTS 01.11.00 -Summary of Work 01.25.00 -Substitution Procedures 01.29.76 -Stored Materials (Material on Hand) 01.31.19 -Preconstruction Meeting 01.31.20 -Project Meetings 01.31.16 -Construction Progress Schedule 01.32.33 -Preconstruction Video 01.33.00 -Submittals 01.35.13 -Special Project Procedures 01.45.23 -Testing and Inspection Services 01.50.00 -Temporary Facilities and Controls 00.01.10 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Table of Contents HVAC Upgrades NMA 24006 City of Denton Fleet Services 01.57.13 -Temporary Erosion and Sediment Control 01.58.13 -Temporary Project Signage 01.66.00 -Product Storage and Handling Requirements 01.70.00 -Mobilization and Remobilization 01.71.23 -Construction Staking and Survey 01.74.23 -Cleaning 01.77.19 -Closeout Requirements 01.78.23 -Operation and Maintenance Data 01.78.39 -Project Record Documents DIVISION 02 --EXISTING CONDITIONS 02.41.00 -Demolition DIVISION 03 --CONCRETE (NOT USED) DIVISION 04 --MASONRY (NOT USED) DIVISION 05 --METALS (NOT USED) DIVISION 06 --WOOD,PLASTICS,AND COMPOSITES 06.10.00 -Rough Carpentry DIVISION 07 --THERMAL AND MOISTURE PROTECTION 07.24.19 -Exterior Insulation and Finish System 07.62.00 -Sheet Metal Flashing and Trim 07.71.00 -Roof Specialties 07.92.00 -Sealants DIVISION 08 --OPENINGS 08.33.23 -Overhead Coiling Doors DIVISION 09 --FINISHES 09.25.13 -Acrylic Plaster Finish 09.90.00 -Painting and Coating -Commercial Facility Guide Specification -Sherwin-Williams 09.96.00 -High-Performance Coatings DIVISION 10 --SPECIALTIES (NOT USED) DIVISION 11 --EQUIPMENT (NOT USED) DIVISION 12 --FURNISHINGS (NOT USED) DIVISION 13 --SPECIAL CONSTRUCTION (NOT USED) DIVISION 14 --CONVEYING EQUIPMENT (NOT USED) DIVISION 21 --FIRE SUPPRESSION (NOT USED) DIVISION 22 --PLUMBING (NOT USED) DIVISION 23 --HEATING,VENTILATING,AND AIR-CONDITIONING (HVAC) 23.05.00 -Common Work Results for HVAC 23.05.29 -Hangers &Supports for HVAC 23.05.53 -Identification for HVAC Piping and Equipment 23.05.93 -Testing,Adjusting,and Balancing for HVAC 00.01.10 - 3 CSP 8692 Nelson +Morgan Architects,Inc.Table of Contents HVAC Upgrades NMA 24006 City of Denton Fleet Services 23.07.13 -Duct Insulation 23.31.13 -Metal Ductwork &Vents 23.33.00-Duckwork Accessories 23.34.23 -HVAC Power Ventilators 23.37.13 -Air Inlet and Outlet Devices 23.74.33 -Dedicated Outdoor Air Units 23.81.13-Packaged Air-Conditioners DIVISION 25 --INTEGRATED AUTOMATION (NOT USED) DIVISION 26 --ELECTRICAL 26.05.00 -Common Work Results for Electrical 26.05.19 -Low-Voltage Electrical Power Conductors and Cables 26.05.26 -Grounding and Bonding for Electrical Systems 26.05.29 -Hangers and Supports for Electrical Systems 26.05.33 -Raceways and Boxes for Electrical Systems 26.05.53 -Identification for Electrical Systems 26.24.16 -Panelboards 26.27.26 -Wiring Devices 26.28.13 -Fuses 26.28.16 -Enclosed Switches and Circuit Breakers 26.29.13 -Enclosed Controllers DIVISION 27 --COMMUNICATIONS (NOT USED) DIVISION 28 --ELECTRONIC SAFETY AND SECURITY 28.31.00 -Fire Detection and Alarm DIVISION 31 --EARTHWORK (NOT USED) DIVISION 32 --EXTERIOR IMPROVEMENTS (NOT USED) DIVISION 33 --UTILITIES (NOT USED) DIVISION 34 --TRANSPORTATION (NOT USED) DIVISION 40 --PROCESS INTEGRATION (NOT USED) DIVISION 46 --WATER AND WASTEWATER EQUIPMENT (NOT USED) END OF SECTION 00.01.10 This page intentionally left blank 00 11 19 INVITATION TO OFFERORS Page 1 of 1 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 11 19 1 INVITATION TO OFFERORS 2 COMPETITIVE SEALED PROPOSAL 3 RECEIPT OF PROPOSALS 4 Sealed proposals for the construction of HVAC Upgrades City of Denton Fleet Services will be 5 received by the City of Denton Purchasing Office as outlined at 6 http://dentontx.ionwave.net/CurrentSourcingEvents.aspx. 7 8 GENERAL DESCRIPTION OF WORK 9 The major work will consist of the (approximate) following: Description: Construction consists of 10 installing new HVAC systems & Exterior upgrades and renovations to the exterior current City of 11 Denton Fleet Services. 12 13 COMPETITIVE SEALED PROPOSAL 14 Submission requirements for the competitive sealed proposals shall be found in the Instructions to 15 Offerors. 16 17 DOCUMENT EXAMINATION AND PROCUREMENTS 18 The Proposal and Contract Documents may be examined or obtained on-line by visiting the City 19 of Denton’s Purchasing Division website at http://dentontx.ionwave.net. The Contract Documents 20 may be downloaded, viewed, and printed by interested contractors and/or suppliers. The 21 contractor is required to fill out the Certificate of Interested Parties Form 1295 and the 22 form must be submitted to the Project Manager before the contract will be presented to the 23 City Council. The form can be obtained at https://www.ethics.state.tx.us/tec/1295-Info.htm . 24 25 26 PRE-PROPOSAL CONFERENCE 27 A pre-proposal conference will be held as described in Section 00 21 16 - INSTRUCTIONS TO 28 OFFERORS at the location, date, and time outlined in the City’s solicitation website. To view 29 pre-proposal invitation log-in to your account at http://dentontx.ionwave.net, and click the 30 ‘Activities’ tab of this solicitation. 31 32 PRE-PROPOSAL WALKTHROUGH 33 After the pre-proposal conference, interested parties may reconvene at 804 Texas Street, Denton, 34 Texas 76209, immediately thereafter for a walkthrough of the project site. 35 36 CITY'S RIGHT TO ACCEPT OR REJECT PROPOSALS 37 City reserves the right to waive irregularities and to accept or reject proposals. 38 39 INQUIRIES 40 All inquiries relative to this procurement should be addressed in the City’s solicitations website. 41 To submit and view questions log-in to your account at http://dentontx.ionwave.net, and click the 42 ‘Questions’ tab of this solicitation. 43 44 END OF SECTION 45 This page intentionally left blank 00 21 16 INSTRUCTIONS TO OFFERORS Page 1 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 SECTION 00 21 16 1 INSTRUCTIONS TO OFFERORS 2 1. Defined Terms 3 4 1.1. Terms used in these INSTRUCTIONS TO OFFERORS, which are defined in Section 00 5 72 00 - GENERAL CONDITIONS. 6 7 8 1.2. Certain additional terms used in these INSTRUCTIONS TO OFFERORS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. OFFEROR: Any person, firm, partnership, company, association, or corporation 12 acting directly through a duly authorized representative, submitting a proposal for 13 performing the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident OFFEROR: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 proposal for performing the work contemplated under the Contract Documents 18 whose principal place of business is not in the State of Texas. 19 20 1.2.3. Successful OFFEROR: The Offeror that submits the Proposal that offers the best 21 value to the City based on the evaluation of Proposals published in these 22 Instructions to Offerors. 23 24 1.2.4. Purchasing Agent: City designated representative to assist in solicitation of 25 proposals from vendors for City contracts. 26 27 2. Copies of Proposal Documents 28 29 2.1. Neither City nor Design Professional shall assume any responsibility for errors or 30 misinterpretations resulting from the Offerors use of incomplete sets of Proposal 31 Documents. 32 33 2.2. City and Design Professional in making Proposal Documents available do so only for 34 the purpose of obtaining Proposals for the Work and do not authorize or confer a license 35 or grant for any other use. 36 37 3. Examination of Proposal and Contract Documents, Other Related Data, and Site 38 39 3.1. Before submitting a Proposal, each Offeror shall: 40 41 3.1.1. Examine and carefully study the Contract Documents and other related data 42 identified in the Proposal Documents (including "technical data" referred to in 43 Paragraph 4.2. below). No information given by City or any representative of the 44 City other than that contained in the Contract Documents and officially 45 promulgated addenda thereto, shall be binding upon the City. 46 47 00 21 16 INSTRUCTIONS TO OFFERORS Page 2 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 3.1.2. Visit the site to become familiar with and satisfy Offeror as to the general, local 1 and site conditions that may affect cost, progress, performance or furnishing of the 2 Work. 3 4 3.1.3. Consider applicable laws, statutes, ordinances, codes, rules and regulations, and 5 lawful orders of public authorities that may affect cost, progress, performance or 6 furnishing of the Work. 7 8 3.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 9 contiguous to the Site and all drawings of physical conditions relating to existing 10 surface or subsurface structures at the Site (except Underground Facilities) that 11 have been identified in the Contract Documents as containing reliable "technical 12 data" and (ii) reports and drawings of hazardous materials and substances, if any, at 13 the Site that have been identified in the Contract Documents as containing reliable 14 "technical data." 15 16 3.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 17 the information which the City will furnish. All additional information and data 18 which the City will supply after promulgation of the formal Contract Documents 19 shall be issued in the form of written addenda and shall become part of the Contract 20 Documents just as though such addenda were actually written into the original 21 Contract Documents. No information given by the City other than that contained in 22 the Contract Documents and officially promulgated addenda thereto, shall be 23 binding upon the City. 24 25 3.1.6. Perform independent research, investigations, tests, borings, and such other means 26 as may be necessary to gain a complete knowledge of the conditions which will be 27 encountered during the construction of the project. On request, City may provide 28 each Offeror access to the site to conduct such examinations, investigations, 29 explorations, tests and studies as each Offeror deems necessary for submission of a 30 Proposal. Offeror must fill all holes and clean up and restore the site to its former 31 conditions upon completion of such explorations, investigations, tests and studies. 32 33 3.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 34 cost of doing the Work, time required for its completion, and obtain all information 35 required to make a proposal. Offerors shall rely exclusively and solely upon their 36 own estimates, investigation, research, tests, explorations, and other data which are 37 necessary for full and complete information upon which the proposal is to be based. 38 It is understood that the submission of a proposal is prima-facie evidence that the 39 Offeror has made the investigation, examinations and tests herein required. Claims 40 for additional compensation due to variations between conditions actually 41 encountered in construction and as indicated in the Contract Documents will not be 42 allowed. 43 44 3.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 45 between the Contract Documents and such other related documents. The Contractor 46 shall not take advantage of any gross error or omission in the Contract Documents, 47 and the City shall be permitted to make such corrections or interpretations as may 48 be deemed necessary for fulfillment of the intent of the Contract Documents. 49 50 00 21 16 INSTRUCTIONS TO OFFERORS Page 3 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 3.2. Reference is made to Section 00 73 01 – Supplementary Conditions for identification 1 of: 2 3 3.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 4 the site which have been utilized by City in preparation of the Contract Documents. 5 The logs of soil borings, if any, on the plans are for general information only. 6 Neither the City nor the Design Professional guarantee that the data shown is 7 representative of conditions which actually exist. 8 9 3.2.2. those drawings of physical conditions in or relating to existing surface and 10 subsurface structures (except Underground Facilities) which are at or contiguous to 11 the site that have been utilized by City in preparation of the Contract Documents. 12 13 3.2.3. copies of such reports and drawings will be made available by City to any Offeror 14 on request. Those reports and drawings may not be part of the Contract 15 Documents, but the "technical data" contained therein upon which Offeror is 16 entitled to rely as provided in Paragraph 1.2.a.7. of the General Conditions has been 17 identified and established in Paragraph SC 3.01 of the Supplementary Conditions. 18 Offeror is responsible for any interpretation or conclusion drawn from any 19 "technical data" or any other data, interpretations, opinions or information. 20 21 3.3. The submission of a Proposal will constitute an incontrovertible representation by 22 Offeror (i) that Offeror has complied with every requirement of this Paragraph 3, (ii) that 23 without exception the Proposal is premised upon performing and furnishing the Work 24 required by the Contract Documents and applying the specific means, methods, 25 techniques, sequences or procedures of construction (if any) that may be shown or 26 indicated or expressly required by the Contract Documents, (iii) that Offeror has given 27 City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract 28 Documents and the written resolutions thereof by City are acceptable to Offeror, and 29 when said conflicts, etc., have not been resolved through the interpretations by City as 30 described in Paragraph 5, and (iv) that the Contract Documents are generally sufficient 31 to indicate and convey understanding of all terms and conditions for performing and 32 furnishing the Work. 33 34 3.4. The provisions of this Paragraph 3, inclusive, do not apply to Asbestos, Polychlorinated 35 biphenyls (PCBs), Petroleum, Hazardous Waste or radioactive material covered by 36 Paragraph 10.3 of the General Conditions, unless specifically identified in the Contract 37 Documents. 38 39 3.5. The Offeror acknowledges and agrees to comply with the requirements of City Ethics 40 Ordinance No. 23-1165. 41 42 4. Availability of Lands for Work, Etc. 43 44 00 21 16 INSTRUCTIONS TO OFFERORS Page 4 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 4.1. The lands upon which the Work is to be performed, rights-of-way and easements for 1 access thereto and other lands designated for use by Contractor in performing the Work 2 are identified in the Contract Documents. All additional lands and access thereto 3 required for temporary construction facilities, construction equipment or storage of 4 materials and equipment to be incorporated in the Work are to be obtained and paid for 5 by Contractor. Easements for permanent structures or permanent changes in existing 6 facilities are to be obtained and paid for by City unless otherwise provided in the 7 Contract Documents. 8 9 4.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 10 in Paragraph SC 5.01 of the Supplementary Conditions. In the event the necessary right-11 of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 12 the award of contract at any time before the Offeror begins any construction work on the 13 project. 14 15 4.3. The Offeror shall be prepared to commence construction without all executed right-of-16 way, easements, and/or permits, and shall submit a schedule to the City of how 17 construction will proceed in the other areas of the project that do not require permits 18 and/or easements. 19 20 5. Interpretations and Addenda 21 22 5.1. All questions about the meaning or intent of the Proposal Documents are to be directed 23 to the City in Ionwave on or before the deadline advertised on this solicitation’s page at 24 http://dentontx.ionwave.net. Questions received after this day WILL NOT be 25 responded to. Interpretations or clarifications considered necessary by City in response 26 to such questions will be issued by Addenda delivered to all parties recorded by City as 27 having received the Proposal Documents or by responding to individual questions via 28 this solicitation’s page at http://dentontx.ionwave.net. Only questions answered by 29 formal written Addenda will be binding. Oral and other interpretations or clarifications 30 will be without legal effect. 31 32 Address questions for this solicitation’s IONWAVE page to the ‘Questions’ tab 33 (dentontx.ionwave.net). 34 35 5.2. Addenda may also be issued to modify the Proposal Documents as deemed advisable by 36 City. 37 38 5.3. Addenda or clarifications may be posted via the City’s online hosting site, which can be 39 located by visiting and logging-in to the City of Denton’s Purchasing solicitation website 40 at http://dentontx.ionwave.net and clicking on this solicitation’s link. 41 42 5.4. A Pre-proposal conference may be held at the time and place indicated in the 43 Advertisement or INVITATION TO OFFERORS. Representatives of City will be 44 present to discuss the Project. Offerors are encouraged to attend and participate in the 45 conference. City will transmit to all prospective Offerors of record such Addenda as 46 City considers necessary in response to questions arising at the conference. Oral 47 statements may not be relied upon and will not be binding or legally effective. 48 49 00 21 16 INSTRUCTIONS TO OFFERORS Page 5 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 6. Proposal Security 1 2 6.1. Each Proposal for projects over $100,000, must be accompanied by Offeror’s Bond 3 made payable to City in an amount of five (5) percent of Offeror's maximum price 4 proposed Proposal Form attached, issued by a surety meeting the requirements of 5 Paragraphs 11.4 of the General Conditions. 6 7 6.2. The Offeror’s Bond of all Offerors will be retained until the conditions of the Notice of 8 Award have been satisfied. If the Successful Offeror fails to execute and deliver the 9 complete Agreement within 10 days after the Notice of Award, City may consider 10 Offeror to be in default, rescind the Notice of Award, and the Offeror’s Bond of that 11 Offeror will be forfeited. Such forfeiture shall be City's exclusive remedy if Offeror 12 defaults. The Offeror’s Bond of all other Offerors whom City believes to have a 13 reasonable chance of receiving the award will be retained by City until final contract 14 execution. 15 16 7. Contract Times 17 18 7.1. The Contract will be a Calendar Day contract, and the provisions of the Contract 19 Documents related to Calendar Days will apply. 20 21 7.2. The Contract Time for Substantial Completion will be the number of Calendar Days 22 specified in the Agreement, together with time extensions authorized in accordance with 23 applicable provisions of the Contract Documents. 24 25 7.3. The Contract Time for Final Completion will be the number of Calendar Days specified 26 in the Agreement, together with time extensions authorized in accordance with 27 applicable provisions of the Contract Documents. 28 29 8. Incentives and Disincentives 30 31 8.1. Provisions for Incentives (if applicable) and Disincentives are set forth in Section 4.6 of 32 the Agreement. 33 34 9. Liquidated Damages 35 36 9.1. Provisions for liquidated damages are set forth in the Agreement. 37 38 39 10. Substitute and "Or-Equal" Items 40 41 00 21 16 INSTRUCTIONS TO OFFERORS Page 6 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 10.1. The Agreement, if awarded, will be on the basis of materials and equipment 1 described in the Proposal Documents without consideration of possible substitute or 2 "or-equal" items. Whenever it is indicated or specified in the Proposal Documents 3 that a "substitute" or "or-equal" item of material or equipment may be furnished or 4 used by Contractor if acceptable to City, application for such acceptance will not be 5 considered by City until after the Effective Date of the Agreement. The procedure 6 for submission of any such application by Contractor and consideration by City is set 7 forth in Paragraphs 1.1.m of the General Conditions and is supplemented in Section 8 01 25 00 of the General Requirements. 9 10 11. Subcontractors, Suppliers and Others 11 12 11.1. No Contractor shall be required to employ any Subcontractor, supplier, other person 13 or organization against whom Contractor has reasonable objection. 14 15 12. Submittal Requirements 16 17 12.1. Online submissions via the City’s Ionwave site are preferred, however hard-copy 18 submittals may be accepted. If hard copy submittals are allowed, requirements shall 19 be as outlined on this solicitation’s link at http://dentontx.ionwave.net. 20 12.2. In addition to completing all required sections of the Proposal Documents, the 21 Offeror shall provide documentation demonstrating the Offeror’s qualifications and 22 experience. This documentation shall be included with the Offeror’s Ionwave 23 submissions, or hard-copy sealed proposal package. The Offeror shall address each of 24 the following items in the same order in which they are set forth below. Qualification 25 and experience documentation shall be submitted on letter-size (8-1/2” x 11”) PDF or 26 paper. The qualifications and experience data provided shall include, but may not be 27 limited to the following: 28 29 12.2.1. Proposal Form – Provide the information as required in Sections 00 41 01 – 30 Proposal Form, and 00 42 44 – Unit Price Proposal Form, to establish: 31 32 12.2.1.1. Offeror’s General Information 33 12.2.1.2. Proposal Price 34 35 12.2.2. Offeror’s Past Experience Form - Quality, Reputation, and Ability to 36 Complete Similar Projects on Schedule and Within Budget: The Offeror shall 37 demonstrate experience in delivering similar work as expressed in the Proposal 38 Documents on schedule and within budget. Submit details of five (5) similar 39 projects completed within the last ten (10) years. The Offeror shall provide the 40 completed form found attached in Ionwave and include the following items for each 41 project submitted: 42 43 12.2.2.1. Project Name 44 12.2.2.2. Owner Name 45 12.2.2.3. Project Owner Contact Name, Phone Number, and Email Address 46 12.2.2.4. Contract Time and Actual Completion Time 47 12.2.2.5. Original Contract Cost and Final Contract Cost 48 12.2.2.6. Detailed Project Description. 49 00 21 16 INSTRUCTIONS TO OFFERORS Page 7 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 12.2.2.7. The Offeror should present projects that demonstrate experience in the 1 following categories: 2 HVAC renovations and installations 3 Exterior Insulation and Finish systems 4 Roofing repairs 5 6 12.2.3. Offeror’s Key Personnel Resume Form: The Offeror shall include an 7 organizational chart (maximum of 1 page) with the completed form found attached 8 in Ionwave for key team members that will be assigned to the Project. The Offeror 9 should, at a minimum, provide personnel experience for the Project Manager, 10 Superintendent, Safety Manager, Scheduler, Manager in charge of Submittals and 11 Requests for Information and the Foreman/Foremen. The Key Personnel Resume 12 Form should include the following information: 13 14 12.2.3.1. Name and Job Title 15 12.2.3.2. Role and Responsibility 16 12.2.3.3. Total number of years of experience and total number of years with 17 current firm. 18 12.2.3.4. Licenses and Certifications. 19 12.2.3.5. Project Role and Responsibilities. 20 12.2.3.6. Relevant experience for the categories listed in 13.1.2.7, specifically 21 within the last 5 years. Identify if projects were completed with current 22 firm or previous firm. 23 12.2.3.7. List of other active projects Key Personnel will be assigned to for the 24 duration of this project and include percentage of time allocated for each. 25 26 12.2.4. Detailed Schedule and Written Plan to Achieve Substantial Completion and 27 Final Acceptance within the Contract Time: The Offeror shall demonstrate 28 means and methods to achieve Substantial Completion and Final Acceptance within 29 the Contract Time. The Offeror shall include the following: 30 31 12.2.4.1. Baseline Schedule – The Offeror shall submit a detailed Baseline 32 Schedule in accordance with Section 01 32 16. The schedule should 33 provide a preliminary phasing plan for the project and demonstrate the 34 Offeror’s ability to complete the Project within the Contract Time. The 35 Plan should clearly identify the Critical Path Items and the Plan to keep 36 the project on schedule. The Plan should include, but not be limited to: 37 38 12.2.4.1.1. Critical Path and Preliminary Phasing Plan 39 12.2.4.1.2. Project Specific Tasks: 40 12.2.4.1.3. Equipment and material delivery 41 Hours of Operation 42 12.2.4.1.4. Offeror’s Resources to reach Substantial Completion, including 43 the number of shifts or crews working in parallel. 44 45 12.2.5. Offeror’s Safety Record: The Offeror shall provide responses and any 46 supporting documentation necessary for the Owner to evaluate the safety record for 47 the Offeror and proposed Subcontractors. The response shall include, but may not 48 be limited to the following: 49 50 00 21 16 INSTRUCTIONS TO OFFERORS Page 8 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 12.2.5.1. Documentation of any complaints to, or final orders entered by, the 1 Occupational Safety and Health Review Commission (OSHRC) against 2 the Offeror or a proposed Subcontractor for violation(s) of OSHA 3 regulations within the last five (5) years. 4 12.2.5.2. Documentation of any citations received by the Offeror or a proposed 5 Subcontractor from any federal, state, or local environmental protection 6 enforcement agency. 7 12.2.5.3. Provide records showing Total Recordable Incident Rate (TRIR) for each 8 year for the last five (5) years for the Offeror and each proposed 9 Subcontractor. 10 12.2.5.4. Provide records documenting the Experience Modification Rate (EMR) 11 for the last five (5) years for the Offeror and each proposed 12 Subcontractor. 13 12.2.5.5. List any fatalities in the safety history for the last ten (10) years for the 14 Offeror and each proposed Subcontractor. 15 12.2.5.6. Section 00 45 14 – Safety Record Questionnaire. 16 17 12.3. In addition to the information provided above the Offeror shall submit the following 18 forms as part of the Proposal: 19 20 12.3.1. Section 00 35 14 – Conflict of Interest Affidavit – CSP 21 12.3.2. Section 00 41 01 – Proposal Form – CSP 22 12.3.3. Section 00 42 44 – Unit Price Proposal Form – CSP 23 12.3.4. Section 00 43 14 – Offeror’s Bond – CSP 24 12.3.5. Section 00 43 38 – Proposed Subcontractors Form – CSP 25 12.3.6. Section 00 43 39 – Vendor Compliance to State Law Non-Resident Offeror – 26 CSP 27 12.3.7. Section 00 45 14 – Safety Record Questionnaire – CSP 28 12.3.8. Section 00 45 27 – Contractors Compliance with Workers Compensation Law – 29 CSP 30 12.3.9. Section 00 45 44 – Corporate Resolution of Authorized Signatories – CSP 31 32 13. Proposal Form 33 34 13.1. The Proposal Form is included with the Proposal Documents; additional copies may 35 be obtained from the City. 36 37 13.2. All blanks on the Proposal Form must be completed and the Proposal Form signed. 38 Erasures or alterations shall be initialed by the person signing the Proposal Form. A 39 Proposal price shall be indicated for each proposed item, alternative, and unit price 40 item listed therein. In the case of optional alternatives, the words "No Proposal," "No 41 Change," or "Not Applicable" may be entered. Offeror shall state the prices, in both 42 words and numerals, for which the Offeror proposes to do the work contemplated or 43 furnish materials required. If handwritten, all prices shall be written legibly. In case 44 of discrepancy between price in written/typed words and the price in written/typed 45 numerals, the price in written/typed words shall govern. 46 47 00 21 16 INSTRUCTIONS TO OFFERORS Page 9 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 13.3. Proposals by corporations shall be executed in the corporate name by the president or 1 a vice-president or other corporate officer accompanied by evidence of authority to 2 sign, as provided herein, Section 00 45 44 – Corporate Resolution of Authorized 3 Signatories – CSP. The corporate address and state of incorporation shall be shown 4 below the signature. 5 6 13.4. Proposals by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 13.5. Proposals by limited liability companies shall be executed in the name of the firm by 12 a member and accompanied by evidence of authority to sign. The state of formation 13 of the firm and the official address of the firm shall be shown. 14 15 13.6. Proposals by individuals shall show the Offeror's name and official address. 16 17 13.7. Proposals by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Proposal Form. The official address of the joint venture shall be 19 shown. 20 21 13.8. All names shall be typed below the signature. 22 23 13.9. The Proposal shall contain an acknowledgement of receipt of all Addenda, the 24 numbers of which shall be filled in on the Proposal Form. 25 26 13.10. Postal and e-mail addresses and telephone number for communications regarding the 27 Proposal shall be shown. 28 29 13.11. Evidence of authority to conduct business as a Nonresident Offeror in the state of 30 Texas shall be provided in accordance with Section 00 43 39 – Vendor Compliance 31 to State Law Non Resident Offeror. 32 33 14. Submission of Proposals 34 35 14.1. Proposals may be submitted electronically or by hard copy. Electronic submittals 36 must be submitted using this solicitation’s page in http://dentontx.ionwave.net. 37 Electronic submittals will not be accepted via email. 38 39 14.2. Original hard copies of Offeror’s bonds shall be submitted for both electronic and 40 hard copy submissions. Bonds must be submitted in a sealed envelope before the due 41 date and time as indicated in Section 00 11 19 – Invitation to Offerors. 42 43 14.3. Proposals shall be submitted on the prescribed Proposal Form, provided with the 44 Proposal Documents, at the time and place indicated in the Advertisement or 45 INVITATION TO OFFERORS. 46 47 00 21 16 INSTRUCTIONS TO OFFERORS Page 10 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 14.4. Hard copy submittals shall be enclosed in an opaque sealed envelope, marked with 1 the Proposal Number, Project title, the name and address of Offeror, and 2 accompanied by the Proposal security and other required documents, as indicated in 3 Section 00 41 01 – Proposal Form. If the Proposal is sent through the mail or other 4 delivery system, the sealed envelope shall be enclosed in a separate envelope with the 5 notation "PROPOSAL ENCLOSED" on the face of it. 6 7 14.5. Hard copy submissions shall also include a flash drive, containing a complete copy of 8 the response 9 10 14.6. Address Hard copy submissions as follows: 11 12 City of Denton 13 901-B Texas Street 14 Denton, TX 76209 15 Attn: Materials Management/Purchasing Division, HVAC Upgrades City of 16 Denton Fleet Services, Proposal #8692 17 18 15. Modification and Withdrawal of Proposals 19 20 15.1. Proposals addressed to the Purchasing Agent and filed with the Purchasing Division 21 of City may be withdrawn prior to the time set for Proposal opening. A request for 22 withdrawal must be made in writing by an appropriate document duly executed in the 23 manner that a Proposal must be executed and delivered to the place where Proposals 24 are to be submitted at any time prior to the opening of Proposals. After all Proposals 25 not requested for withdrawal are opened and publicly read aloud, the Proposals for 26 which a withdrawal request has been properly filed may, at the option of the City, be 27 returned unopened. 28 29 15.2. Offerors may modify their Proposal by electronic communication at any time prior to 30 the time set for the closing of Proposal receipt. 31 32 16. Opening of Proposals 33 34 16.1. Proposals will be opened, and the name of each Offeror will be read aloud publicly at 35 the place where Proposals are to be submitted. The proposed price will be read 36 aloud. An abstract of the amounts of the base price proposals and major alternates (if 37 any) will be made available to Offerors only after Proposals have been evaluated in 38 accordance with this Section. 39 40 17. Proposals to Remain Subject to Acceptance 41 42 17.1. All Proposals will remain subject to acceptance for the time period specified for 43 Notice of Award and execution and delivery of a complete Agreement by Successful 44 Offeror. City may, at City's sole discretion, release any Proposal and nullify the 45 Proposal security prior to that date. 46 47 18. Rejection of Proposals 48 49 00 21 16 INSTRUCTIONS TO OFFERORS Page 11 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 18.1. The City reserves the right to reject any or all Proposals, including without limitation 1 the rights to reject any or all nonconforming, nonresponsive, unbalanced, or 2 conditional Proposals and to reject the Proposal of any Offeror if City believes that it 3 would not be in the best interest of the Project to make an award to that Offeror, 4 whether because the Proposal is not responsive or the Offeror is unqualified or of 5 doubtful financial ability or fails to meet any other pertinent standard or criteria 6 established by City. 7 8 19. Disqualification of Proposals 9 10 19.1. The City reserves the right to waive informalities in a Proposal not involving price. 11 Discrepancies between the multiplication of units of Work and unit prices will be 12 resolved in favor of the unit prices. Discrepancies between the indicated sum of any 13 column of figures and the correct sum thereof will be resolved in favor of the correct 14 sum. Discrepancies between words and figures will be resolved in favor of the 15 words. 16 17 19.2. Any of the following shall be cause to disqualify a Proposal: 18 19 19.2.1. The Proposal is not signed by a person empowered to bind the Offeror. 20 19.2.2. The Proposal is not accompanied by an acceptable Offeror’s Bond, with Power 21 of Attorney attached. 22 19.2.3. The Proposal is submitted by an Offeror that has submitted more than one 23 Proposal. 24 19.2.4. There is evidence of collusion between the Offeror submitting the Proposal and 25 one or more other Offerors. 26 19.2.5. The Offeror did not attend or have an authorized agent attend a mandatory Pre-27 Proposal Conference, if applicable. 28 19.2.6. The Offeror is under debarment or suspension by the Owner. 29 19.2.7. The Offeror or a principal of the Offeror is currently debarred or suspended by a 30 Federal, State or local governmental agency. (Applicable for Proposal amounts 31 equal to or in excess of $25,000.00) 32 19.2.8. The Offeror is an interested party to any litigation against City, or City or Offeror 33 may have a claim against the other or be engaged in litigation, or Offeror is in 34 arrears on any existing contract or has defaulted on a previous contract. 35 19.2.9. The Offeror has performed a prior contract in an unsatisfactory manner. 36 19.2.10. The Offeror has uncompleted work which in the judgement of the City will 37 prevent or hinder the prompt completion of additional work if awarded. 38 19.2.11. Incompleteness or an omission, alteration of form, or addition, or the inclusion of 39 a qualification or condition not called for or authorized in the Proposal 40 Documents. 41 19.2.12. Ambiguity or lack of clarity in a Proposal, in which case the City reserves the 42 right to interpret the Proposal in the most advantageous manner for the City, or to 43 reject the Proposal. 44 19.2.13. Failure to acknowledge receipt of Addenda. 45 19.2.14. Failure to identify a dollar amount for one or more unit prices required to be 46 provided in the Unit Price Proposal Form. 47 19.2.15. Failure to submit post-Proposal information within the allotted time(s). 48 19.2.16. Failure to timely execute and deliver the Contract to the City after award. 49 50 00 21 16 INSTRUCTIONS TO OFFERORS Page 12 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 20. Evaluation of Proposals 1 2 20.1. Proposals will be evaluated by a selection team from the relevant City Departments. 3 The selection team will score the received Proposals based on the evaluation criteria 4 below to determine the Offeror that provides the best value. 5 6 20.1.1. In evaluating a Proposal from a Nonresident Offeror, Proposal Prices and/or 7 evaluation scores will be adjusted to the extent practicable to offset the 8 advantage, if any, the Nonresident Offeror would have over a Texas-resident 9 offeror in the Nonresident Offeror’s state. 10 11 20.2. The City will process and evaluate the received Proposals expeditiously, based on the 12 evaluation criteria below to determine the Offeror that provides the best value for the 13 City. The City will not be liable to any Offeror, however, for any delays in 14 connection with the evaluation, award or execution of the Contract. 15 16 20.3. Evaluation shall be based of the highest scoring of the Proposals with a maximum 17 score of 100 points apportioned as follows: 18 19 Evaluation Criteria Points Requirements Proposal Price 50 12.1.1 & 20.4.1 Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget 10 12.1.2 & 20.4.2 Offeror’s Key Personnel 10 12.1.3 & 20.4.3 Detailed Schedule, Phasing Plan, and Written Plan to achieve Substantial and Final Acceptance within the Contract Time 25 12.2.4 & 20.4.4 Offeror’s Safety Record 5 12.1.5 & 20.4.5 Maximum Score: 100 20 20.4. Evaluation criteria will be as follows: 21 22 20.4.1. Proposal Price (50 Points): Points for Proposal Price shall be based on prices 23 submitted by Offerors. The lowest responsible Offeror’s Proposal Price receive 24 the highest score in this category. All other Offeror’s Proposal Prices will receive 25 decreasing points in order of increasing Proposal Price. 26 27 20.4.2. Quality, Reputation, and Ability to Complete Similar Projects on Schedule 28 and Within Budget (10 Points): Points will be awarded based on the Offeror’s 29 experience relevant to this Project, the reputation of the Offeror in performance 30 of similar past projects, and overall reputation and experience of the Offeror. 31 The City will evaluate the projects submitted in accordance with the Submittal 32 Requirements Paragraph, to determine relevancy to the specified scope of this 33 Project and review the Offeror’s performance on the submitted projects. The 34 City may contact the references provided by the Offeror, as well as any other 35 additional references, as may be necessary to verify the qualifications, 36 experience, and reputation of the Offeror. 37 38 00 21 16 INSTRUCTIONS TO OFFERORS Page 13 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 20.4.3. Offeror’s Key Personnel (10 Points): Key Personnel will be awarded points for 1 the listed role and responsibility that the resumes for the proposed team 2 demonstrates with a maximum score of ten (10) points. The City will evaluate the 3 resumes submitted in accordance with the Submittal Requirements Paragraph, to 4 determine relevancy to the specified scope of this Project and review the 5 Offeror’s past roles and responsibilities on the submitted resumes. 6 7 20.4.4. Detailed Schedule and Written Plan to achieve Substantial Completion and 8 Final Acceptance within the Contract Time (25 Points): The schedule and plan 9 should clearly show the Critical Path and Preliminary Phasing, and the means and 10 methods the Offeror will use to achieve Substantial Completion and Final 11 Acceptance within the Contract Time. Scoring will be based on the Offeror’s 12 ability to communicate the plan and schedule. 13 14 20.4.5. Offeror’s Safety Record (5 Points): The Owner will award points based on 15 evaluation of the safety documentation provided by the Offeror as required in the 16 Submittal Requirements Paragraph. Safety documentation for the Offeror and 17 Subcontractors will be evaluated and considered in awarding points for this item. 18 19 20.5. In the event of a tie in the total summation of Points for the best value, the lowest 20 Proposal Price will break the tie and determine the Successful Offeror. 21 22 20.6. City may consider the qualifications and experience of Subcontractors, suppliers, and 23 other persons and organizations proposed for those portions of the Work as to which 24 the identity of Subcontractors, suppliers, and other persons and organizations must be 25 submitted as provided in the Contract Documents or upon the request of the City. 26 City also may consider the operating costs, maintenance requirements, performance 27 data and guarantees of major items of materials and equipment proposed for 28 incorporation in the Work when such data is required to be submitted prior to the 29 Notice of Award. 30 31 20.7. City may conduct such investigations as City deems necessary to assist in the 32 evaluation of any Proposal and to establish the responsibility, qualifications, and 33 financial ability of Offerors, proposed Subcontractors, Suppliers and other persons 34 and organizations to perform and furnish the Work in accordance with the Contract 35 Documents to City's satisfaction within the prescribed time. 36 37 20.8. Contractor shall perform with his own organization, work of a minimum value as 38 outlined in Section 00 43 38 – Proposed Subcontractors Form – CSP, unless 39 otherwise approved by the City. Contractor shall complete and submit Section 00 43 40 38 – Proposed Subcontractors Form – CSP. 41 42 21. Award of Contract 43 44 21.1. If the Contract is to be awarded, it will be awarded to the Offeror whose evaluation 45 by City indicates that the award will provide the best value for the City. 46 47 00 21 16 INSTRUCTIONS TO OFFERORS Page 14 of 14 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 21.2. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 1 contract to a Nonresident Offeror unless the Nonresident Offeror’s Proposal is lower 2 than the lowest Proposal submitted by a responsible Texas Offeror by the same 3 amount that a Texas resident Offeror would be required to underbid a Nonresident 4 Offeror to obtain a comparable contract in the state in which the nonresident’s 5 principal place of business is located. 6 7 21.3. A contract is not awarded until formal City Council authorization. If the Contract is 8 to be awarded, City will award the Contract within 120 days after the day of the 9 Proposal opening unless extended in writing. No other act of City or others will 10 constitute acceptance of a Proposal. Upon the contractor award a Notice of Award 11 will be issued by the City. 12 13 21.4. Failure or refusal to comply with the requirements may result in rejection of 14 Proposal. 15 16 21.5. Contractor is required to fill out the Certificate of Interested Parties Form 1295 and 17 the form must be submitted to the Purchasing Agent before the contract will be 18 presented to the City Council. The form can be obtained at 19 https://www.ethics.state.tx.us/tec/1295-Info.htm. 20 21 21.6. Additional approvals could be required if outside funding is used. 22 23 22. Signing of Agreement 24 25 22.1. When City issues a Notice of Award to the Successful Offeror, it will be 26 accompanied by the required number of unsigned counterparts of the Agreement. 27 Within 14 days thereafter Contractor shall sign and deliver the required number of 28 counterparts of the Agreement to City with the required Bonds, Certificates of 29 Insurance, and all other required documentation. City shall thereafter deliver one 30 fully signed counterpart to Contractor. 31 32 END OF SECTION 33 00 35 14 CONFLICT OF INTEREST AFFIDAVIT - CSP Page 1 of 1 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 35 14 1 CONFLICT OF INTEREST AFFIDAVIT - CSP 2 END OF SECTION 3 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date This page intentionally left blank 00 41 01 PROPOSAL FORM - CSP Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 SECTION 00 41 01 1 PROPOSAL FORM - CSP 2 TO: City of Denton 3 c/o: Purchasing Division 4 901-B Texas Street 5 Denton, Texas 76209 6 7 FOR: HVAC Upgrades City of Denton Fleet Services 8 9 1 Enter into Agreement 10 11 The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an 12 Agreement with City in the form included in the Proposal Documents to perform and furnish all 13 Work as specified or indicated in the Contract Documents for the Unit Price Proposal and within 14 the Contract Time indicated in this Proposal and in accordance with the other terms and 15 conditions of the Contract Documents. 16 17 2 OFFEROR Acknowledgements and Certification 18 19 2.1 In submitting this Proposal, Offeror accepts all of the terms and conditions of the 20 INVITATION TO OFFORERS and INSTRUCTIONS TO OFFORERS, including without 21 limitation those dealing with the disposition of Offeror’s Bond. 22 2.2 Offeror is aware of all costs to provide the required insurance, will do so pending contract 23 award, and will provide a valid insurance certificate meeting all requirements within 14 24 days of notification of award. 25 2.3 Offeror certifies that this Proposal is genuine and not made in the interest of or on behalf of 26 any undisclosed individual or entity and is not submitted in conformity with any collusive 27 agreement or rules of any group, association, organization, or corporation. 28 2.4 Offeror has not directly or indirectly induced or solicited any other Offeror to submit a 29 false or sham Proposal. 30 2.5 Offeror has not solicited or induced any individual or entity to refrain from proposing. 31 2.6 Offeror has not engaged in corrupt, fraudulent, collusive, or coercive practices in 32 competing for the Agreement. For the purposes of this Paragraph: 33 a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything 34 of value likely to influence the action of a public official in the proposal process. 35 36 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to 37 influence the proposal process to the detriment of City (b) to establish proposal 38 prices at artificial non-competitive levels, or (c) to deprive City of the benefits of 39 free and open competition. 40 41 c. "collusive practice" means a scheme or arrangement between two or more 42 Offerors, with or without the knowledge of City, a purpose of which is to 43 establish proposal prices at artificial, non-competitive levels. 44 45 d. "coercive practice" means harming or threatening to harm, directly or indirectly, 46 persons or their property to influence their participation in the proposal process 47 or affect the execution of the Contract. 48 00 41 01 PROPOSAL FORM - CSP Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 1 2.7 The Offeror acknowledges and agrees to comply with the requirements of City Ethics 2 Ordinance No. 23-1165. 3 4 3 Time of Completion 5 6 3.1 The Work will be Substantially Complete as defined in the General Conditions within 7 ________________________ Days after the date when the Contract Time commences to 8 run, which is the day indicated in the Notice to Proceed, plus any extension thereof allowed 9 in accordance with Article 11 of the General Conditions. 10 3.2 The Work will be complete for Final Acceptance within ________________________ 11 Days after the date when the Contract Time commences to run, which is the day indicated 12 in the Notice to Proceed, plus any extension thereof allowed in accordance with Article 8 13 of the General Conditions. 14 3.3 Offeror accepts the provisions of the Agreement as to Liquidated Damages in the event of 15 failure to obtain Milestones (if applicable), Substantial Completion, and Final Acceptance 16 within the times specified in the Agreement. 17 18 4 Attached to this Proposal 19 20 4.1 The following documents are attached to and made a part of this Proposal: 21 a. Section 00 35 14 – Conflict of Interest Affidavit – CSP 22 b. Section 00 41 01 – This Proposal Form – CSP 23 c. Section 00 42 44 – Unit Price Proposal Form – CSP – Excel Electronic Copy 24 (either included in the hard copy Proposal, or submitted via Ionwave) 25 d. Section 00 43 14 – Required Offeror’s Bond – CSP, issued by a surety meeting the 26 requirements of Paragraph 11.4 of the General Conditions. 27 e. Section 00 43 38 – Proposed Subcontractors Form – CSP 28 f. Section 00 43 39 – Vendor Compliance to State Law Non-Resident Offeror – CSP 29 g. Section 00 45 14 – Safety Record Questionnaire – CSP 30 h. Section 00 45 27 – Contractor Compliance with Workers Compensation Law – CSP 31 i. Section 00 45 44 – Corporate Resolution of Authorized Signatories – CSP 32 j. Any additional documents required by Paragraph 12 of Section 00 21 16 – 33 Instructions to Offerors 34 35 5 Total Proposal Amount 36 37 5.1 Offeror will complete the Work in accordance with the Contract Documents for the 38 following proposal amount. In the space provided below, please enter the total proposed 39 amount for this project. This figure will be read publicly by the City at the proposal 40 opening. 41 5.2 It is understood and agreed by the Offeror in signing this proposal that the total proposed 42 amount entered below is subject to verification and/or modification by multiplying the unit 43 prices for each pay item by the respective estimated quantities shown in this proposal and 44 then totaling all of the extended amounts. 45 46 Total Proposal Amount: $____________________________ 47 48 6 Proposal Submittal 49 50 00 41 01 PROPOSAL FORM - CSP Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 6.1 It is understood by Offeror that submission of the total proposal amount is only one of the 1 factors for the City’s evaluation process, and that any award of contract will be based on 2 the complete evaluation of the Proposal and Offeror by City under the terms provided in 3 the Instructions to Offerors or any validly issued amendments or addenda. 4 5 6.2 This Proposal is submitted on _____________________________, 20___ by the entity 6 named below. 7 8 9 Respectfully submitted, 10 11 By: ______________________________ 12 (Signature) 13 14 _________________________________ 15 (Printed Name) 16 17 Title: _____________________________ 18 19 Company: _________________________ 20 21 Address: __________________________ 22 ___________________________ 23 24 State of Incorporation: _______________ 25 26 Email: ____________________________ 27 28 Phone: ____________________________ 29 END OF SECTION 30 Receipt is acknowledged of the following Addenda: Initial Addenda No. 1: Addenda No. 2: Addenda No. 3: Addenda No. 4: Addenda No. 5: This page intentionally left blank To:From: PROJ.: RFP:CSP 8692 ENG PMO:<ENG PMO No. if applicable> Item No.Spec. Section No.Description UOM BID QTY Unit Price Extended Price 1 Mobilization/Demobilization -$ -$ 2 Demolition -$ -$ 3 Storm Water Pollution Prevention -$ -$ SUBTOTAL -$ 4 Exterior Insulation and Finish system 5 Steel Fabrication -$ -$ 6 Painting -$ -$ 7 Roofing -$ -$ 8 Overhead Coiling Doors -$ -$ SUBTOTAL -$ 11 Ductwork -$ -$ 12 Duct Insulation -$ -$ 13 HVAC Equipment -$ -$ 14 Gas Piping -$ -$ 15 Testing Adjusting and Balancing -$ -$ 17 Controls -$ SUBTOTAL -$ 20 Demolition -$ -$ 21 Underground -$ -$ 22 Temporary Generator -$ -$ 23 Electrical gear -$ -$ 24 Conduit and Wiring -$ -$ 25 Equipment Connections -$ -$ 256 Fire Alarm -$ -$ SUBTOTAL -$ $0.00 1A -$ -$ 2A -$ -$ 3A -$ -$ $0.00 TOTAL BASE PLUS ALTERNATE PROPOSAL:$0.00 $0.00 II. EXTERIOR IMPROVEMENTS III. HVAC IV. ELECTRICAL TOTAL PROPOSAL: Alternate Proposal 901-B Texas Street Denton, TX 76209 OFFEROR'S APPLICATION - UNIT PRICE PROPOSAL STREET ADDRESS CITY, STATE CONTACT TOTAL BASE PROPOSAL: TOTAL ALT. Proposal: HVAC Upgrades City of Denton Fleet Services PHONE EMAIL I. GENERAL BID ITEMS SECTION 00 42 44 - UNIT PRICE PROPOSAL FORM - CSP <Purchasing Agent>/Purchasing Dept. HVAC Upgrades City of Denton Fleet Services City of Denton - Capital Projects COMPANY NAME This page intentionally left blank 00 43 14 OFFEROR'S BOND - CSP Page 1 of 2 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 43 14 1 OFFEROR'S BOND - CSP 2 3 KNOW ALL BY THESE PRESENTS: 4 That we, (Offeror Name)___________________________________________________, 5 known as “Principal” herein, and (Surety Name)_____________________________________, a 6 corporate surety duly authorized to do business in the State of Texas, known as “Surety” herein, 7 are held and firmly bound unto the City of Denton, a Texas home-rule municipal corporation 8 created pursuant to the laws of Texas, known as “City” herein, in the penal sum of five percent 9 (5%) of Offeror’s maximum proposal price, in lawful money of the United States, to be paid in 10 Denton, Denton County, Texas for the payment of which sum well and truly to be made, we bind 11 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly 12 by these presents. 13 WHEREAS, the Principal has submitted a proposal to perform work for the following 14 project designated as 15 {HVAC Upgrades for City of Denton Fleet Services; limits to be equal to contract sum}. 16 17 NOW, THEREFORE, the condition of this obligation is such that if the City shall award 18 the Agreement for the foregoing project to the Principal, and the Principal shall satisfy all 19 requirements and conditions required for the execution of the Agreement and shall enter into the 20 Agreement in writing with the City in accordance with the terms of such same, then this obligation 21 shall be and become null and void. If, however, the Principal fails to execute such Agreement in 22 accordance with the terms of same or fails to satisfy all requirements and conditions required for 23 the execution of the Agreement, this bond shall become the property of the City, without recourse 24 of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate 25 City for the difference between Principal’s total proposal amount and the next selected offeror’s 26 total proposal amount. 27 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 28 the state district court of Denton County, Texas. 29 30 00 43 14 OFFEROR'S BOND - CSP Page 2 of 2 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 1 instrument by duly authorized agents and officers on this the _______ day of 2 ____________________, 20___. 3 4 5 By: ___________________________________________________________________________ 6 (Principal Name) 7 8 ______________________________________________________________________________ 9 (Signature and Title of Principal) 10 11 *By: __________________________________________________________________________ 12 (Surety Name) 13 14 ______________________________________________________________________________ 15 (Signature of Attorney-in-Fact) 16 17 *Attach Power of Attorney (Surety) for Attorney-in-Fact 18 END OF SECTION 19 Impressed Surety Seal Only 00 43 38 PROPOSED SUBCONTRACTORS FORM - CSP Page 1 of 1 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 43 38 1 PROPOSED SUBCONTRACTORS FORM - CSP 2 3 Each Offeror for a City procurement is required to complete the information below by identifying 4 the proposed subcontractors whom they intend to utilize and the approximate percentage of the 5 overall contract that will be allocated to each entity. 6 7 Company Name Type of Work to be Performed Overall Contract Percentage (%) General Contractor: Subcontractors: 8 9 The undersigned hereby certifies that the subcontractors described in the table above will 10 be utilized for this project at the approximate percentage levels indicated above. 11 12 OFFEROR: 13 14 _____________________________________ By: ___________________________________ 15 Company (Please Print) 16 17 _____________________________________ Signature: ______________________________ 18 Address 19 20 _____________________________________ Title: __________________________________ 21 City/State/Zip (Please Print) 22 23 Date: __________________________________ 24 25 END OF SECTION 26 This page intentionally left blank 00 43 39 VENDOR COMPLIANCE TO STATE LAW NON-RESIDENT OFFEROR - CSP Page 1 of 1 CITY OF DENTON [Insert Proposal Number] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Engineering Project Number] Revised November 23, 2020 Effective January 15, 2021 SECTION 00 43 39 1 VENDOR COMPLIANCE TO STATE LAW NON-RESIDENT OFFEROR - CSP 2 3 Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident 4 offerors. This law provides that, in order to be awarded a best value contract where the offeror 5 also offered the lowest proposal price, nonresident offerors (out-of-state contractors whose 6 corporate offices or principal place of business are outside the State of Texas) propose on projects 7 for construction, improvements, supplies or services in Texas at an amount lower than the lowest 8 Texas resident offeror by the same amount that a Texas resident offeror would be required to 9 underbid a nonresident offeror in order to obtain a comparable contract in the State which the 10 nonresident’s principal place of business is located. 11 The appropriate blanks in Section A must be filled out by all nonresident offerors in order for 12 your proposal to meet specifications. The failure of nonresident offerors to do so will 13 automatically disqualify that offeror. Resident offerors must check the box in Section B. 14 A. Nonresident offerors in the State of ______________________, our principal place of 15 business, are required to be ________________ percent lower than resident offerors by State 16 Law. A copy of the statute is attached. 17 Nonresident offerors in the State of _____________________, our principal place of 18 business, are not required to underbid resident Offerors. 19 B. The principal place of business of our company or our parent company or majority owner is 20 in the State of Texas. 21 22 OFFEROR: 23 24 _____________________________________ By: ___________________________________ 25 Company (Please Print) 26 27 _____________________________________ Signature: ______________________________ 28 Address 29 30 _____________________________________ Title: __________________________________ 31 City/State/Zip (Please Print) 32 33 Date: __________________________________ 34 35 END OF SECTION 36 This page intentionally left blank 00 45 14 SAFETY RECORD QUESTIONNAIRE - CSP Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 SECTION 00 45 14 1 SAFETY RECORD QUESTIONNAIRE - CSP 2 3 The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local 4 Government Code, and consider the safety records of potential contractors prior to award of City 5 contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has 6 adopted the following written definition and criteria for accurately determining the safety record of 7 a Offeror prior to awarding City contracts. 8 9 The definition and criteria for determining the safety record of a Offeror for this consideration shall 10 be: 11 12 The City of Denton shall consider the safety record of the Offeror in determining the 13 responsibility thereof. The City may consider any incidence involving worker safety or safety 14 of the citizens of the City of Denton, be it related or caused by environmental, mechanical, 15 operational, supervision or any other cause or factor. Specifically, the City may consider, 16 among other things: 17 A. Complaints to, or final orders entered by, the Occupational Safety and Health 18 Review Commission (OSHRC), against the Offeror for violations of OSHA 19 regulations within the past three (3) years. 20 B. Citations (as defined below) from an Environmental Protection Agency (as defined 21 below) for violations within the past five (5) years. Environmental Protection 22 Agencies include, but are not necessarily limited to, the U.S. Army Corps of 23 Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the 24 Environmental Protection Agency (EPA), the Texas Commission on Environmental 25 Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) 26 (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas 27 Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), 28 agencies of local governments responsible for enforcing environmental protection 29 or worker safety related laws or regulations, and similar regulatory agencies of other 30 states of the United States. Citations include notices of violation, notices of 31 enforcement, suspension/revocations of state or federal licenses or registrations, 32 fines assessed, pending criminal complaints, indictments, or convictions, 33 administrative orders, draft orders, final orders, and judicial final judgments. 34 C. Convictions of a criminal offense within the past ten (10) years, which resulted in 35 bodily harm or death. 36 D. Any other safety related matter deemed by the City Council to be material in 37 determining the responsibility of the Offeror and his or her ability to perform the 38 services or goods required by the solicitation documents in a safe environment, both 39 for the workers and other employees of Offeror and the citizens of the City of 40 Denton. 41 42 43 00 45 14 SAFETY RECORD QUESTIONNAIRE - CSP Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 In order to obtain proper information from Offerors so that City of Denton may consider the 1 safety records of potential contractors prior to awarding City contracts, City of Denton requires 2 that Offerors answer the following three (3) questions and submit them with their submissions: 3 4 QUESTION ONE 5 6 Has the Offeror, or the firm, corporation, partnership, or institution represented by the Offeror, or 7 anyone acting for such firm, corporation, partnership or institution, received citations for violations 8 of OSHA within the past three (3) years? 9 10 YES NO 11 12 If the Offeror has indicated YES for question number one above, the Offeror must provide to City 13 of Denton, with its submission, the following information with respect to each such citation: 14 15 Date of offense, location of establishment inspected, category of offense, final disposition of 16 offense, if any, and penalty assessed. 17 18 QUESTION TWO 19 20 Has the Offeror, or the firm, corporation, partnership, or institution represented by the Offeror, or 21 anyone acting for such firm, corporation, partnership or institution, received citations for violations 22 of environmental protection laws or regulations, of any kind or type, within the past five years? 23 Citations include notice of violation, notice of enforcement, suspension/revocations of state or 24 federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or 25 convictions, administrative orders, draft orders, final orders, and judicial final judgments. 26 27 YES NO 28 29 If the Offeror has indicated YES for question number two above, the Offeror must provide to City 30 of Denton, with its submission, the following information with respect to each such conviction: 31 32 Date of offense or occurrence, location where offense occurred, type of offense, final disposition 33 of offense, if any, and penalty assessed. 34 35 QUESTION THREE 36 37 Has the Offeror, or the firm, corporation, partnership, or institution represented by Offeror, or 38 anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within 39 the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? 40 41 YES NO 42 43 44 00 45 14 SAFETY RECORD QUESTIONNAIRE - CSP Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5, 2022 Effective January 5, 2022 If the Offeror has indicated YES for question number three above, the Offeror must provide to 1 City of Denton, with its submission, the following information with respect to each such 2 conviction: 3 4 Date of offense, location where offense occurred, type of offense, final disposition of offense, if 5 any, and penalty assessed. 6 7 Offeror must provide records, with its submission, supporting the Safety Record Rates for the 8 past 5 years listed below: 9 10 Experience Modification Rate (EMR) 11 2023: _____________ 12 2022: _____________ 13 2021: _____________ 14 2020: _____________ 15 2019: _____________ 16 Total Recordable Incident Rate (TRIR) 17 2023: _____________ 18 2022: _____________ 19 2021: _____________ 20 2020: _____________ 21 2019: _____________ 22 23 END OF SECTION 24 This page intentionally left blank 00 45 27 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW - CSP Page 1 of 1 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 45 27 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW - CSP 2 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 3 provides worker’s compensation insurance coverage for all of its employees employed on HVAC 4 Upgrades for City of Denton Fleet Service. Contractor further certifies that, pursuant to Texas 5 Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor’s 6 certificates of compliance with worker’s compensation coverage. 7 8 CONTRACTOR: 9 10 _____________________________________ By: ___________________________________ 11 Company (Please Print) 12 13 _____________________________________ Signature: ______________________________ 14 Address 15 16 _____________________________________ Title: __________________________________ 17 City/State/Zip (Please Print) 18 19 20 THE STATE OF TEXAS § 21 22 COUNTY OF DENTON § 23 24 BEFORE ME, the undersigned authority, on this day personally appeared 25 ___________________________________, known to me to be the person whose name is 26 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 27 the act and deed of ____________________________________ for the purposes and 28 consideration therein expressed and in the capacity therein stated. 29 30 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____________day of 31 _______________________, 20__. 32 33 34 __________________________________ 35 Notary Public in and for the State of Texas 36 37 END OF SECTION 38 39 This page intentionally left blank 00 45 44 CORPORATE RESOLUTION AUTHORIZING SIGNATORIES - CSP Page 1 of 1 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 45 44 1 CORPORATE RESOLUTION AUTHORIZING SIGNATORIES - CSP 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 This page intentionally left blank STIPULATED SUM VERTICAL CONSTRUCTION CONTRACT BY AND BETWEEN CITY OF DENTON AND [CONTRACTOR NAME] TABLE OF CONTENTS 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A GENERAL CONDITIONS EXHIBIT B DRAWINGS AND SPECIFICATIONS; ON FILE WITH THE PURCHASING AGENT EXHIBIT C KEY PERSONNEL EXHIBIT D NONE EXHIBIT E NONE EXHIBIT F UNIT PRICE PROPOSAL FORM EXHIBIT G INITIAL SCHEDULE OF VALUES EXHIBIT H CONTRACTOR’S CONSTRUCTION SCHEDULE EXHIBIT I ESCROW AGREEMENT EXHIBIT J CONFLICT OF INTEREST QUESTIONNAIRE EXHIBIT K PROPOSAL FORM EXHIBIT L PREVAILING WAGE RATES EXHIBIT M INSURANCE AND BONDS (TO BE COMPLETED AFTER CONTRACT AWARD) STIPULATED SUM VERTICAL CONSTRUCTION CONTRACT This Stipulated Sum Vertical Construction Contract (this “Agreement”) made as of the ____ day of ____________ in the year 20____ (the “Effective Date”) between City of Denton, a Texas home rule municipal corporation located at 215 East McKinney Street Denton, Texas 76201 (the “Owner” or “City”) and _______________________________ at _________________________________ (the “Contractor”) for the following Project: HVAC Upgrades for City of Denton Fleet Service and proposal #8692 The Owner and Contractor agree as follows: Article 1. THE CONTRACT DOCUMENTS Section 1.1 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in the above table of contents, documents issued as part of the solicitation for the Project, this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. In the event any provision contained in this Agreement conflicts with any provision contained in the Contract Documents, the more stringent provision for the Contractor, as interpreted by the Owner, shall govern. Section 1.2 If, and to the extent of, any inconsistency, ambiguity, discrepancy or error in the Contract Documents (referred to collectively in this Section 1.2 as discrepancy), the Contractor shall immediately seek clarification from (Insert Name and Firm of Design Professional) (the “Design Professional” or “Architect” or “Engineer” as reference may be made in the Contract Documents) and notify the Owner and Contractor that clarification has been requested. In the event that the Design Professional fails to clarify such discrepancy, within a reasonable time under the circumstances, the Contractor shall proceed with the Work without the clarification based on written permission from the Owner, and give precedence to the Contract Documents in the following descending order of priority: a. Modifications issued after execution of the Owner-Contractor Agreement, including all exhibits not specifically referenced in this Section 1.2; b. the Owner-Contractor Agreement; c. Addenda issued prior to the execution of the Owner-Contractor Agreement, with the Addenda bearing the latest date taking precedence; d. the General Conditions of the Contract for Construction; e. Exhibit “B” - Drawings and Specifications; Article 2. THE WORK OF THIS CONTRACT Section 2.1 The Contractor shall in a good workmanlike manner, fully execute the Work described in, and reasonably inferable by the Contractor as necessary to provide the results intended by fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others: and the Contractor at its sole cost, risk, and expense shall construct, equip, provide purchase, pay for, and furnish all of the Work in accordance with such Contract Documents. and governmental codes and regulations as they apply to performance of the Work. Section 2.2 An Index of Drawings and Specifications which have been furnished to the Contractor as of the date of this Agreement is set forth in Exhibit “B” – Drawings and Specifications. Section 2.3 The Contractor shall not be entitled to any adjustments in the Contract Sum or the Contract Time as a result of any action, or failure to act, in connection with any work or other services performed by the Contractor, or any entity affiliated with the Contractor, for portions of the Project other than the Work, such as, without limitation, other projects for this Owner or nearby the Project site, whether such work or other services are performed under contract with the Owner or an independent third party. Section 2.4 The Contractor shall proceed with performance of the Work as required by the Contract Documents and shall not modify such requirements unless such modifications are accepted by the Owner in a Change Order or Construction Change Directive. The Contractor shall not be entitled to receive any additional fees as a result of any modification requests or recommendations submitted by the Contractor. Section 2.5 The Contractor shall furnish only skilled and properly trained staff for the performance of the Work. The key members of the Contractor's staff shall be persons agreed upon with the Owner and Contractor and identified in Exhibit "C" – Key Personnel, which is attached hereto and incorporated herein for all purposes. a. Such key members of the Contractor's staff shall not be changed without the written consent of the Owner and Contractor, unless such person becomes unable to perform any required duties due to death, disability or termination of employment with the Contractor. If a key member is no longer capable of performing in the capacity described in Exhibit "C" – Key Personnel, the Owner, Design Professional, and the Contractor shall agree on a mutually acceptable substitute. b. During the performance of the Work, the Contractor shall keep a competent superintendent at the Project site, who is fully authorized to act on behalf of the Contractor. Notice from the Owner, Contractor or the Design Professional to such superintendent, in connection with defective Work, instructions for performance of the Work or any and all other issues shall be considered notice of such issues to the Contractor. Article 3. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION Section 3.1 The construction of the Work to be performed under this Contract shall be commenced within three (3) calendar days after receipt of a building permit and Owner's Notice to Proceed. Issuance of a Notice to Proceed for construction of the Work is subject to Owners acceptance of the Contractor’s proposed Construction Management Plan, and receipt of a building permit. The Contractor shall notify the Owner in writing, with confirmation of receipt, not less than three (3) business days before commencing the Work on the Project site to permit timely filing of mortgages, mechanics’ liens, and other security interests. Section 3.2 The Contract Time shall be measured from the date of Notice to Proceed. Section 3.3 Substantial Completion a. Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall diligently prosecute the Work and shall achieve Substantial Completion of the entire Work by ________ days. b. If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, shall be as specified in Section 8.6 of Exhibit A - General Conditions for the Contract for Construction. Section 3.4 Final Completion a. Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall diligently prosecute the Work and shall achieve final completion of the entire Work by _________ days. b. If the Contractor fails to achieve final completion as provided in this Section 3.3, liquidated damages, shall be as specified in Section 8.6 of Exhibit A - General Conditions for the Contract for Construction. Article 4. CONTRACT SUM Section 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be _______________________________________ Dollars ($__________________), subject to additions and deductions as provided in the Contract Documents. At the sole option of the City, five (5) percent contingency in the amount of _________________________________________ Dollars ($________________) may be used for a total not-to-exceed amount of ________________________________ Dollars ($_______________). Section 4.2 Alternates a. Alternates, if any, included in the Contract Sum: See Exhibit “D” – Alternates b. Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Provided, however, that the Contractor shall furnish the Owner with no less than fourteen (14) days prior written notice of the date upon which any of the alternatives set forth in Exhibit “D” – Alternates, must be accepted by the Owner in order for the Contractor to perform the Work covered by such alternates for the price(s) set forth therein; and without any adjustment to a Contractual Milestone date, the Contractor’s Construction Schedule or the Contract Time. Upon acceptance, the Owner shall issue a Modification to this Agreement. See Exhibit “D” – Alternates Section 4.3 Allowances, if any, included in the Contract Sum: See Exhibit “E” – Allowances Section 4.4 Unit prices, if any are set forth in Exhibit “F” – Unit Costs, and such unit prices are considered complete and include all materials, equipment, labor, delivery, installation, overhead, and profit; and any other costs or expenses in connection with, or incidental to, the performance of that portion of the Work to which such unit prices apply. See Exhibit “F” – Unit Costs Section 4.5 Liquidated damages, if any: See Exhibit A - General Conditions for the Contract for Construction Section 4.6 Other: Section 4.7 By executing this Agreement and furnishing the Owner with both Exhibit “E” – Allowances and Exhibit “G” – Initial Schedule of Values, the Contractor represents and warrants that the Contract Documents, materials, and information furnished by the Contractor as of the date of this Agreement, and the ongoing discussions and meetings between the Contractor and the Owner and Design Professional have described the scope, construction requirements and design intent for the Work in detail sufficient to enable the Contractor to firmly establish the Contract Sum and the Contract Time. The Contractor shall not be permitted to claim any adjustment in either the Contract Sum or Contract Time prior to Notice to Proceed in connections with the completion of the Work except as described in the Contract Documents. Article 5. PAYMENTS Section 5.1 Progress Payments a. Based upon Applications for Payment including all supporting documentation required by the Owner and submitted to the Design Professional and Owner by the Contractor; its review by the Design Professional and Owner; and Certificates for Payment issued by the Design Professional and Certificates for Payment issued by the Design Professional, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. b. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. c. Provided that a certifiable Application for Payment is approved by the Design Professional not later than the «twenty-fifth (25th) » day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the « thirtieth (30th) » day of the « following » month. If a certifiable Application for Payment is received by the Design Professional after the application date fixed above, payment of the amount certified shall be made by the Owner not later than « thirty » (« 30 ») calendar days after the Design Professional approves the Application for Payment. d. Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in advance by the Owner and Design Professional in accordance with the Contract Documents and the Construction Management Plan. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner and Design Professional may require. This schedule of values, unless objected to by the Owner or Design Professional, shall be used as a basis for reviewing the Contractor’s Applications for Payment. e. Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. f. In accordance with Exhibit A - General Conditions for the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: i. The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Design Professional determines, in the Design Professional’s professional judgment, to be reasonably justified. ii. The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Contractor or Design Professional has previously withheld or nullified a Certificate for Payment as provided in Article 9 of Exhibit A - General Conditions for the Contract for Construction; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Design Professional may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of Exhibit A - General Conditions for the Contract for Construction; and .5 Retainage withheld pursuant to Section 5.1.g. .6 g. Retainage i. For each progress payment made prior to Final Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: Five Percent (5.0%) h. Omitted. i. Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. j. Each Application for Payment shall, without limitation, conform with the requirements of Exhibit A - General Conditions for the Contract for Construction, as amended. k. In taking action on the Contractor’s Applications for Payment, the Owner and Design Professional shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Owner or Design Professional have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with this Section 5.1.k or other supporting data; that the Owner or Design Professional have made exhaustive or continuous on-site inspections; or that the Owner or Design Professional have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. l. Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site, and even with such approval the Contractor shall follow the procedures in the Contract Documents for such payments. m. In addition to other required items, the final Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner and in compliance with applicable statutes of the State of Texas all in a form acceptable to the Owner: .1 A current sworn statement from the Contractor setting forth all Subcontractors and any material suppliers with whom the Contract has entered into subcontracts; the amount of each such subcontract; the amount requested for any Subcontractor or material supplier in the Application for Payment; and the amount to be paid to the Contractor from such final payment; .2 A current, duly executed waiver of mechanics’ and material suppliers’ liens from the Contractor conditional upon establishing receipt of payment or satisfaction of the payment requested by the Contractor in the current Application for Payment; .3 A current Subcontractor’s lien waiver for the current period, conditional only on payment from the Contractor, and duly executed, acknowledged sworn statement showing all Sub-subcontractors and material suppliers with whom the Subcontractor has entered into sub-subcontracts, the amount of each such sub- subcontract, the amount requested for any Sub-subcontractor and material supplier in the requested progress payment, and the amount to be paid to the Sub- subcontractor from such final payment to the Subcontractor; .4 A current, duly executed unconditional final waiver of mechanics’ and material suppliers’ liens from the Contractor and all Subcontractors and, when deemed appropriate by the Owner and Design Professional, from material suppliers and Sub-subcontractors establishing payment or satisfaction of payments of all amounts requested by the Contractor on behalf of such entities or persons in any previous Applications for Payment; .5 A final certificate of occupancy issued by the appropriate governmental body in which the project is located; .6 All maintenance and operating manuals; .7 Digitally marked, fully accessible electronic files (not “plot files” or “PDFs”) of both field record drawings and specifications reflecting “as-built” conditions; .8 Digitally marked, accurately dimensioned, and fully accessible electronic files (not “plot files” or “PDFs”) of drawings reflecting the location of any concealed utilities, mechanical or electrical systems, and components; .9 any special guarantees or warranties required by the Contract Documents; .10 assignments of all guarantees and warranties from subcontractors, vendors, suppliers, or manufacturers; .11 a list of the primary contact names, email addresses, physical addresses, and telephone numbers of all Subcontractors and any other persons providing guarantees and warranties; .12 all information and materials required to comply with the requirements of the Contract Documents or reasonably requested by the Owner, or the Design Professional; and .13 If required by the Owner’s title insurer, if any, the Contractor shall execute a personal gap undertaking in form and substance satisfactory to such title insurer. Section 5.2 Final Payment a. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of Exhibit A - General Conditions for the Contract for Construction, and to satisfy other requirements, if any, which necessarily survive beyond final payment; and .2 a final Certificate for Payment has been issued by the Design Professional; and. .3 the Contractor has provided, and the Owner has accepted as correct, all the information and documents required under Section 5.1.m above; and .4 a complete release of all claims arising out of, related to or connected with Contractor's performance of the respective Phase under this Agreement, and any claims of Subcontractors, subject to any claims reserved in accordance with the terms of the General Conditions and an affidavit that so far as Contractor has knowledge or information, the release includes and covers all materials and services over which Contractor has control for which a claim could be filed, subject to any claims reserved in accordance with the terms of the General Conditions. b. The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Design Professional’s final Certificate for Payment and the Contractor has provided Owner with all required documentation. Section 5.3 Interest Payments are due and payable within thirty (30) days of the date the Owner receives the Construction Manager’s approvable invoice, unless a different date for payment is provided under this Agreement. Amounts unpaid shall bear interest at the legal rate allowed by Texas Government Code Ch. 2251. Article 6. DISPUTE RESOLUTION Section 6.1 Initial Decision Maker The Owner will serve as the Initial Decision Maker pursuant to Article 15 of Exhibit A - General Conditions for the Contract for Construction. Section 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation or other alternative dispute resolution method as mutually agreed by the parties (“ADR”) pursuant to Article 15 of Exhibit A - General Conditions for the Contract for Construction, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction. Article 7. TERMINATION OR SUSPENSION Section 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of Exhibit A - General Conditions for the Contract for Construction, as amended. If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of Exhibit A - General Conditions for the Contract for Construction, then the Owner shall pay the Contractor a compensation calculated in the manner as specified in Section 14.4.c of Exhibit A - General Conditions for the Contract for Construction, as amended. Section 7.2 The Work may be suspended by the Owner as provided in Article 14 of Exhibit A - General Conditions for the Contract for Construction, as amended. Section 7.3 In the event of such termination by the Owner, the amount to be paid to the Contractor shall not exceed the amount the Contractor would have been entitled to receive under Article 5 above. Section 7.4 In no event shall the Contractor be entitled to receive “Lost Opportunity Costs”, defined as unabsorbed overhead costs or unrealized profit on this Work, future work for this Owner, other owner(s), other work, foregone opportunities for the Contractor, or other costs not directly and verifiably associated with services actually performed or Work successfully completed under this Agreement. Article 8. MISCELLANEOUS PROVISIONS Section 8.1 All references in this Agreement to Exhibit A, shall mean the Exhibit A - General Conditions for the Contract for Construction, as modified and amended by the parties hereto. Where reference is made in this Agreement to a provision of another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. Section 8.2 The Owner’s representative: City of Denton Tom Gramer Project Manager 869 Woodrow Lane Denton, Texas 76205 (940) 349-7476 tom.gramer@cityofdenton.com Section 8.3 The Contractor’s representative: (Insert Name, address, email address, and other information) « [Contractor’s Representative Name] » « [Contractor’s Representative Organization] » « [Contractor’s Representative Title] » « [Contractor’s Representative Address] » « [Contractor’s Representative Phone Number] » « [Contractor’s Representative Email Address] » Section 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. Section 8.5 Insurance and Bonds a. The Owner and the Contractor shall purchase and maintain insurance as set forth in Exhibit A - General Conditions for the Contract for Construction, Insurance and Bonds, and elsewhere in the Contract Documents. Section 8.6 « Not Used. » Section 8.7 Other Conditions and Services: a. The Contractor represents and warrants the following to the Owner (in addition to any other representation and warranties contained in the Contract Documents) as a material inducement to the Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and final completion of the Work: .1 The Contractor is financially solvent, capable of obtaining adequate insurance, able to pay all debts as they mature and possessed of sufficient working capital to complete the Work and perform all obligations hereunder; .2 The Contractor is able to furnish the physical infrastructure, tools, materials, supplies, equipment and supervision, and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; .3 The Contractor is authorized to do business in the City of Denton, and the State of Texas and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Contractor and over the Work and the Project; .4 The Contractor’s execution of this Agreement and performance thereof is within the Contractor’s duly-authorized powers; .5 The Contractor’s duly-authorized representative has visited the site of the Project and is familiar with the local conditions under which the Work is to be performed and has correlated its observations with the requirements of the Contract Documents; .6 The Contractor possesses a high level of experience and expertise in the business administration, construction, construction management and superintendence of projects of this size, complexity and nature of this particular Project and will perform the Work with the care, skill and diligence of such a contractor; .7 The foregoing warranties are in addition to, and not in lieu of, any and all other liability imposed upon the Contactor by law with respect to the Contractor’s duties, obligations, and performance hereunder; and .8 The Contractor acknowledges that the Owner is relying upon the Contractor’s skill and experience in connection with the proper, timely and diligent prosecution of the Work. b. In the event any provision contained in this Agreement conflicts with any provision contained in the Contract Documents, the more stringent provision for the Contractor, as interpreted by the Owner, shall govern. c. Some or all of the Owner’s duties, approvals and actions required under this Agreement may be provided by third parties by mutual agreement of the Owner and such third parties. When notified in writing of the specific duties and responsibilities of such third party, the Contractor will recognize the actions and approvals of the third party as sufficient to fulfill the Owner’s responsibilities under this Agreement. d. The Contractor shall provide sufficient supporting documentation in form and with a level of detail wholly acceptable to the Owner and Contractor to substantiate any Application for Payment, request for Change to the Contract Sum or Contract Time, and all contract Allowances provided within the Contractor’s Contract Sum for this scope of work. Failure to timely provide all supporting documentation, in and of itself, may result in rejection of the Application for Payment or requested change to the Contract Sum or Contract Time, or payment for work charged to the Allowance(s). e. Proof of purchase and warehouse insurance naming the Owner, Contractor and Design Professional as additional insureds, together with inspection rights for the Owner, Contractor and Design Professional is to be provided for any billed materials by the Contractor for the work not physically stored at the Project site. f. Time limits set out in or under this Agreement are solely for the protection and benefit of the Owner and create no third-party beneficiary rights in any other party. g. Notices. All legal notices, consents, approvals, demands, requests or other communications provided for or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given or served when delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: If to Owner: Tom Gramer Project Manager City of Denton 869 S Woodrow Lane Denton, Texas 76205 tom.gramer@cityofdenton.com City of Denton ATTN: Contract 8692; Purchasing Manager 901B Texas Street Denton, Texas 76209 purchasing@cityofdenton.com And with a copy to City Attorney’s point of contact: City Attorney City of Denton 215 East McKinney St. Denton, TX 76201 legal@cityofdenton.com If to Contractor: « [Contractor’s Representative Name] » « [Contractor’s Representative Organization] » « [Contractor’s Representative Title] » « [Contractor’s Representative Street Address] » « [Contractor’s Representative City, State & ZIP] » « [Contractor’s Representative Phone Number] » « [Contractor’s Representative Email Address] » If to Design Professional: Nelson + Morgan Architects, Inc. 2717 Windriver Lane, Suite 230 Denton, Texas 76210 h. All Exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. i. The numbering and captions of the sections are set forth only for convenience and reference and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. j. The parties agree that they will execute any further instrument or instruments, and that they will perform any act or acts, which are or may become necessary to effectuate any of the terms or provisions of this Agreement. k. Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Owner or Contractor. l. This Agreement has been created jointly and ambiguity cannot be construed against either party. m. This Agreement is and shall be subject to those provisions required of political subdivisions by the laws of the State of Texas. The Contractor understands that the Owner is a Texas home rule municipality and that the project is subject to applicable provisions of Texas law including bid requirements, bonding, and final settlement provisions. n. Contractor understands that certain information, including this Agreement, are public records available for public inspection and copying under the Texas Open Records Act., Texas Government Code Ch. 552, as amended, and other applicable laws. o. The Owner represents that there are sufficient funds available to undertake this Project. p. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the governmental or sovereign immunities, rights, benefits, or protections of the Owner. q. Contractor warrants that the products, processes, techniques and methodologies provided by Contractor shall not infringe upon the copyright, patent or other proprietary rights of others. r. Contractor certifies and warrants that no gratuities, kickbacks or contingency fees were paid in connection with this Agreement, nor were any fees, commissions, gifts or other considerations made contingent upon the award of this Agreement. Contractor warrants that to the best of Contractor’s knowledge, there exists no actual or potential conflict of interest, and no financial or substantial interest as may be prohibited by Texas law, the Charter, or Code of Ethics of the City of Denton between Contractor and Owner. s. Contractor shall comply with the disclosure and reporting requirements in Local Government Code Chapters 171 and 176, and Texas Government Code Sec. 2252.908. Under Sec. 2252.908, if City Council approval is required to award this Agreement or if this Agreement has a value of at least $1,000,000, the City may not enter into the Agreement unless the Contractor submits a disclosure of interested parties to the City at the time the executed Agreement is presented to the City. The disclosure must be made on the form prescribed by the Texas Ethics Commission and the City is required to submit a copy of the disclosure statement to the Texas Ethics Commission not later than the 30th day after the disclosure is received by the City. t. In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein. u. Contractor understands and agrees that TIME IS OF THE ESSENCE. v. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. Any documents submitted to the City in electronic format shall be considered equivalent to an original of such document. w. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. x. COMPLIANCE WITH CERTAIN STATE LAW .1 Prohibition on Contracts with Companies Boycotting Israel. Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. .2 Prohibition on Contracts with Companies Boycotting Certain Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” shall have the meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. .3 Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and Firearm Trade Associations. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. Failure to meet or maintain the requirements under this provision will be considered a material breach. .4 Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization. Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. .5 Termination Right for Contracts with Companies Doing Business with Certain Foreign-Owned Companies. The City of Denton may terminate this Contract immediately without any further liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country. .6 Pursuant to Chapter 2258, Texas Government Code, all contractors and any Subcontractor involved in the construction of a public work project shall pay not less than the prevailing rates as per diem wages in the locality at the time of construction to all laborers, workmen and mechanics employed by them in the execution of this contract. Contractor shall assure that these requirements are met for the Project and shall insure that every contract or subcontract relating to the Work requires, on behalf of Owner, that the prevailing wage rates be paid. .6 The Contractor shall be provided an applicable Department of Labor Wage Rate Determination for use on the Project required by Chapter 2258.022, Texas Government Code. In the event the Owner does not provide this Labor Wage Rate Determination, the Contractor shall request it in writing in a timely manner, so as not to delay the Construction Manager’s initial subcontractor procurement process during preconstruction. The Construction Manager shall, if requested by the Owner, assist the Owner in conducting a survey of the wages paid, by labor class, on projects of a similar type in a similar location. Article 9. ENUMERATION OF CONTRACT DOCUMENTS Section 9.1 This Agreement is comprised of the following documents: .1 Stipulated Sum Vertical Construction Contract .3 Exhibit “A” – General Conditions of the Contract for Construction .2 Exhibit “B” – Drawings and Specifications (On File with Purchasing Manager) .3 Specifications See Exhibit “B” – Drawings and Specifications (On File with Purchasing Manager) .4 Addenda, if any: See Exhibit “B” – Drawings and Specifications (On File with Purchasing Manager) Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .5 Other Exhibits: Exhibit “C” – Key Personnel Exhibit “D” – None Exhibit “E” – None Exhibit “F” – Unit Costs Exhibit “G” – Initial Schedule of Values Exhibit “H” – Contractor’s Construction Schedule Exhibit “I” – Escrow Agreement Exhibit “J” – Conflict of Interest Questionnaire Exhibit “K” – Proposal Form Exhibit “L” – Prevailing Wage Rates Exhibit “Y” – Contractor’s Insurance Certificate(s) and Bonds (To be Completed after Contract Award) .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. Exhibit A provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) « » This Agreement entered into as of the day and year first written above. CITY: CITY OF DENTON, TEXAS BY: _____________________________ SARA HENSLEY CITY MANAGER ATTEST: LAUREN THODEN, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ CONTRACTOR: [CONTRACTOR NAME] BY: _____________________________ [NAME] [TITLE] THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT 00 61 15 PERFORMANCE BOND - CSP Page 1 of 2 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 61 15 1 PERFORMANCE BOND - CSP 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF DENTON § 6 That we, _____________________________________________________, known as 7 “Principal” herein and ____________________________________________, a corporate 8 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 9 “Surety” herein (whether one or more), are held and firmly bound unto the City of Denton, a Texas 10 home-rule municipal corporation created pursuant to the laws of Texas, known as “City” herein, in 11 the penal sum of, ___________________________________________ Dollars 12 ($_______________________), lawful money of the United States, to be paid in Denton, Denton 13 County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our 14 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 15 presents. 16 WHEREAS, the Principal has entered into a certain written Agreement with the City 17 awarded the _____ day of ________________, 20___, which Agreement is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 19 labor and other accessories defined by law, in the prosecution of the Work, including any Change 20 Orders, as provided for in said Agreement designated as HVAC Upgrades for City of Denton Fleet 21 Service. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Agreement and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Agreement, according to the 25 plans, specifications, and Agreement documents therein referred to, and as well during any period 26 of extension of the Agreement that may be granted on the part of the City, then this obligation shall 27 be and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 the state district courts of Denton County, Texas. 30 00 61 15 PERFORMANCE BOND - CSP Page 2 of 2 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 1 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 2 accordance with the provisions of said statue. 3 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 4 instrument by duly authorized agents and officers on this the ______ day of ________________, 5 20 ______. 6 PRINCIPAL: 7 ____________________________________ 8 ____________________________________ 9 10 BY: ________________________________ 11 Signature 12 ATTEST: 13 14 ______________________________ ____________________________________ 15 (Principal) Secretary Name and Title 16 17 Address: ____________________________ 18 ____________________________ 19 ____________________________ 20 _____________________________ 21 Witness as to Principal 22 SURETY: 23 ____________________________________ 24 ____________________________________ 25 26 BY: ________________________________ 27 Signature 28 29 ____________________________________ 30 Name and Title 31 32 Address: ____________________________ 33 ____________________________ 34 ____________________________ 35 _____________________________ 36 Witness as to Surety Telephone Number: ___________________ 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety’s physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Agreement is awarded. 44 45 00 61 16 PAYMENT BOND - CSP Page 1 of 2 CITY OF DENTON [Insert Proposal Number] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Engineering Project Number] Revised November 23, 2020 Effective January 15, 2021 SECTION 00 61 16 1 PAYMENT BOND - CSP 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF DENTON § 6 That we, _____________________________________________________, known as 7 “Principal” herein, and _________________________________________________________, a 8 corporate surety (sureties), duly authorized to do business in the State of Texas, known as “Surety” 9 herein (whether one or more), are held and firmly bound unto the City of Denton, a Texas home-10 rule municipal corporation created pursuant to the laws of the State of Texas, known as “City” 11 herein, in the penal sum of___________________________________________ Dollars 12 ($_______________________), lawful money of the United States, to be paid in Denton, Denton 13 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 14 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 15 WHEREAS, Principal has entered into a certain written Agreement with City, awarded 16 the _____ day of ______________________, 20_____, which Agreement is hereby referred to and 17 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 18 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 19 said Agreement and designated as HVAC Upgrades for City of Denton Fleet Service 20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 21 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 22 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 23 the Agreement, then this obligation shall be and become null and void; otherwise to remain in full 24 force and effect. 25 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 26 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 27 accordance with the provisions of said statute. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 the state district courts of Denton County, Texas. 30 00 61 16 PAYMENT BOND - CSP Page 2 of 2 CITY OF DENTON [Insert Proposal Number] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Engineering Project Number] Revised November 23, 2020 Effective January 15, 2021 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 1 this instrument by duly authorized agents and officers on this the _____ day of ________________, 2 20 ______. 3 4 PRINCIPAL: _________________________________ _________________________________ ATTEST: BY: _____________________________ Signature ___________________________________ (Principal) Secretary _____________________________ Name and Title Address: _________________________ _________________________ ___________________________________ Witness as to Principal SURETY: _________________________________ _________________________________ ATTEST: BY: _____________________________ Signature __________________________________ (Surety) Secretary _____________________________ Name and Title Address: _________________________ __________________________________ _________________________ Witness as to Surety Telephone Number: ________________ 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 6 showing that this person has authority to sign such obligation. If Surety’s physical address is 7 different from its mailing address, both must be provided. 8 9 THE DATE OF THE BOND SHALL NOT BE PRIOR 10 TO THE DATE THE AGREEMENT IS AWARDED. 11 END OF SECTION 12 00 61 20 MAINTENANCE BOND - CSP Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15,2021 SECTION 00 61 20 1 MAINTENANCE BOND - CSP 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS: 5 COUNTY OF TARRANT § 6 That we_____________________________________________________, known as 7 “Principal” herein and ____________________________________________, a corporate surety 8 (sureties, if more than one) duly authorized to do business in the State of Texas, known as “Surety” 9 herein (whether one or more), are held and firmly bound unto the City of Denton, a Texas home-10 rule municipal corporation created pursuant to the laws of the State of Texas, known as “City” 11 herein, in the sum of _________________________________________ Dollars 12 ($_______________________), lawful money of the United States, to be paid in Denton, Denton 13 County, Texas, for payment of which sum well and truly be made unto the City and its successors, 14 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 15 severally, firmly by these presents. 16 17 WHEREAS, the Principal has entered into a certain written Agreement with the City 18 awarded the ______ day of ________________, 20 _____, which Agreement is hereby referred to 19 and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 20 labor and other accessories as defined by law, in the prosecution of the Work, including any Work 21 resulting from a duly authorized Change Order (collectively herein, the “Work”) as provided for in 22 said Agreement and designated as HVAC Upgrades for City of Denton Fleet Service and 23 24 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 25 accordance with the plans, specifications and Agreement Documents that the Work is and will 26 remain free from defects in materials or workmanship for and during the period of two (2) years 27 after the date of Final Acceptance of the Work by the City (“Maintenance Period”); and 28 29 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 30 receiving notice from the City of the need therefor at any time within the Maintenance Period. 31 32 00 61 20 MAINTENANCE BOND - CSP Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15,2021 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 1 any defective Work, for which timely notice was provided by City, to a completion satisfactory to 2 the City, then this obligation shall become null and void; otherwise to remain in full force and 3 effect. 4 5 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 6 noticed defective Work, it is agreed that the City may cause any and all such defective Work to be 7 repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the 8 Surety under this Maintenance bond; and 9 10 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 11 the state district courts of Denton County, Texas; and 12 13 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 14 recoveries may be had hereon for successive breaches. 15 16 17 18 00 61 20 MAINTENANCE BOND - CSP Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15,2021 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 1 instrument by duly authorized agents and officers on this the ______ day of ________________, 2 20 ______. 3 4 PRINCIPAL: 5 ____________________________________ 6 ____________________________________ 7 8 BY: ________________________________ 9 Signature 10 ATTEST: 11 12 ______________________________ ____________________________________ 13 (Principal) Secretary Name and Title 14 15 Address: ____________________________ 16 ____________________________ 17 ____________________________ 18 _____________________________ 19 Witness as to Principal 20 SURETY: 21 ____________________________________ 22 ____________________________________ 23 24 BY: ________________________________ 25 Signature 26 27 ____________________________________ 28 ATTEST: Name and Title 29 30 _____________________________ Address: ____________________________ 31 (Surety) Secretary ____________________________ 32 ____________________________ 33 _____________________________ 34 Witness as to Surety Telephone Number: ___________________ 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety’s physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Agreement is awarded. 40 41 This page intentionally left blank 00 61 26 CERTIFICATE OF INSURANCE - CSP Page 1 of 1 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15,2021 SECTION 00 61 26 1 CERTIFICATE OF INSURANCE - CSP 2 3 4 5 [Assembler: For Contract Document execution, remove this page and replace with standard 6 ACORD Certificate of Insurance form.] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 Section 00 72 00 Exhibit A – General Conditions for the following PROJECT: HVAC Upgrades for City of Denton Fleet Service proposal #8692 THE OWNER: City of Denton 215 East McKinney Street Denton, Texas 76201 THE DESIGN PROFESSIONAL: Nelson + Morgan Architects, Inc. Kelly Morgan, President 2717 Wind River Lane, STE 230 Denton, TX 76210 TABLE OF CONTENTS 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 DESIGN PROFESSIONAL 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Article 1. GENERAL PROVISIONS Section 1.1 Basic Definitions a. The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Proposal Documents, Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Design Professional. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. b. The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Design Professional or the Design Professional’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Design Professional or the Design Professional’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Design Professional shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Design Professional’s duties. This Agreement was the result of negotiations between the Owner and Contractor, and has been reviewed by the Owner, Contractor and their respective counsel. Accordingly, this Agreement shall be deemed to be the product of both parties and no ambiguity shall be construed in favor of or against either party. The terms “Agreement” and “Contract” shall be used interchangeably to have the same meaning as defined in this Section 1.1.b. c. The Work The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, supplies, skill, supervision, transportation, support services, facilities and other resources necessary or proper or incidental to the carrying out and completion of the terms of the contract and all other items of cost or value needed to produce, construct and fully complete the Work identified by the Contract Documents. The Work may constitute the whole or a part of the Project. d. The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. e. The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. f. The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. g. Design Documents Design Documents are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Design Professional and the Design Professional’s consultants under their respective professional services agreements. Design Documents may include, without limitation, studies, surveys, models, sketches, drawings, specifications, the Project Manual and other similar materials. h. Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions. i. The Indemnitees The Owner, which includes the Mayor, members of the City Council, employees, agents, assigns, and other city officers, the Owner’s consultants, the Design Professional, Design Professional’s consultants, and the agents and employees of any of them shall hereafter be known as the “Indemnitees”. j. Construction Management Plan The Construction Management Plan is prepared by the Contractor for its use in managing the Work and is not a Contract Document. The Construction Management Plan must include, at a minimum and without limitation, the following separate deliverables, which are subject to review and approval by the Design Professional and Owner: i. Safety and Logistics Plan; ii. Contractor’s Construction Schedule; iii. Cost Management Plan, Control Estimate and Schedule of Values; iv. Quality Management, Commissioning and Turnover Plan; and v. Information Management System. k. As-Built Documents The As-Built Documents are the Drawings, Specifications, and addenda thereto that may be updated by the Contractor to accurately reflect the actual Work in place, including without limitation, the incorporation of Change Orders, responses to the Contractor’s requests for information, Design Professional’s supplemental instructions, field modifications, and other similar changes made to the Work during construction. The As-Built documents shall conform to the format and compatibility requirements of Section 3.10.1.i. l. Work Breakdown Structure The project’s Work Breakdown Structure (“WBS”) is a deliverable-oriented, hierarchical organization of the Project components to be executed by the Owner, and its accompanying numbering system. The WBS will be mutually agreed upon by the Owner and Design Professional and used by the Contractor. m. Equal to (or Approved Equal) Products by manufacturers and information about those products other than those products specified in the Contract Documents which the Contractor may submit for substitution as equal to those products specified in the Contract Documents; which may be incorporated in the Work after using the process specified in the Contract Documents for review and acceptance by the Design Professional and acceptance of same by the Owner. n. Underground Facilities All underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. o. Force Majeure An act of God, fire, tornado, hurricane, flood, earthquake, explosion, war on American soil, civil disturbance, labor strikes, and similar unavoidable circumstances beyond Contractor’s control, not caused by the negligent act or omission of Contractor or breach of this Agreement, its Subcontractors, or anyone else for whom Contractor is responsible, and not caused by Contractor’s breach of a project labor or a "no strike" agreement. p. Knowledge The terms "knowledge," "recognize" and "discover," their respective derivatives and similar terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows or should know, recognizes or should recognize and discovers or should discover in exercising the care, skill, and diligence of a diligent and prudent contractor familiar with the Work. Analogously, the expression "reasonably inferable" and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a diligent and prudent contractor familiar with the Work and in accordance with the highest standards in the construction profession. q. Proposal The offer or proposal of an Offeror submitted on the prescribed form setting forth the prices for the Work to be performed. r. Offeror The individual or entity that submits a Proposal directly to City. s. Proposal Documents The Proposal Requirements and the proposed Contract Documents including all addenda. t. Proposal Requirements The Advertisement or Request for Proposal, Invitation to Offerors, Instructions to Offerors, Offeror’s Bond or other Proposal security, the Proposal Form, and the Proposal with any attachments. u. Notice of Award A written notice given by City to the Successful Offeror stating that upon timely compliance by the Successful Offeror with the conditions precedent listed in such notice, City will sign and deliver the Agreement. v. Calendar Day A day consisting of 24 hours measures from midnight to the next midnight. A “day” or “Day” unless otherwise defined shall mean a Calendar Day. w. Business Day A day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. x. Notice to Proceed A written instrument from the Owner to the Contractor requiring the Contractor to proceed with performance of activities, including, but not limited to development of submittals, ordering of materials, and any other services (the “Preconstruction Services”) required to prepare for and expedite the construction of the Work as required by the Contract Documents; and complete the Work (the “Construction Services”). Section 1.2 Correlation and Intent of the Contract Documents a. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Where a conflict occurs between or within standards, specifications, and drawings, the more stringent or higher quality requirements shall apply. The precedence and coordination of the Contract Documents are as follows: .1 Any addenda and modifications to the Drawings and Specifications take precedence over any earlier Contract Documents. .2 Should there be a conflict within the Specifications, or within the Drawings, or between the Drawings and Specification, the Design Professional shall decide which stipulation will provide the best installation and its decision shall be final. .3 The Drawing and Specifications are intended to coordinate with each other. Anything shown on the Drawings but not mentioned in the Specification or vice-versa, or anything not expressly set forth in either, but which is reasonably implied, shall be furnished as though specifically shown and mentioned in both without any extra charge. .4 The Drawings, for purposes of clearness and legibility, are essentially diagrammatic, and although the sizes and locations of equipment are shown to scale wherever possible, the Contractor, Subcontractors, and Sub-subcontractors are required to familiarize themselves with all the Work required by the Contract Documents. Each Contractor, Subcontractor, and Sub-subcontractor shall properly coordinate its work with that of the Owner and all Separate Contractors. It is not within the scope of the Drawings to show all necessary offsets, obstructions or structural conditions. It shall be the responsibility of each Contractor to plan, coordinate, and install its work in such a manner so as to conform to the structure. Any conflict within the Drawings shall be referred to the Design Professional for disposition prior to the installation of any affected work. .5 Figured dimensions contained in the Contract Documents shall be accurately followed, even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not figured, shall be executed until instructions have been obtained from the Design Professional as to the dimensions to be used. Larger scale Drawings shall have preference over smaller scale drawings, but discrepancies shall be referred to the Design Professional for interpretation. .6 Underground Facilities Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others, unless it is otherwise expressly provided in the Supplementary Conditions: City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: reviewing and checking all information and data; verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; coordination and adjustment of the Work with the owners (including City) of such Underground Facilities, during construction; and the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. Not Shown or Indicated: If an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings or otherwise indicated in the Contract Documents, or was not shown or indicated on the Drawings or in the Contract Documents with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith, identify the owner of such Underground Facility and give notice to that owner and to City. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences, subject to the provisions of Article 7. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. .7 Reliance by Contractor on Technical Data: Contractor is provided certain technical data with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness or accuracy of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. i. The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. b. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. c. Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Section 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents that are a part of this Contract. Section 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Section 1.5 Ownership and Use of Design Documents a. Submittal or distribution of the Design Documents or any portion thereof to meet official laws, statutes, ordinances and regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Owner’s reserved rights. b. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers are authorized to use and reproduce the Design Documents provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Design Documents. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Design Documents on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. Section 1.6 Notice a. Except as otherwise provided in Section 1.6.b, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. In the event notice is provided by mail, it shall be sent certified return receipt requested. b. Notice of Claims as provided in Section 15.1.c shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. Section 1.7 Digital Data Use and Transmission a. The parties shall agree upon protocols governing the transmission and use of Design Documents or any other information or documentation in digital form. The parties will establish the protocols for the development, use, transmission, and exchange of digital data in writing, as mutually agreed. b. The Contractor, at any time upon the request of the Owner, shall immediately return and surrender to the Owner, without limitation, all electronic and hard copies of any Project-related materials, records, notices, memoranda, recordings, drawings, specifications, mock-ups and any other documents furnished by the Owner or the Design Professional to the Contractor. Section 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without written agreement to protocols governing the use of, and reliance on, the information contained in the model, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. Section 1.9 The representations and warranties contained in the Contract Documents shall survive the complete performance of the Work or earlier termination of this Agreement. Article 2. OWNER Section 2.1 General a. The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.a, the Design Professional does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. b. The Owner shall furnish the following information to a person, including the Design Professional or Contractor, who makes a request for information under Texas Government Code Chapter 2253, related to a payment or performance bond: (1) a certified copy of a payment bond and any attachment to the bond; (2) the public work contract for which the bond was given; and (3) the toll- free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, for obtaining information concerning licensed insurance companies. c. The Owner may obtain independent review(s) of the Design Professional’s Design Documents, or of any document or other materials submitted by the Contractor, by a separate architect, engineer, contractor, cost estimator or any other consultant they deem necessary and put under contract to or cause to be employed by the Owner. Such independent review shall be undertaken at the Owner’s expense in a timely manner and shall not delay the orderly progress of the Work. The Design Professional and Contractor shall cooperate with such Owner’s other consultants fully and respond to their reviews and comments in writing in a timely and comprehensive manner. This provision shall not be interpreted to require the Owner to obtain an independent review or imply that the Owner is in any way assuming responsibility for the work of the Design Professional and Contractor. Section 2.2 Evidence of the Owner’s Financial Arrangements a. Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. b. Following commencement of the Work and within ten (10) business days of written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.b, the Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. c. After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. d. Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose “confidential” information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose “confidential” information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. Notwithstanding the above, all Agreements with the Owner shall have all references to compensation redacted before disclosing to Subcontractors, sub- Subcontractors, or any other tier of vendor. Section 2.3 Information and Services Required of the Owner a. Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.a, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. b. The Owner shall retain a Design Professional lawfully licensed to practice architecture or engineering as applicable, or an entity lawfully practicing architecture or engineering, as applicable, in the jurisdiction where the Project is located. That person or entity is identified as the Design Professional in the Agreement and is referred to throughout the Contract Documents as if singular in number. c. If the employment of the Design Professional terminates, the Owner shall employ a successor whose status under the Contract Documents shall be that of the Design Professional. d. The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. e. The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. f. Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.b. g. The foregoing are, without limitation and in addition to, the other duties and responsibilities of the Owner specified in Article 6; Article 9; and Article 11. Section 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.c nor shall the exercise of the Owner’s right hereunder give rise to any claim by Contractor for additions to the Contract Sum or Contract Time. Section 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within forty-eight (48) hours from receipt of written notice from the Owner or Design Professional to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. The Design Professional may, at the direction of the Owner, pursuant to Section 9.5.a, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Design Professional’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Design Professional, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. Section 2.6 Extent of Owner Rights a. The rights stated in this Article 2 and elsewhere in the Contract Documents are cumulative and not in limitation of any rights of the Owner granted in the Contract Documents; at law; or in equity. b. In no event shall the Owner or Design Professional have control over, charge of, or any responsibility for construction means, methods, techniques, sequences, or procedures or for safety precautions and programs in connection with the Work. Notwithstanding anything else herein, and without limitation, any review(s), independent or otherwise, or approval(s) by the Owner or Design Professional of the Design Documents, the Contract Documents, the Contractor’s Construction Management Plan(s), the Contractor’s Construction Schedule, shop drawings, submittals, meeting minutes or other Contractor’s services, deliverables or activities; nor the exercising of any of the rights and authority granted the Owner or Design Professional in the Contract Documents shall in any way reduce, diminish, or otherwise affect the Contractor's responsibilities, duties and accountability to the Owner for, without limitation, the construction means, methods, techniques, sequences, procedures or for safety precautions, and the provision of the Work per the requirements of the Contract Documents. c. The Owner reserves the right to have the Contractor and/or subcontractors remove person(s) and/or personnel from any and all work on the Project for cause but without cost to the Owner. Such requests from the Owner will be made in writing and may be done directly or indirectly through the Design Professional/Engineer or on-site representative. “Cause” may include, but is not limited to, any of the following: incompetence, poor workmanship, poor scheduling abilities, poor coordination, disruptive to the project, the facility or others, poor management, cause delay or delays, will not strictly adhere to facility procedures and project requirements either willfully or unknowingly, insubordination, drug/alcohol use, possession of contraband, belligerent acts or actions, etc. The Contractor shall provide replacement person(s) and/or personnel acceptable to the Owner at no cost to the Owner. Article 3. CONTRACTOR Section 3.1 General a. The Contractor is the person or entity identified as such in the Contract or Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located, Denton County, Texas. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. b. The Contractor shall perform the Work in accordance with the Contract Documents. c. The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Design Professional in the Design Professional’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. Section 3.2 Review of Contract Documents and Field Conditions by Contractor a. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Prior to execution of the Agreement, the Contractor and each Subcontractor have evaluated and satisfied themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation, (i) the location, condition, layout, and nature of the Project site and surrounding areas and generally prevailing climatic conditions; (ii) anticipated labor supply and costs; (iii) availability and cost of materials, tools, and equipment; and (iv) other similar issues. The Owner and Design Professional assume no responsibility or liability for the physical condition or safety of the Project site, or any improvements located on the Project site. Except as set forth in Section 10.3, the Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner and Design Professional shall not be required to make any adjustment in either the Contract Sum or the Contract Time in connection with any failure by the Contractor or any Subcontractor to have complied with the requirements of this Section 3.2.a. b. Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.d, shall take field measurements of and verify any existing conditions related to that portion of the Work, and shall observe and verify the impact of any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Design Professional any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Design Professional may require. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Design Professional, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction per Section 12.2. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. c. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Design Professional any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Design Professional may require. d. If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Design Professional issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.b or 3.2.c, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.b or 3.2.c, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.g, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Design Professional for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities unless such error, inconsistency or omission could be ascertained from a careful study of the Contract Documents in its capacity as a contractor and not as a design professional. Section 3.3 Supervision and Construction Procedures a. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work in accordance with the Contract Documents. b. The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. c. The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. d. The Contractor shall carefully check its own work and that of Subcontractors as the Work is being performed. e. During the finishing stages of the project, the Contractor shall make frequent inspections of the Work, with the applicable Subcontractor(s) involved, if any, with seven (7) days advance notice to the Design Professional, and the Contractor shall identify incorrect and faulty Work. f. The Contractor shall ensure that incorrect or faulty Work is corrected immediately. g. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Design Professional in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. Section 3.4 Labor and Materials a. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. b. The Contractor is encouraged to consider products and systems that improve the project and retain the character of the products specified, but do not alter the intent of the project. However, except in the case of minor changes in the Work authorized by the Design Professional in accordance with Sections 3.12.h or 7.4, the Contractor may make substitutions only by a formal request for substitution of products in place of those specified with the consent of the Owner, after evaluation by the Design Professional in accordance with the conditions set forth below and elsewhere in the Contract Documents, and a Change Order or Construction Change Directive. The Contractor must submit to the Design Professional and the Owner, for each proposed substitution: .1 A full explanation of the proposed substitution and submittal of all supporting data, including technical information, catalog “cut sheets”, warranties, test results, installation instructions, operating procedures, and other like information necessary for a complete evaluation of the substitution; .2 A written explanation of the reasons the substitution is advantageous and necessary, including the benefits to the Owner and the Work in the event the substitution is acceptable; .3 The adjustment, if any, in the Contract Sum, in the event the substitution is acceptable; .4 The adjustment, if any, in the time of completion of the Contract and the Contractor’s Construction Schedule in the event the substitution is acceptable; .5 An affidavit stating that (1) the proposed substitution conforms to and meets all the requirements of the pertinent Specifications and the requirements shown on the Drawings, and (2) the Contractor accepts the warranty and correction obligations in connection with the proposed substitution as if originally specified by the Design Professional; .6 Proposals for substitutions shall be submitted electronically to the Design Professional and the Owner’s other consultants, if any, in sufficient time to allow no less than ten (10) business days for their respective reviews; .7 No substitutions will be considered or allowed without the Contractor's submittal of complete substantiating data and information as stated herein; and .8 Substitutions and alternates may be rejected without explanation and will be considered only under one or more of the following conditions: (1) the proposal is required for compliance with interpretation of code requirements or insurance regulations then existing; (2) specified products are unavailable through no fault of the Contractor; (3) subsequent information discloses the inability of specified products to perform properly or to fit in the designated space; (4) the manufacturer/fabricator refuses to certify or guarantee the performance of the specified product as required; and (5) when, in the judgment of the Owner or the Design Professional, a substitution would be substantially in the Owner's best interests, in terms of cost, time, or other considerations; and .9 Whether or not any proposed substitution is accepted by the Owner, the Owner’s other consultants, if any (if any), or the Design Professional, the Contractor shall reimburse the Owner for any fees charged by the Design Professional, and the Owner’s other consultants for evaluating each proposed substitute. c. The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. Smoking and chewing of tobacco products is prohibited in enclosed new construction. No glass bottles shall be brought on the construction site or Owner’s property by any construction personnel. d. All work under this Agreement shall be performed in a skillful and workmanlike manner in accordance with the highest industry standards. e. The Contractor shall only employ or use labor in connection with the Work capable of working harmoniously with all trades, crafts, and any other individuals associated with the Project. The Contractor shall also use best efforts to minimize the likelihood of any strike, work stoppage, or other labor disturbance. .1 If the Work is to be performed by trade unions, the Contractor shall make all necessary arrangements to reconcile, without delay, damage, or cost to the Owner and without recourse to the Design Professional or the Owner, any conflict between the Contract Documents and any agreements or regulations of any kind at any time in force among members or councils that regulate or distinguish the activities that shall not be included in the work of any particular trade; and .2 In case the progress of the Work is affected by any undue delay in furnishing or installing any items or materials or equipment required under the Contract Documents because of such conflict involving any such labor agreement or regulation, the Owner may require that other material or equipment of equal kind and quality be provided pursuant to a Change Order or Construction Change Directive. Section 3.5 Warranty a. The Contractor warrants to the Owner and Design Professional that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Design Professional, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. THE CONTRACTOR SHALL DEFEND AND HOLD THE OWNER HARMLESS AGAINST ANY CLAIM, DEMAND, LOSS, OR DAMAGE BY ANY BREACH OF THIS WARRANTY, AND CONTRACTOR ACKNOWLEDGES IT SHALL NOT LIMIT SUCH WARRANTY BY THE PROVISIONS OF SECTION 12.2. b. All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner and shall commence in accordance with Section 9.8.d. c. When written warranties are specified, the document shall include the following information: Name and address of Project and Owner; Article, materials, or systems covered; Name and address of Installer; Name and address of Contractor; and Signature of individual authorized to sign contracts for the company issuing the warranty. d. The following minimum warranty terms shall be incorporated: .1 Duration shall be one year or as otherwise specified, dated from the Date of Substantial Completion; .2 The article, material or system is free from defective materials and workmanship; .3 Costs of repair or replacement shall not accrue to the Owner, including, without limitation, repair or replacement of other work disturbed by, or because of, repair or replacement; and .4 The warranty period of two years, or as otherwise specified, shall recommence upon the identification and completion by Contractor and acceptance by Owner of any warranty claim during the initial two-year (2) warranty period. e. Warranties which are provided by a manufacturer for its product shall be received by the Contractor, filled out and filed with the manufacturer or other appropriate entity in coordination with the Owner. Certificates or registration stubs shall be included with the record documents submitted for the Owner upon completion of the Work. The Owner shall administrate manufacturer’s warranties/guarantees after expiration of the Contractor’s warranty. f. Temporary or trial usage by the Owner of any mechanical device, machinery, apparatus, equipment, or any work or material supplied under the Contract Documents before final completion and written acceptance by the Design Professional and Owner shall not be construed as evidence of the Design Professional’s or the Owner’s acceptance of same, or the commencement of any warranty periods. g. The Owner has the privilege of such temporary or trial usage, for such reasonable time as the Owner, or the Design Professional deem proper. The Contractor shall make no claims for damage or injury to, or breaking of, any parts of such work which may be caused by weakness or insufficiency of structural parts, or by defective materials or workmanship. h. The Contractor may, without cost to the Owner, make such trial usage. However, trials shall only be conducted with the Design Professional's prior approval and under its observation as may be required by either of them. Equipment and/or materials shall be replaced or returned to “as new” condition prior to acceptance by the Owner. i. The Contractor agrees to assign to the Owner at the time of final completion of the Work any and all manufacturer’s warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties. j. If necessary as a matter of law, the Contractor may retain the right to enforce directly any such manufacturers’ warranties during the one (1) year period following the date of Substantial Completion described in Section 12.2.b. Section 3.6 Taxes The Contractor shall, to the extent not exempted under Section 13.11.i herein, pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. In no event shall the Owner pay the Contractor for taxes that were not properly due or for which the Owner is exempt from paying under Texas law. Section 3.7 Permits, Fees, Notices and Compliance with Laws a. Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permit. The Owner shall also pay for any applicable gas, water, sewer and electrical service application fees; assessments against the property, including property tax, developmental excise and similar taxes; sewer, water, and related utility tap fees; and sewer plant improvement fees, unless exempted under Texas law. The Contractor shall secure and pay for all other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. b. The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. c. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, regardless of whether such work is in accordance with Contract Documents, and without notice to the Design Professional that the Contract Documents are at variance with applicable laws, ordinances, rules, or regulations, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. Codes and ordinances shall take full and complete precedence over anything contained in the Drawings, Specifications, or other Contract Documents, except where the Contract Documents call for Work or materials of higher standards than those required by codes or ordinances, in which case, the Contract Documents shall govern. Nothing contained in the Contract Documents shall be construed as authority for the Contractor to violate any applicable codes or ordinances in effect at the site. d. Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Design Professional before conditions are disturbed and in no event later than seven (7) days after first observance of the conditions. The Design Professional will promptly investigate such conditions and, if, in the Design Professional’s opinion, they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If, in the Design Professional’s opinion, the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Design Professional shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Design Professional’s recommendation, that party may submit a Claim as provided in Article 15. i. In no event shall any adjustment in the Contract Sum or Contract Time be made for conditions which should have been known to the Contractor or would have been noticed by a Contractor of similar size and experience pursuant to its on-site inspection; by way of or conditions referenced in any other inspections or tests concerning the site which have been made available to the Contractor or have been performed by the Contractor or its Subcontractors; are part of the Contract Documents; or are part of the materials provided by the Contractor to be used in constructing the improvements. e. If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Design Professional. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. f. The Contractor shall comply with all applicable laws, statutes, rules, codes, orders, regulations, and ordinances, including, but not limited to, all immigration, environmental and safety laws, statutes, rules, codes, orders and regulations. .1 The Contractor shall also maintain at all times during the term of the this Agreement (and for the time otherwise required by law) all records required by the United States Citizenship and Immigration Services (“USCIS”), including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees and shall respond at all times during the term of this Agreement in a timely fashion to any inspection request related to such I-9 forms by the Contractor, Owner or governmental agency or authority; .2 Furthermore, during the term of this Agreement, and for the time otherwise required by law, Contractor shall cause its officers, directors, managers, agents, and employees to cooperate fully in all respects with any audit, inquiry, inspection, or investigation that may be conducted by the USCIS of the Contractor or any of its employees or subcontractors; .3 The Contractor shall immediately, and in any event within two (2) hours of Contractor’s first notice of an event described in this Section 3.7.f notify the Owner in writing and by in-person voice communications (not voicemail) of any unscheduled inspections, raids, investigations, inquiries, visits, or audits conducted by the USCIS, OSHA, or any other governmental agency or authority related to environmental, immigration, or employee safety issues of the Contractor, its agents, employees, its Design Professional, Subcontractors, or Sub-subcontractors; .4 The Contractor shall, on a monthly basis during the term of this Agreement, conduct an audit of the I-9 forms for its employees and shall promptly correct any defects or deficiencies that are identified as a result of such audit; .5 The Owner may, at its sole discretion, terminate this Agreement immediately if, at any time during the term of this Agreement, the Contractor violates or is in breach of any provision of this Section 3.7.f or the USCIS determines that Contractor has not complied with any of the immigration laws, statutes, rules, codes, or regulations of the United States or any applicable state laws or regulations, or any applicable local ordinances, including, without limitation, the Immigration Reform and Control Act of 1986, as amended, and the Illegal Immigration Reform and Immigration Responsibility Act of 1996, as amended, and any successor statutes thereto; .6 If an employee of the Contractor or if the Contractor is later determined to not have valid I-9 information then that employee shall be removed and barred from the Project site at the Contractor’s expense; and .7 The Contractor shall require the Subcontractors, Sub-subcontractors and material suppliers to make the representations and warranties set forth in this Section 3.7.f and to be bound by the same requirements set forth herein. Section 3.8 Allowances a. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. b. Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.b.1 and (2) changes in Contractor’s costs under Section 3.8.b.2. c. Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. Section 3.9 Superintendent a. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work including, but not limited to, weekends, evenings and nights, or as otherwise reasonably and mutually agreed in writing with the Owner, until all punch list items have been completed to the satisfaction of the Design Professional. No subcontractor shall perform work on the site without the presence of the Superintendent or Assistant Superintendent. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. b. The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Design Professional of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Owner or the Design Professional may notify the Contractor, stating whether the Owner or the Design Professional (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Design Professional to provide notice within the 14-day period shall constitute notice of no reasonable objection. c. All of the Contractor’s proposed on-site personnel must be approved by the Design Professional and Owner. The Contractor shall not employ a proposed superintendent to whom the Owner or Design Professional has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. Substitution or other significant personnel changes which may affect the Contractor’s on- site personnel must be preceded by written notification of the Design Professional and Owner no less than seven (7) business days before the anticipated event. Such proposed changes must be approved by the Design Professional and Owner. The Contractor shall designate a second person in charge in writing in the event the Superintendent is temporarily absent due to illness, vacation, or any other cause(s). Section 3.10 Contractor’s Construction and Submittal Schedules i. Where the Contract is based on a Stipulated Sum, the Contractor, immediately after being awarded the Work, and before execution of the Agreement, shall meet at a Preconstruction Conference with the Owner for the purpose of reviewing the Contractor’s proposed Construction Management Plan; assisting the Owner with further developing the Master Project Schedule; and integrating the Work of the Contractor into that of the Owner and all Separate Contractors, if any. ii. The Contractor’s Project Schedule must include all the following: .1 Use precedence format, critical path method scheduling without the use of artificial activity constraints or “negative float”; .2 Use software, techniques and methods satisfactory to the Owner; .3 Provide an electronic and graphic representation of all activities and events that will occur during performance of the Work; .4 Identify each subproject, to include, without limitation preconstruction, construction, commissioning, turnover of the Work, and Owner’s occupancy; .5 Set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as “Contractual Milestone Dates”); .6 Upon review by the Design Professional and written review and acceptance by the Owner of the Contractual Milestone Dates, the Contractor’s Project Schedule shall be deemed part of the Contract Documents and provided to the Owner as a submittal; .7 If not accepted, the Contractor’s Project Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the Owner and resubmitted for acceptance; .8 Submission of an updated Contractor’s Project Schedule with each Application for Payment shall be a mandatory condition precedent to the payment by the Owner to the Contractor pursuant to an Application for Payment, and the Owner shall not be obligated to make payment if the Contractor fails to include an updated Contractor’s Project Schedule reflecting the then-current conditions on the Project and the anticipated progress of Work based on those conditions; and .9 All requests for change orders, modifications or additional compensation from the Contractor affecting the Contract Time or Contract Sum shall include a detailed schedule with both data and graphics showing the specific effect of the changed, modified or differing condition(s) on the critical path of the Contractor’s Project Schedule. iii. The Contractor, prior to preparing the Construction Management Plan and attending the Preconstruction Conference, will have reviewed the sequences, durations, sequencing and dependencies of activities, material deliveries, and sequenced man-hour staffing to complete the Work. Work activities which have an installed value of twenty thousand dollars ($20,000) or more will be broken down into major products or operations except where mutually agreed otherwise by Contractor and Owner, and these values cost-loaded into the Contractor’s Project Schedule as deemed necessary by the Owner. Upon request by the Owner, the Contractor shall support values given for each work activity with data that will substantiate its correctness. The Owner may require the Contractor to show separate work activities and Contractual Milestones for, as examples only and without limitation: Substructure Completion; Superstructure Completion; Building Exterior Skin Completion; Interior Finishes Completion; Owner’s Beneficial Occupancy, and other similar dates the Owner, at its sole discretion deems important to the Project. iv. In the event the Contractor does not timely provide the Contractor’s Construction Management Plan with an acceptable Contractor’s Project Schedule containing such elements, information, and processes in a form and with a level of detail acceptable to the Design Professional and the Owner, the Owner may, at the Owner’s discretion, unilaterally generate the target Contractor’s Project Schedule at the Contractor's expense, and impose such schedule, sequences, logic, and/or durations on the Contractor as it deems necessary to complete the Work, or the Owner may declare the Contractor in breach of contract. Whether or not the Owner decides to implement this option, all other contractual provisions relating to breach of contract will continue to be in full force and apply without modification. The Owner may deduct from the Contractor’s Application(s) for Payment the amount paid by the Owner for generating the Contractor’s Project Schedule. v. Upon completion of the Master Project Schedule, and acceptance by the Owner and all Separate Contractors, the Master Project Schedule shall supersede previously submitted schedules. Each updated Master Project Schedule shall supersede previous updates. b. The Contractor shall, at the Preconstruction Conference, and as a sub-system of its Contractor’s Project Schedule, prepare an easily isolated, sorted and separately viewed submittal schedule, and thereafter update it as necessary to maintain a current submittal schedule, and shall submit such schedule(s) for the Design Professional’s approval. The Design Professional’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s Construction Schedule, and (2) allow the Design Professional reasonable time to review submittals. If the Contractor fails to submit an approvable submittal schedule thirty (30) days prior to the date established for commencement of the Work, the Contractor shall not mobilize on site, or be entitled to any increase in Contract Sum or extension of Contract Time based on the delay of the Work or time required for review of submittals during the prosecution of the Work. c. The Contractor shall perform the Work in general accordance with the most recent Contractor’s Project Schedules submitted to the Owner and Design Professional and incorporated into the approved Master Project Schedule. d. The Owner together with the Contractor, will monitor the Master Project Schedule, and incorporate the Contractor’s updates to its portions of this overall schedule. As all Separate Contractors are also obligated to follow the Master Project Schedule and their respective schedules therein, they will be required to actively cooperate and participate in the preparation and updating of their portion of this schedule, as well as updating the overall Master Project Schedule by the Owner. The Contractor will be kept updated on all significant Master Project Schedule changes materially affecting the Contractor’s Project Schedule. e. The Contractor will produce a Short Interval Schedule containing activities for not less than one (1) previous week and the next three (3) weeks, and which focuses on the major weekly work activities of each subsystem. At each weekly meeting this Short Interval Schedule will be reviewed by the Contractor with all affected Subcontractors and the Owner. f. In the event of substantial delay, if excusable under the Contract, for which extension of the Contract Time has or will be granted, the Owner will review and may require revision by the appropriate contractor(s) of affected component of the Master Project Schedule as required by the specific applicable situation(s), and with the cooperation of the Separate Contractors on the Project. g. The Contractor shall, at mutually agreed intervals, submit to the Owner and Design Professional a progress report stating, without limitation, labor forces mobilized and working on site; areas worked in or on; percent complete of current work activities; any potential schedule or coordination problems; material deliveries received; site visitors; and other information as required by the Owner. h. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Contractor’s Project Schedule and shall promptly advise the Owner of any delays or potential delays. The accepted Contractor’s Project Schedule shall be updated to reflect actual conditions as frequently as mutually agreed by the Contractor and Owner; but in no event less frequently than with each Application for Payment; and at other times as may be reasonably requested by the Owner or Design Professional. In the event any progress report or schedule update indicates any actual or potential delays, the Contractor shall, using both the most currently approved Contractor’s Project Schedule as a baseline for comparison, and a written narrative, propose an affirmative plan to correct the delay (hereinafter referred to as the “Proposed Recovery Schedule”) which must include the following: .1 The Proposed Recovery Schedule will show the results of working additional shift or days, adding additional labor, and any of the other actions specified in Section 8.4, if necessary, all as described in the accompanying narrative; .2 The Proposed Recovery Schedule will be reviewed by the Owner, and the Contractor will promptly and diligently make all adjustments to the Proposed Recovery Schedule reasonably requested as a result of such review. .3 The Proposed Recovery Schedule shall become the most current, approved Contractor’s Project Schedule upon its approval by the Owner, issuance of a Change Order for the purpose by the Design Professional; and signing of such Change Order by the Contractor, Design Professional, and Owner, in that order; and .4 In no event shall any progress report, schedule update or Proposed Recovery Schedule constitute an adjustment in the Contract Time, any Contractual Milestone Date, or the Contract Sum unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order. i. In the event either the Owner or Design Professional determine that the performance of the Work, as of a Contractual Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation those further specified in Section 8.4. j. The Owner may exercise the rights furnished the Owner under or pursuant to this Section 3.10 and Section 8.4 as frequently as the Owner deems necessary to ensure that the Contractor’s performance of the Work will comply with any Contractual Milestone Date or completion date set forth in the Contract Documents. k. The Owner shall have the right to direct a postponement or rescheduling of any date or time for the performance of any part of the Work that may interfere with the operation of any part of the Owner’s organization or any stakeholders or invitees thereof. The Contractor shall, upon the Owner’s or Design Professional’s request, reschedule such portion of the Work during hours when the interference to the Owner’s organization, or any stakeholders or invitees thereof, will be minimized or eliminated. Any postponement, rescheduling, or performance of the Work under this Section 3.10.k may be grounds for an extension of the Contract Time, if permitted under Section 8.3.a; and an equitable adjustment in the Contract Sum if the performance of the Work was properly scheduled by the Contractor in compliance with the requirements of the Contract Documents; and to the extent such rescheduling or postponement is required for the convenience of the Owner. l. Documents and Samples at the Site The Contractor shall make available, to the Owner, Design Professional or their designees, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy and delivered to the Design Professional for submittal to the Owner upon completion of the Work as a record of the Work as constructed. The Contractor shall make available to the Owner or Design Professional for inspection and copying the record copy of the drawings, specifications, addenda, Change Orders and other Modifications, including all such documents maintained by the Contractor in electronic format, upon reasonable request of the Owner or Design Professional and, in any event, within twenty-four (24) hours of receipt by Contractor of a request from Owner or Design Professional for such review and/or copying. The Owner or Design Professional may request the record copy of the As-Built Documents, specifications, addenda, Change Orders and other modifications of the Work to be updated before Substantial Completion to reflect the most current condition of the Project, as additional Cost of the Work paid as a Change Order at the Owner’s expense. The Owner or Design Professional may require the Contractor to furnish the As-Built Documents in electronic format and may make copies of them prior to completion of the Work at the Owner's expense. i. The Contractor shall provide final electronic files and one “hard” copy of the Drawings and Specifications to the Owner updated to reflect the final condition of the Project with the final Application for Payment as a condition precedent to final payment. Section 3.12 Shop Drawings, Product Data and Samples a. Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. b. 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. c. Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. d. Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Design Professional is subject to the limitations of Section 4.2.g. Informational submittals upon which the Design Professional is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Design Professional without action. e. The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Design Professional, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, after Contractor has verified the information contained within said submittals is in accordance with representations required by Section 3.12.f and in accordance with the submittal schedule approved by the Design Professional or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. f. By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Design Professional that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents and (4) verified the information contained within said submittals is in accordance with all applicable Federal, state and local codes or ordinances in effect at the site. g. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Design Professional. Should the Contractor, Subcontractors, or Sub-subcontractors install, construct, erect or perform any portion of the Work without approval of any requisite submittal, the Contractor shall bear the costs, responsibility, and delay for removal, replacement, and/or correction of any and all items, material, and /or labor. h. The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Design Professional’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Design Professional of such deviation at the time of submittal and (1) the Design Professional has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Design Professional’s approval thereof. i. The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Design Professional on previous submittals. In the absence of such notice, the Design Professional’s approval of a resubmission shall not apply to such revisions. i. Copies of all approved Shop Drawings, Product Data, Samples and similar submittals shall be preserved in an orderly manner and delivered by the Contractor to the Owner upon Final Completion. j. The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. i. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor, the Owner and the Design Professional will specify all performance and design criteria that such services must satisfy in the Contract Documents. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional who shall comply with reasonable requirements of the Owner regarding qualifications and insurance. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Design Professional. The Owner and the Design Professional shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Design Professional have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.j, the Design Professional will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. ii. If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Owner and the Design Professional at the time and in the form specified by the Design Professional. Section 3.13 Use of Site, Delivery and Storage a. The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. b. The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the Owner before using any portion of the site. c. The Contractor shall take reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all persons at the Project site; all property at the Project site; and all persons or property adjacent thereto, which includes, but is not limited to, the all the following duties and acknowledgments: .1 The Contractor acknowledges the Project site comprises and/or may be adjacent to existing structures and that these site areas may be occupied during the performance of some portions of this Contract; .2 The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials, and equipment likely to cause interference with adjacent stakeholders or create hazardous conditions; .3 The Contractor shall be responsible for the mitigation and/or abatement of all noise, dust, fumes, traffic or other by-product of construction activity that, in the opinion of the Owner or the Design Professional, have an adverse affect on the quality of life or productivity for Project stakeholders, the Owner’s current operations, or the Owner's employees. Such mitigation and/or abatement shall be performed in manner and with a result completely and wholly acceptable to the Owner and Design Professional; .4 The Contractor shall control its personnel and the Subcontractors on site, especially regarding the use of alcohol or profanity, dressing in an inappropriate manner, parking in an inappropriate place, or other activities deemed to be inappropriate, to the satisfaction of the Owner and Design Professional. Repeat offenses will cause the Owner or Design Professional to require, through the Contractor, the temporary or permanent removal of the offending individuals, Subcontractor(s) or Sub-subcontractor(s) from the site; .5 The Contractor shall, at a minimum, secure the site by erecting and maintaining a 6'-0" chain link fence around the perimeter of the construction site. This fence shall remain intact until such time the site becomes secure in the opinion of the Contractor, as a result of construction progress (by way of example, and without limitation, completion of site grading and backfill, installation of doors and windows, etc.); .6 The Contractor shall furnish and maintain sufficient sanitary facilities for its own forces and those of any Subcontractor or Sub-subcontractor. The facilities of any existing, nearby buildings will not be available for construction use; and .7 The Contractor is advised that the project site area is subject to, among other inclement weather, unpredictable and high winds. When all or a portion of the Work is suspended for any reason, the Contractor shall securely fasten down all coverings and stored materials on site and fully protect the Work, as necessary, from injury or damage by any cause and to prevent possible damage caused by flying materials and debris. d. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas, which includes, but is not limited to, all of the following duties: .1 The access to the site shall be maintained in compliance with all local, state, and Federal code and life safety requirements for ingress by first responders and other similar emergency requirements; .2 The Contractor shall inform the Owner, Design Professional and any officials referenced in Section 3.13.f in writing a minimum of thirty (30) calendar days prior to any disruption of access, specifically and graphically showing the nature of the disruption, as well as the hours it will be disrupted. Such disruption will be subject to Owner’s and Design Professional’s approval, such approval not to be unreasonably withheld; .3 The Owner shall be responsible for snow removal to the limits of the construction site only so far that the Contractor will have access to the entrance to the construction area; and .4 Snow removal within the limits of work and/or for the purpose of performing and protecting work by individual contractors is the duty of the Contractor. e. During the performance of the Work, the Contractor, its Subcontractors, Sub-subcontractors, suppliers and their employees agree they shall: .1 Use such entrances to the construction site that may be designated by the Owner; .2 Perform the Work at such times of the day and days of the week as may be designated by the Owner; and .3 Accept that these entrances and times may be reviewed and changed from time to time by the Owner. f. The Contractor shall notify all public utility companies a minimum of two (2) business days prior to the commencement of any work by it or its Subcontractors in the vicinity of the utilities. No work shall commence until the utilities have been located and staked by the utility company or written consent from the Owner to proceed has been given to the Contractor. If the utility service must be interrupted, the Contractor shall, at Contractor’s sole cost and expense, notify the head of the local administrative services (by way of example only, and without limitation, the city manager, the mayor, the city or county clerk, etc. as applicable) and the utility users affected by the interruption. Such notice shall consist of direct written communication, publication in a local newspaper, and/or announcement on local radio or television stations, whichever is most reasonably calculated to give the most effective notice to such utility users. g. The Contractor shall exercise due diligence in seeing that all equipment, material, and supplies are delivered in advance of the time they are needed on the job and shall properly store and protect same at the Contractor’s expense. h. Notwithstanding any other provision herein, the Contractor shall take all necessary measures to store materials on site for which payment has been requested by the Contractor or been made by the Owner so that they shall not deteriorate, be damaged or be stolen, which includes, but is not limited to, all the following: .1 Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor; .2 Protection of construction materials and equipment stored at the Project site from fire, weather, burglary, pilferage, vandalism and mischief, damage, and all other adversity; and the care and protection of materials and Work installed in the building is solely the responsibility of the Contractor; .3 The Contractor shall bear sole responsibility for the restoration of damaged Work and replacement of damaged or stolen materials at no additional cost to the Owner; and .4 After equipment is no longer required for the Work, it shall be promptly removed from the Project site. i. The Contractor shall not deliver any materials to the site which are not to be installed by same Contractor without fifteen (15) day’s advance notice in writing to the Owner of the location, date, and time of such delivery to allow proper coordination. Such materials shall be received jointly by a representative of the Contractor and a representative of the Owner, who shall agree, and the Contractor shall document such agreement in writing: .1 The materials delivered are undamaged, or if damaged, such damage is documented by digital photo(s); .2 They are in the quantities shown on the purchase order, invoice or bill of lading accompanying the shipment or delivery or otherwise provided; .3 The storage conditions are adequate for the purposes; and .4 The Contractor has accepted responsibility for insurance and ongoing protection per Section 10.2 for such material until it is released to a third party authorized in writing by the Owner to receive it. Section 3.14 Cutting and Patching a. The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. b. The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. Section 3.15 Cleaning Up a. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract and shall be responsible for daily clean-up of construction materials and dust control. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project and shall clean all glass surfaces and leave the Work "broom clean", or its equivalent, except as otherwise specified. b. If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. Section 3.16 Access to Work The Contractor shall provide the Owner and Design Professional and their representatives with access to the Work in preparation and progress at all times wherever located, and shall provide proper and safe facilities for such access. Section 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall defend and hold the Owner and Design Professional 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 the Owner or Design Professional. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Design Professional. Section 3.18 Indemnification a. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT ITS OWN COST AND EXPENSE DEFEND AND PROTECT OWNER FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES FOR INJURY, SICKNESS, DISEASE OR DEATH OF ANY EMPLOYEE, AGENT OR REPRESENATIVE OF CONTRACTOR OR ANY OF ITS SUBCONTRACTORS, REGARDLESS OF WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF INDEMNITEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY CONTRACTOR FOR THE BENEFIT OF THE OWNER FROM THE CONSEQUENCES OF OWNER’S NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, SICKNESS, DISEASE OR DEATH OF CONTRACTOR’S EMPLOYEE OR EMPLOYEE OF ANY OF ITS SUBCONTRACTORS. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN’S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE, BUT NOT BE LIMITED TO, ATTORNEYS’ FEES AND COSTS, COURT COSTS AND SETTLEMENT COSTS, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. THE CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE DESIGN PROFESSIONAL, ANY LICENSED ENGINEER, OR AN AGENT, SERVANT, OR EMPLOYEE OF THE DESIGN PROFESSIONAL OR LICENSED ENGINEER FROM LIABILITY THAT MAY ARISE FROM DEFECTS IN THE PLANS, DESIGNS OR SPECIFICATIONS OR NEGLIGENCE ON THE PART OF THE DESIGN PROFESSIONAL OR LICENSED ENGINEER IN THE RENDITION OR CONDUCT OF PROFESSIONAL DUTIES ARISING FROM THE CONTRACT AND THE PLANS DESIGNS OR SPECIFICATIONS THAT ARE PART OF THE CONSTRUCTION CONTRACT AS SET FORTH IN CHAPTER 130 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE. b. THE CONTRACTOR’S INDEMNITY OBLIGATIONS UNDER THIS SECTION 3.18 SHALL ALSO SPECIFICALLY INCLUDE, WITHOUT LIMITATION, ALL FINES, PENALTIES, DAMAGES, LIABILITY, SAFETY VIOLATIONS, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), AND PUNITIVE DAMAGES, IF ANY, ARISING OUT OF, OR IN CONNECTION WITH ANY: .1 VIOLATION OF OR FAILURE COMPLY WITH ANY LAW, STATUTE, ORDINANCE, RULE, REGULATION, CODE OR REQUIREMENT OF A PUBLIC AUTHORITY THAT BEARS UPON THE PERFORMANCE OF THE WORK BY THE CONTRACTOR, A SUBCONTRACTOR OR ANY PERSON OR ENTITY FOR WHOM EITHER IS RESPONSIBLE; .2 MEANS, PROCEDURES, TECHNIQUES, SAFETY PRECAUTIONS, OR SEQUENCES OF EXECUTION OR PERFORMANCE OF THE WORK; AND .3 FAILURE TO SECURE AND PAY FOR PERMITS, FEES, APPROVALS, LICENSES, AND INSPECTION AS REQUIRED UNDER THE CONTRACT DOCUMENTS, OR ANY VIOLATION OF ANY PERMIT OR OTHER APPROVAL OF A PUBLIC AUTHORITY APPLICABLE TO THE WORK, BY THE CONTRACTOR, A SUBCONTRACTOR, OR ANY PERSON OR ENTITY FOR WHOM EITHER IS RESPONSIBLE. c. THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS ALL OF THE INDEMNITEES SET OUT IN SECTION 3.18.a FROM AND AGAINST ANY COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY ANY OF THE INDEMNITEES IN ENFORCING ANY OF THE CONTRACTOR’S DEFENSE, INDEMNITY, AND HOLD-HARMLESS OBLIGATIONS UNDER THIS CONTRACT. Article 4. DESIGN PROFESSIONAL Section 4.1 General a. The Design Professional is the person or entity retained by the Owner pursuant to Section 2.3.b and identified as such in the Agreement. b. Duties, responsibilities, and limitations of authority of the Design Professional as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Design Professional. Consent shall not be unreasonably withheld. Section 4.2 Administration of the Contract a. The Design Professional will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Design Professional issues the final Certificate for Payment. The Design Professional will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. b. The Design Professional will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, as the Work progresses and when fully completed, will be in accordance with the Contract Documents. However, the Design Professional will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Design Professional will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.a. c. On the basis of the site visits, the Design Professional will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Design Professional will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Design Professional will not have control over or charge of and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. i. NEITHER THE OWNER NOR THE DESIGN PROFESSIONAL NOR THE OWNER’S OTHER CONSULTANTS SHALL BE RESPONSIBLE OR LIABLE FOR THE SAFETY PROGRAM(S) DEVELOPED BY THE CONTRACTOR OR ITS SUBCONTRACTORS FOR THE SAFETY OF PERSONS AND PROPERTY, OR FOR COMPLIANCE WITH STATUTES, RULES, REGULATIONS, AND ORDERS APPLICABLE TO CONDUCT THE WORK. SHOULD ANY CONTRACTOR OR THEIR SUBCONTRACTOR(S), OR THE SUB- SUBCONTRACTOR(S) MAKE A CLAIM AGAINST THE INDEMNITEES, OR SHOULD THEY OR ANY GOVERNMENTAL ENTITY BRING ANY ACTION OR LEVY ORAND FINE OR PENALTY AGAINST THE INDEMNITEES ON ACCOUNT OF ANY SAFETY-RELATED DAMAGE OR VIOLATION OF LAW ALLEGED TO HAVE BEEN SUSTAINED, THE CONTRACTOR AGREES THAT IT WILL HOLD THE INDEMNITEES HARMLESS AGAINST ANY SUCH VIOLATION, FINE, CLAIM OR SUIT, AND THAT IT WILL REIMBURSE THE INDEMNITEES THE COST OF DEFENDING SUCH SUIT, AND IF ANY JUDGMENT AGAINST THE INDEMNITEES ARISES THEREFROM, THE CONTRACTOR SHALL PAY OR SATISFY IT AND SHALL PAY ALL COSTS INCURRED BY THE INDEMNITEES. d. Communications The Owner and Contractor shall include the Design Professional in all communications about the Design Professional’s services or professional responsibilities. The Owner shall promptly notify the Design Professional of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Design Professional’s consultants shall be through the Design Professional. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. i. Failure of Contractor to give the Owner or Design Professional written notice of Contractor’s objections, within three (3) business days, to directives, instructions, interpretations, or minutes from the Owner or Design Professional, shall constitute final and conclusive consent on the part of the Contractor to such directives, instructions, interpretations, or minutes of the Owner or Design Professional. ii. Any written notice from the Owner or Design Professional to the Contractor shall be sufficiently given when delivered to the last known business address of the Contractor, or to its registered or authorized agent, representative, or officer. Any written notice from the Contractor to the Owner shall be sufficiently given when personally delivered to the Owner’s Office, Attn: Project Manager, or at such other address and to the attention of such person as the Owner may from time to time designate in writing. e. Based on the Design Professional’s evaluations of the Contractor’s Applications for Payment, the Design Professional will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. f. The Design Professional has authority to reject Work that does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable, the Design Professional will have the authority to require inspection or testing of the Work in accordance with Sections 13.4.b and 13.4.c, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. g. The Design Professional will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Design Professional’s action will be taken in accordance with the submittal schedule approved by the Design Professional or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Design Professional’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Design Professional’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 1.2, 3.2.a, 3.3, 3.5, 3.12, and 13.9. The Design Professional’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Design Professional’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. h. The Design Professional will prepare Change Orders and Construction Change Directives and may order minor changes in the Work as provided in Section 7.4. The Design Professional will investigate and make recommendations regarding concealed and unknown conditions as provided in Section 3.7.d. i. The Design Professional will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. j. If the Owner and Design Professional agree, the Design Professional will provide one or more Project representatives to assist in carrying out the Design Professional’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. k. The Design Professional will interpret matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Design Professional’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. l. Interpretations of the Design Professional will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations, the Design Professional will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. m. The Design Professional’s opinions on matters relating to aesthetic effect will be considered by the Owner when making the Owner’s determination on these issues and the Owner’s decision will be final if consistent with the intent expressed in the Contract Documents. Such Owner’s determination shall be communicated through the Design Professional. n. The Design Professional will review and respond to requests for information about the Contract Documents. The Design Professional’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Design Professional will prepare and issue supplemental Drawings and Specifications in response to the requests for information. Article 5. SUBCONTRACTORS Section 5.1 Definitions a. A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a Separate Contractor or the subcontractors of a Separate Contractor. b. A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. Section 5.2 Award of Subcontracts and Other Contracts for Portions of the Work a. Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Design Professional of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Design Professional may notify the Contractor whether the Owner or the Design Professional (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Design Professional to provide notice within the 14-day period shall constitute notice of no reasonable objection. b. The Contractor shall not contract with a proposed person or entity to whom the Owner or Design Professional has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. c. If the Owner or Design Professional has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Design Professional has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. d. The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Design Professional makes reasonable objection to such substitution. e. Upon request, the Contractor shall provide to the Owner an executed copy of all subcontracts, purchase orders, and other agreements relating to the Work. f. The Contractor shall not sublet the Work as a whole. The approval of subcontractors in no way relieves the Contractor from full responsibility. Section 5.3 Subcontractual Relations a. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including responsibility for safety of the Subcontractor’s Work, which the Contractor, by the Contract Documents, assumes toward the Owner , the Owner’s other consultants and Design Professional. Each subcontract agreement shall preserve and protect the rights of the Owner , the Owner’s other consultants, and Design Professional under the Contract Documents with respect to the Work to be performed by the Subcontractor. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available for review for each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. Notwithstanding the above, all Agreements with the Owner shall have all references to compensation redacted before disclosing to Subcontractors, sub-Subcontractors, or any other tier of vendor. b. All subcontracts shall be in writing in form and substance substantially similar to the Contractor’s standard form subcontract, attached to the Agreement and made a part thereof as an Exhibit, and shall specifically provide that the Owner is an intended third-party beneficiary of such subcontract. The Contractor’s subcontractors, however, are not intended third-party beneficiaries of this Agreement by pass through, assignment, or otherwise, except as provided in the Contract Documents, and the Owner shall not be bound to Contractor’s subcontract agreements. c. Whenever the Contractor receives payment pursuant to the Contract Documents, the Contractor shall make payments to each of its Subcontractors of any amounts actually received which were included in the Contractor’s Application for Payment to the Owner for such subcontracts unless otherwise allowed to withhold payment by the terms and conditions of the subcontract or as allowed by law. The Contractor shall make such payments within ten (10) days of receipt of payment from the Owner in the same manner as the Owner is required to pay the Contractor under the Contract Documents if the Subcontractor is satisfactorily performing under its contract with the Contractor. Such payments from Owner to Contractor shall be imposed with an express trust to assure that payment is made to all Project Subcontractors, Sub-subcontractors, and suppliers. In addition to the express trust imposed upon such funds and the fiduciary duties incumbent upon the Contractor, Texas Property Code Chapter 162 shall apply. d. The Contractor shall monitor the Subcontractors, who shall pay all suppliers, Sub-subcontractors, laborers, and any other persons who provide goods, materials, labor, or equipment to the Subcontractor any amounts actually received which were included in the Subcontractor’s request for payment to the Contractor for such persons, within ten (10) days of receipt of payment from the Contractor. The construction payments made by the Contractor to the Subcontractor shall be trust funds as set forth in Chapter 162 of the Texas Property Code. If the Subcontractor fails to make such payments in the required manner, the Subcontractor shall pay said suppliers, Sub- subcontractors, and laborers interest as set forth in Chapter 162 of the Texas Property Code. e. At the time the Subcontractor submits a request for payment to the Contractor, the Subcontractor shall also submit to the Contractor a list of the Subcontractor’s suppliers, Sub-subcontractors, and laborers. The Contractor shall be relieved of the requirements of this Section regarding payment in ten (10) days and interest payments until the Subcontractor submits such list. If the Contractor fails to make timely payments to the Subcontractor as required by this Section, the Contractor shall pay the Subcontractor interest as calculated under the provisions of Chapter 2251 of the Texas Government Code. Nothing in this Section 5.3 shall be construed to affect the retention provisions of any contract. f. The provisions of this Section 5.3 shall be made a part of each contract between the Contractor and each Subcontractor, either expressly or by incorporation by reference to this Section of the Contract Documents. Section 5.4 Contingent Assignment of Subcontracts a. Each subcontract agreement for a portion of the Work may be assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. b. If the Work in connection with a subcontract has been suspended for more than thirty ( 30 ) days, after termination of the Contract by the Owner pursuant to Section 14.2 and the Owner accepts assignment of such subcontract, the Subcontractor’s compensation shall be equitably adjusted for any increase in direct verifiable costs incurred by such Subcontractor as a result of the suspension. c. Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity, including the performance bond Surety’s takeover or completion contractor, which shall relieve the Owner of any legal responsibility under the subcontract. d. Each subcontract shall specifically provide that the Owner shall only be responsible to the Subcontractor for those obligations that accrue subsequent to the assignment of the Subcontractor to the Owner after suspension and termination of the Contract, as provided in this Section 5.4. This Section 5.4 shall be construed to prohibit a pass through or assignment of rights, unless authorized by the Owner in writing Section 5.5 Owner Payments to Subcontractors a. In the event of any default hereunder by the Contractor, or in the event the Owner or Design Professional fails to approve any Application for Payment that is not the fault of a Subcontractor, the Owner may make direct payment to the Subcontractor, less appropriate retainage. In that event, the amount paid the Subcontractor shall be deducted from the payment to the Contractor. b. Nothing contained herein shall create any obligation on the part of the Owner to make any payments to any Subcontractor, and no payment by the Owner to any Subcontractor shall create any obligation to make any further payments to any Subcontractor. Article 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS Section 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts a. The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. b. When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. c. The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. d. Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. e. The Contractor accepts assignment of, and liability for, all purchase orders and other agreements for procurement of materials and equipment that are listed in and identified as part of the Contract Documents. The Contractor shall be responsible for such pre-purchased items, if any, as if the Contractor were the original purchaser. The Contract Sum includes, without limitation, all costs and expenses in connection with delivery, storage, insurance, installation, and testing of items covered in any assigned purchase orders or agreements. All warranty and correction of the Work obligations under the Contract Documents shall also apply to any pre-purchased items, unless the Contract Documents specifically provide otherwise. Section 6.2 Mutual Responsibility a. The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. b. If part of the Contractor’s Work depends on proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Design Professional of any apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Design Professional of these apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. c. The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction. d. The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.e. e. The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. f. Should the Contractor wrongfully delay or cause damage to the work or property of any Separate Contractor, the Contractor shall, upon due notice, promptly attempt to settle with such other contractor by agreement or otherwise to resolve the dispute. If such Separate Contractor sues or initiates a judicial proceeding against the Owner on account of any delay or damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor’s expense. The Owner may fund the defense of such proceedings contemplated by this Section but, in any event, if any judgment or award against the Owner arises therefrom, the Contractor shall pay to satisfy it to the extent of Contractor’s responsibility. g. SHOULD ANY SUCH SEPARATE CONTRACTOR WRONGFULLY DELAYED OR DAMAGED BY THE CONTRACTOR OR PERSONS FOR WHOM THE CONTRACTOR IS RESPONSIBLE PER SECTION 6.2.f MAKE A CLAIM AGAINST THE INDEMNITEES, OR BRING ANY ACTION AGAINST THE INDEMNITEES, ON ACCOUNT OF THE DAMAGE ALLEGED TO HAVE BEEN SO SUSTAINED, THE CONTRACTOR SHALL HOLD THE INDEMNITEES HARMLESS AND DEFEND THEM AGAINST ANY SUCH CLAIM OR SUIT, AND SHALL REIMBURSE TO THE INDEMNITEES THE COST INCLUDING, WITHOUT LIMITATION, REASONABLE, ADDITIONAL ATTORNEY’S FEES INCURRED DEFENDING SUCH SUIT, AND IF ANY JUDGMENT AGAINST THE INDEMNITEES ARISES THERE FROM, THE CONTRACTOR SHALL PAY OR SATISFY IT AND SHALL PAY ALL COSTS INCURRED BY THE INDEMNITEES. h. Should the Contractor be caused damage by any Owner’s Separate Contractor(s)’s work, by reason of such Owner’s Separate Contractor’s failure to perform properly under its contract with the Owner, no action will lie against the Owner, and the Owner shall have no liability therefor, but the Contractor may assert its claims for damages directly against such Owner’s Separate Contractor and the Owner shall reasonably assist the Contractor. by assign such rights to Contractor, unless otherwise prohibited under Texas law. i. Inasmuch as the completion of the building within the prescribed time is dependent very largely upon the close and active cooperation of all those engaged therein, it is, therefore expressly understood and agreed that each contractor shall lay out and install its work at such time(s) and in such manner as to not delay or interfere with the carrying forward of the work of the other contractors. j. Where the work of one contractor directly affects the conditions of the work of another contractor including, as examples only, and not limited to, providing shoring for backfilling, providing protective covering for painting, providing adequate bracing of door jambs, etc., the contractor performing the work which will adversely affect another contractor’s work shall be responsible for providing adequate protection based upon methods used to perform its work. Section 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, or the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Design Professional will allocate the cost among those responsible, which allocation shall be final. Article 7. CHANGES IN THE WORK Section 7.1 General a. Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. b. A Change Order shall be based upon agreement among the Owner, Contractor, and Design Professional. A Construction Change Directive requires agreement by the Owner and Design Professional and may or may not be agreed to by the Contractor. An order for a minor change in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and reasonably inferable from the intent of the Contract Documents may be issued by the Design Professional alone. c. Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. Except as permitted in Section 7.3 or as otherwise provided herein, a change in the Contract Sum or the Contract Time shall be accomplished only by Change Order. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration of or addition to the Work, whether or not there is, in fact, any unjust enrichment to the Work, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in any time period provided for in the Contract Documents. Section 7.2 Change Orders a. A Change Order is a written instrument prepared by the Design Professional and signed by the Owner, Contractor, and Design Professional stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. b. Methods used in determining adjustments to the Contract Sum may include those listed in Sections 7.3.c, 7.3.g and 7.3.j. c. Agreement on any Change Order constitutes a final settlement of all past and future claims, at law or in equity, concerning all matters relating to the change in the Work that is the subject of the Change Order, including, but not limited to, delays, all direct and indirect costs, any claim for damages associated with such change, and any and all adjustments to the Contract Sum and the construction schedule. d. Change Orders Requiring City Council Approval The Contract Sum may not be increased because of a Change Order unless additional money for increased costs is appropriated for that purpose from available funds or is provided for by the authorization of the issuance of time warrants. The approval of the Denton City Council is required if a Change Order involves a decrease or an increase of $50,000.01 or more. The original Contract Sum also may not be increased under this Section 7.2 by more than twenty-five percent (25.0%) over the entire duration of the Project. The original Contract Sum may not be increased by more than twenty-five percent (25%) over the entire duration of the Project for any reason; nor may it be decreased by more than twenty-five percent (25%) without the consent of the Contractor, as provided in Texas Local Government Code Sec. 252.048. After the Change Order is submitted by the Contractor under this Section 7.2, the additional time required to obtain City Council approval shall not be factored into any past or future claim for delays or calculated as a part of the Change Order request. Section 7.3 Construction Change Directives a. A Construction Change Directive is a written order prepared by the Design Professional and signed by the Owner and Design Professional, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. b. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. c. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed fee; or .4 As provided in Section 7.3.d. d. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Design Professional shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit calculated using the sum of the actual costs allowed in Sections 7.3.d.1 through 7.3.d.5, and using the percentages as set forth in Section 7.3.l below. In such case, and also under Section 7.3.c, the Contractor shall keep and present, in such form as the Design Professional may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.d shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Design Professional; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Additional, verifiable payroll and subsistence costs incurred by the Contractor, Subcontractor, and Sub-subcontractor of field personnel directly attributable to the change. e. If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. f. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Design Professional of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. g. A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. h. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Design Professional. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. i. Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Design Professional will make an interim recommendation for purposes of monthly certification for payment for those costs and certify for payment the amount that the Design Professional recommends, in the Design Professional’s professional judgment, to be reasonably justified. The Design Professional’s interim recommendation of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. j. When the Owner and Contractor agree with a recommendation made by the Design Professional concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Design Professional will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. k. If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Design Professional for determination. The Design Professional may consult with the Owner in connection with such determination either at the direction of the Owner or at the Design Professional’s discretion. If the Contractor does not ultimately agree with the Design Professional’s determination, the Contractor may assert a Claim in accordance with Article 15. l. In Subparagraph 7.3.d, the allowance for the combined total of onsite and offsite overhead and profit included in the total cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor’s own forces, fee percentage of the Cost of Work stated in Section 5.1.a of the Stipulated Sum Agreement plus actual direct jobsite costs associated with the additional work, if any; .2 For the Contractor, for Work performed by the Contractor’s Subcontractor, fee percentage of the Cost of Work stated in the Stipulated Sum Agreement, if any, plus actual direct jobsite costs associated with the additional work, if any; .3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor or Sub-subcontractor’s own forces, ten percent (10%) of the cost; .4 For each Subcontractor, for Work performed by the Subcontractor’s Sub- subcontractors, five percent (5%) of the amount due the Sub-subcontractor; .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Section 7.3.d; .6 Under no circumstance shall costs of the Contractor’s supervisory, management, administrative or other office personnel, regardless of where stationed, be paid as cost of the Work under 7.3.d Conversely, the Contractor shall be compensated for their labor within the overhead and profit percentage specified in this Section 7.3.l; .7 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can immediately be seen by inspection, shall be accomplished by a complete itemization of costs including labor, materials, and subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are subcontracts, they shall be itemized also; .8 When both additions and credits are involved in any change, the allowance for overhead and profit shall be figured on the basis of the net increase or decrease, if any; and .9 Overtime, when specifically authorized by the Owner and not as a requirement for the Contractor to fulfill its obligations under this Agreement, shall be paid for by the Owner on the basis of premium payment only, plus the cost of insurance and taxes based on the premium payment period. Overhead and profit will not be paid by the Owner for overtime. Section 7.4 Minor Changes in the Work The Design Professional may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Design Professional’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Design Professional and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Design Professional’s order for a minor change without prior notice to the Design Professional that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. Section 7.5 Supporting Information Notwithstanding the above, requests for an adjustment in the Contract Sum or adjustment in the Contract Time shall be in a form and accompanied by supporting information with a level of detail wholly acceptable to the Owner and Design Professional. The Contractor shall also comply with all provisions of Articles 8 and 15 with respect to claims. The required information shall be provided by the Contractor in less than twenty-one (21) days from the Contractor’s request for an adjustment in the Contract Sum or Contract Time. Failure to timely provide this information in the proper form may be, in and of itself, grounds for rejection of the request, at the sole discretion of the Owner or Design Professional. Article 8. TIME Section 8.1 Definitions a. Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. b. The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. c. The date of Substantial Completion is the date certified by the Design Professional in accordance with Section 9.8. d. The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. Section 8.2 Progress and Completion a. Time limits stated in the Contract Documents are of the essence. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. b. The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a Notice to Proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of any additional necessary documents. c. Attention is directed to the fact that the Work is urgently needed by the Owner; for this reason it shall be agreed that the Contractor will substantially complete all Work under the Contract within the time established in the Contract Documents and the most recently approved Contractor’s Project Schedule. The Contractor shall begin the Work on the date of commencement as defined in the Contract Documents; carry the Work forward with adequate resources; furnish, without limitation such labor, supervision, materials, facilities, and equipment; and work such hours, including night shifts, overtime operations, and Sundays and/or holidays, as may be necessary to ensure the progress and completion of both the Work and the Project as reflected by the most recently approved Contractor’s Project Schedule. d. The Contractor shall achieve specific Contractual Milestone dates (if any), Substantial Completion, and Final Completion within the times stated in the Contract Documents, and such dates shall be adhered to and shall be the last acceptable dates for completion of Work required for those milestones and completions, unless and until modified by the Owner in writing. e. The Contractor understands and agrees that all Work must be performed in an orderly and closely coordinated sequence so that the dates for Contractual Milestones (if any), Substantial Completion, and Final Completion, may be met by the both the Contractor as well as the respective Separate Contractors. f. The Contractor shall also complete the Work in all of its details for final acceptance as expeditiously as possible after Substantial Completion. g. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. Section 8.3 Delays and Extensions of Time a. If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Design Professional, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, implementation of Federal law or policies, unusual delay in transportation, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.f.ii, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation; or (5) by other causes that the Design Professional recommends may, justify delay, then the Contract Time may be extended for such reasonable time as the Owner may determine. b. Claims relating to time shall be made in accordance with applicable provisions of Article 15. c. This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. d. Any claims for extension of time shall be made in writing to the Owner and Design Professional not more than ten (10) days after commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of work within five (5) days of the first date the Contractor should reasonably be expected to have calculated the impact of such delay, but in no event more than fifteen (15) days after the commencement of the delay, with weekly updates to the impact if the delay is of an ongoing nature. e. Extensions of the Contract Time will be made for delays due to weather conditions only when such conditions are more severe and extended than those reflected by the ten (10) year average for the month as evidenced by the National Climatic Data Center’s (NCDC’s) Surface Data US at http://gis.ncdc.noaa.gov/ website/ims-cdo/sod/viewer.htm or other data as mutually agreed by the Owner and Contractor for the Project area. f. In allowing delays for weather, the Owner will be entitled to consider weather conditions prevailing throughout the entire Contract period. The Owner and Contractor will together reconcile actual working days lost and gained over the entire Contract period every ninety (90) days. The Contractor shall then adjust the schedule activities accordingly for both the Contractor’s weather float reserves and Owner’s float reserves where those activities are carried in the Contractor’s Project Schedule (if any).Extensions of time due to weather or other allowable reasons will be granted on the basis of one-and-four-tenths (1.4) calendar days credit for every working day lost, with each separate extension figured to the nearest whole calendar day. g. The extension of the contract completion time for weather conditions will occur only in the event that the weather in question affected critical activities on the most current Contractor’s Construction Schedule, and at least one half of the work force allocated to that item of work was also adversely affected by the same weather conditions. Section 8.4 Contractor’s Obligations After Delay a. If either the Work actually in place falls behind as reflected by the currently updated Master Project Schedule or Contractor’s Construction Schedule, or it becomes apparent or likely in the reasonable opinion of the Owner after consultation with the Design Professional that the Work will not be completed within the Contract Time or in accordance with the Contractor’s Construction Schedule, due to delays caused by the Contractor or its subcontractors, the Contractor agrees it shall, as necessary, take some or all of the following actions (hereinafter referred to collectively as “Extraordinary Measures”) at no additional cost to the Owner or Design Professional, as required to substantially eliminate, in the judgment of the Owner, the backlog of Contractor’s Work on the Project: .1 Increase quantities of, without limitation, labor, supervision, material deliveries, equipment on site, and crafts as necessary; .2 Increase the number of working hours per shift, shifts per working day, working days per week, or any combination of the foregoing; .3 Reschedule activities to achieve maximum practical concurrence of accomplishment; and .4 Do whatever else is reasonably required by the Owner or Design Professional. b. These Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor’s compliance with the Contractor’s Construction Schedule. c. In the event of a delay, the Owner Design Professional may also require the Contractor to immediately submit a Proposed Recovery Schedule as specified in Section 3.10.h above. If the Proposed Recovery Schedule is not satisfactory, the Design Professional may unilaterally establish a new Proposed Recovery Schedule acceptable to the Owner; issue it as a Construction Change Directive; and the Contractor shall comply therewith. The Owner may also require the Contractor to take any of the Extraordinary Measures to make up the lag in scheduled progress, all without additional cost to the Owner, or Design Professional. d. Failure of the Contractor to substantially comply with the requirements of this Section 8.4 shall be considered grounds for a determination by the Owner, after consultation with the Design Professional, that the Contactor is in breach of this Agreement by failing to prosecute the Work and that of the Project so as to ensure its completion within both the Contract Time and the updated Contractor’s Construction Schedule. e. Likewise, in the event the progress of the Project falls behind the predictions of the Master Project Schedule through no fault of the Contractor, the Owner or Design Professional may request, and the Contractor may agree to take one or more of the Extraordinary Measures, with the Owner bearing the cost for such measures by Change Order. f. The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the Owner under or pursuant to this Section 8.4, except as specifically noted otherwise in Section 8.4.e. Section 8.5 Owner’s Rights After Delay a. In the event that any Contractor fails, or appears likely to fail, to complete a critical portion of Work on time or to complete a Contractual Milestone Date or completion date as evidenced by the most recently approved Contractor's Project Schedule, the Owner or the Design Professional shall have the right to impose any or all of the following options: .1 Require the Contractor to substantiate the capability to get back on schedule within ten (10) business days; .2 Require the Contractor to take some or all of the Extraordinary Measures, and do whatever else is required by the Owner or Design Professional until Contractor confirms, to the satisfaction of the Owner and Design Professional, the progress of the Work is in compliance and congruence with the most recently approved Contractor’s Construction Schedule, such measures being at no extra cost to Owner and Design Professional; .3 Withhold progress payment, or portions thereof, until such time as the Contractor is in compliance with the most recently approved Contractor's Project Schedule; and .4 Contact or visit the factory, plant or distribution center whose production or delivery schedule may be critical to the scheduled completion of a portion of the contract work, and expedite same, at Contractor's expense. Section 8.6 Liquidated Damages a. Should the Contractor fail to substantially complete the Work on, or before, the original date set forth in the Contract, or on or before the revised date as granted by extensions to Contract Time, the Owner may at its sole discretion permit the Contractor to proceed, and in such case, there shall be deducted from any monies due or which may become due the Contractor, a sum as specified herein, for each and every calendar day that the Work shall remain uncompleted. This sum shall be considered, not as penalty, but as the cost(s) for substantial losses suffered by the public and the Owner. Liquidated damages are intended to compensate the Owner for the Contractor’s failure to meet the deadlines set forth herein, and shall not excuse the Contractor from liability from any other breach of requirements of the Contract Documents, including any failure of the Work to conform to applicable requirements. The Contractor agrees that the sums in Section 8.6.b are reasonable in light of the anticipated or actual harm caused by the breach, the difficulties of the proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. Contractor further acknowledges and agrees that Liquidated Damages may be owing even though no termination has occurred. b. Contractor shall pay as liquidated damages to the Owner: the sums shown in the table below for each calendar day that expires after the date set forth in the Contract for Final Completion of the Work. First Week Late Second Week Late Third & Fourth Weeks Late Every Day After the Fourth Week Late $500/day $500/day $500/day $500/day c. The parties acknowledge, covenant, and agree that the daily basis and the amount set forth above for liquidated damages are reasonable because of the unique nature of the Project as a benefit to the public; the fact that inconvenience to the public will be one of the significant impacts of any failure by the Contractor to timely complete the Work; and that it is impracticable and extremely difficult to ascertain and determine the actual losses which would accrue to the Owner and the public. d. Permitting the Contractor to continue and finish the Work, or any portion thereof, after the time fixed for its completion, shall in no way operate as a waiver on the part of the Owner of any of its rights under the Contract. The Contractor acknowledges the Owner receives no benefits from early completion of the Project or the Work, therefore all rights, if any, to an early completion bonus or other increases in the Contract Sum for such early completion are hereby waived by the Contractor. Article 9. PAYMENTS AND COMPLETION Section 9.1 Contract Sum a. The Contract Sum is stated in the Agreement and, is the maximum amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. The Contract Sum may only be increased pursuant to a Change Order signed by the Owner. Completion of the Work is a condition precedent to Owner’s obligation to pay the full Contract Sum. b. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. Section 9.2 Schedule of Values Where the Contract is based on a Stipulated Sum or the Cost of the Work, the Contractor shall meet with the Design Professional, at the Preconstruction Conference with a proposed Schedule of Values as specified in Section 3.10. The Contractor’s Schedule of Values will be reviewed by the Owner and Design Professional in the context of the Contractor’s proposed Construction Management Plan, including, but not limited to, the Contractor’s Construction Schedule therein. The values assigned to each work activity in the Schedule of Values should be generated by the projected earned value of the activities in the Contractor’s Construction Schedule, rounded to the nearest five dollars, and equal in aggregate to the Contractor’s and Subcontractor’s contract amount(s). The Schedule of Values shall allocate the entire Contract Sum to the various portions of the Work and be prepared in such form and supported by such additional data to substantiate its accuracy as the Owner and Design Professional may require. This Schedule, of Values, unless objected to by the Owner or Design Professional, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Section 9.3 Applications for Payment a. At least ten days before the date established for each progress payment, the Contractor shall submit to the Design Professional an itemized Application for Payment prepared in accordance with the Schedule of Values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Design Professional require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers and shall reflect retainage if provided for in the Contract Documents. The Application for Payment shall be notarized and include other documentation as reasonably required by the Owner; submitted electronically. i. As provided in Section 7.3.i, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim recommendations of the Design Professional, but not yet included in Change Orders. ii. Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. iii. Each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner and Design Professional and in compliance with all applicable statutes: .1 A duly executed and acknowledged sworn statement showing all Subcontractors and material suppliers with whom the Contractor has entered into subcontracts, the amount of each such subcontract, the invoice from and the amount requested for any Subcontractor and material supplier in the requested Application for Payment, and the amount to be paid to the Contractor from such progress payment, together with similar sworn statements from all such Subcontractors and material suppliers; .2 Duly executed statutory conditional waivers of mechanics’ and material suppliers’ lien for progress payments with teach payment application; and appropriate statutory unconditional waivers of mechanics’ and material suppliers’ liens for progress payments; and appropriate statutory unconditional waivers for final payments from all Subcontractors and, when appropriate, from material suppliers and lower tier Sub-subcontractors establishing payment or satisfaction of payment of all amounts requested by the Contractor on behalf of such entities or persons in any previous Application for Payment; .3 An updated Contractor’s Construction Schedule per Section 3.10 clearly showing the actual progress of the Work for each activity against the Work previously scheduled to be completed during the period, and against targeted activities’ previously approved completion dates; and .4 With every Payment Request for the Work, contractor will submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The parties hereto agree that any electronic copy of such affidavit shall be treated as an original for all intents and purposes; .4 If required by the Owner’s title insurer, if any, the Contractor shall execute a personal gap undertaking in form and substance satisfactory to such title insurer; and. .5 Notwithstanding the above, Applications for Payment shall be in a form and accompanied by supporting information with a level of detail wholly acceptable to the Design Professional, and shall include, at a minimum, an updated monthly Contractor’s Construction Schedule clearly and graphically comparing the actual “work-in-place” completed to the Work previously projected to be complete for the period. Failure to provide this information in the proper form may be, in and of itself, grounds for rejection of the Application for Payment, at the discretion of the Design Professional. b. Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the stored materials and equipment which must be properly tagged as to material and job identification; must be available for inspection by the Design Professional; and such requests for payment must be accompanied by documentary evidence as specified, without limitation, in Sections 3.13 and 11.3, which supports the request’s validity; quantity and value of materials; proper material acceptance and storage; and including insurance on the materials as evidenced by a Certificate of Insurance or otherwise protects the Owner’s interests. Such request shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. Such materials shall be: .1 Protected from diversion, destruction, theft, and damage to the satisfaction of the Owner, and the Lender; .2 Specifically marked for use on the Project; and .3 Segregated from other materials at the storage facility. c. The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. d. THE CONTRACTOR FURTHER EXPRESSLY UNDERTAKES TO DEFEND THE INDEMNITEES, AT THE CONTRACTOR’S SOLE EXPENSE, AGAINST ANY ACTIONS, LAWSUITS, OR PROCEEDINGS BROUGHT AGAINST THE INDEMNITEES AS A RESULT OF LIENS OR VERIFIED CLAIMS FILED AGAINST THE WORK, THE SITE OF ANY OF THE WORK, THE PROJECT SITE AND ANY IMPROVEMENTS THEREON, PAYMENTS DUE THE CONTRACTOR, THE PROJECT BOND OR ANY PORTION OF THE PROPERTY OF ANY OF THE INDEMNITEES (REFERRED TO COLLECTIVELY AS “LIENS OR VERIFIED CLAIMS” IN THIS SECTION 9.3.d). THE CONTRACTOR HEREBY AGREES TO INDEMNIFY AND HOLD THE INDEMNITEES HARMLESS AGAINST ANY SUCH LIENS OR VERIFIED CLAIMS AND AGREES TO PAY ANY JUDGMENT OR LIENS OR VERIFIED CLAIMS RESULTING FROM ANY SUCH ACTIONS, LAWSUITS, OR PROCEEDINGS. Section 9.4 Certificates for Payment a. The Design Professional will, within seven (7) days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Design Professional recommends is properly due, and notify the Contractor and Owner of the Design Professional’s reasons for withholding certification in part as provided in Section 9.5.a; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Design Professional’s reason for withholding certification in whole as provided in Section 9.5.a. b. The issuance of a Certificate for Payment will constitute a representation by the Design Professional to the Owner, based on the Design Professional’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Design Professional’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Design Professional. However, the issuance of a Certificate for Payment will not be a representation that the Design Professional has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. c. Certification will be issued for ninety-five percent (95%) of the amount requested by the Contractor and approved by the Design Professional to be properly due until the Contractor is ninety-five percent (95%) completed with the Work. Thereafter, the accumulated retainage may be held without additional retainage, except that, should the Contractor at any time fail to keep current with the approved progress schedule, fail to assure payment to Subcontractors, Sub-subcontractors and suppliers as required hereunder; or fail to promptly and diligently correct Work that does not comply with the Contract Documents, certification of ninety-five percent (95%) shall automatically again become effective and shall apply as long as the Contractor lags behind such progress or fails to assure such payment. Section 9.5 Decisions to Withhold Certification a. The Design Professional may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Design Professional’s opinion the representations to the Owner required by Section 9.4.b cannot be made. If the Design Professional is unable to certify payment in the amount of the Application, the Design Professional will notify the Contractor and Owner as provided in Section 9.4.a. If the Contractor and Design Professional cannot agree on a revised amount, the Design Professional will promptly issue a Certificate for Payment for the amount for which the Design Professional is able to make such representations to the Owner. The Design Professional may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Design Professional’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.b, because of any of the following: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors, Sub-subcontractors and suppliers or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 repeated failure to carry out the Work in accordance with the Contract Documents; .8 Contractor’s failure to obtain necessary permits or licenses or to comply with applicable codes, regulations, or other laws; .9 failure to fully execute the Contract with all associated documents as required; .10 bond claims, or liens, filed for any portion of the Work; or .11 failure of the Contractor to comply with any provisions of the Contract Documents, including without limitation Section 8.4. b. Omitted c. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld less all associated damages, costs and expenses, suffered or accrued by the Owner or Design Professional. In the event the Design Professional nullifies a previously issued Project Certificate for Payment, and the Owner has, prior to such nullification, paid thereon, the Contractor shall promptly reimburse to the Owner amounts the latter had previously paid pursuant to the nullified project Certificate for Payment. Alternately, the Owner may withhold payment in any subsequent Application for Payment, until and unless the reasons for nullification of the previously issued project Certificate for Payment have been remedied and all associated damages, costs, and expenses of Owner and Design Professional have been paid by the Contractor. d. If the Design Professional withholds certification for payment under Section 9.5.a.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Design Professional and the Contractor shall reflect such payment on its next Application for Payment. e. The Contractor shall not stop work or terminate the Contract if the Design Professional should refuse to issue any certificate because the Application for Payment does not conform with the requirements of Sections 9.3, 9.4, 9.5 or any other portion of these General Conditions, as supplemented herein. Section 9.6 Progress Payments a. After the Design Professional has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Design Professional. b. The Contractor shall pay each Subcontractor, Sub-subcontractor and supplier, no later than ten (10) days after receipt of payment from the Owner the amount to which the Subcontractor, Sub- subcontractor and supplier is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s, Sub-subcontractor’s and supplier’s portion of the Work, unless otherwise allowed by the provisions of the subcontract or by law. The Contractor shall notify Owner in advance and in writing of any payment(s) to be withheld from any Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, Sub- subcontractor and supplier, require each to make payments to their Sub-subcontractors and suppliers in a similar manner. c. The Design Professional will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Design Professional and Owner on account of portions of the Work done by such Subcontractor. d. The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Design Professional shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. e. The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.b, 9.6.c and 9.6.d. f. A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of any Work. g. The Contractor shall not withhold from any Subcontractor sums due the Subcontractor for completed Work which has been paid for by the Owner unless allowed by the terms and conditions of the subcontract as stated in Section 5.3.C of the Agreement or by law. The Contractor shall notify Owner in advance and in writing of any payment(s) to be withheld from any Subcontractor. Sums withheld by the Owner from the Contractor for deficiencies solely attributable to the Contractor shall not be grounds for the Contractor to withhold sums due to any Subcontractor. All sums paid to the Contractor for labor, materials, or equipment for the Work or Project shall be considered trust funds to be used by the Contractor for payment to those persons to the extent providing labor, materials and/or equipment incorporated into the Work or Project. Payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. However, notwithstanding the above, nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. h. PROVIDED THE OWNER HAS FULFILLED ITS PAYMENT OBLIGATIONS UNDER THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL DEFEND AND INDEMNIFY THE OWNER FROM ALL LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES AND LITIGATION EXPENSES, ARISING OUT OF ANY LIEN CLAIM OR OTHER CLAIM FOR PAYMENT BY ANY SUBCONTRACTOR OR SUPPLIER OF ANY TIER. UPON RECEIPT OF NOTICE OF A LIEN CLAIM OR OTHER CLAIM FOR PAYMENT, THE OWNER SHALL NOTIFY THE CONTRACTOR. IF APPROVED BY THE APPLICABLE COURT, WHEN REQUIRED, THE CONTRACTOR MAY SUBSTITUTE A SURETY BOND FOR THE PROPERTY AGAINST WHICH THE LIEN OR OTHER CLAIM FOR PAYMENT HAS BEEN ASSERTED. i. To the extent Contractor has received payment in accordance with the terms of this Agreement, the Contractor agrees to keep the Work and the site of the Project and all project bonds free and clear of all bond claim and verified claims related to labor and materials furnished in connection with the Work. j. If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment shall be made promptly upon demand by the Owner. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due the Owner, or if the Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, the Owner shall have an absolute right to offset such amount against the Contract Sum and may, at the Owner’s sole discretion, elect either to (i) deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner, or (ii) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled. Section 9.7 Failure of Payment If the Design Professional does not issue a Certificate for Payment, through no fault of the Contractor, within seven (7) days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within the date established in the Contract Documents, the amount certified by the Design Professional, then the Contractor may, upon seven (7) additional days’ written notice to the Owner and Design Professional, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. Section 9.8 Substantial Completion a. “Substantial Completion” is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use, all major systems are operational, and all safety features are completed and Owner’s receipt of written confirmation after final inspections by the applicable electrical, plumbing, fire department, health department, and other local and state officials having jurisdiction, stating the project is ready for occupancy by the Owner. In addition to the other requirements of the Contract Documents, and without limitation, the Contractor must also have obtained the written approval and issuance of any occupancy permits required by the laws of local government(s) and the State of Texas before the Contractor shall be deemed to have achieved Substantial Completion. b. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Design Professional a comprehensive list of items to be completed or corrected prior to final payment. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Contractor will also provide the Design Professional a comprehensive list of all claims previously and properly made in writing and identified by the Contractor as unsettled at the time of Substantial Completion. c. Upon receipt of the Contractor’s list, the Design Professional will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Design Professional’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Design Professional. In such case, the Contractor shall then submit a request for another inspection by the Design Professional to determine Substantial Completion. d. When the Work or designated portion thereof is substantially complete, the Design Professional will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. e. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. f. The Contractor’s acceptance of payment per Section 9.8.e shall constitute a waiver for all purposes of all claims or causes of action by the Contractor against the Owner and the Design Professional, except those previously and properly made in writing and identified in the list provided by the Contractor as unsettled at the time of Substantial Completion per Sections 9.8.b. Section 9.9 Partial Occupancy or Use a. The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, as such occupancy or use is consented to by the insurer and required under Section 11.3 provided it is authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Design Professional as provided under Section 9.8.b. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Owner. b. Immediately prior to such partial occupancy or use, the Owner, Contractor, and Design Professional shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. c. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 9.10 Final Completion and Final Payment a. Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Design Professional will promptly make such inspection. When the Design Professional finds the Work acceptable under the Contract Documents and the Contract fully performed, the Design Professional will promptly issue a final Certificate for Payment stating that the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Design Professional’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.b as precedent to the Contractor’s being entitled to final payment have been fulfilled. All warranties and guarantees required under Section 3.5 or otherwise required pursuant to the Contract Documents shall be assembled and delivered by the Contractor to the Design Professional as part of the final Application for Payment. The final Certificate for Payment will not be issued by the Design Professional until all warranties and guarantees have been received and accepted by the Owner. “Final Completion” occurs when all the conditions of this Section and the Contract Documents are met as set forth herein. b. Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Design Professional and Owner; (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Documents to remain in full force after final payment is currently in effect; (3) a written statement satisfactory to the Owner that the insurance will cover the period required by the Contract Documents; (4) consent of surety to final payment; (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract for Construction, to the extent and in such form as may be designated by the Owner and Owner’s lender; (6) certification by the Contractor that (i) all Work has been completed in accordance with the Contract Documents, (ii) the final Application for Payment includes all claims of the Contractor against the Owner arising in connection with the Project and constitutes a waiver and release of any and all claims not presented in that application except for claims arising out of third party actions, cross-claims and counterclaims, and (iii) the Record Drawings maintained by the Contractor pursuant to the Contract Documents and delivered to the Owner or Design Professional are complete and accurate in all respects; and (7)evidence of compliance with all requirements of the Contract Documents, such as notices, certificates, affidavits, or other requirements to complete obligations under the Contract Documents, including, but not limited to, (i) instruction of the Owner’s representatives in the operation of mechanical, electrical, plumbing, and other systems; (ii) delivery of keys to the Owner with keying schedule (master, submaster, and special keys); (iii) delivery to the Owner of the Contractor’s warranties as set forth in the Contract Documents and each written warranty and assignment thereof prepared in duplicate, certificates of inspections, and bonds for the Design Professional’s review and delivery to the Owner; (iv) delivery to the Owner of printed operating, servicing, maintenance and cleaning instructions for all Work (parts lists and special tools for mechanical and electrical work) in approved form; (v) delivery to the Owner of the Record Drawings; (vi) delivery to the Owner of a Final Waiver and Release of Liens covering all Work for itself and for each Subcontractor, vendor, and material supplier who furnished labor, materials, and services to the Work, executed by an authorized officer and duly notarized; (vii) delivery to the Owner of final waivers of lien from each subcontractor and material supplier who furnished labor, materials, and services to the Work, executed by their respective officers and duly notarized; and (viii) delivery of sales and use tax certificate number of the Contractor. In addition to the foregoing, all other submissions required by other Articles and Paragraphs of the Specifications and other Contract Documents shall be submitted to the Owner before approval of final payment. If a Subcontractor refuses to furnish a release or waiver required by the Owner and Owner’s lender (if any), the Contractor may furnish a bond satisfactory to the Owner and Owner’s lender (if any) to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and attorneys’ fees. i. In addition to items listed in 9.10.b to be submitted before Final Payment will be made or remaining retainage released, Contractor shall deliver a permanent certificate of occupancy from local authorities having jurisdiction. c. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Design Professional so confirms, the Owner shall, upon application by the Contractor and certification by the Design Professional, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Design Professional prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. d. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 bond claims, Claims, liquidated damages, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment; or .5 gross negligence, willful misconduct, or fraudulent concealment in connection with the performance of the Contract. e. Application for and acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee against the Owner or Design Professional except those previously made in writing and identified by that payee arising after the waiver given at Substantial Completion payment described in Sections 9.8.b and 9.8.f. f. In addition to any other damages, failure of the Contractor to achieve final completion within sixty (60) days after the specified date of Substantial Completion, subject to authorized extensions, will result in the Contractor being responsible for excess Design Professional’s and other Owner’s consultant(s)’ fees beyond their original scope of services required to achieve final completion (“Excess Fees”). Excess Fees will be deducted from the amount due the Contractor. Article 10. PROTECTION OF PERSONS AND PROPERTY Section 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. Contractor’s and all Subcontractors' Safety Programs shall comply with all applicable requirements of the Occupational Safety and Health Act of 1970, and all other applicable state, local, or federal laws or regulations. Section 10.2 Safety of Persons and Property a. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to all of the following: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. b. The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. c. The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. The Contractor shall also be responsible, at the Contractor’s sole cost and expense, for all measures necessary to protect any property adjacent to the Project and improvements therein. Any damage to such property or improvements shall be promptly repaired by the Contractor. d. When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel, and the Contractor shall give the Owner and the Design Professional reasonable advance written notice of such planned activities. e. The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.a.2 and 10.2.a.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.a.2 and 10.2.a.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Design Professional or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. f. The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Design Professional. g. The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. h. Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. i. The Contractor shall immediately report in writing to the Owner and Design Professional all accidents arising out of or in connection with the Work that cause death, personal injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries, or serious damages are caused, the accident shall be reported immediately electronically, as well as by telephone or messenger to the Owner and the Design Professional. Section 10.3 Hazardous Materials and Substances a. Hazardous materials include any material in such quantity, concentration, and physical or chemical characteristics including, but not limited to, ignitability or toxicity, so as to be capable of posing an unreasonable risk to health, safety and/or property if released into the atmosphere, transported, stored, or disposed of. The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Design Professional of the condition in writing. .1 For the purposes of this section, the following terms have the below meanings (however, each definition should be read as broadly as possible to incorporate similar hazardous materials or substances: Asbestos: any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Petroleum: Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), and including but not limited to oil, fuel oil, oil sludge, oil refuse, gasoline, diesel fuel, kerosene, and oil mixed with other non- Hazardous Waste and crude oils. Hazardous Waste: any solid waste listed as hazardous or which possesses one or more hazardous characteristics. b. Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Design Professional the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Design Professional will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Design Professional has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Design Professional have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order duly processed and approved, the Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up, both as specified in Article 7. The term “rendered harmless” shall be interpreted to mean, without limitation that levels of hazardous materials, including, but not limited to, asbestos and polychlorinated biphenyls, are less than any applicable exposure standards set forth in OSHA regulations. In no event, however, shall the Owner have any responsibility for any substance or material that is brought to the Project site by the Contractor, any Subcontractor, any material supplier, or any entity for whom any of them is responsible. The Contractor agrees not to use any fill or other materials to be incorporated into the Work that are hazardous, toxic, or made up of any items that are hazardous or toxic. c. Omitted. d. The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. e. Omitted. f. THE CONTRACTOR SHALL INDEMNIFY THE OWNER FOR THE COST AND EXPENSE THE OWNER INCURS (1) FOR REMEDIATION OF A MATERIAL OR SUBSTANCE THE CONTRACTOR BRINGS TO THE SITE AND NEGLIGENTLY HANDLES, OR (2) WHERE THE CONTRACTOR FAILS TO PERFORM ITS OBLIGATIONS UNDER SECTION 10.3.a, EXCEPT TO THE EXTENT THAT THE COST AND EXPENSE ARE DUE TO THE OWNER’S FAULT OR NEGLIGENCE. Section 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. Section 10.5 Site Visits Anyone other than the Owner’s designated representatives, the Design Professional, the Design Professional’s consultants, and the Owner’s other consultants visiting the job site who is not employed by a Contractor shall be required to register with the Contractor’s site office before proceeding onto the job site. Article 11. INSURANCE AND BONDS Section 11.1 Contractor’s Liability Insurance a. The Contractor shall purchase and maintain in a company or companies lawfully authorized to do business in Texas and as further qualified in Paragraph 11.6, such insurance as will protect the Contractor and the Indemnitees from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees; or persons or entities exempt by statute from the requirements of Section 11.1.a.1, but required by the Contract Documents to provide the insurance required by that Section; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle, including pollution clean-up if hauling hazardous materials; and .7 Claims for bodily injury or property damage arising out of completed operations, which coverage shall be maintained for no less than ten (10) years following final payment. .8 Claims for damages to the Work, and/or materials and equipment used/stored at the Work, as may be covered under any Builder’s Risk insurance policy. b. The Contractor’s Commercial General Liability Insurance should be written on ISO Form CG 00 01 10 01 or its equivalent and provide the following: .1 Premises/operations (Including X-C-U coverages); .2 Independent contractors; .3 Products and completed operations with a per project aggregate limit, which coverage shall be maintained for a period of ten (10) years from the date of the Final Payment; .4 Personal injury (libel, slander, false arrest) liability with employment exclusion deleted; .5 Blanket Contractual, including, but not limited to, a specified provision for the Contractor’s obligations under Section 3.18 of the Contract Documents; .6 Broad form property damage including, but not limited to, completed operations; .7 Primary and Non-Contributory endorsement in favor of Indemnitees; and .8 Contain a Waiver of Subrogation in favor of Indemnitees. c. Professional Errors and Omissions Liability Insurance is required for all licensed and certified professionals, including, but not limited to, contractors, engineers, Design Professionals, design- build and design professionals as follows: .1 The retroactive date preceding the date of the contract; and .2 An extended reporting period of three (3) years past substantial completion. d. Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. e. The Contractor shall, for the protection and benefit of the Indemnitees and the Contractor and as part of the Contractor’s efforts to satisfy the obligations set forth in this Article 11, procure, pay for, and maintain in full force and effect, at all times during the performance of the Work until final acceptance of the Work; and for such duration as required in the Contract Documents; policies of insurance issued by a responsible carriers acceptable to the Owner, and in form and substance satisfactory to the Owner, that afford the coverages set forth in the Schedule of Insurance, attached to the Contract and made a part of it as Exhibit “YX” – Contractor’s Insurance Certificate(s). All such insurance shall be written on an occurrence basis, with the sole exception of Professional Errors and Omissions Liability Insurance. In the event professional liability coverage is not available on “an occurrence” basis, a “claims made” basis policy with effective and retroactive dates prior to the effective date of the Contract Documents and an extended reporting period of at least three (3) years beyond Substantial Completion or as otherwise required by the Contract Documents, whichever is greater, may be substituted with the written consent and approval of the Owner and Design Professional. The Contractor’s completed operations coverage shall be maintained until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. f. The Contractor agrees to deliver to the Design Professional, for transmittal to the Owner with a copy to the Design Professional within ten (10) days of the date of the Owner-Contractor Agreement and prior to bringing any equipment or personnel onto the site of the Work or the Project site, and thereafter upon renewal or replacement of each required policy of insurance, certified copies of all required insurance policies procured by the Contractor under or pursuant to this Article 11 or, with the written consent of the Owner and Design Professional, Certificates of Insurance in form and substance satisfactory to the Owner and Design Professional evidencing the required coverages with limits not less than those specified in Section 11.1.k below and all endorsements as required in Article 11 herein. The coverage afforded under any insurance policy obtained under or pursuant to this Section 11.1 shall be primary to any valid and collectible insurance carried separately by any of the Indemnitees. Furthermore, all policies and Certificates of Insurance shall expressly provide that no less than thirty (30) days prior written notice (ten (10) days for non- payment of premium) shall be given the Design Professional and Owner in the event of material alteration, cancellation, nonrenewal or expiration of the coverage contained in such policy or evidenced by such certified copy or Certificate of Insurance. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.b and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.e. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness. g. Certificates of Insurance with the following or similar wording are not acceptable: “Failure to notify the certificate holder shall impose no obligation or liability of any kind upon the insurer, its agents or representatives.” h. In no event shall any failure of the Design Professional to receive certified copies or certificates of policies required under Paragraph 11.1.f or to demand receipt of such certified copies or certificates prior to the Contractor’s commencing the Work be construed as a waiver by the Owner of the Contractor’s obligations to obtain insurance pursuant to this Article 11. i. When any required insurance, due to the attainment of normal expiration date or renewal date, shall expire, the Contractor shall furnish to the Design Professional Certificates of Insurance and amendatory riders or endorsements that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as was provided by the previous policy forty-five (45) days prior to renewal date. In the event any renewal or replacement policy, for whatever reason obtained or required, is written by a carrier other than that with whom the coverage was previously placed, or the subsequent policy differ in any way from the previous policy, the Contractor shall also furnish the Design Professional with a certified copy of the renewal or replacement policy unless the Owner provide the Contractor with prior written consent to submit only a Certificate of Insurance for any such policy. All renewal and replacement policies shall be in form and substance satisfactory to the Owner and Design Professional and written by carriers acceptable to the Owner and Design Professional. j. Any Aggregate limit under the Contractor’s liability insurance, shall by endorsement, apply to this Project separately. k. The Contractor shall notify the Owner and Design Professional in writing of any reduction in collectible limits (aggregate limits) by an amount in excess of Fifty Thousand Dollars ($50,000), and the Contractor shall promptly procure, at no expense to the Owner, such additional coverage as necessary to restore the valid and collectible limits of such insurance to that required under the Contract Documents. l. The Contractor shall cause each Subcontractor to procure insurance congruent with the Contractor’s insurance requirements as specified in the Contract Documents and satisfactory to the Owner and Design Professional and name each of the Indemnitees as additional insureds under the Subcontractor’s commercial general liability, automobile and umbrella excess liability policies. The additional insured endorsement included on the Subcontractor’s commercial general liability policy shall state that coverage is afforded the additional insureds with respect to claims arising out of all on-going and completed operations performed by or on behalf of the Contractor. Each policy shall contain a Waiver of Subrogation in favor of the Indemnities, provide for forty-five (45) day notice of cancellation or non-renewal, and be primary without contribution if the additional insureds have other insurance that is applicable to the loss. If the additional insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability under this insurance policy shall not be reduced by the existence of such other insurance. m. The Indemnitees shall also be shown as “Additional Insureds” on the property, commercial general liability, automobile liability and umbrella (excess) liability policies and evidence of same must be included in Certificates of Insurance. Copies of policy endorsements must be provided listing the Indemnities as Additional Insureds, using ISO forms CG2010, CG2037, CA0070, CA0032 or their equivalents, and approved as to form by Owner. n. A “waiver of subrogation” clause in favor of the Owner will be attached to the workers compensation, commercial general liability, umbrella (excess) liability, automobile and the any applicable property insurance policies and evidence of same must be included in Certificates of Insurance. Copies of policy endorsements must be provided showing waivers of subrogation in favor of the Indemnities using ISO forms CG2404, CA0070, CA0032, WC0003 or their equivalents, and approved as to form by Owner. o. The Owner reserves the right to review the insurance requirements during the effective period of its Agreement with the Contractor, and provide a written request for the Contractor to make any reasonable and commercially available adjustments to insurance coverages and\or limits when deemed reasonably prudent by the Owner based upon its unilateral interpretation of changes in statutory law, court decisions or the Owner’s potential increase in exposure to loss. p. Neither Contractor, Subcontractor, Sub-subcontractor, nor any of their insurance carrier’s liability obligations shall be limited to the minimum limits of coverage of insurance maintained or required to be maintained by the Contract Documents. Section 11.2 Owner’s Liability Insurance a. The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. Section 11.3 Property Insurance a. The Contractor shall purchase and maintain “builder’s risk” property insurance, or comparable coverage, for the full replacement cost value thereof, for (i) the Work that is to be done, (ii) all insurable items of Work, title to which has been acquired by Owner in accordance with the Contract Documents and (iii) all materials to be incorporated in the Work, if such materials are in or upon the Premises, or in transit to Premises, whether or not title has been acquired by Owner. Such insurance shall not cover any property owned, leased, or otherwise used in connection with the Work by Contractor, Contractor’s subcontractors or the agents or employees of them, that is not forming a permanent part of the Project. This insurance shall include the interests of Owner, Contractor, and Subcontractors and shall provide coverage against loss for “direct physical damage” (previously known as “all risk” coverage) including, but not limited to, without duplication of coverage, fire, extended coverage, vandalism and malicious mischief, theft, collapse, earthquake, flood, sprinkler leakage, windstorm, testing and startup, temporary buildings and debris removal including demolition and increased cost of construction occasioned by enforcement of any applicable legal requirements. b. Any coverage related to the builder’s risk property insurance maintained by Contractor for time including delay in opening and/or extra expenses shall inure to the benefit of Owner only. Owner shall be the only party insured under such policy, with the sole exception that the Contractor may be entitled to payment of its fee and general conditions associated with the reconstruction, less any deductible. c. The Contractor’s insurance shall cover against loss for “direct physical damage” (previously known as “all risk” coverage) with sufficient limits to protect the full replacement cost value of the Work. d. If by the terms of the property insurance there is a deductible amount, in the event of a loss covered by such insurance, Contractor shall be responsible for all deductibles per occurrence which shall be considered a Cost of the Work for all insurable items of Work and materials to be incorporated in the Work, title to which has not been acquired by Owner in accordance with the Contract Documents. Except for Contractor’s deductible risk, Owner is bearing all risk of loss to the Property for which Owner, Contractor, and others have an insurable or financial interest during construction, and, in the event of a loss to the property during construction, Owner agrees to rely solely to the proceeds of the Builder’s Risk Insurance which Owner Contractor has agreed to furnish. e. To the extent permitted by law, Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other, and (2) Owner’s Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section or other property insurance applicable to the Work. Owner or Contractor, as appropriate, shall require of Owner’s Separate Contractors, if any, and the subcontractors, sub-subcontractors, agents, and employees of any of them, by written appropriate agreement, similar waivers each in favor of other parties enumerated herein. f. To the degree allowed by the insurer, Owner and Contractor shall each have its policies endorsed to provide for a waiver of the right of subrogation against the other respective party. g. Any loss insured pursuant to this Section 11.3 Property Insurance is to be adjusted by Owner and made payable to Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. Contractor shall pay each Subcontractor a just share of any insurance monies received by Contractor, and by appropriate written agreement, shall require each Subcontractor to make payments to its Sub-subcontractors in similar manner. h. Upon request, Owner shall make available for inspection by Contractor a copy of all policies to be furnished by Owner. Section 11.4 Performance, Maintenance, and Payment Bond a. The Contractor must furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. Such bonds shall be issued in an amount equal to the total Contract Sum by a surety company licensed in the state where the Project is located, with a current A.M. Best rating of at least A- X, included on the U.S. Treasury Department’s listing of approved sureties, and acceptable to the Owner and Design Professional, or as expressly agreed otherwise by the Owner and Design Professional in writing. .1 Except as otherwise required by statute, the form and substance of such bonds shall be satisfactory to the Owner in the Owner's sole judgment and shall satisfy the requirements Texas Government Code Chapters 2253 and 2269. .2 The Performance Bond, Maintenance Bond, and the Labor and Material Payment Bond shall each be in an amount equal to the Contract Sum and all subsequent increases. .3 Every Bond under this Section 11.4.a must display the Surety's Bond Number and a rider including the following provisions, which shall be attached to each Bond: a) The Surety hereby agrees that it consents to and waives notice of any addition, alteration, omission, change, or other modification of the Contract Documents; b) Any addition, alteration, change, extension of time, or other modification of the Contract Documents, or a forbearance on the part of either the Owner or the Contractor to the other, shall not release the Surety of its obligations hereunder, and notice to the Surety of such matters is hereby waived; and c) The Surety agrees that it is obligated under the bonds to any successor, grantee, or assignee of the Owner. b. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. c. The Bond Form shall be in a form provided by the Owner. d. Additional Performance, Maintenance, and Payment Bonds may be recommended by the Design Professional and required by the Owner, at the Owner’s sole discretion, from any Subcontractor. The Owner will pay such actual, additional expenditures as Cost of the Work using the process specified in Article 7 for Changes in the Work. All such bonds shall be in form and substance satisfactory to the Owner and Design Professional. e. The Contractor shall deliver the required bonds to the Owner no later than three (3) business days following the date of the Agreement is entered into, or if the Work is to be commenced prior to the date the Agreement is entered into, in response to a notification of award. The Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. f. The Contractor shall require the attorney-in-fact who executes the required bond on behalf of the surety to affix thereto a certified and current copy of the power of attorney. Section11.5 Adjustment and Settlement of Insured Loss a. 11.5.1 Omitted. b. Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have fourteen (14) days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. Section 11.6 Insurance Companies All insurance coverage procured by the Contractor shall be provided by insurance companies having current policyholder ratings no lower than “A- X” by A.M. Best and acceptable by the Owner and Design Professional, or as expressly agreed otherwise by the Owner, Contractor and Owner in writing. Such companies must be licensed to do business in the State of Texas. Section 11.7 Failure to Purchase Insurance If one or more of the Indemnitees, or the Contractor is damaged by the failure of either the Owner or the Contractor to purchase or maintain the insurance required under this Article 11, then the party who failed to purchase or maintain the insurance shall bear all reasonable costs (including attorneys’ fees and court and settlement expenses) properly attributable to the failure. Section 11.8 Insurance Limits Required The following insurance limits are the minimums to be carried by the Design Professional, the Design Professional’s consultants, the Owner’s other consultants, the Contractor, and the Subcontractors, Sub-subcontractors, and suppliers, unless higher limits are required by their respective Agreements or Texas law (in which case those limits shall control): .1 Automobile Liability $1,000,000 Combined Single Limit .2 Commercial General Liability $1,000,000 Aggregate, Per Occurrence and Personal Injury $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $500,000 Fire Damage $5,000 Medical Payments .3 Worker’s Compensation Statutory Limits $1,000,000 Employers Liability .4 Umbrella or Excess Liability $10,000,000 Per Occurrence .5 Contractor’s Environmental Impairment/Pollution coverage $1,000,000 Occurrence or Claim $2,000,000 Policy Aggregate .6 Builder’s Risk (where applicable) 100% of the total value of the work a. Limits for primary policies may differ from those shown when Umbrella or Excess Liability insurance is provided, as long as all coverage is equal to or greater than the minimum limits required herein. Article 12. UNCOVERING AND CORRECTION OF WORK Section 12.1 Uncovering of Work a. If a portion of the Work is covered contrary to the Design Professional’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Design Professional, be uncovered for the Design Professional’s examination and be replaced at the Contractor’s expense without change in the Contract Time. b. If a portion of the Work has been covered that the Design Professional has not specifically requested to examine prior to its being covered, the Design Professional may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. Section 12.2 Correction of Work a. Before Substantial Completion The Contractor shall promptly correct Work rejected by the Design Professional or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, specifically including but not limited to additional testing and inspections, the cost of uncovering and replacement; the cost of any additional supervision, material, labor, equipment, rental charges, home office overhead, and other expenditures necessitated to both rectify the non-complying conditions, protect adjacent Work of both the Contractor and the Project, and restore Work by the Contractor and others necessarily damaged in the course of rectifying the non-complying conditions; as well as compensation for the Design Professional’s services and expenses made necessary thereby, shall be at the Contractor’s expense. i. If prior to the date of Substantial Completion the Contractor, a Subcontractor, or anyone for whom either is responsible uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing, and other building systems, machinery, equipment, or other mechanical device, the Contractor shall cause such item to be restored to “like new” condition at no expense to the Owner. In addition, the Contractor shall promptly remedy damage and loss arising in conjunction with the Project caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, supplier, or anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable or for which the Contractor is otherwise responsible. b. After Substantial Completion i. In addition to the Contractor’s obligations under Section 3.5, if, within two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.a, or by terms of any applicable special warranty required by the Contract Documents, or within such longer period of time as may be prescribed by law, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. If the condition is reasonably discoverable, during the two-year period for correction of Work, and the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Design Professional, the Owner may correct it in accordance with Section 2.5, and charge the reasonable costs to the Contractor. ii. The two-year period for correction of Work shall also be extended by the period of time between Substantial Completion and the actual completion of the corrective Work performed by the Contractor pursuant to this Section 12.2, but only with respect to the corrected portions of the Work. iii. Omitted. c. Omitted. d. The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. These costs specifically include, but are not limited to such additional supervision, material, labor, equipment rental charges, home office overhead, and other expenditures necessitated to rectify the non-complying conditions, protect adjacent Work, and restore Work by the Contractor and others necessarily damaged in the course of rectifying the non-complying conditions. e. Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.b relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. f. The Contractor’s obligations under this Section 12.2 shall, without limitation, survive acceptance of the Work under the Contract and termination of the Contract. Section 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. In the event final payment has been made by the Owner subsequent to accepting such non-conforming Work, the Contractor shall pay the Owner for the reduction in the Contact Sum occasioned by such acceptance. Article 13. MISCELLANEOUS PROVISIONS Section 13.1 Governing Law The Contract shall be governed by the laws of the state of Texas. Venue on any dispute arising out of this Contract shall be in Denton County, Texas, which is the place where the Project is located and where performance is primarily to occur. Section 13.2 Successors and Assigns a. The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.b, neither party to the Contract shall assign the Contract, or any rights under the contract, in whole or in part without the written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. b. The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. c. Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. Section 13.3 Rights and Remedies a. Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. b. No action or failure to act by the Owner, Design Professional, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. Section 13.4 Quality Management Tests and Inspections a. Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Design Professional timely notice of when and where tests and inspections are to be made so that the Design Professional may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. As required by the provisions of Texas Government Code, Section 2269.058(a), the Owner shall provide or contract for the construction materials engineering, testing, and inspection services and the verification testing services necessary for acceptance of the facility by the Owner. To the extent that any of the provisions of this Section 13.4 or other provisions of this Agreement conflict with any of the provisions of Section 2269.058(a) such conflict is unintentional, and the provisions of the Texas Government Code shall control. b. If the Design Professional, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.a, the Design Professional will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Design Professional of when and where tests and inspections are to be made so that the Design Professional may be present for such procedures. Such costs, except as provided in Section 13.4.c, shall be at the Owner’s expense. c. If such procedures for testing, inspection, or approval under Sections 13.4.a and 13.4.b reveal failure of the portions of the Work to comply with requirements established by the Contract Documents (“Failed Work”), all costs made necessary by the Failed Work, including those of repeated procedures and compensation for the Design Professional’s services and expenses and all costs specified in Section 12.2 shall be at the Contractor’s expense. The Contractor also agrees all costs of testing, inspection, and approval services required for the correction of the Failed Work and the cost of such similar services related to remedial operations performed to the Failed Work shall be borne by the Contractor. d. Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Design Professional. e. If the Design Professional is to observe tests, inspections, or approvals required by the Contract Documents, the Design Professional will do so promptly and, where practicable, at the normal place of testing. f. It is the intent of the Construction Documents to require the Contractor to control the quality of the Work using the processes specified in the Contractor’s Quality Management, Commissioning, and Turnover Plan contained within the most recent Construction Management Plan approved by the Owner and Design Professional. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work and shall conform to the most recently approved Contractor’s Construction Schedule. g. The responsibility for implementing the Quality Management, Commissioning and Turnover Plan is the Contractor’s, as is the obligation to provide the Work and a complete and functional project per the Contract Documents. Notwithstanding anything herein, or in subsequently approved Quality Management, Commissioning and Turnover Plans, the Owner’s review and Design Professional’s approval of such plan(s) does not relieve the Contractor in any way of this responsibility. h. The Contractor shall be in charge of scheduling; re-scheduling (when required); and confirming adequate distribution of reports and other findings from all testing and inspections of the Work. This responsibility includes, but is not limited to, scheduling the testing services of a certified testing laboratory which, by statute shall be contracted to and paid for by the Owner. The certified testing laboratory shall be acceptable to the Design Professional; and shall perform the tests as called for in the Contract Documents. The conditions that apply to materials testing and inspections include, but are not limited to the following: .1 The frequency and type of Quality Control testing shall be established by the Contractor and shall be sufficient to insure the delivery of the Work and a complete and functional project per the Contract Documents. The type and amount of testing required by the Contract Documents shall be seen as the minimums required, and shall be increased, if in the opinion of the Contractor, more testing is needed to meet the requirements of the Contractor. .2 The Contractor shall concurrently provide the Design Professional copies of all test results it receives within three (3) business days of receipt of same. .3 The Owner shall provide such Quality Assurance testing as it and the Design Professional mutually agree to be adequate for their own needs. The Owner shall distribute the results of its own Quality Assurance tests as it, at its sole discretion, deems appropriate. The provision of Quality Assurance testing by the Owner, or lack thereof shall in no manner affect the responsibilities of the Contractor or Design Professional under this Agreement. i. The Contractor shall facilitate and conduct weekly (or more frequent if necessary) meetings on site for the coordination of all mechanical, electrical and special systems installation activities and possible interference(s) above ceilings, in mechanical rooms, etc. The mechanical trades shall typically have preference in the event of conflicts, and therefore the mechanical contractor’s coordinator will usually lead each meeting, unless the Contractor decides another trade or the Contractor should take the lead. The Design Professional shall be informed of the meetings at least seven (7) days in advance, and the appropriate Design Professional’s consultants should be invited to attend by the Contractor, as supplemented and coordinated by the Design Professional. j. The Contractor’s Quality Management, Commissioning and Turnover Plan shall specify that prior to completion and acceptance of any building system or phase, consistent with the Contract and applicable codes and Contractor will review, in detail, the steps for completing testing of all building systems with the Owner and Design Professional. This plan shall be coordinated with and shall be made part of the Contractor’s Construction Schedule. All testing shall be of each complete system, before covering, or of individually separable larger portions of each system and shall be performed in the presence of the appropriate Owner’s and Design Professional’s consultant(s), representatives of the Owner, and at its option, either or both the Design Professional. k. When heating, air conditioning, ventilating, exhaust, or other items of mechanical, electrical or other similar equipment are installed, or other systems or equipment requiring testing as may be specified in the Contractor’s Quality Management, Commissioning and Turnover Plan, it shall be the responsibility of the Contractor, Subcontractor or Sub-subcontractor installing such equipment to operate it for a period of time satisfactory to the Owner prior to acceptance and before the start of Warranty. The duration of such operation shall be as the Owner, Owner’s consultant(s), Design Professional’s consultant(s), Owner’ employees and other Owner’s representatives (the Turnover Team) shall reasonably require for proper testing of the respective system and thorough instruction of the Owner's operating personnel. l. All equipment, testing instruments, instruction materials and incidentals required for proper testing of such systems and thorough instruction of the Owner’s operating personnel on each system’s operations and maintenance shall be provided by the Contractor, Subcontractor or Sub- subcontractor responsible for providing and installing the equipment. Such tests and instruction shall be in meetings held solely for this purpose (the Turnover Meetings), which shall be coordinated and managed by the Contractor, who shall show their dates in the Contractor’s Construction Schedule at least sixty (60) days prior to occurrence. The Contractor shall schedule the Turnover Meetings at times reasonably convenient for the Owner’s consultant(s), Design Professional’s consultant(s), Owner’s employees and other Owner’s representatives that the Owner and Design Professional agree are necessary to attend for each system. The Design Professional may attend such Turnover Meetings at its discretion. m. The Contractor shall provide a digital video record to the Owner, with copies to the Design Professional of all meetings for the purpose of Owner operational staff instruction or training; as well as commissioning of equipment. These videos will become a permanent part of all Operations and Maintenance manuals as applicable. n. The Contractor shall prepare a digital video record of the project for the Owner with copies to the Design Professional at such stages as shall be indicated by the Design Professional for the purpose of documenting the location of piping, conduit, equipment, or other construction to be concealed at a later date; recording key inspections and tests; providing evidence of unforeseeable conditions encountered by the Contractor on site; and other construction issues as the Design Professional may reasonably require from time to time. o. The Contractor shall layout and mark any plantings, shrubs and trees which will require removal a minimum of five (5) business days prior to their removal. The Contractor shall notify the Design Professional in writing immediately upon completion of this marking, and the Design Professional will have the location of these marked plantings, shrubs and trees reviewed and approved (if correct) by the Owner. The Design Professional will then give permission for removal in writing to the Contractor. Plantings, shrubs, and trees shall not be removed or damaged without such permission. Section 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest as set forth in the provisions of Texas Government Code, Chapter 2251 or its successor statute. Section 13.6 Time Limits on Claims The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than ten (10) years after the date of Substantial Completion of the Work. Section 13.8 Measurement Before ordering any material or doing any Work, the Contractor shall verify all measurements for Work completed at the Project and shall be responsible for their accuracy. Any differences found shall be submitted to the Design Professional for consideration before proceeding with the Work. The Contractor shall use its utmost efforts to identify discrepancies in dimensions in a timely fashion and notify the Owner and Design Professional of these prior to commencing any Work affected by the ambiguous dimensions. No extra charge or compensation shall be allowed because of differences between actual measurements and the dimensions indicated on the drawings. Section 13.9 Expediting Materials The Contractor shall immediately, after receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for the Work, and shall submit to the Design Professional evidence that such orders have been placed in accordance with the Contractor’s Construction Schedule. Section 13.10 Addressing the Owner’s Additional Needs and Concerns a. Notwithstanding the above, the Owner has a unique set of stakeholders and organizational structure that creates special challenges the Contractor must completely and successfully address to the satisfaction of the Owner and Design Professional in the performance of the Work under this Agreement. The actions that shall be taken to address these special challenges include, but are not limited to, the following: .1 The Contractor shall provide the Superintendent once per month for a scheduled meeting with the Owner for a progress update on the project if requested by the Owner. A walk-through of the site may be held as a part of this meeting, which shall be scheduled by mutual agreement during regular business hours. .2 The Contractor may be required to provide the Superintendent for one meeting per month with the Design Professional for the purpose of assisting the Owner in preparing City Council agenda items and assisting City staff in preparing presentations to the City Council for the benefit of the public. The actual preparation and submission of the City Council of any agenda or work session item shall be performed by the Owner. .3 In addition to the meetings required to complete the Project, it is anticipated the Owner may request tours from time to time of the project and the site. The Contractor shall indicate in writing when such activity will be permitted and when the site is off limits. These requirements shall be coordinated through the Owner. Section 13.11 Additional Provisions a. In the event that any provision herein is held to be unlawful, against public policy, or a violation of the Charter or Ordinances of the Denton City, Texas, such provision shall be modified to make it valid, or if modification is not possible, such provision shall be deleted and the remainder of this Agreement shall remain in full force and effect. b. Each party hereto agrees to, without limitation, perform all acts; provide all services, material, equipment, labor and supervision; and to make, execute, and deliver such written instruments, as shall from time to time be reasonably required to carry out the terms and provisions of the Contract Documents. c. All exhibits referred to in the Contract Documents are, by reference, incorporated herein for all purposes. d. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of the Contract Documents. e. Any specific requirement in this Contract that require responsibilities or obligations of the Contractor also apply to a Subcontractor is added for emphasis and is also hereby deemed to include a Subcontractor, Sub-subcontractor or supplier of any tier. The omission of a reference to a Subcontractor in connection with any of the Contractor’s responsibilities or obligations shall not be construed to diminish, abrogate, or limit any responsibilities or obligations of a Subcontractor, Sub-subcontractor or supplier of any tier under the Contract Documents or the applicable subcontract. f. The provisions of the Contract Documents shall not be changed, amended, waived, or otherwise modified in any respect except by a written document signed by Owner. No person is authorized on behalf of Owner to orally change, amend, waive, or otherwise modify the terms of the Contract Documents or any of the Contractor’s duties or obligations under or arising out of the Contract Documents. Any change, waiver, approval, or consent granted to the Contractor shall be limited to the specific material restated in the written document signed by Owner and shall not relieve Contractor of any other of the duties and obligations under the Contract Documents. g. The Contractor shall provide and file, as required by law, all notices required or permitted by the laws of the state in which the Project is located for protection of Owner from liens and claims of lien if permitted or required by applicable law. Contractor shall be responsible for filing in the appropriate court or other governmental office records all such notices as required or permitted by the laws of the state in which the Project is located. h. The Contractor shall provide Owner with copies of all notices received by Contractor from Subcontractors, Sub-subcontractors, and/or suppliers to Contractor. i. The Owner is a Texas home-rule municipality and as such is generally exempt from taxation under Texas law, which may include the purchase of items, materials, or supplies purchased on behalf of the Owner for this public works project. Contractor shall confirm that the Owner is exempt before paying taxes for items, materials, or supplies that may not be lawfully charged to the Owner. j. Owner affirmatively represents that its governing body has duly appropriated such sums which are equal to or in excess of the contract amount, and that such contract amount may be lawfully paid by Owner to Contractor subject to the terms and conditions of the Contract Documents. In the event that Owner approves a Change Order, Construction Change Directive or other additional compensable Work to be performed by Contractor, (other than that contemplated by the Contract Documents under any remedy-granting provision), Owner will issue a written assurance at the time of such approval that such additional compensation to be paid has also been duly appropriated by the Owner’s governing body. k. In the event the Owner is required to further advertise the completion of the Work or the Project under any local, state or Federal law, the Contractor shall notify the Owner and Design Professional of such requirement(s) in writing not less than thirty (30) days in advance and attach a copy of the specific advertising and noticing required. l. The Contractor shall, in addition to compliance with the requirements of Section 3.7.f and without limitation, not knowingly employ or contract with an illegal alien to perform any of the Work under this Agreement. The Contractor shall not knowingly contract with a Subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work under this Agreement or (ii) fails to certify to the Contractor that the Subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. i. The Contractor shall comply with any reasonable request of the Texas Workforce Commission made in the course of an investigation pursuant to state law. ii. In addition to any other legal or equitable remedy, and notwithstanding anything to the contrary in the Contract Document the Owner may be entitled to for a breach of the Agreement, if the Owner terminates this Agreement, in whole or in part, due to Contractor’s breach of the obligations set forth above in this Section 13.11.l Contractor shall be liable for actual and consequential damages to the Owner. m. It is the express intention of the parties that this Agreement is not to be construed as a waiver of any immunities or defenses of the Owner under Texas law. n. Notwithstanding any other provision in the Contract Documents to the contrary, public property is protected from forced sale and therefore may not be made the subject of a mechanic’s lien. Nothing in the Contract Documents shall be construed to allow a mechanic’s lien on public property owned by the Owner. The Owner does not waive its immunities or right to object to or contest such a lien. Article 14. TERMINATION OR SUSPENSION OF THE CONTRACT Section 14.1 Termination by the Contractor a. The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; or .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped. b. The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. c. If one of the reasons described in Section 14.1.a or 14.1.b exists, the Contractor may, upon seven (7) days’ notice to the Owner and Design Professional, terminate the Contract and recover from the Owner payment for Work executed, including other costs allowed by the law. d. If the Work is stopped for a period of sixty (60) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Design Professional, terminate the Contract and recover from the Owner as provided in Section 14.1.c. Section 14.2 Termination by the Owner for Cause a. The Owner may terminate the Contract if the Contractor: .1 refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; .4 otherwise is guilty of substantial breach of a provision of the Contract Documents; or .5 contractor becomes insolvent or makes a general assignment for the benefit of its creditors. b. When any of the reasons described in Section 14.2.a exist, and upon certification by the Design Professional that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. c. When the Owner terminates the Contract for one of the reasons stated in Section 14.2.a, the Contractor shall not be entitled to receive further payment. d. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Design Professional’s, Design Professional’s consultants’, and Owner’s other consultants’ services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. i. The costs of finishing the Work include, without limitation, all reasonable attorneys’ fees, additional title costs, insurance, additional interest because of any delay in completing the Work, and all other direct and indirect costs incurred by the Owner by reason of the termination of the Contractor as stated herein. Section 14.3 Suspension by the Owner for Convenience a. The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. b. The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.a. Adjustment of the Contract Sum shall be as specified in Article 7. No adjustment shall be made to the extent: .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. Section 14.4 Termination by the Owner for Convenience a. The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. b. Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. c. Upon such termination for the Owner’s convenience, the Contractor shall recover as its sole remedy payment for Work properly performed in connection with the terminated portion of the Work prior to the effective date of termination and for items properly and timely fabricated off the Project site, delivered and stored in accordance with the Contract Documents and Owner’s further instructions. The Contractor waives and forfeits all other claims for payment and damages, including, without limitation, anticipated profits, lost opportunity costs, and potential and actual unabsorbed overhead costs. The Owner shall be credited for (1) payments previously made to the Contractor for the terminated portion of the Work; (2) claims that the Owner has against the Contractor under the Contract; and (3) the value of the materials, supplies, equipment, or other items that are to be disposed of by the Contractor that are part of the Contract. Article 15. CLAIMS AND DISPUTES Section 15.1 Claims a. Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.a does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. b. Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the dispute resolution method selected in the Agreement and within the period specified by applicable law. c. Notice of Claims Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Design Professional, if the Design Professional is not serving as the Initial Decision Maker.; provided, however, that the claimant shall use its best efforts to furnish the Initial Decision Maker and the other party, as expeditiously as possible, with notice of any Claim including, without limitation, those in connection with concealed or unknown conditions, once such claim is recognized, and shall cooperate with the Design Professional and the party against whom the claim is made in any effort to mitigate the alleged or potential damages, delay, or other adverse consequences arising out of the condition that is the cause of such a Claim. Claims by either party must be initiated within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one ( 21 ) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. i. Claims Made After Final Payment After Final Payment, Claims made by the Contractor that have not otherwise been waived pursuant to this Contract, must be initiated within one hundred and eighty (180) days from the date of Final Payment by written notice to the Owner as a condition precedent to the Contractor’s right to sue on the Contract. ii. Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.b, shall be initiated by notice to the other party. In such event, no recommendation by the Initial Decision Maker is required. d. Continuing Contract Performance i. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. ii. The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Design Professional will prepare Change Orders and issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. e. Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.c shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. Damages available to the Contractor are limited to those set forth in the Texas Local Government Code, Subchapter I, Section 271.153 or its successor statute(s). f. Claims for Additional Time i. If the Contractor wishes to make a Claim for an increase in the Contract Time, the Contractor shall provide written notice as required by Sections 8.3.d. and 8.3.e. ii. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented in accordance with Section 8.3.e. g. Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.g shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. Section 15.2 Initial Decision Omitted. Section 15.3 Mediation a. Claims, disputes, or other matters in controversy arising out of or related to the Contract shall be subject to mediation as a condition precedent to precedent to filing suit in a state district court having competent jurisdiction per the Contract Documents. If a statute of limitations is at issue, then suit may be filed by either party to toll the statute, but the suit shall then be stayed pending completion of the agreed mediation. If the parties cannot agree on a mediator, then the court may appoint one upon application of either party. b. The parties shall endeavor to resolve their Claims by mediation. A request for mediation, shall be made in writing, delivered to the other party to the Contract. c. Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings. d. The parties shall share the mediator’s fee equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Written agreement(s) reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. This page intentionally left blank 00 73 01 SUPPLEMENTARY CONDITIONS - CSP 8692 Page 1 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 12, 2024 Effective February 12, 2024 SECTION 00 73 01 1 SUPPLEMENTARY CONDITIONS - CSP 2 TO 3 GENERAL CONDITIONS 4 5 Supplementary Conditions 6 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10 of the General Conditions which are not so modified or supplemented remain in full force and effect. 11 12 Defined Terms 13 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 14 meaning assigned to them in the General Conditions, unless specifically noted herein. 15 16 Modifications and Supplements 17 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 18 other Contract Documents. 19 20 SC-1.01 “Defined Terms” 21 The following Terms are added to the General Conditions as follows: 22 23 Competitive Sealed Proposals – A procurement method by which a governmental entity requests 24 proposals, evaluates and ranks the Offerors, and negotiates a contract with a general contractor for 25 the construction, rehabilitation, alteration, or repair of a facility. 26 27 Daily Value – The City-determined value in dollars as indicated in the Proposal Form as the value 28 of one Day for the purposes of determining the Incentive (if applicable) for Substantial 29 Completion relative to the Contract Time and achievement of Substantial Completion. 30 31 Weekend Working Hours—Those hours between 8:00 a.m. and 8:30 p.m. on Saturday, and 32 between 1:00 p.m. and 8:30 p.m. on Sunday or on a federal or state holiday observed by the City, 33 as approved in advance by the City for performing Work. 34 35 Working Day—Defined as a Business Day but excluding any days that weather or other conditions 36 beyond the reasonable control of the Contractor prevents the performance of the principal unit of 37 work underway for a continuous period of not less than 7 hours between 7:00 a.m. and 8:00 p.m. 38 39 SC-2.01 40 Easement limits shown on the Drawings are approximate and were provided to establish a basis for 41 proposals. Upon receiving the final easements descriptions, Contractor shall compare them to the lines 42 shown on the Contract Drawings. 43 44 SC-2.01A., “Availability of Lands” 45 46 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 47 November 25, 2024 48 49 Outstanding Right-Of-Way, and/or Easements to Be Acquired 50 00 73 01 SUPPLEMENTARY CONDITIONS - CSP 8692 Page 2 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 12, 2024 Effective February 12, 2024 PARCEL NUMBER OWNER TARGET DATE OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and 1 do not bind the City. 2 3 If Contractor considers the final easements provided to differ materially from the representations on the 4 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 5 notify City in writing associated with the differing easement line locations. 6 7 SC-2.01B., “Availability of Lands” 8 Utilities or obstructions to be removed, adjusted, and/or relocated 9 10 The following is the list of utilities and/or obstructions that have not been removed, adjusted, and/or 11 relocated as of November 25, 2024 12 13 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 14 and do not bind the City. 15 16 SC-3.01, “Subsurface and Physical Conditions” 17 18 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 19 None 20 21 The following are drawings of physical conditions in or relating to existing surface and subsurface 22 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 23 None 24 25 SC-4.01, “Underground Facilities 26 27 The following are additional resources for identification of Underground Facilities which are at or 28 contiguous to the site of the Work, and which are not necessarily shown in the Drawings: 29 None 30 31 SC-5.01, “Hazardous Environmental Conditions at Site” 32 33 The following are reports and drawings of existing hazardous environmental conditions known to the City: 34 None 35 36 SC-6.01, “Certificates of Insurance” 37 38 The entities listed below are "additional insureds as their interest may appear" including their respective 39 officers, directors, agents and employees. 40 41 (1) City 42 00 73 01 SUPPLEMENTARY CONDITIONS - CSP 8692 Page 3 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 12, 2024 Effective February 12, 2024 (2) Consultant: Nelson+Morgan Architects, Inc. 1 (3) Other: 2 3 SC-7.01, “Concerning Subcontractors and Suppliers” 4 5 The following subcontractors shall be required to be utilized by the Contractor for specific portions of the 6 Work as indicated below: 7 8 Required Subcontractors 9 SUBCONTRACTOR COMPANY NAME DESCRIPTION OF WORK TO BE PERFORMED None 10 SC-8.01., “Permits and Utilities” 11 12 SC-8.01A., “Contractor obtained permits and licenses” 13 The following are known permits and/or licenses required by the Agreement to be acquired by the 14 Contractor: 15 1. All City of Denton required permits 16 SC-8.01B. “City obtained permits and licenses” 17 The following are known permits and/or licenses required by the Agreement to be acquired by the City: 18 1. None 19 20 SC-8.01C. “Outstanding permits and licenses” 21 22 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of November 23 25, 2024: 24 25 Outstanding Permits and/or Licenses to Be Acquired 26 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 27 28 SC-10.01, “Coordination” 29 30 The individuals or entities listed below have contracts with the City for the performance of other work at 31 the Site: 32 Vendor Scope of Work Coordination Authority None None None 33 SC-11.01, “Communications to Contractor” 34 35 Contractor is to use Procore for project management software 36 37 SC-12.01, “City’s Project Manager” 38 39 The City’s Project Manager for this Contract is Tom Gramer, or his/her successor pursuant to written 40 notification from the City Engineer. 41 42 00 73 01 SUPPLEMENTARY CONDITIONS - CSP 8692 Page 4 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 12, 2024 Effective February 12, 2024 SC-13.01, “Tests and Inspections” 1 None 2 3 SC-14.01, “Methods and Procedures” 4 None 5 6 SC – 15.01, “Documents” 7 8 Any documents submitted to the City in electronic format shall be considered equivalent to an original of 9 such document. 10 11 SC – 16.01 “Labor; Working Hours” 12 13 1. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work 14 and perform construction as required by the Contract Documents. Contractor shall at all times 15 maintain good discipline and order at the Site. 16 2. Contractor shall be fully responsible to City for all acts and omissions of Contractor’s 17 employees; of Suppliers and Subcontractors, and their employees; and of any other individuals 18 or entities performing or furnishing any of the Work, just as Contractor is responsible for 19 Contractor’s own acts and omissions. 20 3. Except as otherwise required for the safety or protection of persons or the Work or property 21 at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all 22 Work at the Site shall be performed during regular working hours on Business Days. 23 Contractor will not permit the performance of Work outside of regular working hours on 24 Business Days without City’s prior written consent (which will not be unreasonably 25 withheld)). Contractor’s written request (by letter or electronic communication) for City’s 26 written consent must be made as follows: 27 a. for Work beyond regular working hours on Business Days, request must be made by 28 noon at least two (2) Business Days prior; 29 b. for Work during Weekend Working Hours, request must be made by noon of the 30 preceding Wednesday; and 31 c. for Work on state or federal holidays observed by the City, request must be made 32 sufficiently in advance of the holiday, to satisfy requirements for City Council 33 approval. 34 35 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 00 73 74 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES - CSP Page 1 of 1 CITY OF DENTON [Insert Proposal Number] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Engineering Project Number] Revised November 23, 2020 Effective January 15, 2021 SECTION 00 73 74 1 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES - CSP 2 3 4 5 [Contractor: Replace this page with Form 1295 for this Contract, which can be obtained at 6 www.ethics.state.tx.us] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 This page intentionally left blank 01 11 00 SUMMARY OF WORK Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Denton Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered incidental to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Incidental Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Contract Documents in which no 24 specific item for bid has been provided for in the Proposal, then the item shall be 25 considered as an incidental item of Work, the cost of which shall be included in the 26 price bid in the Proposal for various bid items. 27 C. Use of Premises 28 1. Coordinate uses of premises under direction of the City. 29 2. Assume full responsibility for protection and safekeeping of materials and 30 equipment stored on the Site. 31 3. Use and occupy only portions of the public streets and alleys, or other public places 32 or other rights-of-way as provided for in the ordinances of the City, as shown in the 33 Contract Documents, or as may be specifically authorized in writing by the City. 34 a. A reasonable amount of tools, materials, and equipment for construction 35 purposes may be stored in such space, but no more than is necessary to avoid 36 delay in the construction operations. 37 01 11 00 SUMMARY OF WORK Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Work to 34 the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be incidental to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 SUMMARY OF WORK Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 This page intentionally left blank 01 25 00 SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 25 00 1 SUBSTITUTION PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for requesting the approval of substitution of a product that is not 6 equivalent to a product which is specified by descriptive or performance criteria or 7 defined by reference to 1 or more of the following: 8 a. Name of manufacturer 9 b. Name of vendor 10 c. Trade name 11 d. Catalog number 12 2. Substitutions are not "or-equals". 13 B. Deviations from this City of Denton Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 – General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered incidental to the various items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Request for Substitution - General 25 1. Within 30 days after award of Agreement (unless noted otherwise), the City will 26 consider formal requests from Contractor for substitution of products in place of 27 those specified. 28 2. Certain types of equipment and kinds of material are described in Specifications by 29 means of references to names of manufacturers and vendors, trade names, or 30 catalog numbers. 31 a. When this method of specifying is used, it is not intended to exclude from 32 consideration other products bearing other manufacturer's or vendor's names, 33 trade names, or catalog numbers, provided said products are "or-equals," as 34 determined by City. 35 3. Other types of equipment and kinds of material may be acceptable substitutions 36 under the following conditions: 37 a. Or-equals are unavailable due to strike, discontinued production of products 38 meeting specified requirements, or other factors beyond control of Contractor; 39 or, 40 This page intentionally left blank 01 25 00 SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 b. Contractor proposes a cost and/or time reduction incentive to the City. 1 1.5 SUBMITTALS 2 A. See Request for Substitution Form (attached) 3 B. Procedure for Requesting Substitution 4 1. Substitution shall be considered only: 5 a. After award of Agreement 6 b. Under the conditions stated herein 7 2. Submit one PDF copy via email to the Project Manager and their duly appointed 8 representative, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. 47 01 25 00 SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 4. No additional contract time will be given for substitution. 1 5. Substitution will be rejected if: 2 a. Submittal is not through the Contractor with his stamp of approval 3 b. Request is not made in accordance with this Specification Section 4 c. In the City’s opinion, acceptance will require substantial revision of the original 5 design 6 d. In the City’s opinion, substitution will not perform adequately the function 7 consistent with the design intent 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A. In making request for substitution or in using an approved product, the Contractor 13 represents that the Contractor: 14 1. Has investigated proposed product, and has determined that it is adequate or 15 superior in all respects to that specified, and that it will perform function for which 16 it is intended 17 2. Will provide same guarantee for substitute item as for product specified 18 3. Will coordinate installation of accepted substitution into Work, to include building 19 modifications if necessary, making such changes as may be required for Work to be 20 complete in all respects 21 4. Waives all claims for additional costs related to substitution which subsequently 22 arise 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 01 25 00 SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 EXHIBIT A 1 REQUEST FOR SUBSTITUTION FORM: 2 3 TO: 4 PROJECT: DATE: 5 We hereby submit for your consideration the following product instead of the specified item for 6 the above project: 7 SECTION PARAGRAPH SPECIFIED ITEM 8 9 10 Proposed Substitution: 11 Reason for Substitution: 12 Include complete information on changes to Drawings and/or Specifications which proposed 13 substitution will require for its proper installation. 14 15 Fill in Blanks Below: 16 A. Will the undersigned contractor pay for changes to the building design, including engineering 17 and detailing costs caused by the requested substitution? 18 19 20 B. What effect does substitution have on other trades? 21 22 23 C. Differences between proposed substitution and specified item? 24 25 26 D. Differences in product cost or product delivery time? 27 28 29 E. Manufacturer's guarantees of the proposed and specified items are: 30 31 Equal Better (explain on attachment) 32 The undersigned states that the function, appearance and quality are equivalent or superior to the 33 specified item. 34 Submitted By: For Use by City 35 36 Signature Recommended Recommended 37 as noted 38 39 Firm Not recommended Received late 40 Address By 41 Date 42 Date Remarks 43 Telephone 44 45 For Use by City: 46 47 Approved Rejected 48 City Date 49 This page intentionally left blank 01 29 76 STORED MATERIALS (MATERIALS ON HAND) Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 29 76 1 STORED MATERIALS AND EQUIPMENT (MATERIALS ON HAND) 2 PART 1 - \GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for requesting payment for stored materials and equipment 6 (materials on hand). 7 B. Deviations from this City of Denton Standard Specification: 8 1. None. 9 C. Related Specification Sections include but are not limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the 11 Contract. 12 2. Division 1 - General Requirements. 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this item is considered incidental to the various items bid. No 16 separate payment will be allowed for this item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Request for Payment of Stored Materials and Equipment 20 1. Provide written request to City, if payment is requested on the basis of approved 21 materials and equipment delivered and stored at the Site, or other agreed upon 22 location, in accordance with the Contract Documents, and which will not be 23 incorporated into the Work for a minimum of thirty (30) days from delivery. 24 B. Payment for Materials and Equipment 25 1. Payment will be made in accordance with Article 9 of the General Conditions, less 26 retainage. 27 2. Payment will not exceed the total estimated quantity required to complete the 28 Work. 29 3. The amounts advanced for stored materials and equipment will be deducted from 30 payments to the Contractor as the materials or equipment are incorporated into the 31 Work. 32 4. Payment for stored materials and equipment will not constitute acceptance of the 33 relevant portion of the Work which the materials will be incorporated into. 34 C. Allowed Materials and Equipment 35 01 29 76 STORED MATERIALS (MATERIALS ON HAND) Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1. Payment for stored materials and equipment will be limited to major items 1 associated with the Work. Perishable articles and small warehouse items will not 2 be considered for payment for this item. Examples of major items associated with 3 the Work include the following items: 4 a. None 5 2. All items submitted for payment will be subject to approval for payment by relevant 6 City departments and the City Project Manager. 7 D. Returned Materials/Equipment 8 1. Should stored materials/equipment that have been paid for under this Section need 9 to be returned for any reason, the Contractor shall bear any fees associated with the 10 return. 11 E. Contractor shall save the City harmless in the event of loss or damage of 12 materials/equipment for which advance payments have been made in accordance with 13 this Section. 14 1.5 SUBMITTALS 15 A. Provide a certified inventory of the quantity of each stored item and accompanying 16 invoice. 17 B. Within thirty (30) days after the Contractor receives payment for stored materials or 18 equipment, provide a copy of a certified paid invoice statement for each item for which 19 payment has been made by Contractor. 20 1. If certification of payment is not presented within the thirty (30) day period, the 21 advanced payment will be deducted from the next progress payment. 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY, STORAGE, AND HANDLING 27 A. Delivery and Acceptance Requirements 28 B. Storage and Handling Requirements 29 1. Secure and maintain a location to store the materials and equipment in accordance 30 with Section 01 66 00. 31 01 29 76 STORED MATERIALS (MATERIALS ON HAND) Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1.11 FIELD CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION [NOT USED] 4 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 This page intentionally left blank 01 31 19 PRECONSTRUCTION MEETING Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 31 19 1 PRECONSTRUCTION MEETING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6 clarify construction contract administration procedures 7 B. Deviations from this City of Denton Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered incidental to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded, tapes will be used to prepare minutes and retained by City for 24 future reference. 25 4. Project Manager will establish their duly authorized representative(s) authorized to 26 make decisions as identified in the Contract Documents. 27 B. Preconstruction Meeting 28 1. A preconstruction meeting will be held within 14 days after the execution of the 29 Agreement and before Work is started. 30 a. The meeting will be scheduled and administered by the City. 31 2. The Project Manager will preside at the meeting, prepare the notes of the meeting 32 and distribute copies of same to all participants who so request by fully completing 33 the attendance form to be circulated at the beginning of the meeting. 34 3. Attendance shall include: 35 a. Project Manager 36 b. Project Manager’s duly authorized representative (if any) 37 c. Contractor's project manager 38 01 31 19 PRECONSTRUCTION MEETING Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 d. Contractor's superintendent 1 e. Any subcontractor or supplier representatives whom the Contractor may desire 2 to invite or the City may request 3 f. Other City representatives 4 g. Others as appropriate 5 4. Construction Schedule 6 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 7 provide at Preconstruction Meeting. 8 b. City will notify Contractor of any schedule changes upon Notice of 9 Preconstruction Meeting. 10 5. Preliminary Agenda may include: 11 a. Introduction of Project Personnel 12 b. General Description of Project 13 c. Status of right-of-way, utility clearances, easements or other pertinent permits 14 d. Contractor’s work plan and schedule 15 e. Contract Time 16 f. Notice to Proceed 17 g. Construction Staking 18 h. Progress Payments 19 i. Additional work and Change Order Procedures 20 j. Construction Change Directive 21 k. Disposal Site Letter for Waste Material 22 l. Insurance Renewals 23 m. Payroll Certification 24 n. Material Certifications and Quality Control Testing 25 o. Public Safety and Convenience 26 p. Documentation of Pre-Construction Conditions 27 q. Weekend Work Notification 28 r. Legal Holidays 29 s. Trench Safety Plans 30 t. Confined Space Entry Standards 31 u. Coordination with the City’s representative for operations of existing water 32 systems 33 v. Storm Water Pollution Prevention Plan 34 w. Coordination with other contractors 35 x. Early Warning System 36 y. Contractor Evaluation 37 z. Special Conditions applicable to the project 38 aa. Damages Claims 39 bb. Submittal Procedures 40 cc. Substitution Procedures 41 dd. Correspondence Routing 42 ee. Record Drawings 43 ff. Temporary construction facilities 44 gg. Final Acceptance 45 hh. Final Payment 46 ii. Communications Plan 47 jj. Questions or Comments 48 01 31 19 PRECONSTRUCTION MEETING Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 This page intentionally left blank 01 31 20 PROJECT MEETINGS Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 31 20 1 PROJECT MEETINGS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for project meetings throughout the construction period to enable orderly 6 review of the progress of the Work and to provide for systematic discussion of 7 potential problems 8 B. Deviations this City of Denton Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 – General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered incidental to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Schedule, attend and administer as specified, periodic progress meetings, and 21 specially called meetings throughout progress of the Work. 22 2. Representatives of Contractor, subcontractors and suppliers attending meetings 23 shall be qualified and authorized to act on behalf of the entity each represents. 24 3. Meetings administered by City may be recorded. 25 4. Meetings, in addition to those specified in this Section, may be held when requested 26 by the City, Design Professional or Contractor. 27 B. Progress Meetings 28 1. Formal project coordination meetings will be held bi-weekly. Meetings will be 29 scheduled and administered by Project Manager. 30 a. Additional meetings may be held at the request of the : 31 1) City 32 2) Design Professional 33 3) Contractor 34 2. Additional progress meetings to discuss specific topics will be conducted on an as-35 needed basis. Such additional meetings shall include, but not be limited to: 36 a. Coordinating shutdowns 37 b. Installation of piping and equipment 38 01 31 20 PROJECT MEETINGS Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 c. Coordination between other construction projects 1 d. Resolution of construction issues 2 e. Equipment approval 3 3. The Project Manager will preside at progress meetings, prepare the notes of the 4 meeting and distribute copies of the same to all participants who so request by fully 5 completing the attendance form to be circulated at the beginning of each meeting. 6 4. Attendance shall include: 7 a. Contractor's project manager 8 b. Contractor's superintendent 9 c. Any subcontractor or supplier representatives whom the Contractor may desire 10 to invite or the City may request 11 d. Design Professional's representatives 12 e. City’s representatives 13 f. Others, as requested by the Project Manager 14 5. Preliminary Agenda may include: 15 a. Review of Work progress since previous meeting 16 b. Field observations, problems, conflicts 17 c. Items which impede construction schedule 18 d. Review of off-site fabrication, delivery schedules 19 e. Review of construction interfacing and sequencing requirements with other 20 construction contracts 21 f. Corrective measures and procedures to regain projected schedule 22 g. Revisions to construction schedule 23 h. Progress, schedule, during succeeding Work period 24 i. Coordination of schedules 25 j. Review submittal schedules 26 k. Maintenance of quality standards 27 l. Pending changes and substitutions 28 m. Review proposed changes for: 29 1) Effect on construction schedule and on completion date 30 2) Effect on other contracts of the Project 31 n. Review Record Documents 32 o. Review monthly pay request 33 p. Review status of Requests for Information 34 6. Meeting Location 35 a. The City will establish a meeting location. 36 1) To the extent practicable, meetings will be held at the Site. 37 01 31 20 PROJECT MEETINGS Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 This page intentionally left blank 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 32 16 1 CONSTRUCTION PROGRESS SCHEDULE 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General requirements for the preparation, submittal, updating, status reporting and 6 management of the Construction Progress Schedule 7 B. Deviations from this City of Denton Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Agreement Forms and Conditions of the 11 Contract 12 2. Division 1 – General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered incidental to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES 18 A. Definitions 19 1. Baseline Schedule - Initial schedule submitted before work begins that will serve 20 as the baseline for measuring progress and departures from the schedule. 21 2. Progress Schedule - Monthly submittal of a progress schedule documenting 22 progress on the project and any changes anticipated. 23 3. Schedule Narrative - Concise narrative of the schedule including schedule 24 changes, expected delays, key schedule issues, critical path items, etc 25 B. Reference Standards 26 1. None 27 1.4 ADMINISTRATIVE REQUIREMENTS 28 A. Baseline Schedule 29 1. General 30 a. Prepare a baseline Schedule using approved software and the Critical Path 31 Method (CPM). 32 b. Review the draft baseline Schedule with the City to demonstrate understanding 33 of the work to be performed and known issues and constraints related to the 34 schedule. 35 c. Designate an authorized representative (Project Scheduler) responsible for 36 developing and updating the schedule and preparing reports. 37 B. Progress Schedule 38 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 1. Update the progress Schedule monthly. 1 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 2 3. Change Orders 3 a. Incorporate approved change orders, resulting in a change of Contract Time, in 4 the baseline Schedule. 5 C. Responsibility for Schedule Compliance 6 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 7 Report that delays to the critical path have resulted and the Agreement completion 8 date will not be met, or when so directed by the City, make some or all of the 9 following actions at no additional cost to the City 10 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 11 outlining: 12 1) A written statement of the steps intended to take to remove or arrest the 13 delay to the critical path in the approved schedule 14 2) Increase construction manpower in such quantities and crafts as will 15 substantially eliminate the backlog of work and return current Schedule to 16 meet projected baseline completion dates 17 3) Increase the number of working hours per shift, shifts per day, working 18 days per week, the amount of construction equipment, or any combination 19 of the foregoing, sufficiently to substantially eliminate the backlog of work 20 4) Reschedule activities to achieve maximum practical concurrency of 21 accomplishment of activities, and comply with the revised schedule 22 2. If no written statement of the steps intended to take is submitted when so requested 23 by the City, the City may direct the Contractor to increase the level of effort in 24 manpower (trades), equipment and work schedule (overtime, weekend and holiday 25 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 26 to the critical path in the approved schedule. 27 a. No additional cost for such work will be considered. 28 D. The Contract Time will be adjusted only for causes specified in this Contract. 29 a. Requests for an extension of any Agreement completion date must be 30 supplemented with the following: 31 1) Furnish justification and supporting evidence as the City may deem 32 necessary to determine whether the requested extension of time is entitled 33 under the provisions of this Contract. 34 a) The City will, after receipt of such justification and supporting 35 evidence, make findings of fact and will advise the Contractor, in 36 writing thereof. 37 2) If the City finds that the requested extension of time is entitled, the City's 38 determination as to the total number of days allowed for the extensions 39 shall be based upon the approved total baseline schedule and on all data 40 relevant to the extension. 41 a) Such data shall be included in the next updating of the Progress 42 schedule. 43 b) Actual delays in activities which, according to the Baseline schedule, 44 do not affect any Agreement completion date shown by the critical path 45 in the network will not be the basis for a change therein. 46 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 2. Submit each request for change in Agreement completion date to the City within 30 1 days after the beginning of the delay for which a time extension is requested but 2 before the date of final payment under this Contract. 3 a. No time extension will be granted for requests which are not submitted within 4 the foregoing time limit. 5 b. From time to time, it may be necessary for the Agreement schedule or 6 completion time to be adjusted by the City to reflect the effects of job 7 conditions, weather, technical difficulties, strikes, unavoidable delays on the 8 part of the City or its representatives, and other unforeseeable conditions which 9 may indicate schedule adjustments or completion time extensions. 10 1) Under such conditions, the City will direct the Contractor to reschedule the 11 work or Agreement completion time to reflect the changed conditions and 12 the Contractor shall revise his schedule accordingly. 13 a) No additional compensation will be made to the Contractor for such 14 schedule changes except for unavoidable overall Agreement time 15 extensions beyond the actual completion of unaffected work, in which 16 case the Contractor shall take all possible action to minimize any time 17 extension and any additional cost to the City. 18 b) Available float time in the Baseline schedule may be used by the City 19 as well as by the Contractor. 20 3. Float or slack time is defined as the amount of time between the earliest start date 21 and the latest start date or between the earliest finish date and the latest finish date 22 of a chain of activities on the Baseline Schedule. 23 a. Float or slack time is not for the exclusive use or benefit of either the 24 Contractor or the City. 25 b. Proceed with work according to early start dates, and the City shall have the 26 right to reserve and apportion float time according to the needs of the project. 27 c. Acknowledge and agree that actual delays, affecting paths of activities 28 containing float time, will not have any effect upon Agreement completion 29 times, providing that the actual delay does not exceed the float time associated 30 with those activities. 31 E. Coordinating Schedule with Other Agreement Schedules 32 1. Where work is to be performed under this Agreement concurrently with or 33 contingent upon work performed on the same facilities or area under other 34 contracts, the Baseline Schedule shall be coordinated with the schedules of the 35 other contracts. 36 a. Obtain the schedules of the other appropriate contracts from the City for the 37 preparation and updating of Baseline schedule and make the required changes 38 in his schedule when indicated by changes in corresponding schedules. 39 2. In case of interference between the operations of different contractors, the City will 40 determine the work priority of each contractor and the sequence of work necessary 41 to expedite the completion of the entire Project. 42 a. In such cases, the decision of the City shall be accepted as final. 43 b. The temporary delay of any work due to such circumstances shall not be 44 considered as justification for claims for additional compensation. 45 1.5 SUBMITTALS 46 A. Baseline Schedule 47 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 1. Submit Schedule in native file format and pdf format. 1 a. Native file format shall be: 2 1) Microsoft Project 3 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 4 bring in hard copy to the meeting for review and discussion. 5 B. Progress Schedule 6 1. Submit progress Schedule in native file format and pdf format. 7 2. Submit progress Schedule monthly no later than the 25th day of the month. 8 C. Schedule Narrative 9 1. Submit the schedule narrative in pdf format. 10 2. Submit schedule narrative monthly no later than the 25th day of the month. 11 D. Submittal Process 12 1. Contractor shall submit one (1) hard copy of documents to the Project Manager’s 13 duly appointed representative. 14 2. Contractor shall submit documents via email to the Project Manager and their duly 15 appointed representative. 16 3. Once the project has been completed and Final Acceptance has been issued by the 17 City, no further progress schedules are required. 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE 22 A. The person preparing and revising the construction Progress Schedule shall be 23 experienced in the preparation of schedules of similar complexity. 24 B. Schedule and supporting documents addressed in this Specification shall be prepared, 25 updated and revised to accurately reflect the performance of the construction. 26 C. Contractor is responsible for the quality of all submittals in this section meeting the 27 standard of care for the construction industry for similar projects. 28 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 29 1.11 FIELD [SITE] CONDITIONS [NOT USED] 30 1.12 WARRANTY [NOT USED] 31 PART 2 - PRODUCTS [NOT USED] 32 PART 3 - EXECUTION [NOT USED] 33 END OF SECTION 34 Revision Log 01 32 16 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 DATE NAME SUMMARY OF CHANGE 1 This page intentionally left blank 01 32 33 PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 32 33 1 PRECONSTRUCTION VIDEO 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative and procedural requirements for: 6 a. Preconstruction Videos 7 B. Deviations from this City of Denton Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered incidental to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Preconstruction Video 19 1. Produce a preconstruction video of the site/alignment, including all areas in the 20 vicinity of and to be affected by construction. 21 a. Provide digital copy of video upon request by the City. 22 2. Retain a copy of the preconstruction video until the end of the maintenance surety 23 period. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30 1.11 FIELD [SITE] CONDITIONS [NOT USED] 31 1.12 WARRANTY [NOT USED] 32 PART 2 - PRODUCTS [NOT USED] 33 01 32 33 PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 PART 3 - EXECUTION [NOT USED] 1 END OF SECTION 2 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 01 33 00 SUBMITTALS Page 1 of 8 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 33 00 1 SUBMITTALS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General methods and requirements of submissions applicable to the following 6 Work-related submittals: 7 a. Shop Drawings 8 b. Product Data (including Project Material Submittal Checklist submittals) 9 c. Samples 10 d. Mock Ups 11 B. Deviations from this City of Denton Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered incidental to the various items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Coordination 23 1. Notify the City in writing, at the time of submittal, of any deviations in the 24 submittals from the requirements of the Contract Documents. 25 2. Coordination of Submittal Times 26 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 27 performing the related Work or other applicable activities of the Specifications. 28 b. Contractor is responsible such that the installation will not be delayed by 29 processing times including, but not limited to: 30 a) Disapproval and resubmittal (if required) 31 b) Coordination with other submittals 32 c) Testing 33 d) Purchasing 34 e) Fabrication 35 f) Delivery 36 g) Similar sequenced activities 37 c. No extension of time will be authorized because of the Contractor's failure to 38 transmit submittals sufficiently in advance of the Work. 39 01 33 00 SUBMITTALS Page 2 of 8 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 d. Make submittals promptly in accordance with approved schedule, and in such 1 sequence as to cause no delay in the Work or in the work of any other 2 contractor. 3 B. Submittal Numbering 4 1. When submitting shop drawings or samples, utilize a submittal cross-reference 5 identification numbering system in the following manner: 6 a. Use the applicable Specification Section Number. 7 b. For the next 2 digits number use numbers 01-99 to sequentially number each 8 initial separate item or drawing submitted under each specific Section number. 9 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 10 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 11 submittal number would be as follows: 12 13 303-02-B 14 15 1) 303 is the Specification Section for Portland Cement Concrete Pavement 16 2) 02 is the second initial submittal under this Specification Section 17 3) B is the third submission (second resubmission) of that particular shop 18 drawing 19 C. Contractor Certification 20 1. Review shop drawings, product data and samples, including those by 21 subcontractors, prior to submission to determine and verify the following: 22 a. Field measurements 23 b. Field construction criteria 24 c. Catalog numbers and similar data 25 d. Conformance with the Contract Documents 26 2. Provide each shop drawing, sample and product data submitted by the Contractor 27 with a Certification Statement affixed including: 28 a. The Contractor's Company name 29 b. Signature of submittal reviewer 30 c. Certification Statement 31 1) “By this submittal, I hereby represent that I have determined and verified 32 field measurements, field construction criteria, materials, dimensions, 33 catalog numbers and similar data and I have checked and coordinated each 34 item with other applicable approved shop drawings." 35 D. Submittal Format 36 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 37 2. Bind shop drawings and product data sheets together. 38 3. Order 39 a. Cover Sheet 40 1) Description of Packet 41 2) Contractor Certification 42 b. List of items / Table of Contents 43 c. Product Data /Shop Drawings/Samples /Calculations 44 E. Submittal Content 45 1. The date of submission and the dates of any previous submissions 46 01 33 00 SUBMITTALS Page 3 of 8 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 2. The Project title and number 1 3. Contractor identification 2 4. The names of: 3 a. Contractor 4 b. Supplier 5 c. Manufacturer 6 5. Identification of the product, with the Specification Section number, page and 7 paragraph(s) 8 6. Field dimensions, clearly identified as such 9 7. Relation to adjacent or critical features of the Work or materials 10 8. Applicable standards, such as ASTM or Federal Specification numbers 11 9. Identification by highlighting of deviations from Contract Documents 12 10. Identification by highlighting of revisions on resubmittals 13 11. An 8-inch x 3-inch blank space for Contractor and City stamps 14 F. Shop Drawings 15 1. As specified in individual Specification Sections includes, but is not necessarily 16 limited to: 17 a. Custom-prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City’s Product Material 35 Submittal Checklist, highlight each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City’s Product 37 Material Submittal Checklist, submittal data may include, but is not necessarily 38 limited to: 39 a. Standard prepared data for manufactured products (sometimes referred to as 40 catalog data) 41 1) Such as the manufacturer's product specification and installation 42 instructions 43 2) Availability of colors and patterns 44 3) Manufacturer's printed statements of compliances and applicability 45 4) Roughing-in diagrams and templates 46 01 33 00 SUBMITTALS Page 4 of 8 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 5) Catalog cuts 1 6) Product photographs 2 7) Standard wiring diagrams 3 8) Printed performance curves and operational-range diagrams 4 9) Production or quality control inspection and test reports and certifications 5 10) Mill reports 6 11) Product operating and maintenance instructions and recommended 7 spare-parts listing and printed product warranties 8 12) As applicable to the Work 9 3. Submittals of product data for products not included on the City’s Product Material 10 Submittal Checklist may be considered a Substitution in accordance with Section 11 01 25 00. 12 4. All deviations from City’s Product Material Submittal Checklist shall require 13 approval by the Design Professional for the Project. 14 H. Samples 15 1. As specified in individual Sections, include, but are not necessarily limited to: 16 a. Physical examples of the Work such as: 17 1) Sections of manufactured or fabricated Work 18 2) Small cuts or containers of materials 19 3) Complete units of repetitively used products color/texture/pattern swatches 20 and range sets 21 4) Specimens for coordination of visual effect 22 5) Graphic symbols and units of Work to be used by the City for independent 23 inspection and testing, as applicable to the Work 24 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 25 be fabricated or installed prior to the approval or qualified approval of such item. 26 1. Fabrication performed, materials purchased or on-site construction accomplished 27 which does not conform to approved shop drawings and data is at the Contractor's 28 risk. 29 2. The City will not be liable for any expense or delay due to corrections or remedies 30 required to accomplish conformity. 31 3. Complete project Work, materials, fabrication, and installations in conformance 32 with approved shop drawings, applicable samples, and product data. 33 J. Submittal Distribution 34 1. Electronic Distribution 35 a. Provide all submittals in electronic form via email to Project Manager and their 36 duly appointed representative. 37 b. Shop Drawings 38 1) Email submittal to Project Manager and their duly appointed representative. 39 2) Hard Copies 40 a) Not required 41 c. Product Data 42 1) Email submittal to Project Manager and their duly appointed representative. 43 2) Hard Copies 44 a) Not required 45 d. Samples 46 1) Distributed to the Project Manager 47 01 33 00 SUBMITTALS Page 5 of 8 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 K. Submittal Review 1 1. The review of shop drawings, data and samples will be for general conformance 2 with the design concept and Contract Documents. This is not to be construed as: 3 a. Permitting any departure from the Agreement requirements 4 b. Relieving the Contractor of responsibility for any errors, including details, 5 dimensions, and materials 6 c. Approving departures from details furnished by the City, except as otherwise 7 provided herein 8 2. The review and approval of shop drawings, samples or product data by the City 9 does not relieve the Contractor from his/her responsibility with regard to the 10 fulfillment of the terms of the Agreement. 11 a. All risks of error and omission are assumed by the Contractor, and the City will 12 have no responsibility therefore. 13 3. The Contractor remains responsible for details and accuracy, for coordinating the 14 Work with all other associated work and trades, for selecting fabrication processes, 15 for techniques of assembly and for performing Work in a safe manner. 16 4. If the shop drawings, data or samples as submitted describe variations and show a 17 departure from the Agreement requirements which City finds to be in the interest of 18 the City and to be so minor as not to involve a change in Contract Price or time for 19 performance, the City may return the reviewed drawings without noting an 20 exception. 21 5. Submittals will be returned to the Contractor under 1 of the following codes: 22 a. Code 1 23 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 24 comments on the submittal. 25 a) When returned under this code the Contractor may release the 26 equipment and/or material for manufacture. 27 b. Code 2 28 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 29 the notations and comments IS NOT required by the Contractor. 30 a) The Contractor may release the equipment or material for manufacture; 31 however, all notations and comments must be incorporated into the 32 final product. 33 c. Code 3 34 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 35 assigned when notations and comments are extensive enough to require a 36 resubmittal of the package. 37 a) This resubmittal is to address all comments, omissions and 38 non-conforming items that were noted. 39 b) Resubmittal is to be received by the City within 15 Calendar Days of 40 the date of the City's transmittal requiring the resubmittal. 41 d. Code 4 42 1) "NOT APPROVED" is assigned when the submittal does not meet the 43 intent of the Contract Documents. 44 a) The Contractor must resubmit the entire package revised to bring the 45 submittal into conformance. 46 b) It may be necessary to resubmit using a different manufacturer/vendor 47 to meet the Contract Documents. 48 01 33 00 SUBMITTALS Page 6 of 8 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 6. Resubmittals 1 a. Handled in the same manner as first submittals 2 1) Corrections other than requested by the City 3 2) Marked with revision triangle or other similar method 4 a) At Contractor’s risk if not marked 5 b. Submittals for each item will be reviewed no more than twice at the City’s 6 expense. 7 1) All subsequent reviews will be performed at times convenient to the City 8 and at the Contractor's expense, based on the City's or City 9 Representative’s then prevailing rates. 10 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 11 all such fees invoiced by the City. 12 c. The need for more than 1 resubmission or any other delay in obtaining City's 13 review of submittals, will not entitle the Contractor to an extension of Contract 14 Time. 15 7. Partial Submittals 16 a. City reserves the right to not review submittals deemed partial, at the City’s 17 discretion. 18 b. Submittals deemed by the City to be not complete will be returned to the 19 Contractor, and will be considered "Not Approved" until resubmitted. 20 c. The City may at its option provide a list or mark the submittal directing the 21 Contractor to the areas that are incomplete. 22 8. If the Contractor considers any correction indicated on the shop drawings to 23 constitute a change to the Contract Documents, then written notice must be 24 provided thereof to the City at least 7 Calendar Days prior to release for 25 manufacture. 26 9. When the shop drawings have been completed to the satisfaction of the City, the 27 Contractor may carry out the construction in accordance therewith and no further 28 changes therein except upon written instructions from the City. 29 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 30 following receipt of submittal by the City. 31 L. Mock ups 32 1. Mock Up units as specified in individual Specification Sections, include, but are not 33 necessarily limited to, complete units of the standard of acceptance for that type of 34 Work to be used on the Project. Remove at the completion of the Work or when 35 directed. 36 M. Qualifications 37 1. If specifically required in other Sections of these Specifications, submit a P.E. 38 Certification for each item required. 39 N. Request for Information (RFI) 40 1. Contractor Request for additional information 41 a. Clarification or interpretation of the Contract Documents 42 b. When the Contractor believes there is a conflict between Contract Documents 43 c. When the Contractor believes there is a conflict between the Drawings and 44 Specifications 45 1) Identify the conflict and request clarification 46 d. When the Contractor encounters an unknown condition in the field 47 01 33 00 SUBMITTALS Page 7 of 8 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 2. Use the Request for Information (RFI) form provided by the City (attached). 1 3. Numbering of RFI 2 a. Prefix with “RFI” followed by series number, “-xxx”, beginning with “01” and 3 increasing sequentially with each additional transmittal. 4 4. Sufficient information shall be attached to permit a written response without further 5 information. 6 5. The City will log each request and will review the request. 7 a. If review of the project information request indicates that a change to the 8 Contract Documents is required, the City will issue a Construction Change 9 Directive or Change Order, as appropriate. 10 1.5 SUBMITTALS [NOT USED] 11 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 12 1.7 CLOSEOUT SUBMITTALS [NOT USED] 13 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 14 1.9 QUALITY ASSURANCE [NOT USED] 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY [NOT USED] 18 PART 2 - PRODUCTS [NOT USED] 19 PART 3 - EXECUTION [NOT USED] 20 END OF SECTION 21 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 24 01 33 00 SUBMITTALS Page 8 of 8 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 REQUEST FOR INFORMATION 1 2 Project: RFI #: Engineering Project No.: Date Sent: Sender: Receiver: Copies To: 3 Subject: Request: Sender’s Proposed Answer/Solution: 4 THE PROPOSED ANSWER/SOLUTION IS, IS NOT, INCLUDED IN THE CONTRACT. 5 6 Receiver’s Response: 7 Response By: Company: Date: 8 DISTRIBUTION: 9 01 35 13 SPECIAL PROJECT PROCEDURES Page 1 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Excavation Protection 10 e. Air Pollution Watch Days 11 f. Use of Explosives, Drop Weight, Etc. 12 g. Water Utilities Notification 13 h. Public Notification Prior to Beginning Construction 14 i. Coordination with United States Army Corps of Engineers 15 j. Coordination within Railroad permits areas 16 k. Dust Control 17 l. Employee Parking 18 m. Coordination with North Central Texas Council of Governments Clean 19 Construction Specification 20 n. Tree Protection 21 B. Deviations from this City of Denton Standard Specification 22 1. None. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 25 2. Division 1 – General Requirements 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment 28 1. Coordination within Railroad permit areas 29 a. Measurement 30 1) Measurement for this Item will be by lump sum. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 will be paid for at the lump sum price bid for Railroad Coordination. 34 c. The price bid shall include: 35 1) Mobilization 36 2) Inspection 37 3) Safety training 38 4) Additional Insurance 39 5) Insurance Certificates 40 01 35 13 SPECIAL PROJECT PROCEDURES Page 2 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 6) Other requirements associated with general coordination with Railroad, 1 including additional employees required to protect the right-of-way and 2 property of the Railroad from damage arising out of and/or from the 3 construction of the Project. 4 2. Railroad Flagmen 5 a. Measurement 6 1) Measurement for this Item will be per working day. 7 b. Payment 8 1) The work performed and materials furnished in accordance with this Item 9 will be paid for each working day that Railroad Flagmen are present at the 10 Site. 11 c. The price bid shall include: 12 1) Coordination for scheduling flagmen 13 2) Flagmen 14 3) Other requirements associated with Railroad 15 3. All other items 16 a. Work associated with these Items is considered incidental to the various Items 17 bid. No separate payment will be allowed for this Item. 18 1.3 REFERENCES 19 A. Reference Standards 20 1. Reference standards cited in this Specification refer to the current reference 21 standard published at the time of the latest revision date logged at the end of this 22 Specification, unless a date is specifically cited. 23 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 24 High Voltage Overhead Lines. 25 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 26 Specification 27 4. Occupational Health and Safety Administration (OSHA) Standards – 29 CFR Part 28 1910.146 – Permit-Required Confined Spaces 29 1.4 ADMINISTRATIVE REQUIREMENTS 30 A. Coordination with the Texas Department of Transportation 31 1. When work in the right-of-way which is under the jurisdiction of the Texas 32 Department of Transportation (TxDOT): 33 a. Notify the Texas Department of Transportation prior to commencing any work 34 therein in accordance with the provisions of the permit 35 b. All work performed in the TxDOT right-of-way shall be performed in 36 compliance with and subject to approval from the Texas Department of 37 Transportation 38 B. Work near High Voltage Lines 39 1. Regulatory Requirements 40 a. All Work near High Voltage Lines (more than 600 volts measured between 41 conductors or between a conductor and the ground) shall be in accordance with 42 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 43 2. Warning sign 44 a. Provide sign of sufficient size meeting all OSHA requirements. 45 01 35 13 SPECIAL PROJECT PROCEDURES Page 3 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 3. Equipment operating within 10 feet of high voltage lines will require the following 1 safety features 2 a. Insulating cage-type of guard about the boom or arm 3 b. Insulator links on the lift hook connections for back hoes or dippers 4 c. Equipment must meet the safety requirements as set forth by OSHA and the 5 safety requirements of the owner of the high voltage lines 6 4. Work within 6 feet of high voltage electric lines 7 a. Notification shall be given to: 8 1) The power company (example: Denton Municipal Electric) 9 a) Maintain an accurate log of all such calls to power company and record 10 action taken in each case. 11 b. Coordination with power company 12 1) After notification coordinate with the power company to: 13 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 14 lower the lines 15 c. No personnel may work within 6 feet of a high voltage line before the above 16 requirements have been met. 17 C. Confined Space Entry Program 18 1. Provide and follow approved Confined Space Entry Program in accordance with 19 OSHA 29 CFR Part 1910.146 requirements. 20 2. Confined Spaces include: 21 a. Manholes 22 b. All other confined spaces in accordance with OSHA’s Permit Required for 23 Confined Spaces 24 D. Air Pollution Watch Days 25 1. General 26 a. Observe the following guidelines relating to working on City construction sites 27 on days designated as “AIR POLLUTION WATCH DAYS”. 28 b. Typical Ozone Season 29 1) May 1 through October 31. 30 c. Critical Emission Time 31 1) 6:00 a.m. to 10:00 a.m. 32 2. Watch Days 33 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 34 with the National Weather Service, will issue the Air Pollution Watch by 3:00 35 p.m. on the afternoon prior to the WATCH day. 36 b. Requirements 37 1) Begin work after 10:00 a.m. whenever construction phasing requires the 38 use of motorized equipment for periods in excess of 1 hour. 39 2) However, the Contractor may begin work prior to 10:00 a.m. if: 40 a) Use of motorized equipment is less than 1 hour, or 41 b) If equipment is new and certified by EPA as “Low Emitting“, or 42 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 43 alternative fuels such as CNG. 44 E. TCEQ Air Permit 45 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 46 F. Use of Explosives, Drop Weight, Etc. 47 01 35 13 SPECIAL PROJECT PROCEDURES Page 4 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1. When Contract Documents permit on the Project the following will apply: 1 a. Public Notification 2 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 3 prior to commencing. 4 2) Minimum 24-hour public notification in accordance with paragraph 1.4.H 5 of this Section. 6 G. Water Utilities Coordination 7 1. During the construction of this Project, it may be necessary to deactivate, for a 8 period of time, existing lines. The Contractor shall be required to coordinate with 9 Water Utilities to determine the best times for deactivating and activating those 10 lines. 11 2. Coordinate any event that will require connecting to or the operation of an existing 12 City water line system with the City’s representative. 13 a. If needed, obtain a hydrant water meter from Water Utilities for use during the 14 life of named Project. 15 b. In the event that a water valve on an existing live system is required to be 16 turned off or on to accommodate the construction of the Project is required, 17 coordinate this activity through the appropriate City representative. 18 1) Do not operate water line valves of existing water system. 19 a) Failure to comply will render the Contractor in violation of Texas Penal 20 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 21 will be prosecuted to the full extent of the law. 22 b) In addition, the Contractor will assume all liabilities and 23 responsibilities as a result of these actions. 24 H. Public Notification Prior to Beginning Construction 25 1. Prior to beginning construction on any block in the Project, on a block-by-block 26 basis, prepare and deliver a notice or flyer of the pending construction to the front 27 door of each residence or business that will be impacted by construction. The notice 28 shall be prepared as follows: 29 a. Post notice or flyer 7 days prior to beginning any construction activity on each 30 block in the Project area. 31 1) Prepare flyer on the Contractor’s letterhead and include the following 32 information: 33 a) Name of Project 34 b) Engineering Project Number (EPN) 35 c) Scope of Project (i.e. type of construction activity) 36 d) Actual construction duration within the block 37 e) Name of the contractor’s foreman and phone number 38 f) Name of the City’s inspector and phone number 39 g) City’s after-hours phone number 40 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 41 A. 42 3) Submit schedule showing the construction start and finish time for each 43 block of the Project to the inspector. 44 4) Deliver flyer to the City Inspector for review prior to distribution. 45 b. No construction will be allowed to begin on any block until the flyer is 46 delivered to all residents of the block. 47 I. Public Notification of Temporary Water Service Interruption during Construction 48 01 35 13 SPECIAL PROJECT PROCEDURES Page 5 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1. In the event it becomes necessary to temporarily shut down water service to 1 residents or businesses during construction, prepare and deliver a notice or flyer of 2 the pending interruption to the front door of each affected resident. 3 2. Prepared notice as follows: 4 a. The notification or flyer shall be posted 24 hours prior to the temporary 5 interruption. 6 b. Prepare flyer on the contractor’s letterhead and include the following 7 information: 8 1) Name of the Project 9 2) Date of the interruption of service 10 3) Period the interruption will take place 11 4) Name of the contractor’s foreman and phone number 12 5) Name of the City’s inspector and phone number 13 c. A sample of the temporary water service interruption notification is attached as 14 Exhibit B. 15 d. Deliver a copy of the temporary interruption notification to the City inspector 16 for review prior to being distributed. 17 e. No interruption of water service can occur until the flyer has been delivered to 18 all affected residents and businesses. 19 f. Electronic versions of the sample flyers can be obtained from the Project 20 Construction Inspector. 21 J. Coordination with United States Army Corps of Engineers (USACE) 22 1. At locations in the Project where construction activities occur in areas where 23 USACE permits are required, meet all requirements set forth in each designated 24 permit. 25 K. Coordination within Railroad Permit Areas 26 1. At locations in the Project where construction activities occur in areas where 27 railroad permits are required, meet all requirements set forth in each designated 28 railroad permit. This includes, but is not limited to, provisions for: 29 a. Flagmen 30 b. Inspectors 31 c. Safety training 32 d. Additional insurance 33 e. Insurance certificates 34 f. Other employees required to protect the right-of-way and property of the 35 Railroad Company from damage arising out of and/or from the construction of 36 the Project. Proper utility clearance procedures shall be used in accordance 37 with the permit guidelines. 38 2. Obtain any supplemental information needed to comply with the railroad’s 39 requirements. 40 3. Railroad Flagmen 41 a. Submit receipts to City for verification of working days that railroad flagmen 42 were present on Site. 43 L. Dust Control 44 1. Use acceptable measures to control dust at the Site. 45 a. If water is used to control dust, capture and properly dispose of waste water. 46 b. If wet saw cutting is performed, capture and properly dispose of slurry. 47 01 35 13 SPECIAL PROJECT PROCEDURES Page 6 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 M. Employee Parking 1 1. Provide parking for employees at locations approved by the City. 2 N. Coordination with North Central Texas Council of Governments (NCTCOG) Clean 3 Construction Specification 4 1. Equipment Requirements 5 a. All construction equipment being used to perform work on the Agreement shall 6 meet EPA emissions standards of Tier 3 or equivalent, or cleaner. Model Form 7 A.14. Schedule for Phase-In of Tier 1-Tier 4 Non-Road Engines is included in 8 Appendix A. Compliance may be achieved through the use of equipment 9 powered by an EPA-certified engine, through engine repowers, or through the 10 use of retrofits which have been verified by the EPA and/or California Air 11 Resources Board. A list of available retrofits is available online at EPA’s 12 website “Verified Technologies List for Clean Diesel.” 13 b. Equipment that meets one or more of the following conditions may be exempt 14 from these requirements: 15 1) Equipment powered by an engine that is less than or equal to ten (10) years 16 old. 17 2) Equipment that must be used to fulfill use or reporting requirements for a 18 grant program or other clean air initiative. Documentation of such 19 obligations must be submitted to City for verification. 20 3) Equipment that is designated as low-use equipment, which is defined as 21 any piece of construction equipment which is used for less than ten (10) 22 hours per week on a single public works contract. A Low-Use Exemption 23 Weekly Reporting Form will be required for all equipment for which this 24 exemption is claimed. 25 4) Equipment that is being used to address a critical or emergency public 26 works need, including, but not limited to, broken water mains or sanitary 27 sewer lines. This exemption is limited to work performed in a situation in 28 which the procurement of construction services is performed on an 29 emergency basis, as provided for by State law. 30 2. Operational Requirements 31 a. All diesel fuel used to perform work on the public works contract shall be 32 Ultra-Low Sulfur Diesel (ULSD) fuel which also complies with Texas Low 33 Emission Diesel (TxLED) program requirements. This may include TxLED- 34 compliant Biodiesel blends. 35 b. The Contractor shall limit idling of equipment to no more than five (5) 36 minutes, unless the idling is applicable to one or more of the following 37 exceptions: 38 1) is being used for emergency response purposes; 39 2) is idling as a necessary component of mechanical operation, maintenance, 40 or diagnostic purposes; or 41 3) is idling for the health or safety of the equipment operator. 42 c. To the greatest extent possible, Contractor shall stage equipment away from, 43 and minimize operation near, sensitive receptors including, but not limited to, 44 fresh air intakes, hospitals, schools, licensed day care facilities, and residences. 45 3. Reporting Requirements 46 01 35 13 SPECIAL PROJECT PROCEDURES Page 7 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 a. On or before the day construction activity commences, the Contractor shall 1 submit to the City an inventory report containing identifying data for each piece 2 of equipment to be used on the worksite. A form for submitting such 3 information will be provided by the City. This inventory may be used by the 4 City to conduct site inspections and/or verify compliance with specification 5 elements. 6 b. If additional equipment is brought on-site after construction begins, the 7 Contractor shall provide this same inventory information to the City for the new 8 equipment on or before the day it begins work on-site. 9 c. Reports shall be provided for all equipment used on-site. 10 4. Enforcement Requirements 11 a. All construction equipment used at the Site is subject to inspection by the City 12 at random. Contractor is responsible for ensuring that all subcontractors meet 13 the requirements of this specification. 14 O. Tree Protection 15 1. Install tree protection in accordance with the Drawings, if applicable. 16 2. Coordinate with City Building Inspections prior to commencing and earthwork 17 activities to perform an initial tree protection inspection. 18 1.5 SUBMITTALS 19 A. Submittals shall be in accordance with Section 01 33 00. 20 B. All submittals shall be approved by the City prior to delivery. 21 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 22 A. Construction Notice Flyer 23 B. Notice of Temporary Water Service Interruption 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 28 1.11 FIELD [SITE] CONDITIONS [NOT USED] 29 1.12 WARRANTY [NOT USED] 30 PART 2 - PRODUCTS [NOT USED] 31 PART 3 - EXECUTION [NOT USED] 32 33 01 35 13 SPECIAL PROJECT PROCEDURES Page 8 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 3 01 35 13 SPECIAL PROJECT PROCEDURES Page 9 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 EPN No.: 8 Project Name: 9 Limits of Construction: 10 11 12 13 14 15 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF 16 DENTON, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 17 PROPERTY. 18 19 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 20 OF THIS NOTICE. 21 22 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 23 ISSUE, PLEASE CALL: 24 25 26 <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 27 28 OR 29 30 <CITY INSPECTOR> AT < TELEPHONE NO.> 31 32 33 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 34 35 This page intentionally left blank 01 35 13 SPECIAL PROJECT PROCEDURES Page 10 of 10 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 EXHIBIT B 1 2 Date: 3 4 EPN No.: 5 6 Project Name:_____________________ 7 8 9 NOTICE OF 10 TEMPORARY WATER SERVICE 11 INTERRUPTION 12 13 14 Due to utility improvements in your neighborhood, your water service will be 15 interrupted on ___________________________________________________ 16 between the hours of __________________ and _______________________. 17 18 19 IF YOU HAVE QUESTIONS ABOUT THIS DISRUPTION, PLEASE CALL: 20 21 22 <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 23 24 OR 25 26 <CITY INSPECTOR> AT < TELEPHONE NO.> 27 28 THIS SERVICE INTERRUPTION WILL BE AS SHORT AS POSSIBLE 29 30 Thank you, 31 _________________________, Contractor 32 This page intentionally left blank 01 45 23 TESTING AND INSPECTION SERVICES Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 45 23 1 TESTING AND INSPECTION SERVICES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Testing and inspection services procedures and coordination 6 B. Deviations from this City of Denton Standard Specification 7 1. None 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered incidental to the various Items bid. 14 No separate payment will be allowed for this Item. 15 a. In accordance with Section 13.4 of the General Conditions, Contractor is 16 responsible for performing, coordinating, and payment of all inspections, tests, 17 re-tests, or approvals. 18 b. In accordance with Section 13.4 of the General Conditions, City is responsible 19 for performing and payment for first set additional independent testing chosen 20 by the City to be performed. 21 1) If the first independent test performed by the City fails, the Contractor is 22 responsible for payment of subsequent testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Provide all reports to Project Manager and their duly appointed 37 representative electronically via email. 38 01 45 23 TESTING AND INSPECTION SERVICES Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 4. Provide Project Manager’s duly appointed representative with trip tickets for each 1 delivered load of Concrete or Lime material including the following information: 2 a. Name of pit 3 b. Date of delivery 4 c. Material delivered 5 B. Inspection 6 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 7 perform work in accordance with the Contract Documents. 8 1.5 SUBMITTALS 9 A. Submittals shall be in accordance with Section 01 33 00. 10 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 11 A. Materials Testing Reports sealed by a Professional Engineer or Professional 12 Geoscientist licensed in the State of Texas. 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 22 01 45 23 TESTING AND INSPECTION SERVICES Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 3 This page intentionally left blank 01 50 00 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 50 00 1 TEMPORARY FACILITIES AND CONTROLS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provide temporary facilities and controls needed for the Work including, but not 6 necessarily limited to: 7 a. Temporary utilities 8 b. Sanitary facilities 9 c. Storage Sheds and Buildings 10 d. Dust control 11 e. Temporary fencing of the construction site 12 B. Deviations from this City of Denton Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 – General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered incidental to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Temporary Utilities 24 1. Obtaining Temporary Service 25 a. Make arrangements with utility service companies for temporary services. 26 b. Abide by rules and regulations of utility service companies or authorities 27 having jurisdiction. 28 c. Be responsible for utility service costs until Work is approved for Final 29 Acceptance. 30 1) Included are fuel, power, light, heat and other utility services necessary for 31 execution, completion, testing and initial operation of Work. 32 2. Construction Water 33 a. Contractor to provide water required for and in connection with Work to be 34 performed and for specified tests of piping, equipment, devices or other use as 35 required for the completion of the Work. 36 b. Provide and maintain adequate supply of potable water for domestic 37 consumption by Contractor, if required. 38 c. Coordination 39 1) Contact City 1 week before water for construction is desired 40 01 50 00 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 d. Metering and Payment for Construction Water 1 1) For water system improvements: 2 a) Obtain construction water meter from City to track water usage. Water 3 will be provided at no cost to Contractor. 4 2) For all other projects: 5 a) Obtain construction water meter from City for payment as billed by 6 City’s established rates. 7 3. Electricity and Lighting 8 a. Provide and pay for electric powered service as required for Work, including 9 testing of Work. 10 1) Provide power for lighting, operation of equipment, or other use. 11 b. Electric power service includes temporary power service or generator to 12 maintain operations during scheduled shutdown. 13 4. Telephone 14 a. Provide emergency telephone service at Site for use by Contractor personnel 15 and others performing work or furnishing services at Site. 16 5. Temporary Heat and Ventilation 17 a. Provide temporary heat as necessary for protection or completion of Work. 18 b. Provide temporary heat and ventilation to assure safe working conditions. 19 B. Sanitary Facilities 20 1. Provide and maintain sanitary facilities for persons on Site. 21 a. Comply with regulations of State and local departments of health. 22 2. Enforce use of sanitary facilities by construction personnel at job site. 23 a. Enclose and anchor sanitary facilities. 24 b. No discharge will be allowed from these facilities. 25 c. Collect and store sewage and waste so as not to cause nuisance or health 26 problem. 27 d. Haul sewage and waste off-site at no less than weekly intervals and properly 28 dispose in accordance with applicable regulation. 29 3. Locate facilities near Site and keep clean and maintained throughout Project. 30 4. Remove facilities at completion of Project 31 C. Storage Sheds and Buildings 32 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 33 above ground level for materials and equipment susceptible to weather damage. 34 2. Storage of materials not susceptible to weather damage may be on blocks off 35 ground. 36 3. Store materials in a neat and orderly manner. 37 a. Place materials and equipment to permit easy access for identification, 38 inspection and inventory. 39 4. Equip building with lockable doors and lighting, and provide electrical service for 40 equipment space heaters and heating or ventilation as necessary to provide storage 41 environments acceptable to specified manufacturers. 42 5. Fill and grade site for temporary structures to provide drainage away from 43 temporary and existing buildings. 44 6. Remove building from site prior to Final Acceptance. 45 01 50 00 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 D. Temporary Fencing 1 1. Provide and maintain for the duration or construction when required in Contract 2 Documents 3 E. Dust Control 4 1. Contractor is responsible for maintaining dust control through the duration of the 5 project. 6 a. Contractor remains on-call at all times 7 b. Must respond in a timely manner 8 F. Temporary Protection of Construction 9 1. Contractor or subcontractors are responsible for protecting Work from damage due 10 to weather. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 3.1 INSTALLERS [NOT USED] 22 3.2 EXAMINATION [NOT USED] 23 3.3 PREPARATION [NOT USED] 24 3.4 INSTALLATION 25 A. Temporary Facilities 26 1. Maintain all temporary facilities for duration of construction activities as needed. 27 01 50 00 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 3.5 [REPAIR] / [RESTORATION] 1 3.6 RE-INSTALLATION 2 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3 3.8 SYSTEM STARTUP [NOT USED] 4 3.9 ADJUSTING [NOT USED] 5 3.10 CLEANING [NOT USED] 6 3.11 CLOSEOUT ACTIVITIES 7 A. Temporary Facilities 8 1. Remove all temporary facilities and restore area after completion of the Work, to a 9 condition equal to or better than prior to start of Work. 10 3.12 PROTECTION [NOT USED] 11 3.13 MAINTENANCE [NOT USED] 12 3.14 ATTACHMENTS [NOT USED] 13 END OF SECTION 14 15 Revision Log DATE NAME SUMMARY OF CHANGE 16 01 57 13 STORM WATER POLLUTION PREVENTION Page 1 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Denton Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Activities resulting in less than 1 acre of disturbance 15 a. Work associated with this Item is considered subsidiary to the various Items 16 bid. No separate payment will be allowed for this Item. 17 2. Construction Activities resulting in greater than 1 acre of disturbance 18 a. Measurement for this Item shall be by lump sum. 19 b. Payment 20 1) The work performed and the materials furnished in accordance with this 21 item shall be paid for at the lump sum price bid for “Storm Water Pollution 22 Prevention Plan”, and made in partial payments as follows: 23 a) When 1% of the Contract Sum is earned, 15% of the SWPPP lump sum 24 bid will be paid. 25 b) When 10% of the Contract Sum is earned, 25% of the SWPPP lump 26 sum bid will be paid. Previous payments under the item will be 27 deducted from this amount. 28 c) When 25% of the Contract Sum is earned, 30% of the SWPPP lump 29 sum bid will be paid. Previous payments under the item will be 30 deducted from this amount. 31 d) When 50% of the Contract Sum is earned, 50% of the SWPPP lump 32 sum bid will be paid. Previous payments under the item will be 33 deducted from this amount. 34 e) When 75% of the Contract Sum is earned, 75% of the SWPPP lump 35 sum bid will be paid. Previous payments under the item will be 36 deducted from this amount. 37 f) When 100% of the Contract Sum is earned and final stabilization has 38 been achieved, 100% of the SWPPP lump sum bid will be paid. 39 Previous payments under the item will be deducted from this amount. 40 c. The price bid shall include: 41 1) Preparation of Storm Water Pollution Prevention Plan 42 01 57 13 STORM WATER POLLUTION PREVENTION Page 2 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 2) Implementation 1 3) Permitting fees 2 4) Final Stabilization 3 1.3 REFERENCES 4 A. Abbreviations and Acronyms 5 1. Notice of Intent: NOI 6 2. Notice of Termination: NOT 7 3. Storm Water Pollution Prevention Plan: SWPPP 8 4. Texas Commission on Environmental Quality: TCEQ 9 5. Notice of Change: NOC 10 A. Reference Standards 11 1. Reference standards cited in this Specification refer to the current reference 12 standard published at the time of the latest revision date logged at the end of this 13 Specification, unless a date is specifically cited. 14 2. Integrated Storm Management (iSWM) Technical Manual for Construction 15 Controls 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. General 18 1. Contractor is responsible for resolution and payment of any fines issued associated 19 with compliance to Stormwater Pollution Prevention Plan. 20 2. As a condition of approval, applicants conducting land disturbing activities will 21 complete the online construction site survey. This survey can be found at 22 https://www.surveymonkey.com/r/dentonconstruction. 23 3. Refer to TCEQ website for further information about stormwater permits at 24 https://www.tceq.texas.gov/permitting/stormwater/construction/TXR15_AIR.html. 25 B. Construction Activities resulting in: 26 1. Less than 1 acre of disturbance 27 a. Provide erosion and sediment control in accordance with Section 31 25 14. 28 2. 1 to less than 5 acres of disturbance 29 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 30 Permit is required 31 b. Complete SWPPP in accordance with TCEQ requirements 32 1) Indicate City is a Secondary Operator 33 2) TCEQ Small Construction Site Notice Required under general permit 34 TXR150000 35 a) Post at job site 36 b) Prior to Preconstruction Meeting, send 1 copy to City Watershed 37 Protection Division, Watershed@cityofdenton.com, Joetta Dailey 38 (940) 349-7153 or Zach Peterson.(940) 349-7141. 39 3) Provide erosion and sediment control in accordance with Section 31 25 14. 40 4) Once the project has been completed and all the closeout requirements of 41 TCEQ have been met, send copy of signed Small Construction Site Notice 42 to Watershed Protection division, Watershed@cityofdenton.com, Joetta 43 Dailey (940) 349-7153 or Zach Peterson (940) 349-7141. 44 01 57 13 STORM WATER POLLUTION PREVENTION Page 3 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 3. 5 acres or more of Disturbance 1 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 2 Permit is required 3 b. Complete SWPPP in accordance with TCEQ requirements 4 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 5 a) Send copy to City Watershed Protection Division, 6 Watershed@cityofdenton.com, Joetta Dailey (940) 349-7153 or Zach 7 Peterson (940) 349-7141. 8 2) TCEQ Notice of Change required if making changes or updates to NOI 9 3) Provide erosion and sediment control in accordance with Section 31 25 14. 10 4) Once the project has been completed and all the closeout requirements of 11 TCEQ have been met a TCEQ Notice of Termination can be submitted. 12 a) Send copy to City Watershed Protection Division, 13 Watershed@cityofdenton.com, Joetta Dailey (940) 349-7153 or Zach 14 Peterson (940) 349-7141. 15 C. Sites adjacent to or encroaching into Environmentally Sensitive Areas (ESAs): 16 1. Provide tree protective fencing at the boundary of any identified onsite ESAs and 17 approved construction activities that would result in land disturbances. 18 2. Provide signs identifying the area as an ESA and prohibiting construction activity. 19 1.5 SUBMITTALS 20 A. SWPPP 21 1. Submit in accordance with Section 01 33 00, except as stated herein. 22 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 23 as follows: 24 1) 1 copy to the Project Manager 25 a) Project Manager will forward to the City Watershed Protection 26 Department, Watershed@cityofdenton.com, Joetta Dailey (940) 349-27 7153 or Zach Peterson (940) 349-7141. 28 B. Modified SWPPP 29 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 30 in accordance with Section 01 33 00. 31 01 57 13 STORM WATER POLLUTION PREVENTION Page 4 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 3 1.9 QUALITY ASSURANCE [NOT USED] 4 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 5 1.11 FIELD [SITE] CONDITIONS [NOT USED] 6 1.12 WARRANTY [NOT USED] 7 PART 2 - PRODUCTS [NOT USED] 8 PART 3 - EXECUTION [NOT USED] 9 END OF SECTION 10 Revision Log DATE NAME SUMMARY OF CHANGE 11 01 58 13 TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 58 13 1 TEMPORARY PROJECT SIGNAGE 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Temporary Project Signage Requirements 6 B. Deviations from this City of Denton Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Temporary Project Sign 14 a. Measurement 15 1) Measurement for this Item will be per each project sign installed. 16 b. Payment 17 1) The work performed and materials furnished in accordance with this Item 18 and measured as provided under “Measurement” shall be paid for at the 19 unit price bid per each “Temporary Project Sign.” 20 c. The price bid shall include: 21 1) Installation of Temporary Project Sign 22 2) Excavation 23 3) Hauling 24 4) Disposal of excess Materials 25 5) Maintenance and Repair of Signs During Construction 26 6) Removal and Disposal of Temporary Project Sign 27 1.3 REFERENCES [NOT USED] 28 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 35 1.11 FIELD [SITE] CONDITIONS [NOT USED] 36 01 58 13 TEMPORARY PROJECT SIGNAGE Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1.12 WARRANTY [NOT USED] 1 PART 2 - PRODUCTS 2 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 3 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 4 A. Design Criteria 5 1. Provide free standing Project Designation Sign as indicated below: 6 7 The flag shall resemble the Texas Flag. The background of 8 the stars and the “City of Denton” lettering shall be blue. 9 The lower bar of the flag shall be red, and the upper bar 10 shall be white. The dimensions, from the farthest ends, shall 11 be 12-inches vertically and 23.5-inches horizontally. The 12 flag shall appear in the dimensions shown. The contractor 13 may request a digital copy in either .jpg or .tif format. 14 15 2. The Project Designation Sign shall be placed at strategic points with lettering as 16 needed to adequately describe the Work. 17 3. Signs shall be painted white with blue letters and symbols. Letter size shall conform 18 to dimensions shown on sign drawing. Exceptions or variations from the sign 19 shown above shall not be allowed. 20 B. Materials 21 1. Sign 22 a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 23 01 58 13 TEMPORARY PROJECT SIGNAGE Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 2.3 ACCESSORIES [NOT USED] 1 2.4 SOURCE QUALITY CONTROL [NOT USED] 2 PART 3 - EXECUTION 3 3.1 INSTALLERS [NOT USED] 4 3.2 EXAMINATION [NOT USED] 5 3.3 PREPARATION [NOT USED] 6 3.4 INSTALLATION 7 A. General 8 1. Provide vertical installation at extents of Project. 9 2. Signs shall be placed prior to beginning the Work and maintained until the end of 10 the Project. 11 3. Relocate sign as needed, upon request of the City. 12 B. Mounting options 13 a. Skids 14 b. Posts 15 c. Barricade 16 3.5 -- 3.12 [NOT USED] 17 3.6 MAINTENANCE 18 A. General 19 1. Maintenance will include painting and repairs as needed or directed by the City. 20 3.7 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 24 This page intentionally left blank 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 10 B. Deviations from this City of Denton Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 – General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered incidental to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5. Clearly and fully mark and identify as to manufacturer, item and installation 4 location. 5 6. Provide manufacturer's instructions for storage and handling. 6 B. Handling Requirements 7 1. Handle products or equipment in accordance with these Contract Documents and 8 manufacturer’s recommendations and instructions. 9 C. Storage Requirements 10 1. Store materials in accordance with manufacturer’s recommendations and 11 requirements of these Specifications. 12 2. Make necessary provisions for safe storage of materials and equipment. 13 a. Place loose soil materials and materials to be incorporated into Work in a 14 manner that prevents damage to any part of Work or existing facilities and that 15 maintains free access at all times to all parts of Work and to utility service 16 company installations in vicinity of Work. 17 3. Keep materials and equipment neatly and compactly stored in locations that will 18 cause minimum inconvenience to other contractors, public travel, adjoining owners, 19 tenants and occupants. 20 a. Arrange storage to provide easy access for inspection. 21 4. Restrict storage to areas available on construction site for storage of material and 22 equipment as shown on Drawings, or approved by Project Manager or their duly 23 authorized representative. 24 5. Provide off-site storage and protection when on-site storage is not adequate. 25 a. Provide addresses of and access to off-site storage locations for inspection by 26 Project Manager or their duly authorized representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers’ unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of Project Manager or their duly authorized representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by Project 38 Manager. 39 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 -3.6 [NOT USED] 5 3.2 FIELD [OR] SITE QUALITY CONTROL 6 A. Tests and Inspections 7 1. Inspect all products or equipment delivered to the site prior to unloading. 8 B. Non-Conforming Work 9 1. Reject all products or equipment that are damaged, used or in any other way 10 unsatisfactory for use on the Project. 11 3.3 SYSTEM STARTUP [NOT USED] 12 3.4 ADJUSTING [NOT USED] 13 3.5 CLEANING [NOT USED] 14 3.6 CLOSEOUT ACTIVITIES [NOT USED] 15 3.7 PROTECTION 16 A. Protect all products or equipment in accordance with manufacturer's written directions. 17 B. Store products or equipment in location to avoid physical damage to items while in 18 storage. 19 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 20 the manufacturer. 21 3.8 MAINTENANCE [NOT USED] 22 3.9 ATTACHMENTS [NOT USED] 23 END OF SECTION 24 Revision Log DATE NAME SUMMARY OF CHANGE 25 This page intentionally left blank 01 70 00 MOBILIZATION AND REMOBILIZATION Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 70 00 1 MOBILIZATION AND REMOBILIZATION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Mobilization and Demobilization 6 a. Mobilization 7 1) Transportation of Contractor’s personnel, equipment, and operating supplies 8 to the Site 9 2) Establishment of necessary general facilities for the Contractor’s operation 10 at the Site 11 3) Premiums paid for performance and payment bonds 12 4) Transportation of Contractor’s personnel, equipment, and operating supplies 13 to another location within the designated Site 14 5) Relocation of necessary general facilities for the Contractor’s operation 15 from 1 location to another location on the Site. 16 b. Demobilization 17 1) Transportation of Contractor’s personnel, equipment, and operating supplies 18 away from the Site including disassembly 19 2) Site Clean-up 20 3) Removal of all buildings and/or other facilities assembled at the Site for this 21 Contract 22 c. Mobilization and Demobilization do not include activities for specific Items of 23 Work for which payment is provided elsewhere in the contract. 24 2. Remobilization 25 a. Remobilization for suspension of work specifically required in the Contract 26 Documents or as required by City includes: 27 1) Demobilization 28 a) Transportation of Contractor’s personnel, equipment, and operating 29 supplies from the Site including disassembly or temporarily securing 30 equipment, supplies, and other facilities as designated by the Contract 31 Documents necessary to suspend the Work. 32 b) Site Clean-up as designated in the Contract Documents 33 2) Remobilization 34 a) Transportation of Contractor’s personnel, equipment, and operating 35 supplies to the Site necessary to resume the Work. 36 b) Establishment of necessary general facilities for the Contractor’s 37 operation at the Site necessary to resume the Work. 38 3) No Payments will be made for: 39 a) Mobilization and Demobilization from one location to another on the 40 Site in the normal progress of performing the Work. 41 b) Stand-by or idle time 42 c) Lost profits 43 44 01 70 00 MOBILIZATION AND REMOBILIZATION Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 B. Deviations from this City of Denton Standard Specification 1 1. None. 2 C. Related Specification Sections include, but are not necessarily limited to: 3 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 4 2. Division 1 – General Requirements 5 1.2 PRICE AND PAYMENT PROCEDURES 6 A. Measurement and Payment 7 1. Mobilization and Demobilization 8 a. Measurement 9 1) This Item will be measured by the lump sum as the work progresses. 10 b. Payment 11 1) For this Item, the adjusted Contract Sum will be calculated as the total 12 Contract Sum less the lump sum for mobilization. Mobilization shall be 13 made in partial payments as follows: 14 a) When 1% of the adjusted Contract Sum for construction Items is 15 earned, 25% of the mobilization lump sum bid will be paid. 16 b) When 25% of the adjusted Contract Sum for construction Items is 17 earned, 50% of the mobilization lump sum bid will be paid. Previous 18 payments under the Item will be deducted from this amount. 19 c) When 50% of the adjusted Contract Sum for construction Items is 20 earned, 75% of the mobilization lump sum bid will be paid. Previous 21 payments under the Item will be deducted from this amount. 22 d) When 75% of the adjusted Contract Sum for construction Items is 23 earned, 100% of the mobilization lump sum bid will be paid. Previous 24 payments under the Item will be deducted from this amount. 25 e) A bid containing a total for “Mobilization” in excess of 10% of 26 total contract shall be considered unbalanced and a cause for 27 consideration of rejection. 28 c. The price bid shall include: 29 1) Mobilization of equipment to Site 30 2) Performance Bond 31 3) Payment Bond 32 4) Maintenance Bond 33 5) Remobilization as identified in the Contract Documents 34 6) Demobilization 35 d. No payments will be made for standby, idle time, or lost profits associated this 36 Item. 37 2. Remobilization for suspension of Work not identified in the Contract Documents, 38 as required by City 39 a. Measurement and Payment 40 1) This shall be submitted as a Contract Claim in accordance with Article 15 41 of Section 00 72 00. 42 2) No payments will be made for standby, idle time, or lost profits associated 43 with this Item. 44 1.3 REFERENCES [NOT USED] 45 01 70 00 MOBILIZATION AND REMOBILIZATION Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1 1.5 SUBMITTALS [NOT USED] 2 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This page intentionally left blank 01 71 23 CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 71 23 1 CONSTRUCTION STAKING AND SURVEY 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Requirements for construction staking to be provided by the Contractor. 6 2. Requirements for coordination with City to allow performance of as-built survey at 7 the Site. 8 B. Deviations from this City of Denton Standard Specification 9 1. None 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 – General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Staking 16 a. Measurement and Payment 17 1) Work associated with this Item is considered incidental to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. As-Built Survey 20 a. Measurement and Payment 21 1) Work associated with this Item is considered incidental to the various Items 22 bid. No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 25 1.5 SUBMITTALS 26 A. Submittals, if required, shall be in accordance with Section 01 33 00. 27 B. All submittals shall be approved by the City prior to delivery. 28 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 29 A. Certificates 30 1. Provide certificate certifying that elevations and locations of improvements are in 31 conformance or non-conformance with requirements of the Contract Documents. 32 a. Certificate must be sealed by a registered professional land surveyor in the 33 State of Texas. 34 B. Field Quality Control Submittals 35 1. Documentation verifying accuracy of field engineering work. 36 C. As-built Survey Submittal: 37 01 71 23 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1. AutoCAD (.dwg) 1 2. ESRI Shapefile (.shp) 2 3. CSV file (.csv), formatted with X and Y coordinates in separate columns 3 4. Include vertical and horizontal data tied to original project control and benchmarks, 4 and feature descriptions 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE 8 A. Construction Staking 9 1. Construction staking will be performed by the Contractor. 10 2. Coordination 11 a. It is the Contractor’s responsibility to coordinate staking such that construction 12 activities are not delayed or negatively impacted. 13 3. General 14 a. Contractor is responsible for preserving and maintaining staking. 15 b. If in the opinion of the City, a sufficient number of stakes or markings have 16 been lost, destroyed or disturbed, by Contractor’s neglect, such that the 17 contracted Work cannot take place, then the Contractor will be required to re-18 stake the deficient areas. 19 B. As-built Survey 20 1. As-built Survey will be performed by the Contractor. 21 2. Coordination 22 a. Contractor to verify that control data established in the design survey and 23 required for construction remains intact. 24 b. It is the Contractor’s responsibility to coordinate As-built Survey such that 25 construction activities are not delayed or negatively impacted. 26 c. Contractor shall restore or replace all necessary control data damaged during 27 construction operations. 28 d. For sewer mains and water lines 12-inch and smaller in diameter, if permitted 29 by City in writing, Contractor may physically measure depth and mark the 30 location during the progress of construction and perform As-built Survey after 31 the facility has been buried. The Contractor is responsible for the quality 32 control required to ensure accuracy if this approach is permitted. 33 3. General 34 a. As-built survey will be performed in order to maintain complete and accurate 35 logs of control and survey work as it progresses for Project Records. 36 b. The Contractor perform as-built survey to obtain construction features 37 including, but not limited to, the following: 38 1) All Utility Lines 39 a) Rim and flowline elevations and coordinates for each manhole or 40 junction structure 41 2) Water Lines 42 a) Top of pipe elevations and coordinates for water lines at the following 43 locations: 44 (1) Every 250 linear feet 45 01 71 23 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 (2) Horizontal and vertical points of inflection, curvature, etc. (All 1 Fittings) 2 (3) Cathodic protection test stations 3 (4) Sampling stations 4 (5) Meter boxes/vaults (All sizes) 5 (6) Fire lines 6 (7) Fire hydrants and valves 7 (8) Gate valves and Butterfly Valves 8 (9) Plugs, stubouts, dead-end lines 9 (10) Air Release valves (Manhole rim and vent pipe) 10 (11) Blow off valves (Manhole rim and valve lid) 11 (12) Pressure plane valves 12 (13) Cleaning wyes 13 (14) Casing pipe (each end) 14 b) Storm Sewer 15 (1) Top of pipe elevations and coordinates at the following locations: 16 (a) Every 250 linear feet 17 (b) Horizontal and vertical points of inflection, curvature, etc. 18 c) Sanitary Sewer 19 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 20 the following locations: 21 (a) Every 250 linear feet 22 (b) Horizontal and vertical points of inflection, curvature, etc. 23 (c) Cleanouts 24 c. As-built survey will be performed in order to maintain complete and accurate 25 logs of control and survey work associated with meeting or exceeding the line 26 and grade required by these Specifications. 27 1) The Contractor remains fully responsible for the accuracy of the work and 28 the correction of it, as required. 29 2) Monitor line and grade continuously during construction. 30 3) Record deviation with respect to design line and grade once at each pipe 31 joint and submit daily records to City. 32 4) If the installation does not meet the specified tolerances, immediately notify 33 the City and correct the installation in accordance with the Contract 34 Documents. 35 d. Submit to the City copies of field notes, if requested, used to establish all lines 36 and grades and allow the City to check guidance system setup prior to 37 beginning each tunneling drive. 38 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 39 1.11 FIELD [SITE] CONDITIONS [NOT USED] 40 1.12 WARRANTY [NOT USED] 41 PART 2 - PRODUCTS [NOT USED] 42 PART 3 - EXECUTION 43 3.1 INSTALLERS [NOT USED] 44 01 71 23 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 3.2 EXAMINATION [NOT USED] 1 3.3 PREPARATION [NOT USED] 2 3.4 APPLICATION 3 3.5 REPAIR / RESTORATION [NOT USED] 4 3.6 RE-INSTALLATION [NOT USED] 5 3.7 FIELD [OR] SITE QUALITY CONTROL 6 A. It is the Contractor’s responsibility to maintain all stakes and control data in accordance 7 with this Specification. 8 B. Do not change or relocate stakes or control data without approval from the City. 9 3.8 SYSTEM STARTUP [NOT USED] 10 3.9 ADJUSTING [NOT USED] 11 3.10 CLEANING [NOT USED] 12 3.11 CLOSEOUT ACTIVITIES [NOT USED] 13 3.12 PROTECTION [NOT USED] 14 3.13 MAINTENANCE [NOT USED] 15 3.14 ATTACHMENTS [NOT USED] 16 END OF SECTION 17 18 Revision Log DATE NAME SUMMARY OF CHANGE 19 01 74 23 CLEANING Page 1 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 7 B. Deviations from this City of Denton Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered incidental to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Scheduling 19 1. Schedule cleaning operations so that dust and other contaminants disturbed by 20 cleaning process will not fall on newly painted surfaces. 21 2. Schedule final cleaning upon completion of Work and immediately prior to final 22 inspection. 23 1.5 SUBMITTALS [NOT USED] 24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25 1.7 CLOSEOUT SUBMITTALS [NOT USED] 26 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27 1.9 QUALITY ASSURANCE [NOT USED] 28 1.10 STORAGE, AND HANDLING 29 A. Storage and Handling Requirements 30 1. Store cleaning products and cleaning wastes in containers specifically designed for 31 those materials. 32 01 74 23 CLEANING Page 2 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 01 74 23 CLEANING Page 3 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 6. Transport and deposit vegetative material removed as a result of work operations 1 off-site at a legal site in accordance with all applicable federal, state, and local laws 2 and regulations. 3 a. Removed vegetation will not be allowed to remain in piles or mounds on the 4 easement or surrounding property. 5 7. Handle materials in a controlled manner with as few handlings as possible. 6 8. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 7 this Project. 8 9. Remove all signs of temporary construction and activities incidental to construction 9 of required permanent Work. 10 10. If Project is not cleaned to the satisfaction of the City, the City reserves the right to 11 have the cleaning completed at the expense of the Contractor. 12 11. Do not burn on-site. 13 B. Intermediate Cleaning during Construction 14 1. Keep Work areas clean so as not to hinder health, safety or convenience of 15 personnel in existing facility operations. 16 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 17 3. Confine construction debris daily in strategically located container(s): 18 a. Cover to prevent blowing by wind 19 b. Store debris away from construction or operational activities 20 c. Haul from site at a minimum of once per week 21 4. Vacuum clean interior areas when ready to receive finish painting. 22 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 23 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 24 may become airborne or transported by flowing water during the storm. 25 C. Interior Final Cleaning 26 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 27 foreign materials from sight-exposed surfaces. 28 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 29 3. Wash and shine glazing and mirrors. 30 4. Polish glossy surfaces to a clear shine. 31 5. Ventilating systems 32 a. Clean permanent filters and replace disposable filters if units were operated 33 during construction. 34 b. Clean ducts, blowers and coils if units were operated without filters during 35 construction. 36 6. Replace all burned out lamps. 37 7. Broom clean process area floors. 38 8. Mop office and control room floors. 39 D. Exterior (Site or Right of Way) Final Cleaning 40 1. Remove trash and debris containers from site. 41 a. Re-seed areas disturbed by location of trash and debris containers. 42 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 43 that may hinder or disrupt the flow of traffic along the roadway. 44 01 74 23 CLEANING Page 4 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 1 junction boxes and inlets. 2 4. If no longer required for maintenance of erosion facilities, and upon approval by 3 City, remove erosion control from site. 4 5. Clean signs, lights, signals, etc. 5 3.11 CLOSEOUT ACTIVITIES [NOT USED] 6 3.12 PROTECTION [NOT USED] 7 3.13 MAINTENANCE [NOT USED] 8 3.14 ATTACHMENTS [NOT USED] 9 END OF SECTION 10 11 Revision Log DATE NAME SUMMARY OF CHANGE 12 01 77 19 CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Denton Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 3. Section 33 01 30 – Post Construction Closed Circuit Television (CCTV) Inspection 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered incidental to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to Project Manager. 27 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 PART 2 - PRODUCTS [NOT USED] 30 01 77 19 CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 PART 3 - EXECUTION 1 3.1 INSTALLERS [NOT USED] 2 3.2 EXAMINATION [NOT USED] 3 3.3 PREPARATION [NOT USED] 4 3.4 CLOSEOUT PROCEDURE 5 A. Prior to requesting Final Inspection, submit: 6 1. Project Record Documents in accordance with Section 01 78 39 7 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 8 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 9 01 74 23. 10 C. Final Inspection 11 1. After final cleaning, provide notice to the Project Manager and their duly appointed 12 representative that the Work is completed. 13 a. City reserves the right to deny request for Final Inspection if City determines 14 that the entire Work is not sufficiently complete to warrant a Final Inspection 15 b. The City will make an initial Final Inspection with the Contractor present. 16 c. Upon completion of this inspection, the City will notify the Contractor, in 17 writing within 10 Business Days, of any particulars in which this inspection 18 reveals that the Work is defective or incomplete. 19 2. Upon receiving written notice from the City, immediately undertake the Work 20 required to remedy deficiencies and complete the Work to the satisfaction of the 21 City. 22 3. Upon completion of Work associated with the items listed in the City's written 23 notice, inform the City, that the required Work has been completed. Upon receipt 24 of this notice, the City, in the presence of the Contractor, will make a subsequent 25 Final Inspection of the project. 26 4. Provide all special accessories required to place each item of equipment in full 27 operation. These special accessory items include, but are not limited to: 28 a. Specified spare parts 29 b. Adequate oil and grease as required for the first lubrication of the equipment 30 c. Initial fill up of all chemical tanks and fuel tanks 31 d. Light bulbs 32 e. Fuses 33 f. Vault keys 34 g. Handwheels 35 h. Other expendable items as required for initial start-up and operation of all 36 equipment 37 D. Supporting Documentation 38 1. Coordinate with the City Project Representative to complete the following 39 additional forms: 40 a. Final Payment Request 41 b. Statement of Contract Time 42 c. Affidavit of Payment and Release of Liens 43 01 77 19 CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 d. Consent of Surety to Final Payment 1 E. Letter of Final Acceptance 2 1. When City has deemed the Work has been completed, and upon receiving all 3 Supporting Documentation, in accordance with General Conditions, City will issue 4 Letter of Final Acceptance and release the final payment request for payment. 5 F. Warranty Inspection for Wastewater Mains 6 1. A second television inspection conforming to the standards laid out in Section 33 7 01 30 shall be started by the Contractor no sooner than 630 Calendar Days and 8 finished no later than 690 Calendar Days after the date of issuance of the Letter of 9 Final Acceptance for the project by the City of Denton. 10 2. The second inspection shall include a complete televised inspection of each 11 manhole interior constructed or installed on the project (including cored manholes). 12 a. Should the second inspection indicate repairs that need to be made, these will 13 be performed by the Contractor at no cost to the City. 14 3. Failure of the Contractor to perform the second inspection or to make repairs 15 indicated by the second inspection shall be sufficient grounds for the City to take 16 action through the terms of the Maintenance Bond for the project to perform the 17 second inspection and make any repairs indicated. 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 This page intentionally left blank 01 78 23 OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 01 78 23 1 OPERATION AND MAINTENANCE DATA 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Product data and related information appropriate for City's maintenance and 6 operation of products furnished under Agreement 7 2. Such products may include, but are not limited to: 8 a. Traffic Controllers 9 b. Irrigation Controllers (to be operated by the City) 10 c. Butterfly Valves 11 B. Deviations from this City of Denton Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered incidental to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Schedule 23 1. Submit manuals in final form to the City within 30 Calendar Days of product 24 shipment to the Site. 25 1.5 SUBMITTALS 26 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 27 approved by the City prior to delivery. 28 1.6 INFORMATIONAL SUBMITTALS 29 A. Submittal Form 30 1. Prepare data in form of an instructional manual for use by City personnel. 31 2. Format 32 a. Size: 8 ½ inches x 11 inches 33 b. Paper 34 1) 40 pound minimum, white, for typed pages 35 2) Holes reinforced with plastic, cloth or metal 36 c. Text: Manufacturer’s printed data, or neatly typewritten 37 01 78 23 OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 d. Drawings 1 1) Provide reinforced punched binder tab, bind in with text 2 2) Reduce larger drawings and fold to size of text pages. 3 e. Provide fly-leaf for each separate product, or each piece of operating 4 equipment. 5 1) Provide typed description of product, and major component parts of 6 equipment. 7 2) Provide indexed tabs. 8 f. Cover 9 1) Identify each volume with typed or printed title "OPERATING AND 10 MAINTENANCE INSTRUCTIONS". 11 2) List: 12 a) Title of Project 13 b) Identity of separate structure as applicable 14 c) Identity of general subject matter covered in the manual 15 3. Binders 16 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 17 b. When multiple binders are used, correlate the data into related consistent 18 groupings. 19 4. Provide an electronic form of the O&M Manual. 20 B. Manual Content 21 1. Neatly typewritten table of contents for each volume, arranged in systematic order 22 a. Contractor, name of responsible principal, address and telephone number 23 b. A list of each product required to be included, indexed to content of the volume 24 c. List, with each product: 25 1) The name, address and telephone number of the subcontractor or installer 26 2) A list of each product required to be included, indexed to content of the 27 volume 28 3) Identify area of responsibility of each 29 4) Local source of supply for parts and replacement 30 d. Identify each product by product name and other identifying symbols as set 31 forth in Contract Documents. 32 2. Product Data 33 a. Include only those sheets which are pertinent to the specific product. 34 b. Annotate each sheet to: 35 1) Clearly identify specific product or part installed 36 2) Clearly identify data applicable to installation 37 3) Delete references to inapplicable information 38 3. Drawings 39 a. Supplement product data with drawings as necessary to clearly illustrate: 40 1) Relations of component parts of equipment and systems 41 2) Control and flow diagrams 42 b. Coordinate drawings with information in Project Record Documents to assure 43 correct illustration of completed installation. 44 c. Do not use Project Record Drawings as maintenance drawings. 45 4. Written text, as required to supplement product data for the particular installation: 46 a. Organize in consistent format under separate headings for different procedures. 47 b. Provide logical sequence of instructions of each procedure. 48 01 78 23 OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 5. Copy of each warranty, bond and service contract issued 1 a. Provide information sheet for City personnel giving: 2 1) Proper procedures in event of failure 3 2) Instances which might affect validity of warranties or bonds 4 C. Manual for Materials and Finishes 5 1. Submit 5 hard copies and 1 digital copy of complete manual in final form. 6 2. Content, for architectural products, applied materials and finishes: 7 a. Manufacturer's data, giving full information on products 8 1) Catalog number, size, composition 9 2) Color and texture designations 10 3) Information required for reordering special manufactured products 11 b. Instructions for care and maintenance 12 1) Manufacturer's recommendation for types of cleaning agents and methods 13 2) Cautions against cleaning agents and methods which are detrimental to 14 product 15 3) Recommended schedule for cleaning and maintenance 16 3. Content, for moisture protection and weather exposure products: 17 a. Manufacturer's data, giving full information on products 18 1) Applicable standards 19 2) Chemical composition 20 3) Details of installation 21 b. Instructions for inspection, maintenance and repair 22 D. Manual for Equipment and Systems 23 1. Submit 5 hard copies and 1 digital copy of complete manual in final form. 24 2. Content, for each unit of equipment and system, as appropriate: 25 a. Description of unit and component parts 26 1) Function, normal operating characteristics and limiting conditions 27 2) Performance curves, engineering data and tests 28 3) Complete nomenclature and commercial number of replaceable parts 29 b. Operating procedures 30 1) Start-up, break-in, routine and normal operating instructions 31 2) Regulation, control, stopping, shut-down and emergency instructions 32 3) Summer and winter operating instructions 33 4) Special operating instructions 34 c. Maintenance procedures 35 1) Routine operations 36 2) Guide to "trouble shooting" 37 3) Disassembly, repair and reassembly 38 4) Alignment, adjusting and checking 39 d. Servicing and lubrication schedule 40 1) List of lubricants required 41 e. Manufacturer's printed operating and maintenance instructions 42 f. Description of sequence of operation by control manufacturer 43 1) Predicted life of parts subject to wear 44 2) Items recommended to be stocked as spare parts 45 g. As installed control diagrams by controls manufacturer 46 h. Each contractor's coordination drawings 47 1) As installed color coded piping diagrams 48 01 78 23 OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 i. Charts of valve tag numbers, with location and function of each valve 1 j. List of original manufacturer's spare parts, manufacturer's current prices, and 2 recommended quantities to be maintained in storage 3 k. Other data as required under pertinent Sections of Specifications 4 3. Content, for each electric and electronic system, as appropriate: 5 a. Description of system and component parts 6 1) Function, normal operating characteristics, and limiting conditions 7 2) Performance curves, engineering data and tests 8 3) Complete nomenclature and commercial number of replaceable parts 9 b. Circuit directories of panelboards 10 1) Electrical service 11 2) Controls 12 3) Communications 13 c. As installed color coded wiring diagrams 14 d. Operating procedures 15 1) Routine and normal operating instructions 16 2) Sequences required 17 3) Special operating instructions 18 e. Maintenance procedures 19 1) Routine operations 20 2) Guide to "trouble shooting" 21 3) Disassembly, repair and reassembly 22 4) Adjustment and checking 23 f. Manufacturer's printed operating and maintenance instructions 24 g. List of original manufacturer's spare parts, manufacturer's current prices, and 25 recommended quantities to be maintained in storage 26 h. Other data as required under pertinent Sections of Specifications 27 4. Prepare and include additional data when the need for such data becomes apparent 28 during instruction of City's personnel. 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE 32 A. Provide operation and maintenance data by personnel with the following criteria: 33 1. Trained and experienced in maintenance and operation of described products 34 2. Skilled as technical writer to the extent required to communicate essential data 35 3. Skilled as draftsman competent to prepare required drawings 36 01 78 23 OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 This page intentionally left blank 01 78 39 PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 SECTION 01 78 39 1 PROJECT RECORD DOCUMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Work associated with the documenting the project and recording changes to project 6 documents, including: 7 a. Record Drawings 8 B. Deviations from this City of Denton Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 – General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered incidental to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 19 1.5 SUBMITTALS 20 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 21 Project Manager. 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE 26 A. Accuracy of Records 27 1. Thoroughly coordinate changes within the Record Documents, making adequate 28 and proper entries on each page of Specifications and each sheet of Drawings and 29 other Documents where such entry is required to show the change properly. 30 2. Accuracy of records shall be such that future search for items shown in the Contract 31 Documents may rely reasonably on information obtained from the approved Project 32 Record Documents. 33 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 34 information that the change has occurred. 35 01 78 39 PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 4. Provide factual information regarding all aspects of the Work, both concealed and 1 visible, to enable future modification of the Work to proceed without lengthy and 2 expensive site measurement, investigation and examination. 3 1.10 STORAGE AND HANDLING 4 A. Storage and Handling Requirements 5 1. Maintain the job set of Record Documents, which shall include the Drawings and 6 the Project Manual, completely protected from deterioration and from loss and 7 damage until completion of the Work and transfer of all recorded data to the final 8 Project Record Documents. 9 2. In the event of loss of recorded data, use means necessary to again secure the data 10 to the City's approval. 11 a. In such case, provide replacements to the standards originally required by the 12 Contract Documents. 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS 16 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 17 2.2 RECORD DOCUMENTS 18 A. Job set 19 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 20 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 21 B. Final Record Documents 22 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 23 the City 1 complete set of all Final Record Drawings in the Contract. 24 2.3 ACCESSORIES [NOT USED] 25 2.4 SOURCE QUALITY CONTROL [NOT USED] 26 PART 3 - EXECUTION 27 3.1 INSTALLERS [NOT USED] 28 3.2 EXAMINATION [NOT USED] 29 3.3 PREPARATION [NOT USED] 30 3.4 MAINTENANCE DOCUMENTS 31 A. Maintenance of Job Set 32 1. Immediately upon receipt of the job set, identify each of the Documents with the 33 title, "RECORD DOCUMENTS - JOB SET". The Job set shall include the 34 Drawings and the Project Manual. 35 01 78 39 PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 2. Preservation 1 a. Considering the Contract completion time, the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed, devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City, until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 10 clearly mark any deviations from Contract Documents associated with 11 installation of the infrastructure. 12 4. Making entries on Drawings and Specifications 13 a. Record any deviations from Contract Documents on Drawings and in the 14 Specifications if applicable. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings and Specifications 44 a. Carefully transfer change data shown on the job set of Record Drawings and 45 Project Manual if applicable, to the corresponding final documents, 46 coordinating the changes as required. 47 01 78 39 PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF DENTON CSP 8692 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Effective January 15, 2021 b. Clearly indicate at each affected detail and other Drawing a full description of 1 changes made during construction, and the actual location of items. 2 c. Call attention to each entry by drawing a "cloud" around the area or areas 3 affected. 4 d. Make changes neatly, consistently and with the proper media to assure 5 longevity and clear reproduction. 6 2. Transfer of data to other Documents 7 a. If the Documents, other than Drawings, have been kept clean during progress of 8 the Work, and if entries thereon have been orderly to the approval of the City, 9 the job set of those Documents, other than Drawings, will be accepted as final 10 Record Documents. 11 b. If any such Document is not so approved by the City, secure a new copy of that 12 Document from the City at the City's usual charge for reproduction and 13 handling, and carefully transfer the change data to the new copy to the approval 14 of the City. 15 3.5 REPAIR / RESTORATION [NOT USED] 16 3.6 RE-INSTALLATION [NOT USED] 17 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 18 3.8 SYSTEM STARTUP [NOT USED] 19 3.9 ADJUSTING [NOT USED] 20 3.10 CLEANING [NOT USED] 21 3.11 CLOSEOUT ACTIVITIES [NOT USED] 22 3.12 PROTECTION [NOT USED] 23 3.13 MAINTENANCE [NOT USED] 24 3.14 ATTACHMENTS [NOT USED] 25 END OF SECTION 26 27 Revision Log DATE NAME SUMMARY OF CHANGE 28 02.41.00 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Demolition HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 02.41.00 DEMOLITION PART 1 GENERAL 1.01 SECTION INCLUDES A.Building demolition excluding removal of hazardous materials and toxic substances. B.Selective demolition of built site elements. C.Selective demolition of building elements for alteration purposes. D.Abandonment and removal of existing utilities and utility structures. 1.02 RELATED REQUIREMENTS A.Section 01.10.00 -Summary: Limitations on Contractor's use of site and premises. B.Section 01.10.00 -Summary: Description of items to be salvaged or removed for re-use by Contractor. C.Section 01.50.00 -Temporary Facilities and Controls: Site fences,security,protective barriers, and waste removal. D.Section 01.60.00 -Product Requirements: Handling and storage of items removed for salvage and relocation. E.Section 01.70.00 -Execution and Closeout Requirements: Project conditions;protection of bench marks,survey control points,and existing construction to remain;reinstallation of removed products;temporary bracing and shoring. F.Section 31.22.00 -Grading: Rough and fine grading. G.Section 31.23.23 -Fill: Fill material for filling holes,pits,and excavations generated as a result of removal operations. 1.03 SUBMITTALS A.See Section 01.30.00 -Administrative Requirements for submittal procedures. B.Site Plan: Indicate: 1.Areas for temporary construction and field offices. 2.Areas for temporary and permanent placement of removed materials. C.Demolition Plan: Submit demolition plan as required by OSHA and local AHJs. 1.Indicate extent of demolition,removal sequencing,bracing and shoring,and location and construction of barricades and fences. 2.Demolition firm qualifications. D.Project Record Documents: Accurately record actual locations of capped and active utilities and subsurface construction. PART 2 PRODUCTS --NOT USED PART 3 EXECUTION 3.01 DEMOLITION A.Remove other items indicated,for salvage,relocation,and recycling. B.Fill excavations,open pits,and holes in ground areas generated as result of removals,using specified fill;compact fill as specified in Section 31.22.00. 3.02 GENERAL PROCEDURES AND PROJECT CONDITIONS A.Comply with applicable codes and regulations for demolition operations and safety of adjacent structures and the public. 1.Obtain required permits. 02.41.00 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Demolition HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.Take precautions to prevent catastrophic or uncontrolled collapse of structures to be removed;do not allow worker or public access within range of potential collapse of unstable structures. 3.Provide,erect,and maintain temporary barriers and security devices. 4.Conduct operations to minimize effects on and interference with adjacent structures and occupants. 5.Do not close or obstruct roadways or sidewalks without permits from authority having jurisdiction. 6.Conduct operations to minimize obstruction of public and private entrances and exits.Do not obstruct required exits at any time.Protect persons using entrances and exits from removal operations. 7.Obtain written permission from owners of adjacent properties when demolition equipment will traverse,infringe upon,or limit access to their property. B.Do not begin removal until receipt of notification to proceed from Owner. C.Protect existing structures and other elements to remain in place and not removed. 1.Provide bracing and shoring. 2.Prevent movement or settlement of adjacent structures. 3.Stop work immediately if adjacent structures appear to be in danger. 3.03 EXISTING UTILITIES A.Coordinate work with utility companies.Notify utilities before starting work,comply with their requirements,and obtain required permits. B.Protect existing utilities to remain from damage. C.Do not disrupt public utilities without permit from authority having jurisdiction. D.Do not close,shut off,or disrupt existing life safety systems that are in use without at least 7 days prior written notification to Owner. E.Do not close,shut off,or disrupt existing utility branches or take-offs that are in use without at least 3 days prior written notification to Owner. F.Locate and mark utilities to remain;mark using highly visible tags or flags,with identification of utility type;protect from damage due to subsequent construction,using substantial barricades if necessary. G.Remove exposed piping,valves,meters,equipment,supports,and foundations of disconnected and abandoned utilities. H.Prepare building demolition areas by disconnecting and capping utilities outside the demolition zone.Identify and mark,in same manner as other utilities to remain,utilities to be reconnected. 3.04 SELECTIVE DEMOLITION FOR ALTERATIONS A.Existing construction and utilities indicated on drawings are based on casual field observation and existing record documents only. 1.Verify construction and utility arrangements are as indicated. 2.Report discrepancies to Architect before disturbing existing installation. 3.Beginning of demolition work constitutes acceptance of existing conditions that would be apparent upon examination prior to starting demolition. B.Separate areas in which demolition is being conducted from areas that remain occupied. 1.Provide,erect,and maintain temporary dustproof partitions of construction specified in Section 01.50.00 in locations indicated on drawings. C.Maintain weatherproof exterior building enclosure,except for interruptions required for replacement or modifications;prevent water and humidity damage. 02.41.00 - 3 CSP 8692 Nelson +Morgan Architects,Inc.Demolition HVAC Upgrades NMA 24006 City of Denton Fleet Services D.Remove existing work as indicated and required to accomplish new work. 1.Remove rotted wood,corroded metals,and deteriorated masonry and concrete;replace with new construction indicated. 2.Remove items indicated on drawings. E.Services (Including but not limited to HVAC,Plumbing,Fire Protection,and Electrical): Remove existing systems and equipment as indicated. 1.Maintain existing active systems to remain in operation,and maintain access to equipment and operational components. 2.Where existing active systems serve occupied facilities but are to be replaced with new services,maintain existing systems in service until new systems are complete and ready for service. 3.Verify that abandoned services serve only abandoned facilities before removal. 4.Remove abandoned pipe,ducts,conduits,and equipment,including those above accessible ceilings.Remove back to source of supply where possible,otherwise cap stub and tag with identification. F.Protect existing work to remain. 1.Prevent movement of structure.Provide shoring and bracing as required. 2.Perform cutting to accomplish removal work neatly and as specified for cutting new work. 3.Repair adjacent construction and finishes damaged during removal work. 4.Patch to match new work. 3.05 DEBRIS AND WASTE REMOVAL A.Remove debris,junk,and trash from site. B.Leave site in clean condition,ready for subsequent work. C.Clean up spillage and wind-blown debris from public and private lands. END OF SECTION 02.41.00 This page intentionally left blank 06.10.00 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Rough Carpentry HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 06.10.00 ROUGH CARPENTRY PART 1 GENERAL 4.01 SECTION INCLUDES A.Roofing nailers. B.Preservative treated wood materials. C.Fire retardant treated wood materials. 4.02 RELATED REQUIREMENTS A.Section 07.25.00 -Weather Barriers: Water-resistive barrier over sheathing. B.Section 07.62.00 -Sheet Metal Flashing and Trim: Sill flashings. C.Section 09.21.16 -Gypsum Board Assemblies: Gypsum-based sheathing. 4.03 REFERENCE STANDARDS A.ASTM A153/A153M -Standard Specification for Zinc Coating (Hot-Dip)on Iron and Steel Hardware;2023. B.ASTM C557 -Standard Specification for Adhesives for Fastening Gypsum Wallboard to Wood Framing;2003 (Reapproved 2017). C.ASTM D3498 -Standard Specification for Adhesives for Field-Gluing Wood Structural Panels (Plywood or Oriented Strand Board)to Wood Based Floor System Framing;2019a. D.ASTM E84 -Standard Test Method for Surface Burning Characteristics of Building Materials; 2023d. E.AWPA U1 -Use Category System: User Specification for Treated Wood;2024. F.ICC-ES AC380 -Acceptance Criteria for Termite Physical Barrier Systems;2021,with Editorial Revision (2022). G.PS 2 -Performance Standard for Wood Structural Panels;2018. H.PS 20 -American Softwood Lumber Standard;2021. 4.04 SUBMITTALS A.See Section 01.30.00 -Administrative Requirements for submittal procedures. B.Product Data: Provide technical data on insulated sheathing,wood preservative materials,and application instructions. C.Manufacturer's Certificate: Certify that wood products supplied for rough carpentry meet or exceed specified requirements. D.ABAA Manufacturer Qualification: Submit documentation of current evaluation of proposed manufacturer and materials. 4.05 DELIVERY,STORAGE,AND HANDLING A.General: Cover wood products to protect against moisture.Support stacked products to prevent deformation and to allow air circulation. B.Fire Retardant Treated Wood: Prevent exposure to precipitation during shipping,storage,and installation. 4.06 WARRANTY A.See Section 01.78.00 -Closeout Submittals for additional warranty requirements. B.Correct defective work within a two-year period commencing on Date of Substantial Completion. 06.10.00 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Rough Carpentry HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 2 PRODUCTS 5.01 GENERAL REQUIREMENTS A.Dimension Lumber: Comply with PS 20 and requirements of specified grading agencies. 1.If no species is specified,provide species graded by the agency specified;if no grading agency is specified,provide lumber graded by grading agency meeting the specified requirements. 2.Grading Agency: Grading agency whose rules are approved by the Board of Review, American Lumber Standard Committee at www.alsc.org, and who provides grading service for the species and grade specified;provide lumber stamped with grade mark unless otherwise indicated. 5.02 DIMENSION LUMBER FOR CONCEALED APPLICATIONS A.Sizes: Nominal sizes as indicated on drawings,S4S. B.Moisture Content: S-dry or MC19. 5.03 CONSTRUCTION PANELS A.Wall Sheathing,3/4": PS 2 type. 1.Bond Classification: Exterior. 2.Grade: Structural I Sheathing. 3.Span Rating: 16. 4.Performance Category: 5/16 PERF CAT. 5.Edge Profile:Square edge. 5.04 ACCESSORIES A.Fasteners and Anchors: 1.Metal and Finish: Hot-dipped galvanized steel complying with ASTM A153/A153M for high humidity and preservative-treated wood locations,unfinished steel elsewhere. 2.Drywall Screws: Bugle head,hardened steel,power driven type,length three times thickness of sheathing. B.Termite-Resistant Sill Flashing: Self-adhesive membrane;polyethylene film bonded to sealant. 1.Thickness: 40 mil,0.040 inch. 2.Termite Resistance: 100 percent when tested in accordance with ICC-ES AC380. C.Sill Flashing: See Section 07.62.00. D.Water-Resistive Barrier: See Section 07.25.00. 5.05 FACTORY WOOD TREATMENT A.Treated Lumber and Plywood: Comply with requirements of AWPA U1 -Use Category System for wood treatments determined by use categories,expected service conditions,and specific applications. 1.Fire-Retardant Treated Wood: Mark each piece of wood with producer's stamp indicating compliance with specified requirements. 2.Preservative-Treated Wood: Provide lumber and plywood marked or stamped by an ALSC-accredited testing agency,certifying level and type of treatment in accordance with AWPA standards. B.Fire Retardant Treatment: 1.Interior Type A: AWPA U1,Use Category UCFA,Commodity Specification H,low temperature (low hygroscopic)type,chemically treated and pressure impregnated; capable of providing a maximum flame spread index of 25 when tested in accordance with ASTM E84,with no evidence of significant combustion when test is extended for an additional 20 minutes. 06.10.00 - 3 CSP 8692 Nelson +Morgan Architects,Inc.Rough Carpentry HVAC Upgrades NMA 24006 City of Denton Fleet Services a.Kiln dry wood after treatment to a maximum moisture content of 19 percent for lumber and 15 percent for plywood. b.Treat rough carpentry items as indicated . c.Do not use treated wood in applications exposed to weather or where the wood may become wet. C.Preservative Treatment: 1.Preservative Pressure Treatment of Lumber Above Grade: AWPA U1,Use Category UC3B,Commodity Specification A using waterborne preservative. a.Kiln dry lumber after treatment to maximum moisture content of 19 percent. b.Treat lumber in contact with roofing,flashing,or waterproofing. c.Treat lumber in contact with masonry or concrete. PART 3 EXECUTION 6.01 PREPARATION A.Where wood framing bears on cementitious foundations,install full width sill flashing continuous over top of foundation,lap ends of flashing minimum of 4 inches and seal. 6.02 INSTALLATION -GENERAL A.Select material sizes to minimize waste. B.Reuse scrap to the greatest extent possible;clearly separate scrap for use on site as accessory components,including:shims,bracing,and blocking. C.Where treated wood is used on interior,provide temporary ventilation during and immediately after installation sufficient to remove indoor air contaminants. 6.03 BLOCKING,NAILERS,AND SUPPORTS A.Provide framing and blocking members as indicated or as required to support finishes,fixtures, specialty items,and trim. B.In framed assemblies that have concealed spaces,provide solid wood fireblocking as required by applicable local code,to close concealed draft openings between floors and between top story and roof/attic space;other material acceptable to authorities having jurisdiction may be used in lieu of solid wood blocking. C.In metal stud walls,provide continuous blocking around door and window openings for anchorage of frames,securely attached to stud framing. D.Provide the following specific nonstructural framing and blocking: 1.Cabinets and shelf supports. 2.Wall brackets. 3.Handrails. 4.Grab bars. 5.Towel and bath accessories. 6.Wall-mounted door stops. 7.Chalkboards and marker boards. 8.Wall paneling and trim. 9.Joints of rigid wall coverings that occur between studs. 6.04 INSTALLATION OF CONSTRUCTION PANELS A.Wall Sheathing: Secure with long dimension perpendicular to wall studs,with ends over firm bearing and staggered,using nails,screws,or staples. 1.Place water-resistive barrier horizontally over wall sheathing,weather lapping edges and ends. 06.10.00 - 4 CSP 8692 Nelson +Morgan Architects,Inc.Rough Carpentry HVAC Upgrades NMA 24006 City of Denton Fleet Services B.Communications and Electrical Room Mounting Boards: Secure with screws to studs with edges over firm bearing;space fasteners at maximum 24 inches on center on all edges and into studs in field of board. 1.At fire-rated walls,install board over wall board indicated as part of the fire-rated assembly. 2.Where boards are indicated as full floor-to-ceiling height,install with long edge of board parallel to studs. 3.Install adjacent boards without gaps. C.Wall Sheathing and Roof Sheathing with Laminated Water-Resistive Barrier and Air Barrier: Secure to studs in accordance with manufacturer's installation instructions. 1.Install with laminated water-resistive and air barrier on exterior side of sheathing. 2.Do not bridge building expansion joints;cut and space edges of panels to match spacing of structural support elements. 3.Use only mechanically attached and drainable EIFS and exterior insulation with wall sheathing with laminated water-resistive and air barrier. 4.Apply manufacturer's standard seam tape to joints between sheathing panels;use tape gun or hard rubber roller in accordance with manufacturer's installation instructions. 6.05 TOLERANCES A.Framing Members: 1/4 inch from true position,maximum. B.Variation from Plane,Other than Floors: 1/4 inch in 10 feet maximum,and 1/4 inch in 30 feet maximum. 6.06 FIELD QUALITY CONTROL A.See Section 01.40.00 -Quality Requirements for additional requirements. B.Coordination of ABAA Tests and Inspections: 1.Provide testing and inspection required by ABAA QAP. 2.Notify in ABAA writing of schedule for air barrier work. Allow adequate time for testing and inspection. 3.Cooperate with ABAA testing agency. 4.Allow access to air barrier work areas and staging. 5.Do not cover air barrier work until tested,inspected,and accepted. 6.07 CLEANING A.Waste Disposal: See Section 01.74.19 -Construction Waste Management and Disposal. 1.Comply with applicable regulations. 2.Do not burn scrap on project site. 3.Do not burn scraps that have been pressure treated. 4.Do not send materials treated with pentachlorophenol,CCA,or ACA to co-generation facilities or “waste-to-energy”facilities. B.Do not leave wood,shavings,sawdust,etc.on the ground or buried in fill. C.Prevent sawdust and wood shavings from entering the storm drainage system. END OF SECTION 06.10.00 07.24.19 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 07.24.19 EXTERIOR INSULATION AND FINISH SYSTEM PART 1 GENERAL 1.01 SUMMARY A.Provide air and water-resistive barrier,and compatible EIFS for vertical above grade exterior walls B.Related Sections 1.Air Barriers 2.Section 07 62 00:Sheet Metal Flashing and Trim 3.Section 07 90 00:Joint Protection 1.02 SUBMITTALS A.Manufacturer's specifications,design guide and details,installation instructions,and product data B.Manufacturer’s code compliance report C.Manufacturer's standard warranty D.Applicator's industry training credentials E.Samples for approval as directed by architect or owner F.Sealant manufacturer's certificate of compatibility G.Prepare and submit project-specific details (when required by contract documents) 1.03 REFERENCES A.ASTM Standards 1.C150,Standard Specification for Portland Cement 2.C578,Standard Specification for Rigid,Cellular Polystyrene Thermal Insulation 3.C920,Standard Specification for Elastomeric Joint Sealants 4.C1382,Standard Method for Determining Tensile Adhesion Properties of Sealants When Use in Exterior Insulation and Finish Systems 5.D3273,Test for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber 6.E84,Test Method for Surface Burning Characteristics of Building Materials 7.E96,Standard Test Methods for Water Vapor Transmission of Materials 8.E119,Method for Fire Tests of Building Construction and Materials 9.E331,Test Method for Water Penetration of Exterior Windows,Curtain Walls,and Doors by Uniform Static Air Pressure Difference 10.E2178,Test Method for Air Permeance of Building Materials 11.E2273,Test Method for Determining the Drainage Efficiency of Exterior Insulation and Finish System (EIFS)Clad Wall Assemblies 12.E2357,Standard Test Method for Determining Air Leakage of Air Barrier Assemblies 13.E2430,Standard Specification for Expanded Polystyrene (“EPS”)Thermal Insulation Boards for Use in Exterior Insulation and Finish Systems (“EIFS”) 14.E2486,Standard Test Method for Impact Resistance of Class PB and PI Exterior Insulation and Finish Systems (EIFS) 15.E2568,Standard Specification for PB Exterior Insulation and Finish Systems B.ICC-ES Acceptance Criteria,Building Codes 1.AC 235,Acceptance Criteria for EIFS Clad Drainage Wall Assemblies (July 2020) 2.IBC-2018,International Building Code 07.24.19 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.IECC-2018,International Energy Conservation Code C.National Fire Protection Association (NFPA)Standards 1.NFPA 268,Standard Test Method for Determining Ignitability of Exterior Wall Assemblies Using a Radiant Heat Energy Source 2.NFPA 285,Standard Fire Test Method for Evaluation of Fire Propagation Characteristics of Exterior Wall Assemblies Containing Combustible Components D.South Coast AQMD (Air Quality Management District)Standards 1.Rule 1113,Architectural Coatings E.Other Referenced Documents 1.ICC ESR-1233,StoGuard Air Barrier and Water-Resistive Barrier System,StoEnergy Guard (StoGuard with Continuous Insulation),and StoPanel Backup 2.ICC-ESR-1748,StoTherm ci,StoTherm ci MVES,StoTherm ci with StoCast Finishes 3.StoTherm EIFS:Installation Guide 4.StoTherm EIFS Reference Guide:Repair and Maintenance 5.Sto RapidGuard:Installation Guide 6.StoGuard Conformable Membrane:Installation Guide 7.52s.xx,StoTherm ci Design Guide and Detail Booklet 8.52s.xx FB,StoTherm ci with Fireblocking,Compliance with 2022 New York City Building Code 1.04 DESIGN REQUIREMENTS A.As shown on drawings.Coordinate with all trades and Architects 1.05 PERFORMANCE REQUIREMENTS A.Air and Water-resistive Barrier 1.Air leakage less than 0.004 cfm/ft2 (0.02 L/s·m2)at 1.57 psf (75 Pa)when measured in accordance with ASTM E2178 2.Assembly air leakage less than 0.04 cfm/ft2 (0.2 L/s·m2)after conditioning protocol when measured in accordance with ASTM E2357 3.Vapor Permeable,Water vapor permeance greater than 10 perms when measured in accordance with ASTM E96,Method B 4.Vapor Impermeable,Water vapor permeance less than 0.1 perms when measured in accordance with ASTM E96,Method A 5.No water penetration when subjected to sequential water spray of 2.86 psf (137 Pa),then 6.24 psf (299 Pa),for 15 minutes at each pressure interval,when measured in accordance with ASTM E331 6.No water penetration at nail puncture after 72 hours at 40°F (4°C)when measured in accordance with ASTM D1970 7.No mold growth at 70 days when measured in accordance with ASTM D3273 B.EIFS Cladding 1.Meets or exceeds durability requirements of ASTM E2568 2.Drainage efficiency greater than 95%when measured in accordance with ASTM E2273 3.No water penetration when subjected to 75 minutes of water spray at 6.24 psf (299 Pa) and measured in accordance with ASTM E331 4.No mold growth at 60 days when measured in accordance with ASTM D3273 5.Flame spread and smoke development of lamina (base coat,reinforcing mesh,and finish) less than 25 and 450,respectively,when tested in accordance with ASTM E84 6.Meets acceptance criteria of NFPA 285 for use on non-combustible construction 7.No ignition when exposed to radiant heat in accordance with NFPA 268 07.24.19 - 3 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services 8.Maintains hourly fire resistance rating of known,rated wall assembly when tested in accordance with ASTM E119 9. meets Ultra-High impact resistance with Sto Mesh and Sto Armor Mat,when measured in accordance with ASTM E2486 10.Ultimate wind load capacity of plus or minus 188 psf (9.00 kPa)when measured in accordance with ASTM E330,and support wall construction achieves equal or greater ultimate load capacity 1.06 COMPLIANCE A.Air and Water-resistive Barrier 1.Meets or exceeds maximum allowable material air leakage requirements of the 2018 IECC based on independent laboratory testing in accordance with ASTM E2178 2.Meets or exceeds maximum allowable assembly air leakage requirements of the 2028 IECC based on independent laboratory testing in accordance with ASTM E2357 3.Meets requirements of ICC AC 212 for coatings used as WRBs over sheathing 4.Listed as compliant with 2018 IBC,IRC,and IECC in a current ICC-ES Evaluation Report 5.Meets VOC emission standard of South Coast AQMD Rule 1113 for Building Envelope Coatings B.EIFS Cladding 1.Meets performance and weather resistance requirements of 2018 IBC Sections 1407.2 and 1407.4,and complies with requirements of Chapter 26 for use on noncombustible construction (Types I,II,II,and IV)and in fire-resistance rated wall assemblies. Complies with requirements for use on combustible (Type V)construction. 2.Meets performance requirements of 2018 IRC Sections R703.9.1 and R703.9.2 3.Meets requirements of ICC AC 235 for EIFS clad drainage wall assembly 4.Listed as compliant with 2018 IBC and IRC in a current ICC-ES Evaluation Report 5.Textured finishes meet VOC emission standard of South Coast AQMD Rule 1113 for Architectural Coatings C.Joint Sealant for Use with EIFS 1.Conforms with ASTM C920:Type S,Grade NS,Use NT,A,M,Class 100/50 2.Meets Federal Specification TT-S-00230C Type II 3.Conforms with AAMA 808.3 (Type1)Exterior Perimeter Sealing 1.07 QUALITY ASSURANCE A.Manufacturer Requirements 1.Member in good standing of the EIFS Industry Members Association (EIMA)for over thirty (30)years 2.Air and water-resistive barrier and EIFS manufacturer for a minimum thirty (30)years 3.Manufacturing facilities in compliance with ISO 9001 Certified Quality System and ISO 14001 Certified Environmental Management System B.Contractor Requirements 1.Engaged in application of similar systems for a minimum of three (3)years 2.Knowledgeable in the proper use and handling of Sto materials 3.Employ skilled mechanics who are experienced and knowledgeable in air and water- resistive barrier and EIFS application,and familiar with the requirements of the specified work 4.Successful completion of minimum of three (3)projects of similar size and complexity compared to the specified project 5.Provide the proper equipment,manpower and supervision on the job site to install the system in compliance with Sto's published specifications and details and the project plans 07.24.19 - 4 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services and specifications C.Insulation Board Manufacturer Requirements 1.Expanded Polystyrene (EPS)insulation board listed by an approved agency and in compliance with the applicable building code 2.EPS board manufactured under Sto licensing agreement and EPS molder recognized by Sto as being capable of producing EPS insulation board to meet EIFS requirements D.Mock-up Testing 1.Construct full-scale mock-up of typical air and water-resistive barrier and EIFS/window wall assembly with specified tools and materials and test air leakage,water infiltration and structural performance in accordance with ASTM E283,ASTM E331 and ASTM E330, respectively,through independent laboratory. Mock-up shall comply with requirements of project specifications. Where mock-up is tested at job site maintain approved mock-up at site as reference standard. If tested off-site accurately record construction detailing and sequencing of approved mock-up for replication during construction. E.Inspections 1.Provide independent third-party inspection where required by code or contract documents 2.Conduct inspections in accordance with code requirements and contract documents 1.08 DELIVERY,STORAGE AND HANDLING A.Deliver all materials in their original sealed containers bearing manufacturer's name and identification of product B.Protect coatings (pail products)from freezing and temperatures in excess of 90F (32C). Store away from direct sunlight C.Protect portland cement-based materials (bag products)from moisture and humidity.Store under cover off the ground in a dry location D.Store gun-grade air barrier component at temperatures between 40 and 80F (4 and 26C), and protect from freezing,moisture,direct sunlight,and keep away from sources of ignition E.Insulation material is flammable. Keep away from flame or ignition sources,direct sun exposure,high heat,and temperatures in excess of 165°F (73.8C) 1.09 PROJECT/SITE CONDITIONS A.Maintain ambient and surface temperatures above 40F (4C)during application and drying period,minimum 24 hours after application of air and water-resistive barrier and EIFS products B.Provide supplementary heat for installation in temperatures less than 40F (4C) C.Provide protection of surrounding areas and adjacent surfaces from application of products 1.10 COORDINATION/SCHEDULING A.Provide site grading such that the EIFS terminates above grade a minimum of 6 inches (150 mm)or as required by code B.Provide roofing and protection at roof and floor levels to prevent excess water entry to the interior or into and behind the exterior wall during construction. C.Coordinate installation of foundation waterproofing,roofing membrane,windows,doors and other wall penetrations to provide a continuously connected air and water-resistive barrier D.Provide protection of rough openings before installing windows,doors,and other penetrations through the wall E.Install window and door head flashing immediately after windows and doors are installed 07.24.19 - 5 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services F.Install diverter flashings wherever water can enter the wall assembly to direct water to the exterior G.Install splices or tie-ins from air and water-resistive barrier over back leg of flashings,and similar details,to form a shingle lap that directs water to the exterior H.Install copings and sealant immediately after installation of the EIFS when coatings are dry,and such that,where sealant is applied against the EIFS surface,it is applied against the base coat or primed base coat surface I.Schedule work such that the air and water-resistive barrier is exposed to weather no longer than 180 days J.Attach penetrations through the EIFS to structural support and provide watertight seal at penetrations 1.11 WARRANTY A.Provide manufacturer's standard warranty 1.12 REFERENCE STANDARDS A.ASTM C578 -Standard Specification for Rigid,Cellular Polystyrene Thermal Insulation;2023. B.ASTM C920 -Standard Specification for Elastomeric Joint Sealants;2018. C.ASTM C1382 -Standard Test Method for Determining Tensile Adhesion Properties of Sealants when Used in Exterior Insulation and Finishing Systems (EIFS)Joints;2016 (Reapproved 2023). D.ASTM D3273 -Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber;2021. E.ASTM E84 -Standard Test Method for Surface Burning Characteristics of Building Materials; 2023d. F.ASTM E119 -Standard Test Methods for Fire Tests of Building Construction and Materials; 2022. G.ASTM E331 -Standard Test Method for Water Penetration of Exterior Windows,Skylights, Doors,and Curtain Walls by Uniform Static Air Pressure Difference;2000 (Reapproved 2023). H.ASTM E2178 -Standard Test Method for Determining Air Leakage Rate and Calculation of Air Permeance of Building Materials;2021a. I.ASTM E2273 -Standard Test Method for Determining the Drainage Efficiency of Exterior Insulation and Finish Systems (EIFS)Clad Wall Assemblies;2018. J.ASTM E2357 -Standard Test Method for Determining Air Leakage Rate of Air Barrier Assemblies;2024. K.ASTM E2568 -Standard Specification for PB Exterior Insulation and Finish Systems;2017a. L.ISO 9001 -Quality Management Systems —Requirements;2015,with Amendment (2024). M.ISO 14001 -Environmental Management Systems —Requirements with Guidance for Use; 2015. N.NFPA 268 -Standard Test Method for Determining Ignitability of Exterior Wall Assemblies Using a Radiant Heat Energy Source;2022. O.NFPA 285 -Standard Fire Test Method for Evaluation of Fire Propagation Characteristics of Exterior Wall Assemblies Containing Combustible Components;2023. 07.24.19 - 6 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 2 PRODUCTS 2.01 MANUFACTURERS A.Provide air and water-resistive barrier and EIFS cladding components from single source manufacturer or approved supplier B.The following are acceptable manufacturers: 1.Sto Corp.–Air and water-resistive barrier,EIFS Cladding,EIFS Accessories,EIFS Fireblocking a.Sto Corp.,3800 Camp Creek Parkway,Building 1400,Suite 120,Atlanta,GA 30331 1)Tel:800 221 2397,www.stocorp.com 2.EPS Insulation Board –Sto licensed EPS Board molder (contact Sto Corp.for a list of licensed molders) 2.02 AIR AND WATER-RESISTIVE BARRIER A.StoGuard Detail Components 1.Sheathing Joint Treatment,Rough Opening (RO)Protection,Counterflashing,and Penetrations: a.Sto Gold Coat,Sto AirSeal,or StoGuard VaporSeal:brush,spray or roller applied air and water-resistive barrier coating used with StoGuard Fabric reinforcement b.Sto RapidGuard:single component rapid drying gun-applied STPE detail component c.Sto Gold Fill:trowel applied detail component used with StoGuard Mesh,glass fiber self-stick reinforcing mesh d.StoGuard Conformable Membrane –self-adhered membrane flashing for use over prepared vertical above-grade concrete,concrete masonry,brick masonry,wood sheathing,glass mat gypsum sheathing,and cementitious sheathing 2.Static Joints and Seams a.Sto RapidGuard:single component rapid drying gun-applied treatment for static joint transitions to dissimilar construction (i.e.,masonry to frame wall),balcony floor slab- to-ceiling,and wall sheathing to foundation 3.Static and Dynamic Joints a.StoGuard Conformable Membrane:self-adhered membrane flashing for use over prepared vertical above-grade concrete,concrete masonry,brick masonry,wood sheathing,glass mat gypsum sheathing,and cementitious sheathing used to: 1)Seal joints and seams in wall sheathing 2)Seal static joints between dissimilar materials 3)Flash exterior wall openings and protect rough openings 4)Seal between window flange and wall sheathing 5)Connect to above grade foundation waterproofing 6)Connect to roof membrane 7)Seal around wall penetrations such as pipes,scuppers,vents 8)Back masonry wall ties 9)Seal dynamic joints in wall construction B.Air and Water-resistive Barrier Coating 1.Sto Gold Coat:ready mixed vapor permeable air and water-resistive barrier coating applied a.a. By substrate as follows: 1)Concrete:apply one coat at minimum 10 mils WFT 2.03 INSULATION ADHESIVE A.Sto one component polyurethane spray foam adhesive 07.24.19 - 7 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services B.Sto factory blended one-component polymer-modified portland cement based adhesive C.Sto factory blended latex additive for use with Type 1 portland cement 2.04 INSULATION BOARD A.Expanded Polystyrene Insulation Board 1.Sto EPS Insulation Board:nominal 1.0 lb/ft3 (16 kg/m3)Expanded Polystyrene (EPS)rigid foam plastic insulation board in compliance with ASTM E2430 and ASTM C578 Type I requirements,R-3.6 per inch (RSI –0.63 per 25mm),listed,labeled,and furnished in accordance with Section 1.7C. 2.05 BASE COAT A.Cementitious Base Coat 1.Sto factory blended one-component polymer modified portland cement base coats:Sto BTS Plus 2.06 REINFORCING MESHES A.Open weave glass fiber reinforcing meshes treated for compatibility with Sto materials 1.Sto Mesh –nominal 4.5 oz/yd2 (153 g/m2)for areas requiring standard impact resistance 2.Sto Armor Mat –nominal 15 oz/yd2 (509 g/m2)for areas requiring ultra-high impact resistance (recommended to a minimum height of 6 ft (1.8m)at ground floors and areas exposed to heavy pedestrian traffic) 3.Sto Detail Mesh –nominal 4.2 oz/yd2 (143 g/m2)for back wrapping,diagonal reinforcement at corners of openings,reveals,complex architectural features,and other areas of detail work 2.07 STRIKE DEFENSE A.StoArmat Classic Plus -cement-free high build acrylic-based plaster material used with Sto Mesh to form Sto Strike Defense 2.08 PRIMER A.Sto brush,roller,or spray-applied primer as dictated by substrate condition or finish selection 2.09 FINISH A.Sto trowel applied decorative and protective textured finish.Sto lit 1.0.Color to be determined by architect. 2.10 JOB MIXED INGREDIENTS A.Water –clean and potable B.Type I portland cement in compliance with ASTM C150 2.11 ACCESSORIES A.Sto-Mesh Corner Bead Standard –one component PVC (polyvinyl chloride)accessory with integral reinforcing mesh for outside corner reinforcement B.Sto Drip Edge Profile -one component PVC (polyvinyl chloride)accessory with integral reinforcing mesh that creates a drip edge and plaster return C.StoSeal®STPE Sealant -high-movement,low modulus,non-sag one-component silyl- terminated polyether joint sealant in compliance with ASTM C920 and tested in accordance with ASTM C1382 2.12 MIXING A.Refer to manufacturer’s applicable product bulletins for mixing of materials 07.24.19 - 8 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 3 EXECUTION 3.01 ACCEPTABLE INSTALLERS A.Prequalify under Quality Assurance requirements of this specification (Section 1.7B) 3.02 EXAMINATION A.Inspect concrete and masonry substrates prior to start of application for: 1.Contamination—algae,chalkiness,dirt,dust,efflorescence,form oil,fungus,grease, laitance,mildew,or other foreign substances 2.Surface absorption 3.Cracks—measure crack width and record location of cracks 4.Damage and deterioration such as voids,honeycombs and spalls 5.Moisture content and moisture damage—use a moisture meter to determine if the surface is dry enough to receive the products and record any areas of moisture damage 6.Compliance with specification tolerances—record areas that are out of tolerance (greater than ¼inch in 10 feet [6mm in 3 m]deviation in plane) B.Inspect sheathing application for compliance with applicable requirement and installation in conformance with specification and manufacturer requirements: 1.Glass Mat Faced gypsum sheathing compliant with ASTM C1177 –consult manufacturer 2.Exterior Grade and Exposure I wood based sheathing –APA Engineered Wood Association E 30 3.Cementitious sheathing –consult manufacturer 4.Attachment into structural supports with adjoining sheets abutted (gapped if wood-based sheathing)and fasteners at required spacing to resist design wind pressures as determined by design professional 5.Fasteners seated flush with sheathing surface and not over-driven C.Report deviations from the requirements of project specifications or other conditions that might adversely affect the air and water-resistive barrier or the EIFS installation to the General Contractor.Do not start work until deviations are corrected. 3.03 SURFACE PREPARATION A.Remove surface contaminants on concrete,concrete masonry,gypsum sheathing,or coated gypsum sheathing surfaces B.Repair cracks,spalls or damage in concrete and concrete masonry surfaces,and level concrete and masonry surfaces to comply with required tolerances C.Apply conditioner (consult Sto)by spray or roller to chalking or excessively absorptive surfaces or pressure wash to remove surface chalkiness D.Remove fasteners that are not anchored into supporting construction and seal holes with air and water-resistive barrier detail material E.Seal over-driven fasteners with Sto air and water-resistive barrier detail material and install additional fasteners as needed to comply with fastener spacing requirement F.Fill large gaps between sheathing or voids around pipe,conduit,scupper,and similar penetrations with spray foam and shave flush with surface (refer to Sto Details) G.Replace weather-damaged sheathing and repair or replace damaged or cracked sheathing 3.04 INSTALLATION A.Install manufacturer’s air and water-resistive barrier in conformance with manufacturer’s written instructions (refer to applicable Sto product bulletins and StoTherm ci Design Guide and Detail Booklets) 07.24.19 - 9 CSP 8692 Nelson +Morgan Architects,Inc.Exterior Insulation and Finish System HVAC Upgrades NMA 24006 City of Denton Fleet Services B.Install manufacturer’s EIFS cladding in conformance with manufacturer’s written instructions (refer to product bulletins,StoTherm EIFS:Installation Guide,and Sto Therm ci Design Guide and Detail Booklets) 3.05 PROTECTION A.Provide protection of installed materials from water infiltration into or behind them B.Provide protection of installed materials from dust,dirt,precipitation,freezing and continuous high humidity until they are fully dry 3.06 CLEANING,REPAIR AND MAINTENANCE A.Clean and maintain the EIFS for a fresh appearance and to prevent water entry into and behind the system. Repair cracks,impact damage,spalls or delamination promptly. B.Maintain adjacent components of construction such as sealants,windows,doors,and flashing, to prevent water entry into or behind the EIFS and anywhere into the wall assembly C.Refer to Sto reStore Repair and Maintenance Guide (reStore Program)for detailed information on restoration –cleaning,repairs,recoating,resurfacing and refinishing,or re-cladding END OF SECTION 07.24.19 This page intentionally left blank 07.62.00 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Sheet Metal Flashing and Trim HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 07.62.00 SHEET METAL FLASHING AND TRIM PART 1 GENERAL 1.01 SECTION INCLUDES A.Fabricated sheet metal items,including flashings,counterflashings,gutters,downspouts,and sheet metal roofing. B.Sealants for joints within sheet metal fabrications. 1.02 RELATED REQUIREMENTS 1.03 REFERENCE STANDARDS A.AAMA 611 -Voluntary Specification for Anodized Architectural Aluminum;2020. B.AAMA 2605 -Voluntary Specification,Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels (with Coil Coating Appendix);2022. C.ASTM A653/A653M -Standard Specification for Steel Sheet,Zinc-Coated (Galvanized)or Zinc- Iron Alloy-Coated (Galvannealed)by the Hot-Dip Process;2023. D.ASTM B32 -Standard Specification for Solder Metal;2020. E.ASTM B749 -Standard Specification for Lead and Lead Alloy Strip,Sheet,and Plate Products; 2020. F.ASTM C920 -Standard Specification for Elastomeric Joint Sealants;2018. G.CDA A4050 -Copper in Architecture -Handbook;current edition. H.SMACNA (ASMM)-Architectural Sheet Metal Manual;2012. 1.04 SUBMITTALS A.See Section 01.30.00 -Administrative Requirements for submittal procedures. B.Shop Drawings:Indicate material profile,jointing pattern,jointing details,fastening methods, flashings,terminations,and installation details &procedures for each flashing condition. 1.Note critical dimensions,gauge,and finish of sheet metal for each flashing condition. 2.Include major counterflashings,trim/fascia units,gutters,downspouts,scuppers, expansion joint systems,and related details.Layouts shall be at 1/4"scale,details at 3" scale.Submit every detail required for the project,even if it is to be installed exactly as shown in design drawings prepared by Consultant. C.Product Data;Flashing,Sheet Metal,Accessories:Submit manufacturer's product data, installation instructions and general recommendations for each specified sheet material and fabricated product. D.Samples:Submit twosamples,8 by 8 inchesin size,illustrating materialof typical standing seam. E.Samples:Submit twosamples,4 by 4 inchesin size,illustrating metal finish color. 1.05 WARRANTY A.Contractor's Warranty:Provide Owner a written warranty which shall warrant sheet metal work to be free of leaks and defects in materials and workmanship for 2 years after date of final acceptance.Refer to Sections 01740 and 01742. B. Manufacturer's Warranty:Provide written warranty by manufacturer which shall warrant the sheet metal finish and film integrity against color fading and chalking.Provide a twenty-year warranty on the color finish for Kynar 500 prefinished metals 07.62.00 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Sheet Metal Flashing and Trim HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.06 QUALITY ASSURANCE A.Perform work in accordance with SMACNA (ASMM)and CDA A4050 requirements and standard details,except as otherwise indicated. B.Fabricator and Installer Qualifications:Company specializing in sheet metal work with fiveyears ofdocumentedexperience. 1.07 DELIVERY,STORAGE,AND HANDLING A.See Section 01.74.19 -Construction Waste Management and Disposal for packaging waste requirements. B.Stack material to prevent twisting,bending,and abrasion,and to provide ventilation. Slope metal sheets to ensure drainage. C.Prevent contact with materials that could cause discoloration or staining. PART 2 PRODUCTS 2.01 MANUFACTURERS A.Sheet Metal Flashing and Trim: 1.Petersen Aluminum Corporation: www.pac-clad.com/#sle. 2.Berridge. 3.Citadel Architectural Products 4.ColorKlad 5.NCI Building Systems 6.Fabral Metal Wall and Roof Systems 7.Substitutions: See Section 01.60.00 -Product Requirements. 2.02 SHEET MATERIALS A.Pre-Finished Galvanized Steel: ASTM A653/A653M,with G90/Z275 zinc coating;minimum 24- gauge,0.0239-inch thick base metal,shop pre-coated with PVDF coating. 1.Polyvinylidene Fluoride (PVDF)Coating: Superior performing organic powder coating, AAMA 2605;multiple coat,thermally cured fluoropolymer finish system. 2.Color: As selected by Architect from manufacturer's standard colors. 2.03 FABRICATION A.Form sections true to shape,accurate in size,square,and free from distortion or defects. B.Form pieces in longest possible lengths. C.Hem exposed edges on underside 1/2 inch;miter and seam corners. D.Form material with flat lock seams,except where otherwise indicated;at moving joints,use sealed lapped,bayonet-type or interlocking hooked seams. E.Fabricate corners from one piece with minimum 18-inch long legs;seam for rigidity,seal with sealant. F.Fabricate vertical faces with bottom edge formed outward 1/2 inchand hemmed to form drip. G.Fabricate flashings to allow toe to extend 2 inches over roofing gravel. Return and brake edges. 2.04 FLASHING A.Flashing Panels for Exterior Wall Penetrations: Premanufactured components and accessories as required to preserve integrity of building envelope;suitable for conduits and facade materials to be installed. 2.05 ACCESSORIES A.Fasteners:Stainless steel,with soft neoprene washers. 07.62.00 - 3 CSP 8692 Nelson +Morgan Architects,Inc.Sheet Metal Flashing and Trim HVAC Upgrades NMA 24006 City of Denton Fleet Services B.Primer Type: Zinc chromate. C.Concealed Sealants: Non-curing butyl sealant. D.Exposed Sealants: ASTM C920;elastomeric sealant,with minimum movement capability as recommended by manufacturer for substrates to be sealed;color to match adjacent material. E.Fenestration Perimeter Flashing Attachments: Two-piece flashing receiver and clip of extruded aluminum,at least 0.045 inch thick,for attaching flashing at perimeter of exterior wall fenestration openings. 1.Provide flashing receiver profile appropriate for flashing applications. F.Solder: ASTM B32,Alloy Grade -Sn50 (50/50). PART 3 EXECUTION 3.01 EXAMINATION A.Verify roof openings,curbs,pipes,sleeves,ducts,and vents through roof are solidly set,reglets in place,and nailing strips located. B.Verify roofing termination and base flashings are in place,sealed,and secure. 3.02 PREPARATION A.Install starter and edge strips,and cleats before starting installation. B.Back paint concealed metal surfaces with protective backing paint to a minimum dry film thickness of 15 mil,0.015 inch. 3.03 INSTALLATION A.Comply with drawing details. B.Secure flashings in place using concealed fasteners,and use exposed fasteners only where permitted.. C.Apply plastic cement compound between metal flashings and felt flashings. D.Fit flashings tight in place;make corners square,surfaces true and straight in planes,and lines accurate to profiles. E.Exterior Flashing Receivers: Install in accordance with manufacturer's recommendations,and in proper relationship with adjacent construction,and as follows: 1.Secure receiver at perimeter of wall opening with adhesives or fasteners. 2.Place flashing into receiver channel. 3.Secure flashing with receiver clip. F.Solder metal joints for full metal surface contact,and after soldering wash metal clean with neutralizing solution and rinse with water. 3.04 FIELD QUALITY CONTROL A.See Section 01.40.00 -Quality Requirements for field inspection requirements. B.Inspection will involve surveillance of work during installation to ascertain compliance with specified requirements. 3.05 CLEANING A.Leave work clean and free of stains,scrap and debris. B.Clean exposed metal surfaces,removing substances which might cause corrosion of metal or deterioration of finishes. 07.62.00 - 4 CSP 8692 Nelson +Morgan Architects,Inc.Sheet Metal Flashing and Trim HVAC Upgrades NMA 24006 City of Denton Fleet Services C.Protection:Installer shall advise Contractor of required procedures for surveillance and protection of flashings and sheet metal work during construction,to ensure that Work will be without damage or deterioration,other than natural weathering,at time of substantial completion. END OF SECTION 07.62.00 07.71.00 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Roof Specialties HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 07.71.00 ROOF SPECIALTIES PART 1 GENERAL 1.01 SECTION INCLUDES A.Manufactured roof specialties,including copings,fascias,and gravel stops. 1.02 REFERENCE STANDARDS A.AAMA 2605 -Voluntary Specification,Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels (with Coil Coating Appendix);2022. B.ANSI/SPRI/FM 4435/ES-1 -Test Standard for Edge Systems Used with Low Slope Roofing Systems;2022. C.NRCA (RM)-The NRCA Roofing Manual;2024. 1.03 SUBMITTALS A.See Section 01.30.00 -Administrative Requirements for submittal procedures. B.Product Data: Provide data on shape of components,materials and finishes,anchor types and locations. PART 2 PRODUCTS 2.01 COMPONENTS A.Roof Edge Flashings: Factory fabricated to sizes required;corners mitered;concealed fasteners. 1.Configuration: Fascia,cant,and edge securement for roof membrane. 2.Pull-Off Resistance: Tested in accordance with ANSI/SPRI/FM 4435/ES-1 using test methods RE-1 and RE-2 to positive and negative design wind pressure as defined by applicable local building code. 3.Exposed Face Height: As indicated on drawings. 4.Material: Formed steel sheet,galvanized,24 gauge,0.024 inch thick,minimum. B.Copings: Factory fabricated to sizes required;corners mitered;concealed fasteners. 1.Configuration: Concealed continuous hold down cleat at both legs;internal splice piece at joints of same material,thickness,and finish as cap;concealed stainless steel fasteners. 2.Pull-Off Resistance: Tested in accordance with ANSI/SPRI/FM 4435/ES-1 using test method RE-3 to positive and negative design wind pressure as defined by applicable local building code. 3.Wall Width: As indicated on drawings. 4.Outside Face Height: As indicated on drawings. 5.Inside Face Height: As indicated on drawings. 6.Material: Formed steel sheet,galvanized,24 gauge,0.024 inch thick,minimum. 7.Finish: 70 percent polyvinylidene fluoride. 8.Color: As selected by Architect from manufacturer's standard range. 2.02 FINISHES A.PVDF (Polyvinylidene Fluoride)Coating: Superior Performance Organic Finish,AAMA 2605; multiple coat,thermally cured fluoropolymer finish system;color as indicated. 2.03 ACCESSORIES A.Sealant for Joints in Linear Components: As recommended by component manufacturer. B.Adhesive for Anchoring to Roof Membrane: Compatible with roof membrane and approved by roof membrane manufacturer. 07.71.00 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Roof Specialties HVAC Upgrades NMA 24006 City of Denton Fleet Services C.Insulation Board Adhesive: Two-component,low-rise polyurethane foam adhesive used for adhering insulation to low slope roof deck materials. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that deck,curbs,roof membrane,base flashing,and other items affecting work of this Section are in place and positioned correctly. 3.02 INSTALLATION A.Install components in accordance with manufacturer's instructions and NRCA (RM)applicable requirements. B.Seal joints within components when required by component manufacturer. C.Anchor components securely. D.Coordinate installation of components of this section with installation of roofing membrane and base flashings. E.Coordinate installation of sealants and roofing cement with work of this section to ensure water tightness. END OF SECTION 07.71.00 07.92.00 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Sealants HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 07.92.00 SEALANTS PART 1 GENERAL 1.01 DESCRIPTION A.Scope: This work comprises the sealing and caulking of joints. 1.02 SUBMITTALS A.Samples: Submit samples of all proposed sealant to the Architect for review and color selection. B.Submit product data indicating sealant chemical characteristics,performance criteria, limitations,and color availability and application instruction. C.Construct one filed sample joint,5 feet long,illustrating sealant type,color,and tooled surface. 1.03 JOB CONDITIONS A.Environmental Requirements: No caulking shall be done at temperatures below 40 degrees Fahrenheit. 1.04 GUARANTEE A.Furnish to the Owner a written guarantee that the caulking shall remain watertight for a period of 2 years from the date of acceptance of the building.Joints,which prove defective by leaking, cracking,melting or shrinking of the sealant shall be re-sealed without additional expense to the Owner. PART 2 PRODUCTS 2.01 MATERIALS A.Silicone-Sanitary:(Designation S-GP).Permapol P.C.sealant or approved equal,Federal Spec.Number TT-S-00230C Type II,Class A. Provide and install at window frames. B.Urethane -Multi-component.(Designation U-MC)Tremco Dymeric 511,Sonolastic NP-2, Pecora Dynatrol II or approved equal. ASTM C 920,Type M,grade NS,Class 25. Color as selected by Architect. C.Urethane -Single component (Designation U-SC);Tremco Dymonic,Sonneborn Sonolastic NP-1 or approved equal. ASTM C 920,Type S,grade NS,Class 25. Color as selected by Architect. D.Silicone-Sanitary;(Designation S-S)786 Mildew Resistant Silicone Sealant,Dow Corning or approved equal. E.Urethane –Traffic Bearing:(Designation U-TB)Type M,Grade P or NS,Sonneborn SL 2 Sealant or approved equal. F.Acrylic Latex:(Designation AL.);Pecora AC-20 or approved equal.Non-sag;non staining;non- bleeding. Color as selected by Architect. G.Primer: Synthetic resin solution recommended by the sealant manufacturer. H.Backing Material: Expanded,closed-cell neoprene,polyurethane or polyethylene rod stock. PART 3 EXECUTION 3.01 PREPARATION A.Clean out joints to be caulked. Remove loose mortar and other material completely by compressed air or brushing.Joint surfaces shall be clean and dry. 1.Joints to be caulked shall be at least l/4 inch wide. At any points where the width of joint is appreciably less,cut or grind out the joint to that width to assure an adequate volume of sealant along the length of the joint. 07.92.00 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Sealants HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.Pack with backing material the voids and recesses around metal frames which are deeper than the depth required for caulking. Leave the proper depth for the sealant. 3.In open joints and where detailed,install rod stock as backup for the caulking. Roll the material into the joints to avoid stretching. The natural thickness of the rod stock shall be approximately twice the thickness of the joint in which it is installed. 4.Elsewhere as may be required,apply a bond-breaker strip of polyethylene or masking tape along the bottom of the joints. 5.Particular attention shall be paid to the preparation of the horizontal joints in concrete, which are to be filled with sealant. Adjust joint depth to comply with sealant manufacturer's recommendations by malleting down the joint filler or filling in with rod stock as may be required. 6.Where sealant is to be applied against smooth metal surfaces,wipe these surfaces clean with a suitable ketone solvent immediately prior to caulking. 3.02 APPLICATION A.make sure that it causes no undue staining or discoloring of the material on which it is applied. B.less than l/4"deep. Follow the sealant manufacturer's recommendations where possible. 1.Caulking:Apply the sealant in accordance with the manufacturer's instructions.Application shall be by the method best suited to the job conditions. 2.Force the sealant into the joints with enough pressure to expel all air and provide a solid filling. Correct any flowing or sagging before final inspection is made. 3.Where adjacent surfaces permit,use masking tape to obtain straight,even lines.Remove the tape immediately after the joints have been sealed. 4.Fill joints flush with adjacent surfaces except where a recessed joint is specifically detailed.Tool beads with a sled runner or similar tool,using clean water as a tooling agent,to insure firm,full contact with joint faces. 3.03 CLEANING A.Clean adjacent surfaces of sealant and other soiling due to caulking operations.The Contractor shall be responsible for and shall bear the cost of replacing any material damaged or discolored due to caulking or the cleaning of excess caulking materials. 3.04 CAULKING SCHEDULE A.Exterior locations: 1.Wall joints: a.Bordered on both sides by porous building material (concrete,stone,masonry, exterior insulation,and finish systems,etc.)Designation U-MC. b.Bordered on both sides by non-porous building material (coated and uncoated metals,anodized aluminum,porcelain tile and glass);Designation S-GP. c.Bordered on one side by porous building material (concrete,stone,uncoated metals, anodized aluminum,and glass);Designation U-MC 2.Perimeter of penetrations through walls:Designation U-MC 3.Expansion joints in ceilings,soffits,and overhead surfaces: Designation U-MC. 4.Wall and ceiling joints between frames and their rough opening: Designation U-MC. 5.Control joints and perimeter of penetrations in ceiling soffits and overhead surfaces; Designation U-MC. 6.Wall and ceiling joints between frames and adjoining surfaces: Designation U-MC. 7.Joints and perimeter of penetration in horizontal pedestrian and vehicle traffic surfaces: Designation U-TB B.Interior locations: 1.Wall and ceiling joints subject to movement: Designation U-MC. 2.Interior side of exterior openings: U-MC. 07.92.00 - 3 CSP 8692 Nelson +Morgan Architects,Inc.Sealants HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.Floor joints:Designation U-TB 4.Wall and ceiling joints between frames and their rough opening: Designation AL 5.Wall and ceiling joints between frames and adjoining surfaces: Designation AL. 6.Interior Sanitary joints: Joints between plumbing fixtures and adjoining floor,wall and ceiling surfaces;and areas subject to frequent wet cleaning,including joints between walls and floors,joints between back splashes and wall substrates: Designation S-S. 7.Thresholds: Set all thresholds in a full bed of caulk:Designation U-SC. 8.Metal Stud tracks:set all perimeter channel tracks in a full bed of caulk. Designation U- SC END OF SECTION 07.92.00 This page intentionally left blank 08.33.23 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Overhead Coiling Doors HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 08.33.23 OVERHEAD COILING DOORS PART 1 GENERAL 1.01 SECTION INCLUDES A.Fire-rated coiling doors. 1.02 RELATED REQUIREMENTS A.Section 07.92.00 -Joint Sealants: Sealing joints between frames and adjacent construction. B.Section 08.71.00 -Door Hardware: Cylinder cores and keys. 1.03 REFERENCE STANDARDS A.ITS (DIR)-Directory of Listed Products;Current Edition. B.UL (DIR)-Online Certifications Directory;Current Edition. 1.04 QUALITY ASSURANCE A.Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years of documented experience. B.Installer Qualifications: Company specializing in performing work of type specified and with at least three years documented experience. C.Products Requiring Electrical Connection: Listed and classified by ITS (DIR),UL (DIR),or testing firm acceptable to authorities having jurisdiction as suitable for purpose specified and indicated. 1.05 WARRANTY A.See Section 01.78.00 -Closeout Submittals for additional warranty requirements. PART 2 PRODUCTS 2.01 MANUFACTURERS A.Overhead Coiling Metal Doors: 1.Overhead Door Corporation;Model 625 Stormtite Insulated Rolling Service Door: www.overheaddoor.com/#sle. 2.02 COILING DOORS 2.03 MATERIALS A.Metal Curtain Construction: Interlocking slats. 1.Slat Ends: Alternate slats fitted with end locks to act as wearing surface in guides and to prevent lateral movement. 2.Curtain Bottom for Slat Curtains: Fitted with angles to provide reinforcement and positive contact in closed position. 3.Weatherstripping for Exterior Doors: Moisture and rot proof,resilient type,located at jamb edges,bottom of curtain,and where curtain enters hood enclosure of exterior doors. B.Guide Construction: Continuous,of profile to retain door in place with snap-on trim,mounting brackets of same metal. C.Lock Hardware: 1.Latchset Lock Cylinders: Standard mortise cylinder. a.Keying: Differently. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that adjacent construction is suitable for door installation. 08.33.23 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Overhead Coiling Doors HVAC Upgrades NMA 24006 City of Denton Fleet Services B.Verify that electrical services have been installed and are accessible. C.Verify that door opening is plumb,header is level,and dimensions are correct. D.Notify Architect of any unacceptable conditions or varying dimensions. E.Commencement of installation indicates acceptance of substrate and door opening conditions. 3.02 INSTALLATION A.Install units in accordance with manufacturer's instructions. B.Use anchorage devices to securely fasten assembly to wall construction and building framing without distortion or stress. C.Securely and rigidly brace components suspended from structure.Secure guides to structural members only. D.Fit and align assembly including hardware;level and plumb,to provide smooth operation. 3.03 TOLERANCES A.Maintain dimensional tolerances and alignment with adjacent work. B.Maximum Variation From Plumb: 1/16 inch. C.Maximum Variation From Level: 1/16 inch. D.Longitudinal or Diagonal Warp: Plus or minus 1/8 inch per 10 feet straight edge. 3.04 ADJUSTING A.Adjust operating assemblies for smooth and noiseless operation. 3.05 CLEANING A.Clean installed components. B.Remove labels and visible markings. END OF SECTION 08.33.23 09.25.13 - 1 CSP 8692 Nelson +Morgan Architects,Inc.Acrylic Plaster Finish HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 09.25.13 ACRYLIC PLASTER FINISH PART 1 GENERAL 1.01 SUMMARY A.Provide finish for vertical above grade exterior concrete and concrete masonry wall surfaces. 1.02 SUBMITTALS A.Product Data:Submit manufacturer's product data and installation instructions for each material and product used.Include manufacturer's Safety Data Sheets. 1.03 REFERENCES A.ASTM Standards 1.C920,Standard Specification for Elastomeric Joint Sealants 2.E84,Standard Test Method for Surface Burning Characteristics of Building Materials B.South Coast Air Quality Management District (South Coast AQMD) 1.Rule 1113,Architectural Coatings 1.04 QUALITY ASSURANCE A.Manufacturer's Qualifications:The finish manufacturer shall be a company with at least thirty five years of experience in manufacturing acrylic plaster and specialty finishes and regularly engaged in the manufacture and marketing of products specified herein.The manufacturer shall have a current ISO 9001 certified quality system and ISO 14001 certified environmental management system. B.Installer's Qualifications:The contractor shall be qualified to perform the work specified by reason of experience.Contractor shall have at least 5 years of experience in acrylic plaster or specialty finish application,and shall have completed at least 3 projects of similar size and complexity.Contractor shall provide proof before commencement of work that he/she will maintain and supervise a qualified crew of applicators through the duration of the work.When requested Contractor shall provide a list of the last three comparable jobs including the name, location,and start and finish dates for the work. C.Mock-ups:The contractor shall install a mock-up of the finished wall for evaluation and approval by the design professional,building owner,or owner’s representative/quality assurance agent. D.Testing:Testing shall be conducted as directed by the design professional,building owner,or owner’s representative/quality assurance agent to verify wall assembly performance,and to verify adhesion to prepared substrates before and during construction.Where substrate is too dense or non-absorbent for adhesion,or where a bond inhibiting material is on the surface,or in any case where adhesion is in question,install portland cement plaster over metal lath or other appropriate plaster base as directed by design professional,owner,or owner’s representative/quality assurance agent. 1.05 DELIVERY,STORAGE AND HANDLING A.Deliver products in original packaging,labeled with product identification,manufacturer,and batch number. B.Store products in a dry area with temperature maintained between 50 and 85 degrees F (10 and 29 degrees C).Protect from direct sunlight.Protect from freezing.Protect from extreme heat (>90 degrees F [32 degrees C]). C.Handle products in accordance with manufacturer's printed instructions. 1.06 WARRANTY A.Provide manufacturer’s standard limited warranty. 09.25.13 - 2 CSP 8692 Nelson +Morgan Architects,Inc.Acrylic Plaster Finish HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.07 REFERENCE STANDARDS A.ASTM C920 -Standard Specification for Elastomeric Joint Sealants;2018. B.ASTM E84 -Standard Test Method for Surface Burning Characteristics of Building Materials; 2023d. C.ISO 9001 -Quality Management Systems —Requirements;2015,with Amendment (2024). D.ISO 14001 -Environmental Management Systems —Requirements with Guidance for Use; 2015. PART 2 PRODUCTS 2.01 MATERIALS A.Finishes,primers,adhesives,stains,levelers,and any other associated materials used with the finish shall be Class A building materials based on testing in accordance with ASTM E84. VOC (Volatile Organic Content)shall be less than 50g/L and shall comply with South Coast AQMD Rule 1113 requirements B.Substrate Leveler or Skim Coat 1.Sto Leveler and Skim Coat -factory blended polymer modified dry powder base coat mixed with potable water for leveling and smoothing wall surfaces up to ¼inch (6mm)in one coat or 1/2 inch (13mm)in two coats C.Waterproof Base Coat 1.Sto Watertight Coat –two component acrylic additive with pre-proportioned portland cement,(for leveling and waterproofing up to 1/16 inch [1.6 mm]in one pass with Sto Mesh) D.Primer 1.StoPrime®Block Surfacer HP –acrylic-based high build block filler and primer for fully cured (minimum 28 day old or pH less than 10)concrete and concrete masonry substrates E.Accessories 1.StoSeal STPE Sealant -high-movement,low modulus,non-sag one-component silyl- terminated polyether joint sealant in compliance with ASTM C920 2.02 PERFORMANCE REQUIREMENTS 1.Waterproofing,primers,and applicable finish components:ASTM E84,flame Spread less than 25,smoke developed less than 75,Class A building material 2.Waterproofing,primers,and applicable finish components:South Coast AQMD Rule 1113, Volatile Organic Content (VOC),comply with applicable requirement of coating category PART 3 EXECUTION 3.01 INSTALLATION A.All substrates shall be leveled and true to a tolerance of not more than 1/8 inch in 10 ft (3mm in 3 m)except when determined otherwise on the basis of an approved mock-up. B.Surface Preparation 1.Concrete:Concrete must be free of surface contamination such as grease,oil,wax,dust, dirt,salts,algae,mildew,pollen or any other surface contamination that could inhibit adhesion.Surface must be absorbent,slightly pitted or scarified and must be fully cured and free of voids,cracks,weak surface conditions such as laitance,and any other surface defects. 2.Concrete Masonry:Concrete masonry must be free of surface contamination such as grease,oil,wax,dust,dirt,salts,algae,mildew,pollen or any other surface contamination that could inhibit adhesion.Surface must be fully cured and free of cracks,weak surface conditions such as laitance,and any other surface defects. 09.25.13 - 3 CSP 8692 Nelson +Morgan Architects,Inc.Acrylic Plaster Finish HVAC Upgrades NMA 24006 City of Denton Fleet Services C.Mixing 1.Mix Sto products in accordance with published literature.Refer to applicable Product Bulletins for specific information on use,handling,application,precautions,and limitations of specific products D.Application 1.Apply the selected Sto base coat product in one or two coats in accordance with published literature to level and smooth the prepared wall surface 2.Note:Sto Crack Defense is optional and can be used as one of the leveling coats to level and smooth the wall surface 3.Crack Defense Reinforcement Layer:Install nominal 1/8 inch (3 mm)base coat by trowel to the wall surface.Work horizontally or vertically in strips of 40 inches (1016 mm),and immediately embed the reinforcing mesh into the wet base coat by troweling from the center to the edges of the mesh.Overlap mesh not less than 2-½inches (64 mm)at mesh seams and feather at seams.Double wrap all inside and outside corners with minimum 6- inch (152 mm)overlap in each direction.Avoid wrinkles in the mesh.The mesh must be fully embedded so that no mesh color shows through.Re-skim with additional base coat if mesh color is visible.Allow base coat to dry before applying primer. 4.Note:priming is generally recommended for best results when installing Sto Textured Finishes. Priming is required for Sto Specialty finishes. Select one primer as applicable. 5.Apply appropriate primer by brush,roller,or spray to the base coat. 6.When the primer application is dry apply the Sto finish a.Sto Textured Finish Installation:Refer to applicable Product Bulletin b.Sto Specialty Finish Installation:Refer to applicable Product Bulletin c.Signature Finish Installation:Refer to applicable Sto Signature Finish Application Guide d.StoCast Finish Installation:Refer to applicable StoCast Product Bulletin and Application Guide 7.Do not install base coat,reinforcing mesh,primer,or finish coat over joint sealants,cold joints,control joints,or accessories.Install over the prepared leveled substrate only. E.Protection 1.Provide protection of installed materials from water infiltration into or behind them during and after construction. 2.Provide protection of installed materials from dust,dirt,precipitation,freezing and continuous high humidity until they are fully dry. 3.Provide coping and/or flashing at sills,projecting features,deck attachments,roof/wall intersections,parapets and similar construction details to prevent water entry into the wall assembly or into and behind the finish.Seal penetrations through the finished wall surface with backer rod and sealant or other appropriate means to provide a watertight condition. END OF SECTION 09.25.13 This page intentionally left blank 09.90.00 - 1 CSP 8692 Nelson +Morgan Architects,Inc. Painting and Coating -Commercial Facility Guide Specification - Sherwin-Williams HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 09.90.00 PAINTING AND COATING -COMMERCIAL FACILITY GUIDE SPECIFICATION -SHERWIN- WILLIAMS PART 1 GENERAL 1.01 SECTION INCLUDES A.Surface preparation. B.Interior painting and coating systems. C.Exterior painting and coating systems. D.Scope: 1.Finish surfaces exposed to view,unless fully factory-finished and unless otherwise indicated,including the following: a.Exterior: 1)Metal: Aluminum,galvanized. 2)Metal,Miscellaneous: Iron,ornamental iron,structural iron and steel,ferrous metal. 3)Drywall: Gypsum board and exterior drywall. b.Interior: 1)Masonry CMU: Concrete,split face,scored,smooth,high density,low density, and fluted. 2)Metal: Aluminum and galvanized. 3)Metal: Structural steel columns,joists,trusses,beams,miscellaneous and ornamental iron,structural iron,and ferrous metal. 4)Drywall: Walls,ceilings,gypsum board,and similar items. 1.02 RELATED REQUIREMENTS A.Section 09.96.00 -High-Performance Coatings. 1.03 REFERENCE STANDARDS A.40 CFR 59,Subpart D -National Volatile Organic Compound Emission Standards for Architectural Coatings;U.S.Environmental Protection Agency;Current Edition. B.SSPC-SP 1 -Solvent Cleaning;2015,with Editorial Revision (2016). C.SSPC-SP 6/NACE No.3 -Commercial Blast Cleaning;2006. 1.04 SUBMITTALS A.See Section 01.30.00 -Administrative Requirements for submittal procedures. B.Product Data: Provide complete list of products to be used,with the following information for each: 1.Product characteristics. 2.Surface preparation instructions and recommendations. 3.Primer requirements and finish specification. 4.Storage and handling requirements and recommendations. 5.Application methods. 6.Clean-up information. C.Samples: Submit four paper draw down samples,8-1/2 by 11 inches in size,illustrating range of colors available for each finishing product specified. D.Certification: By manufacturer that paints and finishes comply with VOC limits specified. 09.90.00 - 2 CSP 8692 Nelson +Morgan Architects,Inc. Painting and Coating -Commercial Facility Guide Specification - Sherwin-Williams HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.05 QUALITY ASSURANCE A.Applicator Qualifications: Company specializing in performing the type of work specified with minimum 3 years experience and approved by manufacturer. B.Product Labels: Include manufacturer's name,type of paint,stock number,color and label analysis on label of containers. 1.06 MOCK-UPS A.See Section 01.40.00 -Quality Requirements for general requirements for mock-ups. B.Provide one accent wall as directed by Architect to demonstrate color and finish. C.Locate where directed by Architect. D.Mock-up may remain as part of the work. 1.07 DELIVERY,STORAGE,AND HANDLING A.Deliver products to site in sealed and labeled containers;inspect to verify acceptability. B.Container Label: Include manufacturer's name,type of paint,product name,product code, color designation,VOC content,batch date,environmental handling,surface preparation, application,and use instructions. C.Paint Materials: Store at a minimum of 45 degrees F and a maximum of 90 degrees F,in ventilated area,and as required by manufacturer's instructions. D.Handling: Maintain a clean,dry storage area to prevent contamination or damage to materials. 1.08 FIELD CONDITIONS A.Do not apply materials when environmental conditions are outside the ranges required by manufacturer. B.Follow manufacturer's recommended procedures for producing the best results,including testing of substrates,moisture in substrates,and humidity and temperature limitations. PART 2 PRODUCTS 2.01 MANUFACTURERS A.Basis of Design Products: Subject to compliance with requirements,provide Sherwin-Williams Company (The)products indicated;www.sherwin-williams.com/#sle. B.Comparable Products: Products of approved manufacturers will be considered in accordance with 01.60.00 -Product Requirements,and the following: 1.Other Acceptable Manufacturers: a.PPG Paints. 2.02 PAINTINGS AND COATINGS A.General: 1.Provide factory-mixed coatings unless otherwise indicated. 2.Do not reduce,thin,or dilute coatings or add materials to coatings unless specifically indicated in manufacturer's instructions. B.Accessory Materials: Provide primers,sealers,cleaning agents,cleaning cloths,sanding materials,and clean-up materials as required for final completion of painted surfaces. 2.03 PAINT SYSTEMS -EXTERIOR A.Metal,Miscellaneous: Iron,ornamental iron,structural iron and steel,ferrous metal. 1.Alkyd Systems,Water Based: 09.90.00 - 3 CSP 8692 Nelson +Morgan Architects,Inc. Painting and Coating -Commercial Facility Guide Specification - Sherwin-Williams HVAC Upgrades NMA 24006 City of Denton Fleet Services a.Egg Shell Finish: 1)1st Coat: Sherwin-Williams Pro Industrial Pro-Cryl Universal Primer,B66-1310 Series: www.sherwin-williams.com/#sle. (a)5 mils wet,2 mils dry per coat. 2)2nd and 3rd Coat: Sherwin-Williams Pro Industrial Water Based Alkyd Urethane Enamel Low Sheen,B53-1250 Series: www.sherwin-williams.com/#sle. (a)4 to 5 mils wet,1.4 to 1.7 mils dry per coat. 2.04 PAINT SYSTEMS -INTERIOR A.Masonry CMU: Concrete,split face,scored,smooth,high density,low density,and fluted. 1.Latex Systems: a.Semi-Gloss Finish: 1)1st Coat: Sherwin-Williams PrepRite Block Filler,B25W25: www.sherwin- williams.com/#sle. (a)75 to 125 sq ft/gal. 2)2nd and 3rd Coat: Sherwin-Williams ProMar 200 Zero VOC Latex Semi-Gloss, B31-2600 Series: www.sherwin-williams.com/#sle. (a)4 mils wet,1.5 mils dry per coat. b.Semi-Gloss Finish High Performance (HP): 1)1st Coat: Sherwin-Williams PrepRite Block Filler,B25W25: www.sherwin- williams.com/#sle. 2)2nd and 3rd Coat: Sherwin-Williams ProMar 200 HP Zero VOC Latex Semi- Gloss,B31-1950 Series: www.sherwin-williams.com/#sle. B.Metal: Structural steel columns,joists,trusses,beams,miscellaneous and ornamental iron, structural iron,and ferrous metal. 1.Latex Systems: a.Semi-Gloss High Performance: 1)1st Coat: Sherwin-Williams Pro Industrial Pro-Cryl Universal Primer,B66-1310 Series: www.sherwin-williams.com/#sle. 2)2nd and 3rd Coat: Sherwin-Williams Pro Industrial Acrylic Semi-Gloss,B66-650 Series: www.sherwin-williams.com/#sle. 2.Alkyd Systems,Water Based: a.Low Sheen Finish:Egg Shell 1)1st Coat: Sherwin-Williams Pro Industrial Pro-Cryl Universal Primer,B66-1310 Series: www.sherwin-williams.com/#sle. 2)2nd and 3rd Coat: Sherwin-Williams Pro Industrial Water Based Alkyd Urethane Enamel Low Sheen,B53-1250 Series: www.sherwin-williams.com/#sle. 3.Epoxy Systems,Water Based: a.Eg-Shel/Low Luster Finish: 1)1st Coat: Sherwin-Williams Pro Industrial Pro-Cryl Universal Primer,B66-1310 Series: www.sherwin-williams.com/#sle. 2)2nd and 3rd Coat: Sherwin-Williams Pro Industrial Pre-Catalyzed Waterbased Epoxy,K45 Series: www.sherwin-williams.com/#sle. C.Drywall: Walls,ceilings,gypsum board,and similar items. 1.Latex Systems: a.Eg-Shel Finish: 1)1st Coat: Sherwin-Williams ProMar 200 Zero VOC Interior Latex Primer, B28W2600: www.sherwin-williams.com/#sle. 09.90.00 - 4 CSP 8692 Nelson +Morgan Architects,Inc. Painting and Coating -Commercial Facility Guide Specification - Sherwin-Williams HVAC Upgrades NMA 24006 City of Denton Fleet Services 2)2nd and 3rd Coat: Sherwin-Williams ProMar 200 Zero VOC Eg-Shel,B20-2600 Series: www.sherwin-williams.com/#sle. PART 3 EXECUTION 3.01 EXAMINATION A.Verify that surfaces are ready to receive work as instructed by the product manufacturer. B.Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially effect proper application. C.Test shop-applied primer for compatibility with subsequent cover materials. 3.02 PREPARATION A.Clean surfaces thoroughly and correct defects prior to application. B.Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. C.Remove mildew from impervious surfaces by scrubbing with solution of water and bleach. Rinse with clean water and allow surface to dry. D.Masonry: Remove efflorescence and chalk. E.Gypsum Board: Fill minor defects with filler compound;sand smooth and remove dust prior to painting. F.Ferrous Metal: 1.Solvent clean according to SSPC-SP 1. 2.Shop-Primed Surfaces: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Prime bare steel surfaces. 3.Remove rust,loose mill scale,and other foreign substances using methods recommended by paint manufacturer and blast cleaning in accordance with SSPC-SP 6/NACE No.3. Protect from corrosion until coated. 3.03 APPLICATION A.Remove unfinished louvers,grilles,covers,and access panels on mechanical and electrical components and paint separately. B.Apply products in accordance with manufacturer's written instructions. C.Apply coatings at spread rate required to achieve manufacturer's recommended dry film thickness. D.Regardless of number of coats specified,apply additional coats until complete hide is achieved. 3.04 PRIMING A.Apply primer to all surfaces unless specifically not required by coating manufacturer. Apply in accordance with coating manufacturer's instructions. B.Primers specified in painting schedules may be omitted on items that are factory primed or factory finished if acceptable to top coat manufacturers. 3.05 CLEANING A.Collect waste material that could constitute a fire hazard,place in closed metal containers,and remove daily from site. B.Clean surfaces immediately of overspray,splatter,and excess material. C.After coating has cured,clean and replace finish hardware,fixtures,and fittings previously removed. 09.90.00 - 5 CSP 8692 Nelson +Morgan Architects,Inc. Painting and Coating -Commercial Facility Guide Specification - Sherwin-Williams HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.06 PROTECTION A.Protect finished coatings from damage until completion of project. B.Touch-up damaged finishes after Substantial Completion. END OF SECTION 09.90.00 This page intentionally left blank 09.96.00 - 1 CSP 8692 Nelson +Morgan Architects,Inc.High-Performance Coatings HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 09.96.00 HIGH-PERFORMANCE COATINGS PART 1 GENERAL 1.01 SECTION INCLUDES A.High performance coatings. B.Surface preparation. 1.02 REFERENCE STANDARDS A.40 CFR 59,Subpart D -National Volatile Organic Compound Emission Standards for Architectural Coatings;U.S.Environmental Protection Agency;Current Edition. B.MPI (APL)-Master Painters Institute Approved Products List;Master Painters and Decorators Association;Current Edition. C.MPI (APSM)-Master Painters Institute Architectural Painting Specification Manual;Current Edition. D.SCAQMD 1113 -Architectural Coatings;1977,with Amendment (2016). E.SSPC-PA 1 -Shop,Field,and Maintenance Coating of Metals;2024. F.SSPC-SP 1 -Solvent Cleaning;2015,with Editorial Revision (2016). G.SSPC-SP 2 -Hand Tool Cleaning;2018. H.SSPC-SP 3 -Power Tool Cleaning;2018. I.SSPC-SP 6/NACE No.3 -Commercial Blast Cleaning;2006. J.SSPC-SP 11 -Power-Tool Cleaning to Bare Metal;2020. 1.03 SUBMITTALS A.See Section 01.30.00 -Administrative Requirements for submittal procedures. B.Product Data: Provide complete list of all products to be used,with the following information for each: 1.Manufacturer's name,product name and/or catalog number,and general product category (e.g."alkyd enamel"). 2.MPI product number (e.g.MPI #47). 3.Cross-reference to specified coating system(s)product is to be used in;include description of each system. C.Samples for Verificaiton:Submit two samples 8 by 8 inch in size illustrating colors for selection. For each color and material to be applied,with texture to simulate actual conditions,on representative samples of the actual substrate. 1.Provide stepped Samples defining each separate coat,including block fillers and primers. 2.Use representative colors when preparing Samples for review.Resubmit until required sheen,color,and texture are achieved. 3.List of material and application for each coat of each sample.Label each sample for location and application. 4.Submit samples on the following substrates for Architect's review of color and texture: a.Ferrous and Nonferrous Metal:Provide two 4-inch-(100-mm-)square samples of flat metal and two 8-inch-(200-mm-)long samples of solid metal for each color and finish. D.Manufacturer's Certificate: Certify that high-performance coatings comply with VOC limits specified. E.Manufacturer's Certificate: Certify that products meet or exceed specified requirements. 09.96.00 - 2 CSP 8692 Nelson +Morgan Architects,Inc.High-Performance Coatings HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.04 QUALITY ASSURANCE A.Applicator Qualifications:Company specializing in performing the work of this section with minimum 3 years documented experience. B.Source Limitations:Obtain primers and undercoat materials for each coating system from the same manufacturer as the finish coats 1.05 DELIVERY,STORAGE,AND HANDLING A.Deliver products to site in sealed and labeled containers;inspect to verify acceptability. B.Container Label: Include manufacturer's name,type of coating,brand name,lot number,brand code,coverage,surface preparation,drying time,cleanup requirements,color designation,and instructions for mixing and reducing. C.Coating Materials: Store at minimum ambient temperature of 45 degrees F and a maximum of 90 degrees F,in ventilated area,and as required by manufacturer's instructions. 1.06 FIELD CONDITIONS A.Follow manufacturer's recommended procedures for producing best results,including testing of substrates,moisture in substrates,and humidity and temperature limitations. B.Do not apply exterior coatings during rain or snow,or when relative humidity is outside the humidity ranges required by the coating product manufacturer. C.Do not install materials when temperature is below 55 degrees F or above 90 degrees F. D.Maintain this temperature range,24 hours before,during,and 72 hours after installation of coating. E.Restrict traffic from area where coating is being applied or is curing. 1.07 WARRANTY A.See Section 01.78.00 -Closeout Submittals for additional warranty requirements. B.Warranty:Include coverage for bond to substrate. 1.08 EXTRA MATERIALS A.Furnish extra high-performance coating materials from the same production run as materials applied and in quantities described below.Package coating materials in unopened,factory- sealed containers for storage and identify with labels describing contents. 1.Quantity:Furnish an additional 5 percent,but not less than 1 gal.(3.785 L)or 1 case,as appropriate,of each material and color applied. PART 2 PRODUCTS 2.01 MANUFACTURERS A.Provide high performance coating products from the same manufacturer to the greatest extent possible. 1.In the event that a single manufacturer cannot provide specified products,minor exceptions will be permitted provided approval by Architect is obtained using the specified procedures for substitutions. B.High-Performance Coatings: 1.PPG Paints: www.ppgpaints.com/#sle. 2.Sherwin-Williams Company: www.protective.sherwin-williams.com/industries/#sle. 3.Tnemec Company,Inc: www.tnemec.com/#sle. 4.Substitutions: Section 01.60.00 -Product Requirements. 09.96.00 - 3 CSP 8692 Nelson +Morgan Architects,Inc.High-Performance Coatings HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.02 HIGH-PERFORMANCE COATINGS A.Provide coating systems that meet the following minimum performance criteria,unless more stringent criteria are specified: 2.03 TOP COAT MATERIALS A.Coatings -General: Provide complete multi-coat systems formulated and recommended by manufacturer for the applications indicated,in the thicknesses indicated;number of coats specified does not include primer or filler coat. 1.Volatile Organic Compound (VOC)Content: a.Provide coatings that comply with the most stringent requirements specified in the following: 1)40 CFR 59,Subpart D--National Volatile Organic Compound Emission Standards for Architectural Coatings. b.Determination of VOC Content: Testing and calculation in accordance with 40 CFR 59,Subpart D (EPA Method 24),exclusive of colorants added to a tint base and water added at project site;or other method acceptable to authorities having jurisdiction. 2.Colors: Selected from manufacturer's standard colors. B.Epoxy Coatingfor Galvanized Metal &Carbon Steel: 1.Number of coats: Two. 2.Product Characteristics: a.Dry film thickness,total,2.0 to 5.0,minimum. b.Comply with the performance requirements specified above for moderate exposure. 3.Top Coat(s): Polyamide Epoxy;MPI #77,#177. a.Sheen: Gloss. b.Products: 1)Tnemec Company,Inc;Series 287 Enviro-Pox: www.tnemec.com/#sle. 4.Top Coat(s): Inorganic Water Based Epoxy. a.Sheen: Satin. b.Products: C.Urethane Coating: 1.Number of Coats: Two. 2.Product Characteristics: a.Dry film thickness,per coat:2.0 to 5.0,minimum. b.Comply with the performance requirements specified above for moderate exposure. 3.Top Coat(s): Polyurethane,Two-Component;MPI #72,#174. a.Sheen: Semi-Gloss. b.Products: 1)Tnemec Company,Inc;Series 1095 Endura-Shield: www.tnemec.com/#sle. D.Shellac: Pure,white type. 2.04 PRIMERS A.Primers: Provide the following unless other primer is required or recommended by coating manufacturer. 1.Anti-Corrosive for Metal Under Insulation,Water Based Epoxy. a.Products: 1)Tnemec Company,Inc;Series 1224 Epoxoline WB Primer: www.tnemec.com/#sle. 2.Rust-Inhibitive,Water Based;MPI #107. a.Products: 09.96.00 - 4 CSP 8692 Nelson +Morgan Architects,Inc.High-Performance Coatings HVAC Upgrades NMA 24006 City of Denton Fleet Services 1)Tnemec Company,Inc;Series 115 Uni-Bond DF: www.tnemec.com/#sle. 2.05 ACCESSORY MATERIALS A.Accessory Materials: Provide primers,sealers,cleaning agents,cleaning cloths,sanding materials,and clean-up materials as required for final completion of coated surfaces. PART 3 EXECUTION 3.01 EXAMINATION A.Verify existing conditions before starting work. B.Do not begin application of coatings until substrates have been properly prepared. C.Verify that substrate surfaces are ready to receive work as instructed by the coating manufacturer.Obtain and follow manufacturer's instructions for examination and testing of substrates. D.Examine surfaces scheduled to be finished prior to commencement of work.Report any condition that may potentially affect proper application. E.If substrate preparation is the responsibility of another installer,notify Architect of unsatisfactory preparation before proceeding. F.Test shop-applied primer for compatibility with subsequent cover materials. G.Measure moisture content of surfaces using an electronic moisture meter.Do not apply finishes unless moisture content of surfaces are below the following maximums: 1.Plaster and Stucco: 12 percent. 2.Masonry,Concrete,and Concrete Unit Masonry: 12 percent. 3.Concrete Floors and Traffic Surfaces: 8 percent. H.Masonry: Verify masonry joints are struck flush. I.Proceed with coating application only after unacceptable conditions have been corrected. 1.Commencing coating application constitutes Contractor's acceptance of substrates and conditions. 3.02 PREPARATION A.Clean surfaces of loose foreign matter. B.Remove substances that would bleed through finished coatings.If unremovable,seal surface with shellac. C.Remove finish hardware,fixture covers,and accessories and store. D.Existing Painted and Sealed Surfaces: 1.Clean with mixture of trisodium phosphate and water to remove surface grease and foreign matter. E.Galvanized Surfaces: 1.Remove surface contamination and oils and wash with solvent according to SSPC-SP 1. 2.Prepare surface according to SSPC-SP 2. F.Ferrous Metal: 1.Solvent clean according to SSPC-SP 1. 2.Shop-Primed Surfaces: Sand and scrape to remove loose primer and rust.Feather edges to make touch-up patches inconspicuous.Clean surfaces with solvent.Prime bare steel surfaces.Re-prime entire shop-primed item. 3.Remove rust,loose mill scale,and other foreign substances using methods recommended in writing by paint manufacturer and blast cleaning in accordance with SSPC-SP 6/NACE No.3,and protect from corrosion until coated. 09.96.00 - 5 CSP 8692 Nelson +Morgan Architects,Inc.High-Performance Coatings HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.03 PRIMING A.Apply primer to all surfaces,unless specifically not required by coating manufacturer. Apply in accordance with coating manufacturer's instructions. 3.04 COATING APPLICATION A.Apply coatings in accordance with manufacturer's written instructions,to thicknesses specified and recommendations in MPI -Architectural Painting and Specification Manual. B.Apply in uniform thickness coats,without runs,drips,pinholes,brush marks,or variations in color,texture,or finish.Finish edges,crevices,corners,and other changes in dimension with full coating thickness. 3.05 FIELD QUALITY CONTROL A.See Section 01.40.00 -Quality Requirements for general requirements for field inspection. B.Dry Film Thickness Testing: Owner will engage the services of a qualified testing and inspecting agency to inspect and test coatings for dry film thickness. 1.Touch up and restore coated surfaces damaged by testing. 2.If test results show that dry film thickness of applied coating does not comply with coating manufacturer's written recommendations,and specified thickness,Contractor shall pay for retesting and apply additional coats as needed to provide dry film thickness that complies with coating manufacturer's written recommendations,and specified thickness. 3.06 CLEANING A.Collect waste material that could constitute a fire hazard,place in closed metal containers,and remove daily from site. B.Clean surfaces immediately of overspray,splatter,and excess material. C.After coating has cured,clean and replace finish hardware,fixtures,and fittings previously removed. 3.07 PROTECTION A.Protect finished work from damage. END OF SECTION 09.96.00 23 TOC - 1 Table of Contents Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services TABLE OF CONTENTS DIVISION 23 – HVAC 23 05 00 Common Work Results for HVAC 23 05 29 Hangers and Supports for HVAC 23 05 53 Identification for HVAC Equipment 23 05 93 Testing, Adjusting, and Balancing 23 07 13 Duct Insulation 23 31 13 Metal Ducts 23 33 00 Duct Accessories 23 34 23 HVAC Power Ventilators 23 37 13 Air Inlets and Outlets 23 74 33 Dedicated Outdoor Air Units 23 81 13 Packaged Air Conditioners END 230500 - 1 Common Work Results for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 05 00 COMMON WORK RESULTS FOR HVAC PART 1 - GENERAL 1.1 SCOPE OF WORK A. Intent of Contract Drawings and Specifications is to obtain complete, functional, code compliant systems, tested, adjusted, and ready for operation. The Contractor shall provide all materials, labor, equipment, tools, etc. for the complete installation of the HVAC, plumbing, and related work as indicated on the Contract Drawings and Specifications. B. The Contractor shall check, verify, and coordinate work with other trades. Include modifications, relocations or adjustments necessary to complete work or to avoid interference with other trades and new building structure. C. The Contract Drawings are diagrammatic in nature and are to be used to determine project scope and a minimum level of quality. The Contract Drawings are not to be used as the actual working construction drawings. The Contractor’s approved submitted shop drawings, coordinated with other trades and new building structure, shall be used for actual system installation. 1. Do not dimension off Contract Drawings for installations. 2. Dimensions shown on Contract Drawings are approximate. Contractor shall field measure and coordinate building, equipment and all other dimensions. 3. The location of existing equipment, ductwork, piping, etc. that is shown on the Contract Drawings is approximate. The Contractor shall field verify exact locations and identify any conflicts, including structural building system, with project scope of work. D. Alternates and Substitutions: 1. Contractor shall include, with accepted Alternates and Substitutions, all provisions necessary to adjust work affected. 2. With any Alternate or Substitution, Contractor shall include costs to effected trades such as structure, electrical requirements, etc. 3. Alternates shall be accepted alternates by Owner’s Representative 4. Substitutions shall be approved product manufacturers other than Contract Drawings scheduled Basis of Design. 1.2 COORDINATION A. Contractor shall cooperate and coordinate his work with all other trades to avoid conflict and permit a neat and orderly appearance of the entire installation. The Contractor shall, in advance of the work, furnish instructions to the General Contractor as to his requirements for equipment and material installation of any kind, whether or not specifically mentioned on drawings or in the specifications, and shall include recesses, chases in walls, all required openings in the structure, structural supports, etc. Should furnishing this information be neglected, delayed or incorrect and additional cuttings, supports, etc. are found to be required, the cost of the same shall be charged to this Contractor. B. Installations found to be in conflict with work of other trades, as a result of neglected coordination, shall be removed and reinstalled in new locations designated by the Architect at no additional expense to the Owner. C. To achieve coordination, Contractor shall contact the Architect and obtain necessary information to design his system to fit into allotted spaces without interfering with work by other trades. 230500 - 2 Common Work Results for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.3 RELATED WORK A. Concrete Work: 1. Provide cast-in-place concrete for mechanical systems as required by Contract Documents unless otherwise noted. B. Rigging: 1. Provide all labor and materials to safely hoist and rig all equipment indicated on Contract Drawings. 2. Contractor shall secure all required permits prior to rigging work. 3. Contractor shall protect all personnel, property, building and site from damage. 4. Rigger shall be experience and shall comply with OSHA requirements. C. Painting: 1. Contractor shall paint all exposed metals included in the mechanical systems. This includes but is not limited to piping, supports, metal effected by construction, etc. This includes natural gas pipe on roof. 2. Outdoor plastic or PVC pipe shall be painted to protect from UV Light damage. 3. Contractor shall paint all plumbing vent pipes exposed to exterior. Color shall match roof. 4. Contractor shall paint all flue pipes and combustion air intake pipes exposed to exterior. Color shall match roof. 5. All painting shall be performed by qualified personnel and be applied by manufacturer’s instructions. D. Protection of Property: 1. During construction, Contractor shall provide means to protect building and equipment from damage. 2. All work, equipment and materials shall be protected at all times. Contractor shall repair all damage caused either directly or indirectly by his own work persons. Contractor shall also protect his own work from damage. Upon completion, all work shall be thoroughly cleaned and delivered in a new condition 3. Contractor shall be held responsible for all damage to equipment and materials until he has received written notice from the Architect or Engineer that his work has been accepted. 4. Contractor shall provide temporary partitions to safely isolate areas of construction. 5. Roofs shall be protected with 3/4” plywood installed over entire work areas and paths of travel. 6. Interior floors and walls in areas where equipment travels shall be properly protected. 7. Contractor shall repair any property damage caused by mechanical installation at no cost to Owner. E. Equipment Supports: 1. Contractor shall provide all supports, steel, etc. required to properly install equipment. 2. Equipment shall be installed securely and shall be level. 3. Contractor shall coordinate equipment supports with building structure. F. Welding Work: 1. Welding work shall be performed by certified welders and shall be of good quality. 2. Welders shall comply with all project safety procedures. Area shall be cleared of all combustible materials and a fire extinguisher shall be within reach of the welder’s “fire watch” helper. 3. Welding and gas tanks shall be properly secured and protected. G. Cutting and Patching: 1. Perform cutting and patching required for complete installation of systems. Patch and restore all work cut or damaged to original condition. This includes openings remaining from removal or relocation of existing system components. 2. Do not pierce beams or columns without permission and direction of structural engineer. 230500 - 3 Common Work Results for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services H. Excavation and Backfill: 1. Backfill all trenches beneath concrete floors within building and beneath concrete slabs, walks and drives with appropriate fill and compact to same density as surrounding area. 2. Backfill shall be tamped in layers or puddled under and around pipes to prevent settlement or lateral movement and shall contain no ashes, cinders, refuse, organic matter, or other corrosive materials. 3. Rocks shall not be placed in trenches. 4. In trenches cut through rock, tamped backfill shall be used for at least 6 inches under and around the pipe and for at least 2 feet above the pipe. 1.4 REQUIREMENTS OF REGULATORY AGENCIES A. Rules and regulations of all State and Local Authorities Having Jurisdiction and utility companies, in force at time of execution of Contract shall become part of this Specification. B. Contractor shall conform to the following applicable rules and regulations: 1. International Building Code. 2. International Mechanical Code. 3. International Plumbing Code. 4. International Fire Code. 5. International Energy Code. 6. National Electrical Code. 7. Life Safety Code. 8. Requirements and code amendments of local building department, fire department, utility company and other Authorities Having Jurisdiction. 9. National Fire Protection Association Standards. 10. American Society of Mechanical Engineers Pressure Code. 11. Occupational Safety and Health Administration Regulations. 12. American Disabilities Act (ADA). C. Lead Free: All products and materials serving domestic (potable) water systems shall comply with the Reduction of Lead in Drinking Water Act with a lead content of wetted surfaces of no greater than 0.25% by weight. D. Contractor shall obtain all permits and include all permit costs in bid. Contractor shall schedule all inspections with local authority and shall deliver all certificates to the Owner. E. The most stringent code shall apply in differences between applicable codes. F. Contractor shall not allow or cause any of his work to be covered up before it has been duly inspected, tested and approved by the authorized inspectors having legal jurisdiction over his work. Should he fail to observe the above, he shall uncover his work and, after it has been inspected, tested and approved, recover it at his own expense. G. Any work performed by the Contractor that does not comply with applicable codes shall be corrected and the Contractor shall bear all costs for required corrections. 1.5 QUALITY A. Perform all work in accordance with good industry practice and shall be of first quality. The good appearance of the work shall be of equal importance to its mechanical operation. Lack of quality workmanship shall be considered sufficient reason for rejection of a system in whole or in part. B. All systems shall be installed in a neat and professional manner. Routing of ductwork, above ground piping, wiring, etc. shall be parallel with right angles. 230500 - 4 Common Work Results for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.6 EQUIPMENT INSTALLATION A. Contractor shall install all equipment in accordance with manufacturer’s instructions. Equipment shall be neat and level. B. Install equipment in locations shown on approved construction shop drawings. Avoid conflicts with structure and other trades. C. Install so that all equipment can be easily serviced by access doors, by unions and isolation valves in piping and/or other methods as required. Maintain all code required clearances and manufacturer’s recommended access. Install equipment piping and ductwork to maintain access for maintenance personnel. D. All equipment shall be clearly labeled with tag number scheduled on drawings. E. All equipment shall have OSHA required safety guards. F. Equipment installed on roofs shall be 10 feet from parapet or install a safety rail per International Mechanical Code. G. Equipment installed on supports greater than 30 inches above adjacent walking surface shall have 36-inch-wide platforms with safety railing on all sides requiring service access per the International Mechanical Code. 1.7 SUBMITTALS A. Contractor shall submit a minimum six (6) copies to the Architect and Engineer for review and approval all manufacturer’s product data sheets and construction shop drawings. 1. Contractor shall identify all items in the submitted products that differ from the scheduled design basis product on the Contract Drawings. B. Manufacturer’s product data sheets shall be specific to the equipment being provided. Equipment to be provided shall be clearly identified and labeled with the equipment tag number matching the Contract Drawings. C. All refrigeration, fan and pumping equipment, such as condensing units, heat pumps, packaged rooftop units, pumps, fans, etc. shall include manufacturer’s computerized selections with specific project conditions. General catalog data is not acceptable. D. In addition to major scheduled equipment, Contractor shall submit product data sheets on plumbing fixtures, plumbing specialties, sheet metal construction standards, piping materials, insulation materials, vibration eliminators, and other mechanical items important to system operation. Refer to individual specification sections for additional submittal items. E. Contractor shall submit construction shop drawings for equipment locations, ductwork layout, and piping layout. Shop drawings shall include coordination with all other trades, equipment clearances, equipment supports, duct and pipe dimensions, elevations, balancing devices, etc. that shall be used for actual system fabrication and installation. Contractor shop drawings shall be 1/4 inch per foot scale on 24”x36” or 30”x42” sheets. F. Submittals shall include all accepted alternates and substitutions. All necessary adjustments due to alternate or substitution shall be included. G. Contractor shall submit Temperature Controls drawings and wiring diagrams. H. Fire Protection Contractor shall submit sprinkler system components, hydraulic calculations, and sprinkler system layout. Drawings, calculations, and components shall be approved by Engineer, local Authority Having Jurisdiction, and Owner’s insurance company prior to beginning fire protection work. I. Initial and final Test and Balance Reports shall be reviewed and approved by Engineer. 230500 - 5 Common Work Results for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services J. Engineer’s review and comments on submittals does not relieve Contractor’s responsibility to comply with requirements of Contract Documents. K. All approved submittals, including comments, shall be scanned into PDF format for final close- out documents. Refer to Close-Out Documents paragraph. 1.8 ASSISTANCE TO TEST AND BALANCE FIRM A. The Mechanical and Controls Contractors shall assist the Test and Balance (TAB) firm to perform system balancing. Contractors shall provide necessary manpower to correct identified deficiencies in a timely manner to perform TAB. B. Not every measuring and balancing device desired by the TAB may be indicated or noted on the Construction Documents. Prior to system start-up, the Mechanical Contractor shall coordinate with the TAB firm. Mechanical Contractor shall install, at no additional cost to Owner, any balancing dampers, temperature and pressure test ports, etc. as requested by the TAB Firm to perform complete system balance. C. Refer to Test and Balance Section for Mechanical Contractor’s responsibilities. 1.9 COMMISSIONING A. The General Contractor shall lead the Commissioning Team and shall perform duties as the Commissioning Agent. Refer to Commissioning Specification. B. The Mechanical Contractor, Controls Contractor, Electrical Contractor and Test and Balance Firm are members of the Commissioning Team. Contractors shall provide assistance to the General Contractor to complete the Commissioning Process. C. If there is a conflict between the requirements of the Engineer and those of the Commissioning Agent, the requirements of the Engineer shall have precedence. 1.10 WARRANTY A. Contractor shall guarantee for one (1) year after acceptance by Owner all equipment, materials, and workmanship to be free from defect. Contractor shall provide equipment, parts and labor to repair, replace or alter systems or parts of systems found defective at no extra cost to Owner. B. Refer to each section for any extended equipment warranties. PART 2 - PRODUCTS 2.1 NOT USED PART 3 - EXECUTION 3.1 INSPECTION A. Work shall not be covered or enclosed until it has been inspected, tested, and approved by Authorities Having Jurisdiction. B. If work is enclosed or not visible, Contractor shall expose systems for inspection at their own cost. 3.2 START-UP A. All systems and equipment shall be started, tested, adjusted and turned over to Owner ready for operation. Follow manufacturer's pre-start-up check-out, start-up, trouble shooting and adjustment procedures. B. Contractor shall provide services of technician knowledgeable in start-up and check-out of types of systems and equipment on project. Provide start-up services by manufacturer's factory technician where specified or where Contractor does not have certified personnel. Coordinate start-up with all trades. 230500 - 6 Common Work Results for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services C. Documentation of start-up conditions and equipment performance shall be included in Owner’s Operations Manual. D. Clean and lubricate all equipment prior to acceptance by Owner. 3.3 FINAL APPROVAL A. Prior to final acceptance of the installation, the Contractor shall furnish to the Architect "certificates of approval" signed by all legally constituted authorities, stating that the systems, as installed, have been inspected and tested and meet all governing code requirements. B. Mechanical Contractor shall include sixteen (16) hours of time from their Project Manager or Superintendent and required tradesmen for owner’s acceptance testing program. 3.4 CLOSE-OUT DOCUMENTS A. Record Drawings: 1. Contractor shall neatly produce from field marked drawings a complete "as-built" record set of drawings, which shall show every change from the original Contract Drawings and the exact "as-built" locations and sizes of the work provided. This set shall include locations, dimensions, elevations, shut-off valves, etc. 2. The Contractor shall neatly provide a final set of “as-built” drawings. Contactor shall provide one (1) hard copy and one (1) CD of portable document format (PDF) scan files of “as-built” drawings to Owner and Engineer. B. Contractor shall provide to Owner one (1) hard copy and one (3) CDs of portable document format (PDF) scan files of the following: 1. Equipment Operations Manual, which includes all equipment submittals, brochures, repair parts lists, manufacturer’s maintenance instructions, and contact information on local manufacturer’s representatives. 2. All approved submittals and shop drawings with comments. 3. All permits and inspection reports. 4. All training materials. 5. All warranties. 6. Final Test and Balance Report. 7. Charts and diagrams for all valves, dampers, and controls. C. Contractor shall provide one (1) copy Close-Out PDF CD and As-Built CD listed above to the Engineer and to the architect. 3.5 COMPLETION A. Upon completion of work Contractor shall remove all tools, scaffolding, trash from site. Contractor shall walk through job site and remove debris from work areas, including above ceiling, leaving a clean project site. B. Contractor shall provide training to owner’s operating personnel on installed systems. C. It is the intent of this specification for the Contractor to provide the Owner a complete, functional, code compliant system. END OF SECTION 230529 - 1 Hangers and Supports for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 05 29 HANGERS AND SUPPORTS FOR HVAC PART 1 - GENERAL 1.1 SCOPE OF WORK A. Contractor shall furnish all necessary labor, supervision, materials, equipment, and services to completely install the pipe hanger and supports as described in this specification. B. Dissimilar metals shall not be in contact without a dielectric isolator. 1.2 REFERENCES A. ASTM B633 - Specification for Electro-Deposited Coatings of Zinc on Iron and Steel. B. ASTM A123 - Specification for Zinc (Hot-Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes, Plates, Bars, and Strip. C. ASTM A653 - Specification for Steel Sheet, Zinc-Coated by the Hot-Dip Process. D. ASTM A1011 – Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High- Strength Low-Alloy and High-Strength Low-Alloy with Improved Formability. E. MSS SP58 - Manufacturers Standardization Society: Pipe Hangers and Supports-Materials, Design, and Manufacture. F. MSS SP69 - Manufacturers Standardization Society: Pipe Hangers and Supports- Selection and Application. 1.3 QUALITY ASSURANCE A. Steel pipe hangers and supports shall have the manufacturer’s name, part number, and applicable size stamped in the part itself for identification. B. Hangers and supports shall be designed and manufactured in conformance with MSS SP 58. C. Supports for sprinkler piping shall be in conformance with NFPA 13. D. Support of pipe, tubing and equipment shall be accomplished by means of engineered products, specific to each application. Makeshift, field devised methods shall not be allowed. 1.4 SUBMITTALS A. Submit product data on all hanger and support devices, including shields and attachment methods. Product data to include, but not limited to materials, finishes, approvals, load ratings, and dimensional information. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Manufacturer: Subject to compliance with these specifications, pipe hanger and support systems shall be as manufactured by Cooper B-Line, HOLDRITE or approved equal. B. Materials installed in return air plenum spaces shall comply with ASTM E-84 25/50 smoke and flame requirements. HOLDRITE products shall be Flame Fighter model. 230529 - 2 Hangers and Supports for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.2 PIPE HANGERS AND SUPPORTS A. Hangers: 1. Uninsulated pipes 2 inch and smaller: a. Adjustable steel swivel ring (band type) hanger, B-Line B3170. b. Adjustable steel swivel J-hanger, B-Line B3690. c. Malleable iron ring hanger, B-Line B3198R or hinged ring hanger, B3198H. d. Malleable iron split-ring hanger with eye socket, B-Line B3173 with B3222. e. Adjustable steel clevis hanger, B-Line B3104 or B3100. f. HOLDRITE #257-P, or 287-P. 2. Uninsulated pipes 2-1/2 inch and larger: a. Adjustable steel clevis hanger, B-Line B3100. b. Pipe roll with sockets, B-Line B3114. c. Adjustable steel yoke pipe roll, B-Line B3110. 3. Insulated pipe- Cold or chilled water piping: a. 5 inch and smaller pipes: use adjustable steel clevis with galvanized sheet metal shield. B-Line B3100 with B3151 series. B. Pipe Clamps: 1. When flexibility in the hanger assembly is required due to horizontal movement, use pipe clamps with weldless eye nuts, B-Line B3140 or B3142 with B3200. For insulated lines use double bolted pipe clamps, B-Line B3144 or B3146 with B3200. 2. Makeshift, field devised methods of plumbing pipe support, such as with the use of scrap framing materials, are not allowed. Support and positioning of piping shall be by means of engineered methods that comply with IAPMO PS 42-96. HOLDRITE support systems or approved equivalent. 3. Dissimilar metals shall not be in contact without a dielectric isolator. C. Multiple or Trapeze Hangers: 1. Trapeze hangers shall be constructed from 12 gage roll formed ASTM A1011 SS Grade 33 structural steel channel, 1-5/8 inch by 1-5/8 inch minimum, B-Line B22 strut or stronger as required. 2. Mount pipes to trapeze with 2 piece pipe straps sized for outside diameter of pipe, B-Line B2000 Series. 3. For pipes subjected to axial movement: a. Strut mounted roller support, B-Line B3126. Use pipe protection shield or saddles on insulated lines. b. Strut mounted pipe guide, B-Line B2417. 4. When multiple parallel piping is installed on a trapeze platform the spacing between such platforms shall comply with the spacing below. The total weight of piping and components upon each trapeze span shall not exceed the manufactures’ load rating. Load ratings must include a minimum 2X safety factor. HOLDRITE EZ-Strut or approved equal for piping 2 inch and under. D. Close Cell Insulated Pipe Supports: 1. The pipe support system shall be of high compressive strength material inserts imbedded in closed cell elastomeric foam and covered with metal cladding. 2. Insulation inserts shall be used in conjunction with friction insulation tape to inhibit slip due to thermal expansion, contraction, and/or vibration. 3. Pipe hanger and support assemblies shall be equal to B-Line Armafix. E. Wall Supports: 1. Pipes 4 inch and smaller: a. Carbon steel hook, B-Line B3191. b. Carbon steel J-hanger, B-Line B3690. c. HOLDRITE Stout Bracket System. 230529 - 3 Hangers and Supports for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services F. Vertical Supports: 1. Steel riser clamp sized to fit outside diameter of pipe, B-Line B3373. 2. For vertical mid-span supports of piping 4 inch and under, use HOLDRITE Stout Brackets with HOLDRITE Stout Clamps or two-hole pipe clamps (MSS Type 26). G. Copper Tubing Supports: 1. Hangers shall be sized to fit copper tubing outside diameters. Dissimilar metals shall be isolated. a. Adjustable steel swivel ring (band type) hanger, B-Line B3170CT. b. Malleable iron ring hanger, B-Line B3198RCT or hinged ring hanger B3198HCT. c. Malleable iron split-ring hanger with eye socket, B-Line B3173CT with B3222. d. Adjustable steel clevis hanger, B-Line B3104CT. 2. For supporting vertical runs use epoxy painted or plastic coated riser clamps, B-Line B3373CT or B3373CTC. 3. For supporting copper tube to strut use epoxy painted pipe straps sized for copper tubing, B-Line B2000 series, or plastic inserted vibration isolation clamps, B-Line BVT series. H. Supplementary Structural Supports: 1. Design and fabricate supports using structural quality steel bolted framing materials as manufactured by Cooper B-Line. Channels shall be roll formed, 12 gage ASTM A1011 SS Grade 33 steel, 1-5/8 inch by 1-5/8 inch or greater as required by loading conditions. Submit designs for pipe tunnels, pipe galleries, etc., to engineer for approval. Use clamps and fittings designed for use with the strut system. 2.3 UPPER ATTACHMENTS A. Beam Clamps: 1. Beam clamps shall be used where piping is to be suspended from building steel. Clamp type shall be selected on the basis of load to be supported, and load configuration. 2. C-Clamps shall have locknuts and cup point set screws, B-Line B351L, or B3036L. Top flange c-clamps shall be used when attaching a hanger rod to the top flange of structural shapes, B-Line B3034 or B3033. Refer to manufacturer’s recommendation for setscrew torque. Retaining straps shall be used to maintain the clamps position on the beam where required. 3. Center loaded beam clamps shall be used where specified. Steel clamps shall be B-Line B3050, or B3055. Malleable iron or forged steel beam clamps with cross bolt shall be B- Line B3054 or B3291-B3297 Series as required to fit beams. 4. Overhead pipe runs of 1 inch and less to utilize HOLDRITE #125 or #121 Series brackets. 2.4 VIBRATION ISOLATION AND SUPPORTS A. Suspended HVAC Equipment Spring Rubber Hangers: 1. Spring-Flex hangers shall consist of a steel spring in series with a 0.2-inch (minimum) deflection neoprene element. Springs shall be color coded, and elastomer element molded in specific colors for proper identification of rated load capacity. Springs shall have a minimum additional travel to solid equal to 50% of the rated deflection. Pipe isolators shall have spring diameters and hanger box lower hole sizes of sufficient size to permit the hanger rod to swing approximately 30° before contacting the box. Hangers which are to be used with flat iron duct straps shall be provided with eye bolts on both ends. 2. Spring-Flex hangers shall be equal to series RSH/RSH-30A and hangers with eyebolts shall be equal to type RSHSC/RSHSC-30A as manufactured by Vibration Mountings & Controls, Inc. B. For refrigeration, air conditioning, hydraulic, pneumatic, and other vibrating system applications, use a clamp that has a vibration dampening insert and a nylon inserted locknut. For copper and steel tubing use B-Line BVT series Vibraclamps, for pipe sizes use BVP series. 230529 - 4 Hangers and Supports for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services C. For larger tubing or piping subjected to vibration, use neoprene or spring hangers as required. D. For base mounted equipment use vibration pads, molded neoprene mounts, or spring mounts as required. Acoustical isolations 2 inch and under to be tested by an ISO 3822 Certified Testing Facility. Vibration isolation products as manufactured by B-Line, Vibratrol systems or HOLDRITE Silencer #274 or #275 isolation pads. E. Loop and Clevis Hangers: 1. Elastomer-lined vibration hangers for water lines, drain lines and sanitary waste lines to be fabricated using HOLDRITE #300 - #310 isolated steel loop swivel hangers or HOLDRITE #320 - #330 isolated J-hangers. 5 inch and larger pipe, isolate hangers using HOLDRITE #270 or #271 isolation liner in combination with standard loop or clevis hangers. F. Small Bore Pipe/Tube Suspension (2 inch and under): 1. For piping mounted to adjacent structure or supplemental support bracketry (e.g., HOLDRITE Stout Bracket or HOLDRITE EZ-Strut/EZK), use HOLDRITE “Silencer System” #250, #255, #261, #262, #263, #264, #280, or #285. G. Through-Stud / Joist Penetrations: 1. Provide resilient support for all HVAC and plumbing water and drain piping which pass through framing penetrations or similar potential contact locations. No such piping shall come into rigid contact with the building. 2. HOLDRITE “Silencer System” #250, #255, #261, #262, #263, #264, #270, #271, #280, #285. H. Trapeze: 1. HOLDRITE “Silencer Series” #250, #255, #280, #285, with HOLDRITE EZ-Strut #EZ-1, #EZ-2 or #EZK, or #257-P #287-P when using standard strut/channel. I. Riser Clamp and Equipment Isolation: 1. Load Range: Risers that exert loads from 10-50 psi. use HOLDRITE Silencer #274 or #276. For heavier loads, use HOLDRITE Silencer # 275 or #278 with 10 gage steel bearing plate (included), to ensure loading does not exceed 50 psi. 2.5 ACCESSORIES A. Hanger Rods shall be threaded on both ends, or continuous threaded rods of circular cross section. Use adjusting locknuts at upper attachments and hangers. No wire, chain, or perforated straps are allowed. B. Shields shall be 180 degree galvanized sheet metal, 12 inch minimum length, 18 gage minimum thickness, designed to match outside diameter of the insulated pipe, B-Line B3151. C. Pipe protection saddles shall be formed from carbon steel, 1/8 inch minimum thickness, sized for insulation thickness. Saddles for pipe sizes greater than 12 inch shall have a center support rib. 2.6 FINISHES A. Indoor Finishes: 1. Hangers and clamps for support of bare copper piping shall be coated with copper colored epoxy paint, B-Line Dura-Copper®. Additional PVC coating of the epoxy painted hanger shall be used where necessary. 2. Hangers for other than bare copper pipe shall be zinc plated in accordance with ASTM B633 OR shall have an electro-deposited green epoxy finish, B-Line Dura-Green®. 3. Strut channels shall be pre-galvanized in accordance with ASTM A653 SS Grade 33 G90 OR have an electro-deposited green epoxy finish, B-Line Dura-Green®. 230529 - 5 Hangers and Supports for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services B. Outdoor and Corrosive Area Finishes 1. Hangers and strut located outdoors shall be hot dip galvanized after fabrication in accordance with ASTM A123. All hanger hardware shall be hot dip galvanized or stainless steel. Zinc plated hardware is not acceptable for outdoor or corrosive use. 2. Hangers and strut located in corrosive areas shall be type 304 stainless steel with stainless steel hardware. 2.7 SLEEVES A. Pipe Sleeves: 1. Non-Fire Rated Floor: 18 gage galvanized steel. 2. Non-Fire Rated Walls: 18 gage galvanized steel. 3. Fire Rated Penetrations: UL Listed prefabricated fire rated sleeves, equal to Metraflex or HOLDRITE HydroFlame Series sleeves. B. Exterior Wall Pipe Sleeves: 1. Mechanical Pipe Seal: a. Pipe wall penetration seals shall be of the modular link type. b. Seals shall consist of a series of interlocking, molded synthetic rubber links, with heavy-duty plastic pressure plates, and corrosion resistant nuts and bolts. c. Seals shall be designed to provide a hydrostatic seal between the pipe and wall penetration. d. Seals shall be sized and selected per manufacturer recommendations. e. Mechanical pipe seals shall be fabricated of an EPDM elastomer for general service. f. Provide stainless steel hardware as required. g. Mechanical pipe seals shall be equal to Metraflex model Metraseal. 2. Wall Sleeve (steel): a. Cast in place concrete wall sleeves shall be fabricated from galvanized heavy wall welded or seamless carbon steel pipe. b. All sleeves to have a 2 inch wide, full perimeter water stop, welded on both sides. c. Wall sleeves shall be equal to Metraflex model WSCSG. C. Duct Sleeves: 1. Round Duct: 18 gage galvanized steel. 2. Rectangular Duct: 18 gage galvanized steel. 3. Rated Duct Penetration (without damper): 4. At all rated wall penetrations without a damper, install 2.5 inch 18 gage galvanized metal flange at point of penetration. Install UL Listed firestop, complying with ASTM E814, per FireStop Section. 2.8 ROOFTOP PIPING SUPPORT SYSTEMS A. Materials: 1. Curb base must be made of 100% recycled rubber and polyurethane prepolymer with a uniform load capacity of 500 pounds per linear foot of support. 2. Steel frame: Steel, 14 gage strut galvanized per ASTM A653 or 12 gage strut galvanized per ASTM A653 for bridge series. 3. Attaching hardware: Zinc-plated threaded rod, nuts and attaching hardware per ASTM B633. 4. Any products claiming to be a similar, like, or equal must demonstrate (meet or exceed) the same physical and performance characteristics as specified below: a. Density: 0.52 oz/cu in - ASTM C642. b. Durometer Hardness: 67.2A ± 1 - ASTM D2240 c. Tensile Strength: 231 psi minimum - ASTM D412 d. Compression Deformation: 5% at 70psi and 72ºF - ASTM D395 e. Brittleness at Low Temp: -50ºF - ASTM D746 230529 - 6 Hangers and Supports for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services f. Freeze and thaw when exposed to deicing chemicals: No loss after 50 cycles - ASTM C672. g. Coefficient of Thermal Expansion: 8 x 10 -6 in/in/ºF (min) - ASTM C531. h. Weathering: 70 hours at 120ºF - ASTM D573. 1). Hardness retained: 100% (±5%). 2). Compressive strength: 100% (±5%). 3). Tensile strength: 100% (±5%). 4). Elongation retained: 100% (±5%). B. Rooftop Pipe Supports: 1. Rubber block supports: Equal to Dura-Blok Series DBE with unistrut and B2400 pipe clamp. Accessories are fastened directly into rubber material with weather resistant type 12 lag screws. 2. Roof pipe supports shall allow for pipe height adjustments. 3. Continuous block channel supports: Equal to Dura-Blok DB-Series or DB6-Series. Assembly has 1 inch gaps between blocks for free flow of water. Standard strut accessories can be used for attachment. 4. Bridge channel supports: Equal to Dura-Blo DB10-Series;. Standard strut accessories can be used for attachment. 5. Extendible height support: Equal to Dura-Blok model DBE 10. Heavier loads may require CLDP load distribution plate. 6. Roller support: Equal to Dura-Blok DBR10 Series & DBR Series: 7. Elevated single pipe supports: Equal to Dura-Blok DBM Series. C. Roof Pipe Penetrations: 1. Furnish and install roof curb and molded pipe caps for pipe penetration through roof surface. 2. Roof curb shall be an 18 gauge galvanized curb with integral base plate, continuously welded corner seams, factory-installed wood nailer, and 1.5 inch, 3 pound rigid fiberglass insulation. 3. Curb cover shall be a laminated, acrylic coated, ABS plastic with pre-punched holes and molded sealing rings on two 8 inch collared openings. 4. Caps shall be EPDM compression molded type and shall include stainless steel snap-lock clamps. 5. Install per manufacturer’s instructions and provide a water tight seal. D. Ductwork Rooftop Supports: 1. Refer to Ductwork Accessories Section. E. Ductwork Roof Penetrations: 1. Refer to Ductwork Accessories Section. PART 3 - EXECUTION 3.1 PIPE HANGERS AND SUPPORTS A. Install per International Mechanical Code, International Plumbing Code, and manufacturer’s instructions. B. Pipe shall be adequately supported by pipe hanger and supports specified in PART 2 PRODUCTS. Hangers for insulated pipes shall be sized to accommodate insulation thickness. 230529 - 7 Hangers and Supports for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services C. Horizontal steel piping shall be supported in accordance with MSS SP-69 Tables 3 and 4, excerpts of which follow below: NOMINAL PIPE SIZE (INCHES) ROD DIAMETER (INCHES) MAXIMUM SPACING (FEET) ½ to 1-1/4 3/8 7 1-1/2 to 2 3/8 10 2-1/2 to 3 1/2 12 3-1/2 to 4 1/2 14 5 to 6 3/4 16 8 3/4 19 10 7/8 20 12 7/8 20 14 1 20 16 1 20 D. Horizontal copper tubing shall be supported in accordance with MSS SP-69 Tables 3 and 4, excerpts of which follow below: NOMINAL PIPE SIZE (INCHES) ROD DIAMETER (INCHES) MAXIMUM SPACING (FEET) ½ to 3/4 3/8 5 1 to 1-1/4 3/8 6 1-1/2 to 2 1/2 8 2-1/2 1/2 9 3 1/2 10 4 1/2 11 5 1/2 13 6 5/8 14 8 3/4 16 E. No direct contact of dissimilar metals. Provide means of preventing dissimilar metal contact such as HOLDRITE isolated steel loop hangers model #300 - #310, HOLDRITE isolated steel J- hanger model #320 - #330. HOLDRITE #270 isolation liner may be applied to clevis hangers. Also approved are plastic coated hangers, copper colored epoxy paint, or non-adhesive isolation tape B-Line Iso-pipe. Galvanized felt isolators sized for copper tubing may also be used, B-Line B3195CT. F. Support horizontal cast iron pipe adjacent to each hub, with 5 feet maximum spacing between hangers. Cast iron pipe and fittings shall be braced in accordance with CISPI 301-09 by use of HOLDRITE #117 No-Hub Pipe Restraints or approved equal. G. Install hangers to provide a minimum of 1/2 inch space between finished covering and adjacent work. H. Place a hanger within 12 inches of each horizontal elbow. I. Trim hanger rod where maximum 1 inch of rod is exposed. J. Support vertical piping independently of connected horizontal piping. Support vertical pipes at every floor. Wherever possible, locate riser clamps directly below pipe couplings or shear lugs. K. Where several pipes can be installed in parallel and at the same elevation, provide trapeze hangers as specified in Part 2. Trapeze hangers shall be spaced according to the smallest pipe size, or install intermediate supports according to schedule in section 3.1. 230529 - 8 Hangers and Supports for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services L. Do not support piping from other pipes, ductwork or other equipment that is not building structure. M. Makeshift, field devised methods of plumbing pipe support, such as with the use of scrap framing materials, are not allowed. Support and positioning of piping shall be by means of engineered methods that comply with IAPMO PS 42-96. These shall be HOLDRITE support systems or approved equal. 3.2 SLEEVES A. Walls: Stuffing insulation and caulk pipe or duct to adjacent wall. B. Finished Surfaces: Chrome escutcheons. C. Rated Penetrations: UL Listed system equal to fire rating. END OF SECTION 230553 - 1 Identification for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 05 53 IDENTIFICATION FOR HVAC PART 1 - GENERAL 1.1 SCOPE OF WORK 1. Contractor shall install identification labels or tags on all of the following as specified in the Section: 2. Equipment (Pumps, Heat Exchangers, Chillers, Boilers, etc.) 3. Piping Systems 4. Ductwork Systems 5. HVAC Dampers. 6. Terminal (VAV/CV) Units 7. Valves. 8. Other new equipment or systems. 1.2 REFERENCES A. ASME A13.1 – Scheme for the identification of piping systems. B. Occupational Safety and Health Administration (OSHA). 1.3 SUBMITTALS A. Submit list of wording, symbols, letter size, and color coding for mechanical identification. B. Submit valve chart and schedule, including valve tag number, location, function, and valve manufacturer's name and model number. C. Product Data: Provide manufacturer’s catalog literature for each product required. PART 2 - PRODUCTS 2.1 IDENTIFYING DEVICES A. Stencil Paint: 1. Oil-based, alkyd enamel, black color. 2. Stencil of pipe is permitted in concealed locations only. B. Marker System: 1. Manufacturer's standard, preprinted with color coding, lettering size and length of color field according to ASME A13.1. 2. Use pressure-sensitive type unless "snap-on" or "strap-on" type is specified in Part 3. C. Valve Tags: 1. Minimum 1-1/2" diameter, 0.032" thick, polished brass. D. Laminated Plastic Nameplates: 1. ASTM D 709, Type I, cellulose, phenolic-resin-laminate engraving stock; Grade ES-2, black surface, black phenolic core, with white melamine subcore. 2. Nameplates shall be approximately 1-1/2" x 4", 1/16" thick, and have 1/2" high lettering. Face of plastic nameplates shall be black with white letters. 3. Fasteners shall be self-tapping, stainless steel screws or contact type with permanent adhesive. 2.2 ACCEPTABLE MANUFACTURERS A. Brady Corporation. B. Seton C. Brimar Industries, Inc. 230553 - 2 Identification for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 3 - EXECUTION 3.1 GENERAL A. After painting and/or covering is completed, identify equipment and piping as indicated. Locate identification as conspicuously as possible except where such would distract from finished area. 3.2 PIPING SYSTEM IDENTIFICATION A. Install pipe identification on each system. Place flow directional arrows at each pipe identification location. B. Identify all piping (except medical gas) not less than once every 20 ft, not less than once in each room, at each branch, adjacent to each access door or panel, at each valve and on both sides of walls or floors penetrated by piping. C. In concealed areas, piping may be identified by stenciling. Height of lettering shall be same as pipe diameter up to maximum of 1" in height. When finished color of piping is dark, stenciling shall be on white background. D. Exposed pipe shall be identified with marker system. Markers shall be "snap-on" or "strap-on" type depending on applicable pipe size. E. All drain pans shall be labeled on the visible bottom side every 20 feet with “Code Required Secondary Drain System.” F. Identify all ducts not less than once every 20 ft, not less than once in each room, at each branch, and on both sides of walls or floors penetrated by piping. 3.3 DUCTWORK SYSTEM IDENTIFICATION A. Install ductwork identification on each concealed ductwork system. Place flow directional arrows at each duct identification location. 1. Supply Air Duct 2. Return Air Duct 3. Exhaust Air Duct 4. Customized other types of ductwork systems B. Do not label exposed ductwork outside of mechanical rooms. C. At each ductwork identification label, neatly had write the Rooftop unit number (RTU-#), exhaust fan number (EF-#), etc D. In concealed areas, ductwork may be identified by stenciling. Height of lettering shall be 1". When finished color of ductwork is dark, stenciling shall be on white background. E. Identify all ducts not less than once every 20 ft, not less than once in each room, at each branch, and on both sides of walls or floors penetrated by piping. 3.4 VALVE IDENTIFICATION A. Identify valves with brass tags bearing system identification and valve sequence number in 1/2" black characters. Attach tag to valve body with brass jack chain and "S" hook. B. Valve numbers shall be prefixed with corresponding piping system identification in 1/4" black letters. C. Valve tags are not required at terminal devices unless valves are greater than 10 ft from device or located in another room not visible from terminal unit. D. Furnish typewritten valve schedule indicating valve number, fixtures, equipment or areas served by each numbered valve and incorporate in O&M Manuals. E. Furnish typewritten framed chart under glass or clear plastic indicating fixtures, equipment or areas served by each numbered valve and mount same as directed by Engineer. 230553 - 3 Identification for HVAC Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.5 EQUIPMENT IDENTIFICATION A. Identify major equipment, including air handling units, fans, boilers, chillers, heat exchangers, air terminal devices, pumps, water heaters, unit heaters tanks, compressors, water treatment devices etc. B. Identify equipment with large laminated plastic nameplates. C. Identify control equipment and panels with laminated plastic nameplates. D. Locate motor nameplates for easy reading. Relocate or provide new nameplates on motors if original nameplates are not located for easy reading. E. Install label on each duct access panel. Label damper type on access doors. F. Dampers: Install red phenolic plastic label with 2 inch high white letters on each fire damper, smoke damper, and combination fire/smoke damper. 1. Label on damper shall include specific damper number. 2. On ceiling grid below all fire dampers (FD) , smoke dampers (SD), and combination fire/smoke dampers(FSD), install a white sticker with red letters stating damper type and specific damper number: (e.g. FSD – 1.01) 3.6 ACCESS PANEL IDENTIFICATION A. Furnish typewritten charts with identification and location of all access panels serving equipment and valves and incorporate in O&M Manuals. 3.7 WARNING LABELS A. Install tag or sign with required warning message at the following locations: 1. Hazardous Material Locations. 2. Exposed Hot Surface Locations. 3. Tripping Hazard Locations. 4. Exposed Moving Part Locations. 5. Other Potentially Dangerous Locations. 6. Exhaust fans with hazardous discharge shall include plastic tag stating “Warning Hazardous Exhaust.” Top of exhaust fan shall be painted orange. B. All installations shall comply with OSHA requirements END OF SECTION 230593 - 1 Testing, Adjusting, and Balancing Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 05 93 TESTING, ADJUSTING, AND BALANCING PART 1 - GENERAL 1.1 SCOPE OF WORK A. The Test and Balance (TAB) Firm shall be hired by the General Contractor. B. The work included in this Section consists of the furnishing of all labor, instruments, tools and services required in connection with the Testing and Balancing (TAB) of the Heating, Ventilating and Air Conditioning (HVAC) systems as described in the mechanical specifications and/or shown on the mechanical plans, or reasonably implied. C. The Test and Balance (TAB) of the HVAC systems shall be performed by an independent, impartial Technical Firm who is a member of Associated Air Balancing Council (AABC) or National Environmental Balancing Bureau (NEBB) and whose operations are limited to the field of professional TAB. 1. The Mechanical Contractor shall include the cost of the TAB work as a separate line item in the mechanical bid. D. The TAB Firm shall be an independent third party. E. The TAB Firm is responsible to and shall submit all reports directly to the Engineer and/or Architect. F. TAB services shall result in the optimum temperature, airflow and noise levels in the conditioned spaces of the project. G. The following basic components of the HVAC systems shall be tested, adjusted and balanced: 1. Air Distribution Systems 2. Air Moving Equipment 3. Heating Systems (HVAC) 4. Control Systems Verification (as applicable) H. Airflow at air devices shall be balanced to plus or minus 10% from design airflow quantities. 1. Required room pressure relationships shall be maintained. 2. After final balancing to within 10% of design, the TAB Firm shall adjust airflow quantities to achieve room pressure. 3. Contact Engineer of Record if necessary for Clarification. I. Document Review 1. The TAB Firm shall be responsible for reviewing the HVAC plans and specifications relating to the TAB services for proper arrangement and adequate provisions of devices for testing and balancing. 2. TAB Firm shall review all balancing and measuring device locations shown or specified in the Contract Documents. TAB Firm shall coordinate with Mechanical Contractor for additional desired devices to be installed in order to complete work. 3. TAB Firm shall review HVAC manufacturer's submittal data relative to balance ability. 4. TAB Firm shall review submitted HVAC automatic temperature control sequences for conformity to the specifications. J. Prior to Construction, TAB Firm shall review documents and notify Mechanical Contractor of required locations for balancing devices for TAB Firm to perform work. K. Prior to system start-up, the TAB Firm shall inspect the system installation and verify that all necessary balancing and measuring devices are provided at all locations to perform a complete system balance. 230593 - 2 Testing, Adjusting, and Balancing Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services L. Test and Balance Firm shall witness the performance of each unit’s sequence of operation. Documentation of this process shall be included in the final Test and Balance Report. M. A digital copy in PDF format of final report shall be submitted to the Owner or his representative indicating a summary of actual operating data and any abnormal operating conditions. The report will contain all required information as described within this specification. 1.2 SERVICES OF THE MECHANICAL AND PLUMBING CONTRACTORS A. The Mechanical and Plumbing Contractors shall start up and test all materials and equipment which normally require testing. All piping, etc., shall be tested to meet code requirements or the specification requirements, whichever is the more stringent. All equipment shall operate a sufficient length of time at the Mechanical or Plumbing Contractor's expense to prove to the Engineer and/or Owner that the equipment is free from mechanical defects, runs smoothly and quietly and performs satisfactorily to meet the requirements set forth in the mechanical and plumbing plans and specifications. B. In order that all HVAC and plumbing systems can be properly tested, adjusted and balanced, the Mechanical Contractor and Plumbing Contractor shall operate the HVAC and plumbing systems at his expense for the length of time necessary to properly verify their completion and readiness for TAB, and shall further operate and pay all costs of operation during the TAB period. Operating expenses to be paid for by the Mechanical and Plumbing Contractor will include, but not necessarily be limited to, the following: 1. Utility costs; electrical, water, gas, etc. 2. Personnel costs to start, operate and stop all HVAC equipment. 3. All start-up labor and material costs. 4. All maintenance costs. 5. Water treatment C. The plans and specifications have indicated valves, dampers and miscellaneous adjustment devices for the purpose of testing and balancing the HVAC and Plumbing systems to obtain optimum operating conditions. It will be the responsibility of the Mechanical Contractor and Plumbing Contractor to install these devices in a manner that will leave them accessible and readily adjustable. The TAB firm shall be consulted if there is a questionable arrangement of a control or adjustable device. Should any such device not be readily accessible, the Contractor shall provide access as required by the TAB firm. D. Not every measuring and balancing device desired by the TAB may be indicated or noted on the Construction Documents. Prior to system start-up, the Mechanical Contractor and Plumbing Contractor shall coordinate with the TAB firm. Mechanical or Plumbing Contractors shall install, at no additional cost to Owner, any balancing dampers, temperature and pressure test ports, etc. as requested by the TAB Firm to perform complete system balance. E. The Mechanical Contractor and Plumbing Contractors shall provide and coordinate the services of qualified, responsible sub-contractors, suppliers, and personnel as required to correct, repair or replace any and all deficient items or conditions found before and during the TAB period. F. As a part of this Project Contract, the Mechanical Contractor and Plumbing Contractor shall make any changes in the sheaves, belts, motors, dampers, valves, pump impellers or the addition of dampers and/or valves as required to correctly balance the HVAC systems as required by the TAB firm at no additional cost. G. Provide sufficient time in Project Contract completion schedule to permit the completion of TAB services prior to Owner occupancy of the Project. 230593 - 3 Testing, Adjusting, and Balancing Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services H. The Mechanical Contractor and Plumbing Contractor shall furnish without charge to the TAB Firm: 1. One set of their disciplines specifications and all addenda. 2. All pertinent change orders. 3. Two complete sets of their disciplines plans with latest revisions. 4. "As-installed" drawings. 5. Approved control diagrams and submittals. 6. Approved manufacturer's submittals for all equipment. I. The Mechanical Contractor and Plumbing Contractor shall have all HVAC and Plumbing systems complete and in operational readiness prior to notifying the TAB Firm that the project is ready for TAB services. So certify in writing to the Architect/Engineer and/or Owner that such a condition exists. Complete operational readiness prior to commencement of TAB Services shall include the following: 1. Construction status of building shall permit the closing of doors and windows, ceilings installed, etc., to permit the obtaining of projected actual operating conditions. 2. Air Distribution Systems: a. Verify installation for conformity to design of all supply, return and exhaust ducts. Document and certify that all duct leakage tests as required by the mechanical specifications have been performed and the test results are within specified limits. b. Verify that all volume dampers are properly located, functional and open. c. Verify that minimum outside air, maximum outside air, return air and relief air dampers provide tight closure, open fully and have smooth and free operation. d. Verify that all supply, return, exhaust and transfer diffusers, grilles and registers are installed as indicated on the mechanical plans. e. Verify that the correct size and type of terminal boxes are installed as indicated on the mechanical plans, and that they are operational. f. Verify that all built-up air handling systems, air handling units, etc. and associated apparatus such as heating coils, cooling coils, filter sections, etc., have been blanked and sealed to eliminate bypass air around the coils, filters, etc. or leakage of air into or out of the unit. g. Install clean filters at each air handling unit and maintain these filters for the complete period that the subject system is being tested, adjusted, and balanced. h. Verify that all supply fans are operational including: proper fan rotation, free from vibrations and proper belt tension. i. Verify that all motor starter overload heater elements are of proper size and rating. j. Make a record of actual motor amperage and voltage and verify that they do not exceed nameplate ratings. 3. Water Circulating Systems: a. Check and verify pump alignment and rotation. b. Open all valves to full open position. Set balancing valves to full flow through system components. Flush system as specified in other sections of the specifications. Circulate water through system for a sufficient time to verify flow through all system components. Remove and clean all strainers. Repeat operation until circulating water systems are clean. c. All water circulating systems shall be full of water and free of air; expansion tanks set for proper water level; systems set to proper operating pressure. d. Make a record of actual motor amperage and voltage and verify that they do not exceed nameplate ratings 4. Automatic Controls: a. Verify that all control components are installed in accordance with project requirements and are functional, including all electrical interlocks, damper sequences, air and water resets, firestat, safeties, etc. 230593 - 4 Testing, Adjusting, and Balancing Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services b. Verify that all controlling instruments are calibrated and set for designed operating conditions with the exception of room thermostats or sensors which shall be calibrated at the completion of TAB services with cooperation between TAB Firm and controls contractor. J. The scope of the TAB work as defined herein is indicated in order that the Mechanical Contractor will be apprised of his responsibility regarding the coordination and assistance required to complete the Project Requirements for final TAB. The TAB Firm will be responsible to the Engineer and/or Owner for the satisfactory execution of the TAB services. 1.3 SERVICES OF THE TAB FIRM A. TAB Firm Qualifications 1. The Firm shall be one which is organized to provide professional testing, adjusting and balancing services. 2. The Firm will have operated a minimum of five (5) years, under its current Firm name. B. TAB Firm Responsibilities 1. Liaison: The TAB personnel on the job shall act as liaison between the Engineer, Owner and Contractor. 2. Early Inspection: Inspect the installation of mechanical piping systems, sheet metal work, temperature controls and other component parts of the HVAC systems during the construction phase relating to proper arrangement and adequate provisions for TAB. Prior to system start-up, TAB Firm shall notify Mechanical Contactor if any additional balancing dampers, temperature and pressure test ports, etc. are necessary to perform a complete system balance. 3. TAB Firm shall develop Deficiency Report of observed items that prevent the HVAC system from properly functioning or being balance. A copy of Deficiency Report shall be provided to the Mechanical Contractor, General Contractor, and Architect. C. TAB Firm Services 1. The TAB personnel shall test and balance the HVAC systems to provide optimum temperature, airflow and noise conditions in the conditioned spaces in the building while the HVAC equipment is operating efficiently. 2. The Firm shall be responsible for testing, balancing and logging actual data on all air distribution and air moving equipment, pumps, heating and cooling equipment and the operating conditions of all motors, etc. as indicated in this specification. a. Rooftop Units: 1). Verify that the outside, return and relief air dampers (if applicable) are operational and move freely. 2). Verify that filters are clean. 3). Verify correct fan rotation. 4). If belt driven, verify proper belt tension and that fan and motor sheaves are properly aligned. 5). Verify that all AHU safeties are operational (smoke detector). 6). Verify correct size and rating of motor overload protection. 7). Verify fan motor is not overloaded; amperage readings do not exceed motor nameplate rating. 8). Determine total supply and return air. Air quantities to be determined by duct traverse if duct configuration permits and air velocity is 1000 feet per minute or greater. 9). Balance air distribution system (see Air Distribution Devices). 10). If air volume is less than design and motor capacity is available, adjust fan or fans to supply and return design CFM. If new sheave or sheaves and belts are required, data will be submitted to the Mechanical Contractor for replacement. 230593 - 5 Testing, Adjusting, and Balancing Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 11). If applicable, determine the required static pressure and submit the static pressure control setpoint to control contractor for setting. 12). Test and balance the minimum outside air and return air CFM relationship to design. 13). Test and record entering and leaving air temperature of heating coil to verify design heating capacity, if applicable. 14). Verify all temperature control devices are set and calibrated at design setpoint. 15). Verify that overall area served by the RTU is positively pressurized with respect to outside. Adjust outside air and return/relief airflows as required. b. Air Distribution Devices: 1). Preset all volume dampers in the 100% open position. 2). Determine and verify proper air pattern deflection devices have been installed. Verify airflow direction is as noted on Contract Drawings, if applicable. 3). Read out all air distribution devices served by their source (Fan Coil Unit, Constant Volume Roof Top Unit, Supply Fan, Exhaust Fan, etc.). 4). Balance all air distribution devices proportional to design CFM. 5). Balance source to design CFM. 6). Verify that all air distribution devices are within plus or minus 10% of design. c. Supply/Exhaust Fans: 1). Verify correct fan rotation. 2). If belt driven, verify proper belt tension and that fan and motor sheaves are properly aligned. 3). Verify that all safeties and interlocks are operational. 4). Verify correct size and rating of motor overload protection. 5). Verify fan motor is not overloaded; amperage readings do not exceed nameplate rating. 6). Determine total air. Air quantities to be determined by duct traverse if duct configuration permits and air velocity is 1000 feet per minute or greater. 7). If air volume is less than design and motor capacity is available, adjust fan to design CFM. If new sheave or sheaves and belts are required, data will be submitted to the Mechanical Contractor for replacement. 8). Balance air distribution system (see Air Distribution Devices). d. Pumps: 1). At the time the contractor removes the strainers, verify that they are clean and proper type. 2). Verify correct pump rotation. 3). Verify correct sizing of each motor overload protection. 4). Verify pump motors are not overloaded; amperage readings do not exceed motor nameplate rating. 5). Preset all manual valves at pumps and heat transfer devices to 100% open position. 6). Set all balancing valves to 100% flow position. 7). Determine total GPM by measuring actual pumping head of pump and relate to manufacturer's curves. 8). If GPM is above design and the mechanical specifications indicate the pump impellers are able be trimmed to provide design GPM, data shall be furnished in order that the Contractor can trim the impeller or impellers. If not, discharge balancing valve at each pump should be adjusted as required to obtain design GPM as related to the manufacturer's curves. 9). Verify all temperature control devices are set and calibrated at design setpoint. 10). Verify all interlocks and flow switches. e. Domestic Hot Water Balancing Valves: 1). Determine sequence of operation from the specifications and verify that all control devices are installed and operational. 2). Set circulating pump flow volume as specified (see Pumps). 230593 - 6 Testing, Adjusting, and Balancing Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3). Balance water distribution system balancing valves to within 10% of flow rates listed on Contract Drawings. 4). Measured temperature at domestic hot water balancing valve at connection to return line. Adjust flow through valve to maintain a minimum return temperature of 115ºF at Valve 3. During the balancing process, all abnormalities or malfunctions of equipment or components discovered by the TAB personnel, shall be reported promptly to the Architect/Engineer, Owner, General Contractor, Mechanical Contractor, and Plumbing Contractor so that the condition can be corrected expediently. After corrective measures are completed, perform any additional balancing required, as a result of the corrections. 4. The temperature controls shall be verified for calibration and proper relationship between control devices. The Contractor shall be advised of any instruments out of calibration so that the Automatic Temperature Controls Contractor can recalibrate, using data supplied by the TAB Firm. The Controls Contractor shall assist the TAB Firm as required. 5. If comfort and/or required conditions are not being maintained after testing and balancing to design conditions, the HVAC system shall be rebalanced within the limitations of the equipment installed to obtain comfort and/or required conditions. The design intent is to provide air conditioning equipment to meet the design criteria. Conditions may vary from the initial design criteria, which could include but not be limited to, general construction, mechanical installation, actual occupancy conditions, etc. It is the intent of this specification that the maximum capacity of the equipment installed be utilized to compensate for these variations in trying to obtain comfort and/or required conditions. If comfort and/or required conditions cannot be obtained, submit a report giving specific data regarding the problem condition. 6. Make a total of three (3) inspections within ninety (90) days after occupancy of the building, and rebalance if required, to insure that satisfactory conditions are being maintained throughout. Inspections to be coordinated with Architect/Engineer and Owner and shall be documented with a supplemental report containing data and information as required. 7. Make an inspection during the opposite season from that in which the initial balancing was made and at that time make any necessary modifications to the initial adjustment required to produce optimum operation of the systemic components to produce the proper conditions in each conditioned space. The opposite season inspection shall be coordinated with the Architect/Engineer and Owner. This inspection shall be documented with a supplemental report containing any pertinent data and information regarding any modified balance. 8. Make an inspection one (1) year from date of occupancy to make any necessary modifications to the initial adjustment required to produce optimum operation of the systemic components to produce the proper conditions in each conditioned space. The inspection shall be coordinated with the Architect/Engineer and Owner. This inspection shall be documented with a supplemental report containing any pertinent data and information regarding any modified balance. D. The TAB Report 1. The TAB report shall incorporate all performance data for the HVAC systems. The intent of the final report is to provide a reference of actual operating conditions for the Owner's operating personnel. 2. All measurements and recorded readings (of air, water, electricity, etc.) that appear in the report must be made on site by the permanently employed technicians or engineers of the TAB Firm. 3. The TAB report shall include but not be limited to the following: a. Title b. Index c. Preface: A general discussion of the system, an outline of normal and ventilation modes of operation, any unusual operating conditions and any deficiencies not corrected. 230593 - 7 Testing, Adjusting, and Balancing Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services d. Instrumentation List: A list of instruments used by type, model, range and calibration date. All instruments must be calibrated within 6 months prior to starting date of TAB services. Calibration of instruments shall be maintained throughout the TAB services. e. Data: All test and balance data indicating design and actual conditions of operation for each device and/or piece of HVAC equipment. f. Rooftop Units: 1). Manufacturer, model, size and serial number. 2). Design and actual CFM (Supply, Return and Outside). 3). Design and actual RPM. 4). Static pressure entering and leaving filters, coils and fan. 5). Motor nameplate data. 6). Motor starter data and motor overload protection size and rating. 7). Actual motor amperage and voltage (all phases). 8). Filter; type, size and quantity. g. Air Distribution Devices: 1). Manufacturer, model and size. 2). Location. 3). Design and actual CFM (cooling and heating). 4). Air distribution devices where a velocity indicating instrument is used to determine CFM; required and actual velocity in FPM. (When hood used to determine CFM, only CFM recorded.) h. Supply/Exhaust Fans: 1). Manufacturer, model and size. 2). Design and actual CFM. 3). Design and actual RPM. 4). Design and actual static pressure. 5). Motor nameplate data. 6). Motor starter data and motor overload protection size and rating. 7). Actual motor amperage and voltage (all phases). E. Instructions to Operating Personnel 1. TAB Firm shall instruct the operating personnel regarding the following: a. Systems Operation. b. Unusual Operating Conditions. c. System Troubleshooting Procedures. F. Guarantee 1. Provide extended warranty of twelve (12) months after occupancy during which time the Engineer and/or Owner may, at his discretion, request check of the balance of any HVAC equipment. Provide TAB technicians to assist as required in making such tests. When any device is found not balanced in accordance with the mechanical plans and specifications, that HVAC system shall be completely rebalanced as directed by the Architect/Engineer and/or Owner at the TAB firm's expense. END OF SECTION 230713 - 1 Ductwork Insulation Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 07 13 DUCT INSULATION PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish and install duct insulation for a complete and code compliant system. 1. Duct insulation. 2. Jacketing and accessories. B. Internal duct liner shall NOT be permitted. 1.2 REFERENCES A. ASTM International (ASTM). B. American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc. (ASHRAE). C. North American Insulation Manufacturers Association (NAIMA.) D. National Fire Protection Association (NFPA). E. Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA). F. Underwriter’s Laboratories (UL). G. Greenguard. H. Greenseal. 1.3 DEFINITIONS A. Thermal Conductivity (k-value) : BTU-in./ (hr•ft²•°F) B. Greenguard: Greenguard Environmental Institute, independent testing of products for emissions of respirable particles and Volatile Organic Compounds (VOCs), including formaldehyde and other specific product-related pollutants. Provides independent, third-party certification of IAQ performance. Certification is based upon criteria used by EPA, OSHA and WHO. C. Greenseal certified low VOC limits. D. IAQ: Indoor Air Quality E. EPA: Environmental Protection Agency F. WHO: World Health Organization G. ASJ: All Service Jacket H. SSL: Self-Sealing Lap I. FSK: Foil-Scrim-Kraft; jacketing J. PSK: Poly-Scrim-Kraft; jacketing K. PVC: Polyvinyl Chloride L. FRP: Fiberglass Reinforced Plastic. 230713 - 2 Ductwork Insulation Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.4 SUBMITTALS A. Product data: To include product description, manufacturer's installation instructions, types and recommended thicknesses for each application, and location of materials. B. Samples and mock-ups of systems shall be provided as required. 1.5 QUALITY ASSURANCE A. Fire Test Response Characteristics: Insulation and related materials shall have fire test response characteristics indicated, as determined by testing identical products per ASTM E 84, by a testing and inspecting agency acceptable to authorities having jurisdiction. Factory label insulation and jacket materials and adhesive, mastic, tapes and cement material containers with appropriate markings of applicable testing and inspecting agency. 1. Insulation installed indoors: Flame-spread index less than 25 and smoke-developed index less than 50. 2. Insulation installed outdoors: Flame-spread index of 75 or less, and smoke-developed index of 150 or less. B. Maintain ambient conditions required by manufacturers of tapes, adhesives, mastics, cements and insulation materials. C. Follow manufacturer’s recommended handling practices. D. Supply fiberglass products that assure excellent IAQ (Indoor Air Quality) performance through Greenguard Certification whenever possible. E. Fiber Glass and Mold: Fiber glass insulation is not a food source for mold growth. However, mold can grow on almost any material when it becomes wet and contaminated with organic materials. Carefully inspect any insulation that has been exposed to water. If it shows any sign of mold growth it must be discarded. If the material is wet but shows no sign of mold, it should be dried rapidly and thoroughly. If it shows signs of facing degradation from wetting, it should be replaced. Air handling insulation used in the air stream must be discarded if exposed to water. 1.6 REGULATORY REQUIREMENTS A. All ductwork insulation shall comply with the International Energy Conservation Code. B. Ductwork insulation installed within the building’s insulation envelope shall have a minimum R-6 insulating value. C. Ductwork insulation installed outside the building’s insulation envelope have a minimum R-12 insulating value. D. Products shall not contain asbestos, lead, mercury or mercury compounds. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Owens Corning B. Johns Manville C. Knauf D. CertainTeed 230713 - 3 Ductwork Insulation Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.2 EXTERNAL INSULATION MATERIALS A. Flexible Fiber Glass Blanket: 1. Duct Wrap meeting ASTM C 553 Types I, II and III, and ASTM C 1290; Greenguard compliant; flexible, limited combustible. a. K-value: ASTM C 177, 0.29 at 75ºF mean temperature. b. Maximum Service Temperature: faced: 250ºF; unfaced: 350ºF. 2. Vapor Retarder Jacket: FSK or PSK conforming to ASTM C 1136 Type II. 3. Installation: Maximum allowable compression shall be 25%. 4. Securement: Secured in place using outward cinching staples in combination with appropriate pressure sensitive aluminum foil or PSK tape, or in combination with glass fabric and vapor retarder mastic. 5. Density: a. Concealed Areas: Minimum 0.75 PCF. b. Exposed Areas: Minimum 1.0 PCF. B. Rigid Fiber Glass Exterior Board: 1. Insulation Board meeting ASTM C 612 Type IA and IB; rigid. 2. Maximum Service Temperature: 450ºF. 3. Concealed Areas: a. Density: Minimum 3 PCF. b. K-value: ASTM C 177, 0.23 at 75ºF mean temperature. c. Vapor Retarder Jacket: ASJ conforming to ASTM C 1136 Type I, or FSK or PSK conforming to ASTM C 1136 Type II. 4. Exposed Areas: a. Density: Minimum 6 PCF. b. K-value: ASTM C 177, 0.22 at 75ºF mean temperature. c. Vapor Retarder Jacket: ASJ conforming to ASTM C 1136 Type I, or FSK or PSK conforming to ASTM C 1136 Type II in combination with protective jacket where necessary. C. Closed Cell Insulation: 1. Closed cell elastomeric, flexible insulation in sheet form, equal to AP Armaflex. Insulation shall meet requirements of ASTM C534. 2. Insulation material shall have closed cell structure to prevent moisture from wicking. Insulation shall be manufactured without the use of CFCs, HFCs, or HCFC, shall be formaldehyde free, low VOCs, fiber free, duct free and resists mold and mildew. 3. Material shall have a flame spread index of less than 25 and a smoke developed index of less than 50 when tested in accordance with ASTE E84. During test, product shall not melt or drip flaming particles. Flame shall be progressive. 4. Materials shall have minimum thermal conductivity K value of 0.25 btu-in/h-ft2-F mean temperature when tested in accordance with ASTM C177 or ASTM C518. 5. Materials shall have a maximum water vapor transmission of 0.08 perm-inches when tested in accordance with ASTM E96. D. Fiberglass Ductwork is not permitted. 2.3 OUTDOOR DUCTWORK JACKETS A. Field Applied: 1. Aluminum Jacket: 0.016” thick in smooth, corrugated, or embossed finish with factory applied moisture barrier. Overlap shall be 2 inches minimum. 2. PVC Jacket: Proto Corporation Indoor/Outdoor, UV-resistant, white. Closure shall be solvent weld adhesive or per manufacturer’s recommendations. 3. Laminated Self-Adhesive Water and Weather Seals: applied per manufacturers’ recommendations. 230713 - 4 Ductwork Insulation Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services B. Factory Applied: 1. VentureClad Duct Jacketing System. a. 5-ply weather and abuse resistant with self sealing lap. b. Zero permeability per ASTM E96-05. c. Puncture resistance 35.4 kg per ASTM D1000. d. Tear strength 4.3 lb per ASTM D624. e. Thickness 14.5 mils. f. Tensile strength 68 lb/inch width. C. Closed Cell Insulation: 1. Laminate composite layer of foil and polymer, 5 mils thick, shall be factory bonded to closed cell insulation. Material shall be weather and UV resistant. 2. Coating shall be silver or white and shall be equal to ArmaTuff by Armaflex. 3. Install with sealant per manufacturer’s instructions. D. Either ductwork or insulation shall be installed so as to shed water and not allow standing water. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that all ductwork and equipment are tested and approved prior to insulation installation. B. Verify that all surfaces are clean, dry and without foreign material before applying insulation materials. 3.2 GENERAL INSULATION REQUIREMENTS A. All materials shall be installed by skilled labor regularly engaged in this type of work. All materials shall be installed in strict accordance with manufacturer’s recommendations, building codes, and industry standards. B. Locate insulation and cover seams in the least visible location. All surface finishes shall be extended in such a manner as to protect all raw edges, ends and surfaces of insulation. C. On cold surfaces where a vapor retarder must be maintained, insulation shall be applied with a continuous, unbroken moisture and vapor seal. All hangers, supports, anchors, or other projections secured to cold surfaces shall be insulated and vapor sealed to prevent condensation. D. All duct insulation shall be continuous through walls, ceiling or floor openings, or sleeves except where firestop or firesafing materials are required. E. Install multiple layers of insulation with longitudinal and circumferential joints staggered. 3.3 EXTERNAL FIBER GLASS DUCT WRAP A. Install Duct Wrap to obtain specified R-value using a maximum compression of 25%. B. Firmly butt all joints. C. The longitudinal seam of the vapor retarder must be overlapped a minimum of 2 inches. D. All penetrations and damage to the facing shall be repaired using pressure sensitive tape matching the facing, or mastic prior to system startup. Pressure sensitive tapes shall be a minimum 3 inches wide and shall be applied with moving pressure using a squeegee or other appropriate sealing tool. Closure shall have a 25/50 Flame Spread/Smoke Developed Rating per UL 723. 230713 - 5 Ductwork Insulation Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services E. Duct Wrap shall be additionally secured to the bottom of rectangular ductwork over 24” wide using mechanical fasteners on 18” centers. Care shall be exercised to avoid over compression of the insulation during installation. Unfaced Duct Wrap shall be overlapped a minimum of 2 inches and fastened using 4” to 6” nails or skewers spaced 4” apart, or secured with a wire/banding system. Care shall be exercised to avoid damage to the Duct Wrap. 3.4 DUCTWORK INSULATION SCHEDULE A. Install ductwork per the following schedule. B. Internal duct liner shall not be permitted. C. Ductwork outside the building insulation envelope shall have a minimum installed R-Value of 12.0. D. Install outdoor ductwork jacket at exterior locations exposed to the elements. END OF SECTION DUCT SERVICE INSULATION TYPE INSULATION THICKNESS (INCHES) Air Conditioning Supply and Return External Duct Wrap or Board with Vapor Barrier R6 R6 External Wrap = 2” R6 External Board = 1.5” Outside Air and Combustion Air Ductwork External Duct Wrap or Board with Vapor Barrier R12 External Wrap = 3” Exhaust Ductwork None None All Ductwork Outside Building Insulation Envelope External Duct Board Closed Cell Insulation R12 R12 External Board =3” R12 Closed Cell = 3” 233113 - 1 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 31 13 METAL DUCTS PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish and install ductwork and vents shown on Contract Drawings to industry standards as part of a complete, functional, code compliant system. B. Contractor shall verify dimensions at site, make field measurements and coordinate with other trades to produce ductwork shop drawings necessary for fabrication and installation. C. Duct sizes indicated on Contract Drawings are clear inside dimensions. Contract Drawings do not show every duct transition, offset or exact equipment location. Exact system installation locations are based on Contractor’s shop drawings. D. Duct sizes indicated on Contract Drawings may be adjusted, while maintaining equal free airflow area and following SMACNA aspect ratio guidelines. E. All combustion air intakes and equipment exhaust vents shall be furnished and installed by the Mechanical Contractor. Coordinate with the Plumbing Contractor. F. All ductwork and fittings must have a computer generated label affixed to each section detailing all applicable information including the duct dimensions, gage, reinforcement type/class, and connector type of systems manufacturer. In addition, galvanizing thickness and country of origin must be clearly stenciled on each duct section. G. Depending on space available at each 90 degree elbow location, the Mechanical Contactor may choose to use either a radius elbow fitting or a rectangular elbow fitting with turning vanes. H. Internal duct liner in NOT permitted. 1.2 GENERAL CONTRACTOR DUCTWORK PREPARATION REQUIREMENTS A. Mechanical Contractor shall coordinate with General Contractor for Ductwork Preparation Requirements. 1.3 DESIGN AND INSTALLATION CRITERIA A. All products shall conform to NFPA 90A, and shall have a flame spread rating less than 25 and a smoke developed rating less than 50. B. Ductwork and installation shall comply with the International Mechanical Code and any applicable local, state, and federal code. C. Construct and install ductwork to meet functional criteria defined in Sheet Metal and Air Conditioning Contractors National Association, Inc. Section 11, 2005 SMACNA “HVAC Duct Construction Standards, Metal and Flexible,” Third Edition, except as noted: 1. All ductwork will not exceed the deflection limits established in The Uniform Mechanical Code Standard 6-1: Standard for Metal Ducts, 1997 Edition. 2. Ductwork installation and supports shall meet SMACNA Standards. D. All ductwork shall be minimum 26 gage galvanized steel. E. Ductwork Classification: 1. Low Pressure ducts shall be defined as between negative 2 inches water gauge WG and positive 2 inches water gauge WG. 2. Medium Pressure ducts shall be defined as less than negative 2 inches water gauge WG or greater than 2 inches positive water gauge WG. 233113 - 2 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3. Refer to Duct Schedule in Part 3. F. Duct dimensions shown on Contract Drawings are clear inside dimensions. G. Duct transverse joints and reinforcement material, including angle ring flanges and stiffeners, shall be of same material as duct. H. Refer to Ductwork Insulation Section for internal duct liner specification and locations. I. Fiberglass ductwork is not permitted. 1.4 SUBMITTALS A. Prior to fabrication or installation, Contractor shall submit ductwork shop drawings for Engineer review and approval. Ductwork shop drawings shall include all actual duct dimensions, offsets, elevations, etc. that have been coordinated with field conditions and other trades. B. Submit duct materials, fabrication methods, supports, and sealants. PART 2 - PRODUCTS 2.1 METAL DUCT MATERIALS A. Galvanized Steel: Cold rolled, open hearth soft steel sheet capable of double seaming without fracture, ASTM A924 or ASTM A653. Galvanized coating shall be G90. B. Aluminum: Aluminum alloy, ASTM B209, Type 3003H-14 capable of double seaming without fracture. C. Stainless Steel: Type 316, cold rolled, annealed, pickled, ASTM A240 and A480, Finish No. 2B for concealed work and Finish No. 4 for exposed work. 2.2 FLEXIBLE DUCT A. General: 1. Factory fabricated, UL listed under UL-181 as Class 1 duct, meeting requirements of NFPA 90A with flame spread less than 25 and smoke developed rating less than 50. City of Chicago Approved. 2. Flexible duct shall be nonmetallic insulated type composed of chlorinated polyethylene (CPE) liner permanently bonded to a coated spring steel wire helix and support a fiberglass insulation blanket. 3. Insulation shall be minimum R6 fiberglass insulation blanket with maximum thermal conductance of 0.23 K at 75°F. Vapor barrier jacket shall be aluminum foil reinforced, polyethylene, or polyester film with minimum perm rating of 0.05 perm. Refer to Duct Insulation section for required duct insulating values. 4. Equal to Thermaflex Model MKE. 5. Insulation material shall not be exposed to air stream. 6. Acceptable Manufacturers: Thermaflex, Casco, Flexmaster. B. Metal Flexible Duct: 1. Flexible duct shall be continuous aluminum metal inner liner flexible ducting constructed entirely without the use of adhesive. 2. Flexible metal duct shall include fiberglass insulation blanket with vapor barrier. 3. Equal to Thermaflex Model TL-M. 233113 - 3 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.3 LOW PRESSURE DUCTS A. Except where otherwise noted, low pressure ductwork shall be constructed of minimum 26 gage sheet metal as follows: B. Rectangular Ducts: 1. Rectangular ducts shall be fabricated with gages, bracing of joints and construction details in accordance with SMACNA guidelines. 2. Uninsulated panels 13 inches or more in width shall be without bead construction or cross break. 3. Fabricate square elbows where shown and include factory fabricated turning vanes per SMACNA guidelines. 4. All changes in direction with rounded elbows having a centerline radius equal to 1½ times the width of the duct in the plane of the bend. 5. Fabricate transitions in duct shape or dimension with gradual slopes on all sides. Increase or decrease the duct dimension in the direction of airflow with a maximum slope of 1 inch in 7 inches on any side. C. Spiral Round Ducts – Concealed and Exposed Applications: 1. Single Wall: a. Ducts shall be machine formed round, constructed of galvanized steel meeting ASTM A653. b. Duct and fittings shall be suitable for positive 10” WG. c. Use spiral lock seam construction. d. Use fittings as specified and as required in accordance with manufacturer's published data. e. Duct connections shall be slip type with minimum 2" insertion length or flanged joint in accordance with manufacturer's recommendations. f. When flange joints are required, use angle rings welded to duct. Spiralmate and Ovalmate Connector Systems as manufactured by Ductmate Industries are acceptable. Accuflange or SPOT Flange type connectors are also acceptable. g. Internal bracing is not allowed. 2. Double Wall (insulated): a. Ducts shall be machine formed round, constructed of galvanized steel meeting ASTM A653. b. Duct and fittings shall be suitable for positive 10” WG. c. Use spiral lock seam construction. d. Inner liner shall be perforated or solid as indicated, and annular space shall be filled with fiberglass insulation. Refer to Section 15260 for insulation thickness. e. Use fittings as specified, and as required in accordance with manufacturer's published data. D. Round Ducts with Longitudinal Seams – Concealed Locations Only: 1. Low Pressure rectangular or round duct may used to following longitudinal seam self locking methods per SMACNA Guidelines: a. Snap Lock. b. Pittsburgh lock seam. c. Modified Reeves. 2. When a SMACNA seal class A or B is specified, the longitudinal seam shall be sealed with an approved sealant or pre-sealed with an encapsulated mastic or butyl E.P.D.M. rubber on all rectangular duct and round self-locking longitudinal round pipe. a. Equal to Ductmate Industries “Green Seam or Green Seam Plus” self-locking longitudinal round pipe. 233113 - 4 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.4 MEDIUM PRESSURE DUCTS A. Except where otherwise noted, medium pressure ductwork shall be constructed of minimum 26 gage sheet metal as follows: B. Rectangular Ducts: 1. Rectangular ducts shall be fabricated and reinforced based on SMACNA guidelines. 2. Completed systems shall be tested for leakage as described in Part 3. C. Oval or Round Ducts: 1. All round or oval medium pressure ductwork and fittings shall be factory fabricated with spiral lock seams in accordance with SMACNA guidelines. 2. Duct joints shall be self-sealing coupling type, flange type, welded outside sleeve type, swedge (bell) type or Spiralmate or Ovalmate angle rings. 3. For round dust collection systems 3 inch to 14 inch, use a one piece female connector system with a polyethylene lined gasket. Connector system shall have a single or double bolt built into connector to facilitate easy removal. Quicksleeve manufactured by Ductmate Industries or approved equal. 4. Fittings shall be manufactured from galvanized steel meeting ASTM A-527-71 in the following gages: Diameter Gage 3"-8" 22 9"-36" 20 2.5 RECTANGULAR TRANSVERSE JOINT CONNECTORS A. Slide-on Transverse Joint Connectors: Prefabricated slide-on transverse duct connectors and components shall be accepted. Duct constructed using prefabricated systems shall refer to the manufacturer guidelines for sheet gauge, intermediate reinforcement size and spacing, and proper joint reinforcement(s). Equal to Connection Systems as manufactured by Ductmate Industries or W.D.C.I. B. Formed-on Flanges: 1. Formed on flanges shall be accepted for use on ductwork 42 inches wide or less and subjected to 2 inch static positive pressure or less. 2. Formed-on flanges shall be constructed as T-25 A/B flanges, of which the construction guidelines are given in Figure 1-4 of the 2005 SMACNA “HVAC Duct Construction Standards, Metal and Flexible”. No other construction standards pertaining to formed on flanges will be accepted. 3. Formed-on flanges must include the use of corners, bolts, cleat and gasket. C. Slips and Drives: 1. Slips and drives connection systems are accepted on ductwork up to 24 inch width and 2 inch static positive pressure or less. 2. Sealing of joints is required. 2.6 DUCT SEALANT AND GASKET A. Joint Sealant/Mastic: 1. All joints, longitudinal and transverse seams, and connections in ductwork shall be securely fastened and sealed with welds, gaskets, or mastics (adhesives). 2. All ductwork sealants shall be installed per SMACNA HVAC Duct Construction Standards. 233113 - 5 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3. Sealant shall be flexible, water-based, adhesive sealant designed for use in all pressure duct systems. After curing, it shall be resistant to ultraviolet light and shall prevent the entry of water, air, and moisture into the duct system. Sealer shall be UL 723 listed and meet NFPA requirements for Class 1 ductwork. Sealant shall contain no V.O.C . 4. Low Pressure Ductwork: UL Classified liquid sealant as compounded specifically for sealing joints and seams in ductwork. 5. Medium Pressure Ductwork: a. Rectangular – All joints shall be sealed with Hard Cast or approved equal. b. Round – Sealant shall be non-hardening, mastic or liquid elastic as compounded by the manufacturer for sealing ductwork joints and seams. 6. Tape or mastic may be used over liquid sealed joint. Duct tapes are not allowed without use of liquid sealant. 7. All mastics and tapes used to seal ductwork shall be listed and labeled in accordance with UL 181. B. Flange Gasket: 1. Flange gaskets shall be a butyl rubber gasket which complies with UL Standard 181 and 723 testing and meets Mil-C 18969B and TTS-S-001657. 2. This material, in addition to the above, shall not contain vegetable oils, fish oils, or any other type vehicle that will support fungal and/or bacterial growth. 3. Equal to Ductmate 440 Butyl gasket tape. 2.7 VENTS AND CHIMNEYS A. General: 1. Refer to equipment manufacturer’s vent category requirements. 2. Category I Appliance: An appliance that operates with a non-positive vent static pressure and with a vent gas temperature that avoids excessive condensate production in the vent. 3. Category II Appliance: An appliance that operates with a non-positive vent static pressure and with a vent gas temperature that may cause excessive condensate production in the vent. 4. Category III Appliance: An appliance that operates with a positive vent static pressure and with a vent gas temperature that avoids excessive condensate production in the vent. 5. Category IV Appliance: An appliance that operates with a positive vent static pressure and with a vent gas temperature that may cause excessive condensate production in the vent. B. Refer to equipment manufacturer’s requirements for combustion air duct. C. Listed Type B Vent - Category I Appliances: 1. Vent shall be double wall, factory built type for use with approved Category I appliances burning natural or LP gas which produce flue gas exhausted at temperatures not exceeding 480 degrees Fahrenheit. 2. UL listed for approved use with heaters, furnaces, and boilers. 3. Construction: a. The outer wall shall be constructed of galvanized steel: 0.018" thick G-90 for sizes 3" to 14"diameter and 0.024" thick G-90 for sizes 16" to 30" diameter. b. The inner wall shall be constructed of aluminum alloy: 0.012" thick for sizes 3" to 8" diameter and 0.018" thick for sizes 10" to 30" diameter. c. The vent includes an integral, annular insulating air space: ¼" thick for sizes 3" to 6" diameter and ½" thick for sizes 7" to 30" diameter. d. Edges of inner and outer walls shall be hemmed prior to final assembly to prevent pipe and fittings from having exposed sharp edges. Walls shall be attached to maintain spacing and prevent separation of inner and outer walls. e. Vent pipe 3 inch through 6 inch diameter shall incorporate a push-tab locking system to prevent disassembly of vent. f. Vent shall be tested and listed for a minimum clearance to combustibles of 1 inch for sizes 3 inch to 24 inch diameter and 2 inches for sizes 26 inch to 36 inch diameter. 233113 - 6 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 4. Install listed rain cap at end of vent. 5. Type B vent shall be equal to Metal-Fab model M with Sure-Lock Locking System. D. Listed AL-29-4C Condensing Vent - Category II, III & IV Appliances: 1. The vent shall be factory-built type for used on condensing appliances or pressurized venting systems serving: a. Category II appliances. b. Category III appliances. c. Category IV appliances. d. Where noted in Contract Drawings. e. When specified by the equipment manufacturer. 2. Maximum discharge temperature for double wall shall not exceed 550 degrees Fahrenheit. Single wall may be used for discharge temperatures not exceeding 200 degrees Fahrenheit. 3. Vent shall be listed for an internal static pressure of 10” w.g. a. Vent size 3 inch through 5 inch diameters shall be tested to 25” w.g. b. Vent size 6 inch through 24 inch diameters shall be tested to 15” w.g. 4. Vent shall be double wall unless noted single wall on Contract Drawings. Double wall vent shall be constructed of an inner and outer wall with a 1 inch annular insulating air space. 5. The inner wall shall be constructed of AL-29-4C, superferritic stainless steel. a. Vent size 3 inch through 12 inch shall have 0.015 inch thickness. b. Vent size 14 inch through 24 inch shall have 0.018 inch thickness. 6. The outer wall shall be constructed of aluminized steel. a. Vent size 3 inch through 12 inch shall have 0.018 inch thickness. b. Vent size 14 inch through 24 inch shall have 0.024 inch thickness. 7. Inner and outer walls shall be connected by means of spacer clips that maintain the concentricity of the annular space and allow unobstructed differential thermal expansion of the inner and outer walls. 8. Parts exposed to the weather shall be 304 stainless steel. 9. All supports, roof or wall penetrations, terminations, appliance connectors and drain fittings, required to install the vent system shall be included. 10. Roof penetration pieces shall be UL listed and provided by the vent manufacturer. Roof curbs shall be required on roofs greater than 12:12 pitch. 11. Vent diameters 3 inch through 5 inch shall be secured by sheet metal screws through casings. Joints shall be sealed with factory installed gaskets. Vent diameters 6 inch through 24 inch inner vent connections shall be secured by means of profiled connector bands with gear clamp tighteners. Joints shall be sealed with P077 Sealant. Where exposed to weather, the outer closure band shall be sealed to prevent rainwater from entering the space between inner and outer walls. 12. Install condensate drain section at locations recommended by vent manufacturer. 13. Vent shall terminate in accordance with manufacturer’s installation instructions and local codes. Provide concentric vent kit when combining with combustion air intake pipe. 14. Listed AL-29-4C condensing vent shall be equal to Metal-Fab model Corr/Guard CG. 2.8 GUYING AND BRACING MATERIALS A. Cable: Four galvanized, stranded wires of the following thickness: 1. Minimum Size: 1/4 inch in diameter. 2. For ID Sizes 4 to 15 Inches: 5/16 inch. 3. For ID Sizes 18 to 24 Inches: 3/8 inch. 4. For ID Sizes 27 to 30 Inches: 7/16 inch. 5. For ID Sizes 33 to 36 Inches: 1/2 inch. 6. For ID Sizes 39 to 48 Inches: 9/16 inch. 7. For ID Sizes 51 to 60 Inches: 5/8 inch. B. Pipe: Three galvanized steel, NPS 1-1/4 (DN 32). C. Angle Iron: Three galvanized steel, 2 by 2 by 0.25 inch. 233113 - 7 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 3 - EXECUTION 3.1 GENERAL A. Fabricate and install duct, fittings, joints, seams, reinforcement, supports, sealing, liner, etc., in sizes indicated on approved shop drawings and in accordance with manufacturer's published data, SMACNA Standards, and International Mechanical Code. B. Install ductwork parallel to building walls and ceilings and at such heights not to obstruct architectural features. Install ductwork to allow adequate maintenance access and service space for equipment. Refer to equipment manufacturer’s recommended clearances. Install vertical ductwork plumb. Where interferences develop in field, offset or reroute ductwork as required to clear such interferences. Make diverging transitions per SMACNA guidelines. C. Install conical taps where connecting round branch ducts to the sides of rectangular ducts. 1. Where space constraints prevent the use of conical taps, straight taps are permitted in Low Pressure duct systems 2 inch WG or less. D. When duct penetrations are unavoidable, provide streamline shaped sleeves around such material penetrations, made airtight at ducts surfaces, except that such sleeves are not required at rods. Where obstructions are of a size to exceed 5% of the duct area, the duct shall be transformed to maintain the same duct area. E. Size round ducts to be installed in place of rectangular based on SMACNA guidelines on equivalent areas. F. Seal duct seams and joints to meet SMACNA Class A as minimum for all ductwork. G. Ductwork shall be free of kinks and dents. Construct ductwork so that interior surfaces are smooth. Internal duct hangers and internal bracing are not allowed. H. Flexible ductwork shall not exceed 6 feet in length. Do not pinch, kink or reduce airflow area. Flexible duct connections shall be perpendicular to air device for smooth airflow. I. Support coils, filters, air terminals, dampers or other devices installed in duct systems with angles or channels, and make all connections to such equipment including equipment furnished by others. Secure frames with gaskets, nuts, bolts and washers. J. At outside air intakes, install duct to pitch to intakes and to drain to outside of building. Solder or seal seams to form watertight joints. Blank off all unused portions of louvers. K. Do not install ductwork over electrical panel boards, switchgear, switchboards or motor control centers. L. When original galvanized finish is altered or damaged, apply cold galvanizing material equal to ZRC Products, Inc. M. Install flexible connection between all equipment and ductwork systems. N. At all rated wall penetrations without a damper, install 2.5 inch 18 gage galvanized metal flange at point of penetration. Install UL Listed firestop per FireStop Section and shall comply with ASTM E814. O. During installation, ductwork openings shall be sealed with plastic to prevent dust and contamination of interior. P. Refer to Ductwork Insulation Section. 233113 - 8 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.2 DUCT SCHEDULE A. General Fabrication Requirements: Comply with SMACNA's "HVAC Duct Construction Standards - Metal and Flexible" based on indicated static-pressure class unless otherwise indicated. Fabricate ducts with galvanized sheet steel except as otherwise indicated and as follows: B. Supply Ducts: 1. Ducts Connected to Fan Coil Units, DX Split Systems, and downstream of Terminal Units: a. Pressure Class: Positive 2-inch wg. b. Minimum SMACNA Seal Class: A. c. SMACNA Leakage Class for Rectangular: 12. d. SMACNA Leakage Class for Round and Flat Oval: 6. 2. Ducts Connected to Constant-Volume Air-Handling Units to Terminal Units or Hot Water Re-Heat Coils: a. Pressure Class: Positive 6-inch wg. b. Minimum SMACNA Seal Class: A. c. SMACNA Leakage Class for Rectangular: 6. d. SMACNA Leakage Class for Round and Flat Oval: 3. 3. Ducts Connected from Variable-Air-Volume Air-Handling Units to Terminal Units: a. Pressure Class: Positive 6-inch wg. b. Minimum SMACNA Seal Class: A. c. SMACNA Leakage Class for Rectangular: 6. d. SMACNA Leakage Class for Round and Flat Oval: 3. 4. Ducts Connected to Equipment Not Listed Above: a. Pressure Class: Positive 2-inch wg. b. Minimum SMACNA Seal Class: A. c. SMACNA Leakage Class for Rectangular: 12. d. SMACNA Leakage Class for Round and Flat Oval: 6. C. Return Ducts: 1. All Return ducts: a. Pressure Class: Positive or negative 2-inch wg. b. Minimum SMACNA Seal Class: A. c. SMACNA Leakage Class for Rectangular: 12. d. SMACNA Leakage Class for Round and Flat Oval: 6. D. Air Handling Unit Plenum Mixing Box: 1. All plenum mixing boxes: a. Pressure Class: Positive or negative 4-inch wg. b. Minimum SMACNA Seal Class: A. c. SMACNA Leakage Class for Rectangular: 6. d. Install additional support bracing as necessary to prevent deflection. E. Exhaust Ducts: 1. Ducts Connected to Fans Exhausting (ASHRAE 62.1, Class 1 and 2) Air: a. Pressure Class: Negative 2-inch wg. b. Minimum SMACNA Seal Class: B if negative pressure, and A if positive pressure. c. SMACNA Leakage Class for Rectangular: 12. d. SMACNA Leakage Class for Round and Flat Oval: 6. 2. Ducts Connected to Equipment Not Listed Above: a. Pressure Class: Positive or negative 2-inch wg. b. Minimum SMACNA Seal Class: B if negative pressure, and A if positive pressure. c. SMACNA Leakage Class for Rectangular: 12. d. SMACNA Leakage Class for Round and Flat Oval: 6. 233113 - 9 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.3 DUCT HANGERS A. Ducts with Long Dimension of 36 inches or Less: 1. One inch wide strips of 16 gage galvanized steel attached to the duct with sheet metal screws and to the construction above. A minimum of two screws per strap shall be utilized; one on the bottom of the duct and one at the topside of the duct. 2. Aircraft cable hanging system with easy lightweight mechanical adjustment system and 5 to 1 safety factor; equal to Ductmate Clutcher Cable Hanging System. B. Ducts with Long Dimension of 37 inches to 60 inches: 1. One inch by 1/16 inch galvanized band iron attached to the duct with sheet metal screws to the construction above. 2. A minimum of two screws per strap shall be utilized; one on the bottom of the duct and one at the topside of the duct. C. Ducts with a Long Dimension Greater than 60 inches: 1. Trapeze consisting of an angle iron cross member supported by 3/8 inch steel rods secured to the construction above. D. Round Ducts up through 18 inch Diameter: 1. One inch wide strips of 16 gage galvanized steel fully encircling the duct and bolted to 1 inch by 1/8 inch galvanized band iron hangers attached to the construction above. 2. Aircraft cable hanging system with easy lightweight mechanical adjustment system and 5 to 1 safety factor; equal to Ductmate Clutcher Cable Hanging System. E. Larger Round Ducts: 1. One inch wide strips of 12 gage galvanized steel fully encircling the duct and bolted to one inch by 1/8 inch galvanized band iron hangers attached to the construction above. 2. Aircraft cable hanging system with easy lightweight mechanical adjustment system and 5 to 1 safety factor; equal to Ductmate Clutcher Cable Hanging System. F. Support vertical ducts passing from one floor to the next at the floor line on angles riveted to the ducts and resting on the floor construction. G. Provide angle iron framing around roof opening where duct penetrates through roof decking, to maintain roof decking structural integrity in accordance with roof decking manufacturer's recommendations. 3.4 VERTICAL DUCT SUPPORTS A. Mechanical Contractor shall install steel angle iron to support vertical ducts. Secure to structure. 3.5 DUCT CLEANING A. Interior surfaces shall be free of dust and debris prior to initial start up. B. When internally cleaning duct work prior to shipment to the jobsite, all duct ends and openings must be covered prior to transporting with a protective film. Film must be securely affixed to protect against dirt and debris and must be translucent to facilitate inspection of interior surfaces without removing film. Film must have a minimum elongation of 600%, contain no VOC and leave no residue on duct after removal. C. Clean external surfaces of foreign substances that might cause corrosion, deterioration of the metal, or where ductwork is to be painted. 3.6 LEAKAGE TEST A. Perform duct leakage testing on all of the following ductwork systems: 1. Pressure rating positive 3 inches WG or greater. 2. Pressure rating negative 3 inches WG or less. 233113 - 10 Metal Ducts Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3. All ducts within vertical rated shaft. Refer to Contract Drawings. B. Leakage test shall be performed in accordance with SMACNA HVAC Air Duct Leakage Test Manual. C. Test pressure shall be equal to duct pressure class. Air leakage shall not exceed limits specified. Do not insulate ductwork until it has been successfully tested. D. All duct testing shall be witnessed and documented by the General Contractor. The Mechanical Contractor shall give a minimum of 72 hours notice prior to testing. Any testing not witnessed by parties indicated, shall be considered invalid and shall be redone at the contractor’s expense. E. Leakage Criteria: 1. Constant Volume Systems: a. Supply Ductwork allowable leakage is 1% of design cfm. b. Return Ductwork allowable leakage is 2% of design cfm. 2. Variable Air Volume Systems: a. Supply Ductwork Fan to Terminal Boxes allowable leakage is 1% of design cfm. b. Terminal Boxes to Registers allowable leakage is 2% of design cfm. c. Return Ductwork allowable leakage is 2% of design cfm. F. Test Procedures: 1. Test installed ductwork prior to installation of access doors, take-offs, etc. 2. Use a certified orifice tube and its corresponding logarithmic chart for measuring the leakage. Supply fan must have a CFM capacity greater than the allowable leakage in CFM for the section being tested. 3. Define section of system to be tested and blank off. 4. Determine the percentage of the system being tested. 5. Using that percentage, determine the allowable leakage (cfm) for the section being tested. 6. Pressurize to operating pressure and repair any significant or audible leaks. 7. Pressurize again and measure leakage. 8. Repeat steps 6 and 7 until the leakage is less than the allowable defined in step 5. END OF SECTION 233300 - 1 Duct Accessories Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 33 00 DUCT ACCESSORIES PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish and install all ductwork accessories as required for a complete air distribution system. 1. Manual Balancing Dampers 2. Control Dampers 3. Flexible Duct Connectors 4. Turning Vanes 5. Duct Access Doors 6. Roof Supports 1.2 REGULATORY A. Products and materials shall conform to NFPA Section 90A, having flame spread rating less than 25 and smoke developed rating less than 50. B. Fire dampers shall conform to NFPA 90A and the requirements of the latest edition of UL Standard 555. Dampers shall be UL Listed with affixed label. C. Smoke dampers shall conform to NFPA 90A and the requirements of the latest edition of UL Standard 555S. Dampers shall be UL Listed with affixed label. 1.3 SUBMITTALS A. Contractor shall submit for approval manufacturer’s product data sheets. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Ruskin B. Greenheck C. Pottorff 2.2 MANUAL BALANCING DAMPERS A. Frame shall be minimum 20 gage roll formed, galvanized steel with beads at each end. Blade shall be minimum 20 gage galvanized steel. Bearings shall be molded synthetic sleeve, turning in hole in frame. Axle shall be minimum 3/8 inch square, plated steel mechanically attached to blade. B. Dampers shall be properly stiffened and fabricated to prevent vibration, flutter or other noise. C. Provide damper operators with locking devices and damper position indicators. Sheet metal screws are not allowed in construction or installation of dampers. Use rivets or tack welds. D. Extend damper shafts through duct insulation. Tie color plastic indicator strip onto handle for easy identification. E. Dampers shall have a temperature rating of 250 degrees Fahrenheit. Closed position maximum pressure capacity shall be 3 inches w.g. 233300 - 2 Duct Accessories Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services F. At inaccessible locations, such as gypsum ceilings or architectural features, furnish cable operated remote controlled volume dampers. 1. Dampers shall be adjustable through the diffuser face with standard tools, providing positive balancing of multiple airflows to maintain design air throw and noise criteria. 2. Galvanized steel radial damper shall be direct actuated by a brass plated rotary cable which is fixed at the damper end in an integral support bracket. Rotary cable shall have a minimum torque service factor of 200% when installed in accordance with manufacturer furnished instructions. Entire assembly shall be furnished as one piece for installation with no linkage adjustment required or miscellaneous small parts. 3. Each unit shall be factory tested as a complete assembly prior to shipment. Accessible cable end shall be secured with a factory furnished nylon clamp, allowing maximum placement flexibility. Positive, direct, two-way damper control shall be provided without sleeves, springs, or screw adjustments. 4. Cable operated dampers shall be equal to Metropolitan Air Technology model Roto-Twist RT-150. 2.3 CONTROL DAMPERS A. Control dampers shall be manufactured by an ISO 9001 accredited manufacturer that meet the following minimum construction requirements: B. Frames shall be 5" x 1" x .125" 6063T5 extruded aluminum hat channel with hat shaped mounting flanges on both sides of the frame. Each corner shall be reinforced with two die formed internal braces and machine staked for maximum rigidity. C. Damper blades shall be airfoil type extruded aluminum for superior pressure drop and low noise generation. Each blade shall be maximum 6 inch depth with integral structural reinforcing tube running full length. Minimum thickness of blade shall be 0.070 inches. D. Blade edge seals shall be flexible and suitable for -72°F to +275°F mechanically locked in extruded blade slots yet easily replaceable in field. Jamb seals shall be flexible stainless steel, compression type to prevent leakage between the end of the blade and the damper frame. Use of blade end to overlap the frame for jamb seal is not acceptable. Adhesive or clip-on type blade or jamb seals are not acceptable. E. Bearings shall be non-corrosive molded synthetic. Axles shall be ½ inch plated steel hexagonal shaped and to provide positive locking connection to blade (round axles are not acceptable). Linkage shall be concealed out of airstream, within frame to reduce pressure drop, noise and maintenance. F. Testing and Performance: 1. Submittal must include leakage, maximum airflow and maximum pressure ratings based on AMCA Publication 500. 2. Damper shall be tested and licensed in accordance with AMCA 511 for Air Performance and Air Leakage. 3. Damper shall meet the leakage requirements of the International Energy Conservation Code by leaking less than 3 cfm/sq. ft. at 1 inch of static pressure and shall be AMCA licensed as Class 1A. G. Actuator: 1. Provide 24 volt modulating actuator. 2. Include end limit switches for damper position feedback. H. Damper shall be equal to Ruskin Model CD50. 233300 - 3 Duct Accessories Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.4 TURNING VANES A. Turning vanes shall be a true airfoil design; smoothly rounded entry nose with extended trailing edge. Generated sound power level shall not exceed 54 decibels in band 4 at 2,000 FPM with duct size 24 x 24. Assemblies shall be fabricated with side rails. Vanes shall be installed on design centers across the full diagonal dimension of the elbow. B. Square Throat Elbow Turning Vanes (Vane Runner Length up to 18" and Vane Length up to 36": 1. Use single blade type vanes having 2" radius and 1-1/2" spacing, 24 gage minimum. Construct vanes in accordance with SMACNA HVAC Duct Construction Standards. 2. If duct size changes in mitered elbow, use single blade type vanes with trailing edge extension. C. Square Throat Elbow Turning Vanes (Vane Runner Length over 18" or Vane Length over 36"): 1. Use double wall airfoil type with smoothly-rounded entry nose and extended trailing edge on 2.4" center spacing. 2. Vanes shall be equal to HEP (High Efficiency Profile) vanes as manufactured by Aero/Dyne Co. D. Radius Elbow Splitter Vanes: 1. Splitter vanes for radius elbows shall be extended entire length of fitting and constructed in accordance with SMACNA HVAC Duct Construction Standards. 2.5 DUCT FLEXIBLE CONNECTIONS A. Material shall be a heavy woven fabric with double coating of polymer resistant to abrasion and exhibits good flexibility. Material shall be fire retardant, waterproof, air tight and comply with UL Standard 214 and NFPA 90A and 90B. 1. Material for indoor use to be 30 ounce per square yard, double coated with neoprene, suitable for -20 to 200°F continuous operation equal to Ventglas manufactured by Ventfabrics.. 2. Material for outdoor use shall be combination of inner layer of Ventglas and outer layer of 26 ounce per yard, double coated with Hyphalon, UV resistant, suitable for -10°F up to 250°F, equal to Ventlon manufactured by Ventfabrics. 2.6 DUCT ACCESS DOORS A. Metal Access Doors: 1. Access doors and frame shall be fabricated from 24 gage, galvanized steel. The door shall be 1 inch thick, double wall construction and insulated with gaskets between panel and frame. Frame shall have knock over edges for attaching to duct. Hinge shall be a continuous piano type. Cam latch shall be self tightening and hand operated. 2. Duct access door shall be minimum 12”x12” and shall be large enough for maintenance access for inspection, damper reset, and be sufficient size for intended access purpose including required maintenance. Provide insulated or acoustical lined doors where duct is of the same construction. 3. Systems designed for 3 inch w.g. and less (SMACNA Seal Class B or C) shall utilize a hinged, cam, or hinged and cam square-framed access door. 4. Systems designed for 4 inch w.g. and above (SMACNA Seal Class A) shall utilize a sandwich type access door. 5. Grease exhaust duct doors shall be grease and air tight, UL 1978 listed, meet NFPA 96 standards and all mechanical codes. Grease duct access doors can be sandwich type or with a weld on frame, with/without hinge. Approved Ductmate F2 Ultimate Door or approved equal. 6. Manufacturer to provide an installed neoprene gasket around perimeter of access door for sealing purposes. 233300 - 4 Duct Accessories Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 7. Access doors constructed in accordance with SMACNA HVAC Duct Construction Standard, equal to Elmdor/Stoneman model DT. B. Sandwich Access Doors: 1. Panels: a. The insulated Sandwich Access Door consists of three layers of precision stamped steel. b. The inside panel consists of two layers of metal which are spot welded together along the rim encapsulating high density fiberglass insulation; UL classified FHC25/50. c. Un-insulated doors have similar construction without the backing plate and insulation. 2. Gasket: a. Closed cell neoprene gasket is UL94HF1 listed with a service temperature range of (ASTM D746) -20° F to 200° F. The gasket is bonded to the inside of the door to insure consistent installations. 3. Springs: a. Zinc plated conical springs are installed, between the inner and outer door, to facilitate opening. 4. Knobs: a. Red polypropylene molded knobs have threaded metal inserts to eliminate thread stripping. Knobs are easily turned by hand. Knobs are UL94HB listed. 5. Bolts: a. Zinc plated carriage bolts are clinched and sealed to the inner door. 6. Template: a. Self adhesive template is provided for the exact size of duct opening required. 7. Equal to Ductmate Sandwich Access Doors. 2.7 ROOF SUPPORTS A. Equipment and ductwork roof supports shall be welded 18 gage galvanized steel shell, base plate and counter flashing. Roof support shall have internal bulkhead reinforcement, factory installed wood nailer, and fully mitered end sections. B. Roof supports shall be Thy-Curb or equal: 1. Insulated roof decks: model TEMS-1. 2. Single-ply roof systems: modelTEMS-3. 2.8 DUCT ROOF PENETRATIONS A. Mechanical Contractor shall provide pre-fabricated roof curb and duct roof penetration, equal to Thybar model TC. B. Coordinate sealing of roof penetration with General Contractor. PART 3 - EXECUTION 3.1 INSTALLATION A. Install manual balancing damper at branch duct serving each individual supply, return or exhaust air device. Use remote balancing device at inaccessible locations. B. Install flexible duct connectors at equipment duct connections. C. Install access doors in ductwork, ceilings, and equipment where required for maintenance or inspection. D. Turning vanes shall be installed in rectangular 90 degree elbows where recommended by SMACNA Guidelines. END OF SECTION 233423 - 1 HVAC Power Ventilators Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 34 23 HVAC POWER VENTILATORS PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish and install power ventilator equipment as indicated on Contract Drawings for a complete, code compliant, functioning system. 1. In-Line Fans 2. In-Line Duct Booster Fans 3. Vehicle Exhaust Capture Systems 4. High Volume Low Speed (HVLS) Fans 1.2 RELATED WORK A. Electrical Disconnect shall be integral to fan and furnished by manufacturer. Coordinate with Electrical Contractor. B. Three phase fan motor starters shall be furnished by the Electrical Contractor. 1.3 QUALITY ASSURANCE A. Fan shall be manufactured at an ISO 9001 certified facility. Fan shall be listed by Underwriters Laboratories UL 705 with affixed label. Fan shall bear the AMCA certified ratings seal for sound and air performance. B. Unit shall bear an engraved aluminum nameplate which shall indicate manufacturer, model number, serial number, design CFM, static pressure, and maximum fan RPM. C. Fan wheel shall be balanced in accordance with AMCA Standard 204-96, Balance Quality and Vibration Levels for Fans. D. For kitchen hood exhaust applications, fan shall be UL listed 762. Installation shall comply with local mechanical code and NFPA 96 requirements. 1.4 SUBMITTALS A. Contractor shall submit for approval the equipment manufacturer’s product data sheets of specific equipment being provided. B. Each equipment selection shall be clearly identified with tag number from Contract Drawings. C. Include manufacturer’s computerized selection for each piece of equipment based on project specific conditions. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Loren Cook B. Greenheck C. Twin City Fans D. CAR-MON 233423 - 2 HVAC Power Ventilators Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.2 ROOF EXHAUST FANS A. Manufacturer’s Fan shall be a spun aluminum, roof mounted, belt driven (where scheduled), centrifugal exhaust ventilator. Refer to fan schedule on Contract Drawings for direction of discharge. B. The fan shall be of bolted and welded construction utilizing corrosion resistant fasteners. The spun aluminum structural components shall be aluminum support structure. The aluminum base shall have continuously welded curb cap corners for maximum leak protection. The discharge baffle shall have a rolled bead for added strength. A two-piece top cap shall have stainless steel quick release latches to provide access into the motor compartment without the use of tools. An integral conduit chase shall be provided through the curb cap and into the motor compartment to facilitate wiring connections. The motor, bearings and drives shall be mounted on a minimum 14 gage steel power assembly, isolated from the unit structure with rubber vibration isolators. These components shall be enclosed in a weather tight compartment, separated from the exhaust airstream. C. Wheel shall be centrifugal backward inclined, constructed of 100 percent aluminum, including a precision machined cast aluminum hub. Wheel inlet shall overlap an aerodynamic aluminum inlet cone to provide maximum performance and efficiency. D. Motor shall be heavy duty type with permanently lubricated sealed ball bearings and furnished at the specified voltage, phase and enclosure. Bearings shall be designed and individually tested specifically for use in air handling applications. Construction shall be heavy duty regreasable ball type in a cast iron pillow block housing selected for a minimum L50 life in excess of 200,000 hours at maximum cataloged operating speed. Belts shall be oil and heat resistant, non-static type. Drives shall be precision machined cast iron type, keyed and securely attached to the wheel and motor shafts. Drives shall be sized for 150 percent of the installed motor horsepower. The variable pitch motor drive must be factory set to the specified fan RPM. E. Direct drive, 120-volt fans shall include manufacturer’s speed control for balancing. F. Provide factory roof curb, integral electrical disconnect, gravity backdraft damper, and birdscreen. 2.3 VEHICLE EXHAUST CAPTURE SYSTEMS A. Hazardous Fume Exhaust Fan: 1. The Hazardous fume exhaust fan shall be licensed to bear the AMCA seal for certified performance in accordance with AMCA Standard 210. The fan shall be single inlet, single width, Arrangement 10 and shall have a backward inclined fan wheel with single thickness flat blades welded to both the shroud and back plate. The fan wheel shall be statically and dynamically balanced before assembly. Any required balance weights shall be welded to the outside of the shroud or back plate; no weights are to be installed in the blade air stream. All surfaces of the centrifugal fan shall be painted completely with an acid resistant, epoxy grade powder coating. 233423 - 3 HVAC Power Ventilators Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2. The bearings shall be of the pillow block type with cast steel frame and shall be bolted to the structural bearing supports. The fan shaft shall be fabricated of ground and polished cold drawn steel with machined centers and key slots for both the fan wheel and the drive sheave. It shall be given a rust inhibitive asphaltic coating after assembly. The V-belt drive shall be adjustable. The variable pitch sheave shall be factory set at the appropriate position to provide the specified capacity in the approximate midpoint of the adjustment range. All fans shall be provided with a belt guard enclosing both sheaves and V-belts. The belt guard shall have a tachometer hole. All drives shall be rated for no less than 150% of motor load. B. The scroll and side sheets of the fan housing shall be fabricated of cold rolled steel of 12 gage minimum thickness. The scroll and side sheets shall be joined through continuous welding. Spot welded or standing seam construction is not acceptable. The fan housing shall have a minimum of eight attachment studs with flange locking nuts. Any bolts, self tapping screws or fasteners that protrude into the housing interior are not acceptable. The fan base shall be fabricated of cold rolled steel of 12 gage minimum thickness. The bearing supports within the base shall be fabricated of cold rolled steel angles having a minimum 3/16 inch thickness and shall be welded to the sides of the base. All seams in the individual components shall be continuous welded. The motor base shall be fabricated of cold rolled steel of 12 gage minimum thickness. Its position shall be adjustable through the use of bolts that travel in slots in the sides of the fan base. A non-hardening, high elasticity caulking shall be applied during assembly between the mating surfaces of the fan housing and the fan base, of the inlet cone and the fan housing, and the inlet support and the inlet cone. C. Include manufacturer’s integral electrical disconnect. D. Test requirements: 1. The assembled fan shall be test run before shipment with “total frequency” vibration measured at each bearing in both the vertical and horizontal planes. Any fan having an average reading of over 3 mils deflection is not acceptable. 2. Balance report to be provided with installation and maintenance instructions. E. Fan Platform 1. Furnish fan platform as required to match specified fan. The platform shall include vibration rail base with suitable vibration isolation for weight load and distribution. 2. Platform shall be of heavy duty, all welded construction using a minimum 2 inch x 3 inch x 3/16 inch angle iron frame and 3 inch x 4.1 pound base channel for the vibration rails that shall be an integral part of the platform assembly. F. Flexible hose: 1. The hose shall be fabricated of a high tensile strength weave, glass fiber cloth, fully impregnated with a specially formulated ultra high temperature, silicone compound with an exterior silver insulator coat for heat dissipation. 2. The cloth thickness is to be 0.020 inch, lapped over a resilient core to form a single ply, double overlapped joint, clinched within an external coated helix. No adhesives may be used in the construction. 3. The flexible hose is to be capable of withstanding continuous operation temperatures of 1100 degrees Fahrenheit interior, and be both flame retardant and oil resistant. 4. A connecting flange is to be provided for bolt-up attachment of hose to duct. G. Exhaust adapter: 1. The exhaust adapter shall be molded of advanced resin EPDM having a 45 degree contour profile with flared intake opening and tubing connection collar with integral debris screen. 2. The adapter and flange are to match the hose diameter as indicated on plans and specifications and shall be attached to the hose at the factory to maintain the integrity of the assembly. Field assembly is not acceptable. 3. A positioning pole shall be provided to facilitate placement of the exhaust adapter. 4. Install hand dampers or blast gates at each drop to allow full close-off when not in use. 233423 - 4 HVAC Power Ventilators Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services H. Suspension System: 1. The flexible hose suspension system shall support the flexible hose from overhead when not in use, allowing it to be lowered to the operating level when required. 2. The lifting device shall be a single spring retractor with ratchet stop and ¼” steel suspension frame with cast eyelet and heavy-duty snap ring. 3. The retractor shall be capable of lifting at least 25 pounds with 25 feet of travel. 4. The hose sling shall be comprised of a powder coated steel lifting platform with high tensile safety clip, flexible tubular piping loops, and load handling eye bolts. It shall be manufactured to fit the diameter of the hose specified. I. Acceptable Manufacturers 1. Car-mon Products, Inc. PART 3 - EXECUTION 3.1 INSTALLATION A. Ventilators shall be installed per manufacturer’s instructions. B. Provide factory roof curb for roof fans and seal all roof penetrations. C. Fans shall have flexible duct connections. D. Electrical disconnect shall be integral to fan by manufacturer. Coordinate with Electrical Contractor. E. Where fans are located above hard surface ceilings, Contractor shall install access panel. F. Fans mounted on roofs shall be 10 feet from parapet exterior perimeter. Mechanical Contractor shall install a safety rail per Local Mechanical Code. G. Fans mounted on sloped roofs greater than 4 units in 12 units pitch shall have safety access platform installed by the Mechanical Contractor as required by the Local Mechanical Code. H. Suspend In-Line fans from building structure. Refer to structural drawings. I. Fans shall be controlled and connected to BAS as scheduled on Contract Drawings. END OF SECTION 233713 - 1 Air Inlets and Outlets Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 37 13 AIR INLETS AND OUTLETS PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish and install all air devices as scheduled on Contract Drawings. 1. Gravity Hoods 2. Drum Diffusers B. All mechanical louvers shall be furnished and installed by the mechanical contractor. 1.2 DESIGN CRITERIA A. Noise Criteria values representing the device’s NC curve shall be published by the manufacturer. Throw values for terminal velocities of 150, 100, and 50 fpm shall be published along with corresponding pressure drop. B. Performance tests shall have been conducted in accordance with ASHRAE Standards 70-91 and 113-90. 1.3 SUBMITTALS A. Contractor shall submit for approval manufacturer’s product and performance data for each piece of equipment. B. Equipment selections shall clearly identify equipment or device tag number from the Contract Drawings. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Ruskin B. Greenheck 2.2 PAINTING A. The finish shall be #26 white. The finish shall be an anodic acrylic paint, baked at 315°F for 30 minutes. The pencil hardness must be HB to H. B. The paint must pass a 100-hour ASTM B117 Corrosive Environments Salt Spray Test without creepage, blistering, or deterioration of film. The paint must pass a 250 hour ASTM D870 Water Immersion Test. The paint must also pass the ASTM D2794 Reverse Impact Cracking Test with a 50-inch pound force applied. 2.3 GRAVITY HOODS A. Gravity intake and relief hoods shall be of bolted and welded construction utilizing corrosion resistant fasteners. The spun aluminum structural components shall be constructed of minimum 16 gage marine alloy aluminum, bolted to a rigid aluminum support structure. The aluminum base shall have continuously welded curb cap corners for maximum leak protection. The spun aluminum baffle shall have a rolled bead for added strength. Birdscreen constructed of 1/2" mesh shall be mounted across the air opening. Unit shall bear an engraved aluminum nameplate indicating the manufacturer, model number, design CFM and static pressure. Provide roof curb with roof installations. Minimum throat free area shall be as noted on contract drawings. Acceptable manufacturers are Loren Cook and Greenheck. 233713 - 2 Air Inlets and Outlets Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2.4 DRUM DIFFUSER A. Furnish and install extruded aluminum supply diffuser system with 4-way throw horizontally mounted drum louvers as sized on Contract Drawings. B. Drum louvers shall provide minimum 30 degree vertical adjustment with full horizontal blade adjustment All louver components shall be assembled in factory. C. Drum louver shall incorporate precision tuned internal air deflector to ensure quire even flow to all sides with low pressure drop. D. Drum Diffuser Performance: 1. Maximum NC at 30 degree deflection shall be < 45. 2. Air Flow: 5,000 cfm. 3. Maximum Pressure Drop for rated cfm at 30 degree deflection shall be 0.42 inches w.g. E. Include duct cap at bottom. F. Drum Diffuser color shall be selected by Architect prior to ordering. Architect may have contractor paint drum diffuser. G. Louver shall be equal to Ruskin series 575. H. Acceptable manufacturers are Ruskin, Greenheck. PART 3 - EXECUTION 3.1 INSTALLATION A. Install air devices as shown on Contract Drawings and according to manufacturer's instructions. B. Ductwork branch connections to diffusers or grilles shall match air device’s collar sizes. C. Seal connections between ductwork and device to be air tight. Do not stretch, kink or restrict flexible ductwork. Flexible duct connections shall be perpendicular to air device to allow smooth airflow. D. Install manual air balancing dampers at the branch duct serving each individual supply air device, return air devices, and exhaust air device. E. Install insulation on the backs of all supply and return air devices. F. Provide trim kit for all air devices installed in hard surfaces. G. Coordinate actual ceiling diffuser locations with architectural reflected ceiling grid, lights and sprinkler heads. H. Coordinate louver openings in structure with Architect and General Contractor. END OF SECTION 237433 - 1 Dedicated Outdoor Air Units Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 74 33 DEDICATED OUTDOOR AIR UNITS PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish and install dedicated outdoor air conditioning equipment as scheduled on Contract Drawings. Equipment shall be part of a complete, functional, code compliant system. B. Unit shall discharge supply air vertically or horizontally as shown on Contract Drawings. C. Unit casing shall be double wall construction. D. Where scheduled, unit shall include refrigerant modulating hot gas reheat for space humidity control. E. Where scheduled, unit shall include digital modulating scroll compressor(s) or inverter compressors capable of modulation from 10-100% of its capacity. F. Unit shall include factory mounted variable frequency drive serving supply fan. G. Refrigerant shall be R-454B. 1.2 QUALITY ASSURANCE A. Unit shall comply with minimum requirements of the latest edition of ASHRAE 90.1 Energy Efficiency Standards. B. Unit shall be rated in accordance with ARI Standards 210 or 360. Unit shall be designed in accordance with UL Standard 1995. C. Unit shall be designed to conform to the latest edition of ASHRAE 15. D. Unit shall be UL tested and certified in accordance with ANSI Z21.47 Standards and UL listed as a total package for safety requirements. E. Unit shall meet all detection system provisions of UL 60335-2-40 4th edition and ASHRAE 15- 2022. F. Roof curb shall be designed to conform to National Roofing Contractor Association (NRCA) Standards. G. Insulation and adhesive shall meet NFPA 90A requirements for flame spread and smoke generation. H. Unit casing shall be capable of withstanding 500-hour salt spray exposure per ASTM B117. I. Unit shall be designed in accordance with ISO 9001-2000, and shall be manufactured in a facility registered to ISO 9001-2000. J. Each unit shall be subjected to a completely automated run testing on the assembly line. Units contain a factory-supplied printout indicating tested pressures, amperages, data, and inspectors, providing certification of the unit status at the time of manufacture. K. Non-Fused Disconnect Switch shall be furnished and installed on unit by the Electrical Contractor. 237433 - 2 Dedicated Outdoor Air Units Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.3 RELATED WORK A. 23 05 00 – Common Work Results for HVAC B. 23 05 53 – Identification for HVAC Equipment C. 23 05 93 – Testing, Adjusting, and Balancing D. 23 09 93 – Sequence of Operations E. 23 31 13 – Metal Ducts F. 23 33 00 – Duct Accessories 1.4 SUBMITTALS A. Contractor shall submit for approval the equipment manufacturer’s product data sheets of specific equipment being provided. B. Each equipment selection shall be clearly identified with tag number from Contract Drawings. C. Include manufacturer’s computerized selection for each piece of equipment based on project specific conditions. 1.5 DELIVERY, STORAGE, AND HANDLING A. Unit shall be stored and handled per manufacturer’s recommendations. 1.6 WARRANTY A. Unit shall be guaranteed free of defects for one (1) year after owner acceptance. B. After first year warranty expires, the compressors shall include manufacturer’s extended parts warranty for an additional four (4) years. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Greenheck B. Others pre-approved by Engineer prior to bidding. 2.2 DEDICATED OUTDOOR AIR UNITS A. General: 1. The packaged air conditioning unit shall be a factory assembled, single-piece heating and cooling unit. Contained within the unit enclosure shall be all factory wiring, piping, controls, refrigerant charge (R-454B), and special features required prior to field start-up. 2. Unit shall be factory assembled and tested including leak testing of the coils, pressure testing of the refrigeration circuit, and run testing of the completed unit. Run test report shall be supplied with the unit in the controls compartment’s literature pocket. 3. Unit shall have decals and tags to indicate lifting and rigging, service areas and caution areas for safety and to assist service personnel. 4. Unit shall include refrigerant detection system and all required sensors and controls to meet the requirements of ASHRAE 15 -2022. B. Unit Cabinet: 1. All cabinet walls, access doors, and roof shall be fabricated of double wall, impact resistant, rigid polyurethane foam panels. 237433 - 3 Dedicated Outdoor Air Units Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2. Unit insulation shall have a minimum thermal resistance R-value of 13. Foam insulation shall have a minimum density of 2 pounds/cubic foot and shall be tested in accordance with ASTM D-1929-11 for a minimum flash ignition temperature of 610°F. 3. Unit construction shall be double wall with G90 galvanized steel on both sides and a thermal break. Double wall construction with a thermal break prevents moisture accumulation on the insulation, provides a cleanable interior, prevents heat transfer through the panel, and prevents exterior condensation on the panel. 4. Exterior paint finish shall be capable of withstanding at least 2,500 hours, with no visible corrosive effects, when tested in a salt spray and fog atmosphere in accordance with ASTM B 117-95 test procedure. 5. Unit shall include factory-installed stainless steel drain pans with a minimum 3/4-inch NPT connection(s). Connections with both vertical and horizontal drains, and shall comply with latest edition of ASHRAE Standard 62. 6. Cabinet panels shall have hinged access panels and quarter-turn lockable handles. Provide manufacturer’s recommended access on at least one side. 7. Holes shall be provided in the base rails for rigging shackles to facilitate maneuvering and overhead rigging. 8. Unit shall have a factory installed filter access panel to provide filter access with tool-less removal. 9. Unit shall include factory installed, hail guards on the face of the condenser coil. C. Fans: 1. Evaporator Fan: a. Fan shall be direct or belt driven as schedule on the Contract Drawings. Belt drive shall include an adjustable pitch motor pulley. b. Fan wheel shall be double-inlet type with forward-curved blades. c. Bearings shall be sealed, permanently lubricated ball bearing type for longer life and lower maintenance. d. Evaporator fan shall be made from steel with a corrosion resistant finish and shall be dynamically balanced. 2. Condenser Fans: a. Condenser fans shall be of the direct driven with totally enclosed motors propeller type with totally enclosed motors. Air discharge shall be vertically upward. b. Condenser fan shall have aluminum blades riveted to corrosion resistant steel spiders and shall be dynamically balanced. D. Compressor(s): 1. All unit sizes shall have direct drive inverter scroll type compressors. 2. Compressor motor shall be suction gas cooled and shall have a voltage utilization range of plus or minus 10 percent of unit nameplate voltage. 3. Each compressor shall have internal overloads. 4. Compressor shall be factory mounted on rubber grommets and internally spring mounted for vibration isolation. 5. Include crankcase heater. E. Coils: 1. Coils shall be designed for use with R-454B refrigerant and constructed of copper tubes with aluminum fins mechanically bonded to the tubes. 2. Dual-circuit coils shall have interlaced circuitry. 3. Evaporator and condenser coils shall be qualified to UL 1995 burst test at 2,200 psi. 4. Evaporator and condenser coils shall be leak tested at the factory to 150 psig and pressure tested to 400 psig to ensure pressure integrity. 237433 - 4 Dedicated Outdoor Air Units Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services F. Refrigerant Components: 1. Unit shall be factory charged with R-454b refrigerant and shall meet all detection system provisions of UL 60335-2-40 4th edition and ASHRAE 15-2022. 2. Include thermal expansion valve (TXV). 3. Include refrigerant filter drier. 4. Include service gauge connections on suction, discharge, and liquid lines. G. Filter Section: 1. Filter section shall consist of factory installed, low velocity, 2 inch pleated filters of commercially available sizes. Refer to schedule on Contract Drawings for minimum filter efficiency. 2. Filter face velocity shall not exceed 400 fpm at nominal airflows. 3. Filter section shall use only one size filter. 4. Filters shall be accessible through an access panel with “no tool” removal. H. Controls and Safeties: 1. Unit controller shall be solid state microprocessor based, shall control all associated HVAC rooftop equipment functions, and be capable of stand-alone or networked operation. 2. Unit shall include refrigerant detection system and all required sensors and controls to meet the requirements of ASHRAE 15 - 2022. 3. The controller shall be factory mounted in the unit’s control box and be completely factory wired with necessary controls and terminal strip for connections. 4. The controller shall feature and maintain a 365 day software clock/calendar with holiday functions. 5. The resident algorithms shall use error reduction logic as designated in latest edition of ASHRAE Standard 90.1 to provide temperature control and minimize energy usage. 6. All configuration data shall be stored in non-volatile memory and the controller shall not require a battery. 7. The resident control algorithms shall make all heating, cooling and/or ventilating decisions in response to electronic signals from sensors measuring indoor and outdoor temperatures. The control algorithm shall maintain accurate temperature control and minimize drift from setpoint. 8. Unit microprocessor shall include compressor protector which provides anti-cycle reset capability should any of the following standard safety devices trip and shut off compressor: a. Compressor over temperature, over current. b. Loss of charge/low pressure switch. c. Freeze-protection thermostat, evaporator coil. d. High pressure switch. e. Automatic reset motor thermal overload protector. 9. The lockout protection shall be easily disconnected at the control board, if necessary. 10. Heating section shall be provided with the following minimum protections: a. High temperature limit switches. b. Induced draft motor speed sensor. c. Flame rollout switch. d. Flame proving controls. 11. Unit shall include 24 volt control transformer. I. Operating Characteristics: 1. Unit shall be capable of starting and running at 115 F ambient outdoor temperature, meeting maximum load criteria of ARI Standard 210/240 or 360 at + 10% voltage. 2. Compressor with standard controls shall be capable of operation down to 25 °F ambient outdoor temperature. 237433 - 5 Dedicated Outdoor Air Units Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services J. Electrical Requirements: 1. All unit power wiring shall enter unit cabinet at a single factory predrilled location inside the curb and through the base of the unit. 2. Unit shall have single point electrical connection. 3. Unit shall include convenience outlet. K. Motors: 1. Compressor motors shall be cooled by refrigerant gas passing through motor windings and shall have line break thermal and current overload protection. 2. Evaporator fan motor shall be standard (premium) efficiency ODP with ball bearings rated for 200,000 hours service with external lubrication points. 3. Condenser fan motor shall be totally enclosed with permanently lubricated bearings, and inherent automatic reset thermal overload protection. 4. Induced draft motor shall have permanently lubricated sealed bearings and inherent automatic reset thermal overload protection. L. Additional Features: 1. Roof Curbs: a. Prefabricated insulated roof curb shall be formed 18 gage galvanized steel with preservative treated wood nailer strip and shall be capable of supporting entire unit weight. b. Curb shall permit installation and securing of ductwork to curb prior to mounting unit on the curb. c. Roof curbs on sloped roofs shall compensate for roof pitch to allow for level rooftop unit installation. d. Roof curb shall be minimum 12 inches height above roof deck. e. Fabricate roof curb to width and length 1-1/2 inches less than unit being supported to allow for membrane flashing installation. f. Roof curbs shall be equal to Custom Curb model CRC-2 or ThyCurb model TC-2. 2. Controls: a. Unit shall be provided with internal DDC controller for stand alone control. b. Provide BACnet MSTP communication card. 3. Condenser Coil Hail Guard Assembly: a. Hail guard shall protect against damage from hail and flying debris. 4. Low Ambient Kits: a. When not included as standard option, provide low ambient kit to allow unit to operate at lower outdoor ambient temperatures down to 0 °F. 5. Dehumidification: a. Where scheduled on Contract Drawings, provide integral hot refrigerant gas reheat for space dehumidification. b. Include on/off hot gas reheat coil located on leaving air side of the evaporator coil pre- piped and circuited. c. Include crankcase heater, low pressure switch, and thermostatic expansion valve. d. Provide space humidity sensor for humidity control. PART 3 - EXECUTION 3.1 INSTALLATION A. Prepare roof opening and install roof curb. 1. Coordinate with structural drawings for unit support. 2. Coordinate roof sealing with roofing contractor. B. Secure unit to curb and install level. C. Provide flexible connection between unit and ductwork. 237433 - 6 Dedicated Outdoor Air Units Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services D. Install smoke detector in the return ductwork in unit’s with greater than 2,000 cfm supply airflow. Coordinate with electrical alarm contractor. E. Outside air intake shall be minimum 10 feet from exhaust source or plumbing vent. F. Label unit with tag per Mechanical Identification section. G. Install copper condensate drain line. Penetrate roof and route to approved plumbing fixture. Interior condensate drain pipe shall be insulated. H. Install rooftop units a minimum of 10 feet from building parapet perimeter edge. Prior to installation, notify Engineer if unit must be installed less than 10 feet from roof edge. END OF SECTION 238113 - 1 Packaged Air Conditioners Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 23 81 13 PACKAGED AIR CONDITIONERS PART 1 - GENERAL 1.1 SCOPE OF WORK A. Furnish and install packaged air conditioning equipment as scheduled on Contract Drawings. Equipment shall be part of a complete, functional, code compliant system. B. Unit shall discharge supply air vertically or horizontally as shown on Contract Drawings. C. Unit casing shall be double wall construction. D. Unit shall include modulating/economizer or motorized two-position outside air dampers as scheduled on Contract Drawings. E. Where scheduled, unit shall include refrigerant modulating hot gas reheat for space humidity control. F. Where scheduled, unit shall include digital modulating scroll compressor(s) capable of modulation from 10-100% of its capacity. G. Unit shall include factory mounted variable frequency drive serving supply fan. H. Refrigerant shall be R-454B. 1.2 QUALITY ASSURANCE A. Unit shall comply with minimum requirements of the latest edition of ASHRAE 90.1 Energy Efficiency Standards. B. Unit shall be rated in accordance with ARI Standards 210 or 360. Unit shall be designed in accordance with UL Standard 1995. C. Unit shall be designed to conform to the latest edition of ASHRAE 15. D. Unit shall be UL tested and certified in accordance with ANSI Z21.47 Standards and UL listed as a total package for safety requirements. E. Roof curb shall be designed to conform to National Roofing Contractor Association (NRCA) Standards. F. Insulation and adhesive shall meet NFPA 90A requirements for flame spread and smoke generation. G. Unit casing shall be capable of withstanding 500-hour salt spray exposure per ASTM B117. H. Unit shall be designed in accordance with ISO 9001-2000, and shall be manufactured in a facility registered to ISO 9001-2000. I. Each unit shall be subjected to a completely automated run testing on the assembly line. Units contain a factory-supplied printout indicating tested pressures, amperages, data, and inspectors, providing certification of the unit status at the time of manufacture. J. Non-Fused Disconnect Switch shall be furnished and installed on unit by the Electrical Contractor. 238113 - 2 Packaged Air Conditioners Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.3 RELATED WORK A. 23 05 00 – Common Work Results for HVAC B. 23 05 53 – Identification for HVAC Equipment C. 23 05 93 – Testing, Adjusting, and Balancing D. 23 09 93 – Sequence of Operations E. 23 31 13 – Metal Ducts F. 23 33 00 – Duct Accessories 1.4 SUBMITTALS A. Contractor shall submit for approval the equipment manufacturer’s product data sheets of specific equipment being provided. B. Each equipment selection shall be clearly identified with tag number from Contract Drawings. C. Include manufacturer’s computerized selection for each piece of equipment based on project specific conditions. 1.5 DELIVERY, STORAGE, AND HANDLING A. Unit shall be stored and handled per manufacturer’s recommendations. 1.6 WARRANTY A. Unit shall be guaranteed free of defects for one (1) year after owner acceptance. B. After first year warranty expires, the compressors shall include manufacturer’s extended parts warranty for an additional four (4) years. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Trane (Basis of Design) B. Carrier 2.2 PACKAGED ROOFTOP UNITS A. General: 1. The packaged air conditioning unit shall be a factory assembled, single-piece heating and cooling unit. Contained within the unit enclosure shall be all factory wiring, piping, controls, refrigerant charge (R-454B), and special features required prior to field start-up. 2. Unit shall be factory assembled and tested including leak testing of the coils, pressure testing of the refrigeration circuit, and run testing of the completed unit. Run test report shall be supplied with the unit in the controls compartment’s literature pocket. 3. Unit shall have decals and tags to indicate lifting and rigging, service areas and caution areas for safety and to assist service personnel. 4. Unit shall include refrigerant detection system and all required sensors and controls to meet the requirements of ASHRAE 15 -2022. B. Unit Cabinet: 1. Unit cabinet shall be constructed of galvanized steel, and shall be bonderized and coated with a pre-painted baked enamel finish on all externally exposed surfaces. 238113 - 3 Packaged Air Conditioners Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2. All exposed vertical panels and top covers shall be insulated with a minimum ½ inch thick, 1 pound density, flexible fiberglass insulation, neoprene coated or foil faced on the air side. Only aluminum foil faced fiberglass insulation shall be used in the gas heat compartment. Base of unit shall be insulated with 1/8 inch thick closed cell insulation with foil facing. 3. Cabinet panels shall be easily removable for servicing and shall have manufacturer’s recommended access on at least one side. 4. Holes shall be provided in the base rails for rigging shackles to facilitate maneuvering and overhead rigging. 5. Unit shall have a factory-installed, sloped condensate drain pan made of a non-corrosive material, providing a minimum 3/4-inch NPT. Connections with both vertical and horizontal drains, and shall comply with latest edition of ASHRAE Standard 62. 6. Unit shall have a factory installed filter access panel to provide filter access with tool-less removal. 7. Unit shall have standard through the bottom gas and power connection capability. C. Fans: 1. Evaporator Fan: a. Fan shall be direct or belt driven as schedule on the Contract Drawings. Belt drive shall include an adjustable pitch motor pulley. b. Fan wheel shall be double-inlet type with forward-curved blades. c. Bearings shall be sealed, permanently lubricated ball bearing type for longer life and lower maintenance. d. Evaporator fan shall be made from steel with a corrosion resistant finish and shall be dynamically balanced. 2. Condenser Fans: a. Condenser fans shall be of the direct driven with totally enclosed motors propeller type with totally enclosed motors. Air discharge shall be vertically upward. b. Condenser fan shall have aluminum blades riveted to corrosion resistant steel spiders and shall be dynamically balanced. D. Compressor(s): 1. All unit sizes shall have direct drive, hermetic, scroll type compressors with centrifugal oil pumps. 2. Unit size 7.5 tons and greater shall have a minimum two (2) scroll compressors, with independent electrical and mechanical circuits. 3. Compressor motor shall be suction gas cooled and shall have a voltage utilization range of plus or minus 10 percent of unit nameplate voltage. 4. Each compressor shall have internal overloads. 5. Compressor shall be factory mounted on rubber grommets and internally spring mounted for vibration isolation. 6. Include crankcase heater. E. Coils: 1. Coils shall be designed for use with R-454B refrigerant and constructed of copper tubes with aluminum fins mechanically bonded to the tubes. 2. Dual-circuit coils shall have interlaced circuitry. 3. Evaporator and condenser coils shall be qualified to UL 1995 burst test at 2,200 psi. 4. Evaporator and condenser coils shall be leak tested at the factory to 150 psig and pressure tested to 400 psig to ensure pressure integrity. 238113 - 4 Packaged Air Conditioners Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services F. Gas-Fired Heating Section: 1. Units shall be cooling only. G. Refrigerant Components: 1. Unit shall be factory charged with R-454b refrigerant and shall meet all detection system provisions of UL 60335-2-40 4th edition and ASHRAE 15-2022. 2. Include thermal expansion valve (TXV). 3. Include refrigerant filter drier. 4. Include service gauge connections on suction, discharge, and liquid lines. H. Filter Section: 1. Filter section shall consist of factory installed, low velocity, 2 inch pleated filters of commercially available sizes. Refer to schedule on Contract Drawings for minimum filter efficiency. 2. Filter face velocity shall not exceed 400 fpm at nominal airflows. 3. Filter section shall use only one size filter. 4. Filters shall be accessible through an access panel with “no tool” removal. I. Controls and Safeties: 1. Unit controller shall be solid state microprocessor based, shall control all associated HVAC rooftop equipment functions, and be capable of stand-alone or networked operation. 2. Unit shall include refrigerant detection system and all required sensors and controls to meet the requirements of ASHRAE 15 - 2022. 3. The controller shall be factory mounted in the unit’s control box and be completely factory wired with necessary controls and terminal strip for connections. 4. The controller shall feature and maintain a 365 day software clock/calendar with holiday functions. 5. The resident algorithms shall use error reduction logic as designated in latest edition of ASHRAE Standard 90.1 to provide temperature control and minimize energy usage. 6. All configuration data shall be stored in non-volatile memory and the controller shall not require a battery. 7. The resident control algorithms shall make all heating, cooling and/or ventilating decisions in response to electronic signals from sensors measuring indoor and outdoor temperatures. The control algorithm shall maintain accurate temperature control and minimize drift from setpoint. 8. Unit microprocessor shall include compressor protector which provides anti-cycle reset capability should any of the following standard safety devices trip and shut off compressor: a. Compressor over temperature, over current. b. Loss of charge/low pressure switch. c. Freeze-protection thermostat, evaporator coil. d. High pressure switch. e. Automatic reset motor thermal overload protector. 9. The lockout protection shall be easily disconnected at the control board, if necessary. 10. Heating section shall be provided with the following minimum protections: a. High temperature limit switches. b. Induced draft motor speed sensor. c. Flame rollout switch. d. Flame proving controls. 11. Unit shall include 24 volt control transformer. J. Operating Characteristics: 1. Unit shall be capable of starting and running at 115 F ambient outdoor temperature, meeting maximum load criteria of ARI Standard 210/240 or 360 at + 10% voltage. 2. Compressor with standard controls shall be capable of operation down to 25 °F ambient outdoor temperature. 238113 - 5 Packaged Air Conditioners Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services K. Electrical Requirements: 1. All unit power wiring shall enter unit cabinet at a single factory predrilled location inside the curb and through the base of the unit. 2. Unit shall have single point electrical connection. 3. Unit shall include convenience outlet. L. Motors: 1. Compressor motors shall be cooled by refrigerant gas passing through motor windings and shall have line break thermal and current overload protection. 2. Evaporator fan motor shall be standard (premium) efficiency ODP with ball bearings rated for 200,000 hours service with external lubrication points. 3. Condenser fan motor shall be totally enclosed with permanently lubricated bearings, and inherent automatic reset thermal overload protection. 4. Induced draft motor shall have permanently lubricated sealed bearings and inherent automatic reset thermal overload protection. M. Additional Features: 1. Roof Curbs: a. Prefabricated insulated roof curb shall be formed 18 gage galvanized steel with preservative treated wood nailer strip and shall be capable of supporting entire unit weight. b. Curb shall permit installation and securing of ductwork to curb prior to mounting unit on the curb. c. Roof curbs on sloped roofs shall compensate for roof pitch to allow for level rooftop unit installation. d. Roof curb shall be minimum 12 inches height above roof deck. e. Fabricate roof curb to width and length 1-1/2 inches less than unit being supported to allow for membrane flashing installation. f. Roof curbs shall be equal to Custom Curb model CRC-2 or ThyCurb model TC-2. 2. Enthalpy Economizers: a. Where scheduled on Contract Drawings, include an integral modulating type economizer capable of simultaneous economizer and compressor operation. b. Factory shall install all hardware and controls to provide cooling with outdoor air. c. Equip with low leakage dampers, not to exceed 2% leakage at 1 in. wg pressure differential. d. Economizer shall be capable of introducing up to 100% outdoor air. e. Provide unit with a barometric relief damper capable of relieving up to 100% return air. f. Design to close dampers during loss of power situations with spring return built into motor. g. Provide a dry bulb outdoor air temperature sensor and outside air humidity sensor. Outdoor air sensor set point shall be adjustable and shall range from 40 to 100 F. h. Provide economizer rain hood and bird screen. 3. Modulating Outside Air Damper: a. Where noted on Contract Drawing schedule or when demand control ventilation CO2 sequence is included, provide a modulating damper package including a multiple blade damper and motor. b. Damper shall close upon indoor evaporator fan shutoff. c. Damper shall open to balance position for scheduled minimum outside air during occupied mode operation. d. In Demand Control Ventilation (DCV) Mode, damper shall modulate to perform DCV sequence. e. Damper shall be closed during unoccupied mode or loss of power situations. 4. Programmable Thermostat/Humidistat: a. Provide seven (7) day, 24 hour fully programmable thermostat/humidistat. b. Thermostat shall be capable of variable capacity compressor control. 238113 - 6 Packaged Air Conditioners Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services c. Selectable manual or automatic changeover. d. Keypad lockout capability. e. Remote sensor capability. f. Allows fan continuous operation in occupied modes. g. Proportional plus integral control for reduced temperature fluctuations. h. Thermostat shall meet requirements of IECC. 5. Condenser Coil Hail Guard Assembly: a. Hail guard shall protect against damage from hail and flying debris. 6. Low Ambient Kits: a. When not included as standard option, provide low ambient kit to allow unit to operate at lower outdoor ambient temperatures down to 0 °F. 7. Power Exhaust: a. Where scheduled on Contract drawings or when unit is larger than 20 tons and includes economizer, provide power exhaust fan and controls to maintain proper space pressurization. 8. Dehumidification: a. Where scheduled on Contract Drawings, provide integral hot refrigerant gas reheat for space dehumidification. b. Include on/off hot gas reheat coil located on leaving air side of the evaporator coil pre- piped and circuited. c. Include crankcase heater, low pressure switch, and thermostatic expansion valve. d. Provide space humidity sensor for humidity control. PART 3 - EXECUTION 3.1 INSTALLATION A. Prepare roof opening and install roof curb. 1. Coordinate with structural drawings for unit support. 2. Coordinate roof sealing with roofing contractor. B. Secure unit to curb and install level. C. Provide flexible connection between unit and ductwork. D. Install smoke detector in the return ductwork in unit’s with greater than 2,000 cfm supply airflow. Coordinate with electrical alarm contractor. E. Outside air intake shall be minimum 25 feet from exhaust source or plumbing vent. F. Label unit with tag per Mechanical Identification section. G. Install copper condensate drain line. Penetrate roof and route to approved plumbing fixture. Interior condensate drain pipe shall be insulated. H. Install rooftop units a minimum of 10 feet from building parapet perimeter edge. Prior to installation, notify Engineer if unit must be installed less than 10 feet from roof edge. END OF SECTION TOC - 1 Table of Contents Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services TABLE OF CONTENTS DIVISION 26 ELECTRICAL 26 05 00 Common Work Results for Electrical 26 05 19 Low Voltage Electrical Power Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 53 Identification for Electrical Systems 26 22 13 Low Voltage Distribution Transformers 26 24 16 Panelboards 26 27 26 Wiring Devices 26 28 13 Fuses 26 28 16 Enclosed Switches and Circuit Breakers 26 29 13 Enclosed Controllers DIVISION 28 ELECTRONIC SAFETY AND SECURITY 28 31 00 Fire Detection and Alarm This page intentionally left blank 260500 - 1 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 260500 - COMMON WORK RESULTS FOR ELECTRICAL PART 1 - GENERAL 1.1 REFERENCE A. The Work under this Section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 01 General Requirements. 1.2 DESCRIPTION A. Intent of drawings and specifications is to obtain complete systems tested, adjusted, and ready for operation. B. Include incidental details not usually shown or specified, but necessary for proper installation and operation. C. Check, verify and coordinate work with drawings and specifications prepared for other trades. Include modifications, relocations or adjustments necessary to complete work or to avoid interference with other trades. D. Included in this contract are electrical connections to equipment provided by others. Refer to Architectural, Mechanical, and final shop drawings for equipment being furnished under other sections for exact locations of electrical outlets and various connections required. E. Where architectural features govern location of work, refer to architectural drawings. F. All work shall be performed in “neat and workmanlike” manner as defined in ANSI/NECA 1, Standard Practices for Good Workmanship in Electrical Contracting. 1.3 RELATED WORK A. Utility Services: 1. Determine utility connection requirements and include in base bid all costs to Owner for utility service. B. Temporary Services: 1. Provide temporary power distribution for construction efforts requiring power for tools, lighting, and start-up/testing of permanent electrical powered equipment prior to permanent connection to the electrical system. All 120 volt and 240 volt temporary power receptacles for tools and equipment shall be protected by ground fault circuit interrupters. C. Continuity of Service: 1. No service shall be interrupted or changed without permission from Architect and Owner. Obtain written permission before any work is started. 2. When interruption of services is required, all persons concerned shall be notified and shall agree upon a time. D. Demolition: 1. Perform demolition as required to accomplish new work. 260500 - 2 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 2. Accomplish work in neat workmanlike manner to minimize interference, annoyance or inconvenience such work might impose on Owner or other contractors. 3. Unless otherwise noted, remove from premises materials and equipment removed in demolition work. 4. Equipment noted to be removed and turned over to Owner shall be delivered to Owner at place and time Owner designates. 5. Where materials are to be turned over to Owner or reused and installed by Contractor, it shall be Contractor's responsibility to maintain condition of materials and equipment equal to that existing before work began. Repair or replace damaged materials or equipment at no additional cost to Owner. 6. Where demolition work interferes with Owner's use of premises, schedule work through Architect, Owner and with other contractors to minimize inconvenience to Owner. Architect must approve schedule before Contractor begins such work. E. Concrete Work: 1. Provide cast-in-place concrete as required by contract documents unless otherwise noted. 2. Concrete shall comply with Division 3 - Concrete. 3. Provide anchor bolts, metal shapes and templates required to be cast in concrete or used to form concrete for support of electrical equipment. F. Painting: 1. If factory finish on equipment furnished by Contractor is damaged in shipment or during construction, refinish equipment to satisfaction of Architect. 2. Furnish one can of touch up paint for each factory finish, which will be final finished surface of product. 1.4 REQUIREMENTS OF REGULATORY AGENCIES A. Rules and regulations of Federal, State and local authorities and utility companies, in force at time of execution of contract shall become part of this specification. 1.5 REFERENCE STANDARDS A. Agencies or publications referenced herein refer to the following: 1. ANSI American National Standards Institute 2. ASME American Society of Mechanical Engineers 3. ASTM American Society for Testing and Materials 4. EIA Electronic Industries Association 5. FCC Federal Communications Commission 6. ICEA Insulated Cable Engineers Association 7. IEEE Institute of Electrical & Electronics Engineers 8. IESNA Illuminating Engineering Society of North America 9. NEC National Electrical Code 10. NECA National Electrical Contractors Association 11. NEMA National Electrical Manufacturers Association 12. NFPA National Fire Protection Association 13. OSHA Occupational Safety and Health Administration 14. TIA Telecommunications Industries Association 260500 - 3 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 15. UL Underwriters Laboratories, Inc. B. Work shall be in accordance with latest edition of codes, standards or specifications unless noted otherwise. 1.6 LISTING A. All material installed on project shall bear UL label or be UL listed, unless UL label or listing is not available for that type of material. B. Other nationally recognized testing agencies, acceptable to AHJ, are approved. 1.7 ENCLOSURES A. Typical NEMA Enclosures and Usage 1. NEMA 1 - Indoors. Falling dirt. 2. NEMA 2 - Indoors. Falling dirt. Falling liquids. Light splashing. 3. NEMA 3 - Outdoors. Sleet, snow, rain. Windblown dust. 4. NEMA 3X - Same as NEMA 3 plus corrosion resistant. 5. NEMA 3S - Same as NEMA 3 plus mechanism operable when ice covered. 6. NEMA 3SX - Same as NEMA 3S plus corrosion resistant. 7. NEMA 3R - Outdoors. Rain, snow, sleet. 8. NEMA 3RX - Same as NEMA 3R plus corrosion resistant. 9. NEMA 4 - Outdoors. Rain, sleet, snow. Wind blown dust. Hose down. 10. NEMA 4X - Same as 4 plus corrosion resistant. 11. NEMA 4 - Indoors. Falling dirt. Falling and light splashing liquids. Flying dust, lint and fibers. Hose down. 12. NEMA 4X - Same as NEMA 4 plus corrosion resistant. 13. NEMA 5 - Indoors. Falling Dirt. Falling Liquids. Settling dust, lint and fibers. 14. NEMA 6 - Outdoors. Rain, snow, sleet. Windblown dust. Hose down. Temporary submersion. 15. NEMA 6P - Same as NEMA 6 plus corrosion resistant. Prolonged submersion. 16. NEMA 6 - Indoors. Falling dirt. Falling and light splashing liquids. Flying dust, lint and fibers. Hose down. Temporary submersion. 17. NEMA 6P - Same as NEMA 6 plus corrosion resistant. Prolonged Submersion. 18. NEMA 7 - Indoors. Class I, Division 1 or 2, Groups A, B, C or D. (Flammable gas). 19. NEMA 9 - Indoors. Class II, Division 1 or 2. Groups E, R, or G. (Combustible dust). 20. NEMA 12 - Indoors. Falling Dirt. Falling liquids. Flying dust, lint and fibers. Oil or coolant seepage. 21. NEMA 13 - Same as NEMA 12 plus oil or coolant spraying or splashing. 1.8 SUBMITTALS A. Shop Drawings (Product Data): 1. Refer to Division 01 requirements for submittal procedures. 2. Submit shop drawings for equipment and systems as requested in the respective specification sections. 3. Mark general catalog sheets and drawings to indicate specific items submitted. 260500 - 4 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 4. Include proper identification of equipment by name and/or number, as indicated in specification and shown on drawings. 5. When manufacturer's reference numbers are different from those specified, provide correct cross-reference number for each item. Submittals shall be clearly marked and noted accordingly. 6. When luminaires, equipment and items specified include accessories, parts and additional items under one designation, submittals shall be complete and include all required components. 7. Submit shop drawings or product data within thirty (30) days after signing contracts. Submittals must be approved before installation of materials and equipment. 8. Submittals, which are not complete, not permanent, or not properly checked by Contractor, will be returned without review. B. Certificates and Inspections: 1. Obtain and pay for inspections required by authorities having jurisdiction and deliver certificates approving installations to Owner unless otherwise directed. C. Operation and Maintenance Manuals: 1. Refer to Division 01 requirements. 2. Upon completion of work but before final acceptance of system, submit to Architect for approval, 3 copies of operation and maintenance manuals in loose-leaf binders. If "one copy" is larger than 2" thick or consists of multiple volumes, submit only one set initially for review. After securing approval, submit all 3 copies to Owner. 3. Manuals shall be organized by specification section number and shall have table of contents and tabs for each piece of equipment or system. 4. Manuals shall include the following: a. Copies of all shop drawings. b. Manufacturer's operating and maintenance instructions. Include parts lists of all items or equipment. Where manufacturer's data includes several types or models, applicable type or model shall be designated. c. CD ROM's of O&M data with exploded parts lists where available. d. Phone numbers and addresses of local parts suppliers and service companies. e. Internet/WEB page addresses where applicable. f. Wiring diagrams. g. Start up and shut down procedure. h. Factory and field test records. i. Additional information, diagrams or explanations as designated under respective equipment or systems specification section. 5. Instruct Owner's representative in operation and maintenance of equipment. Instruction shall include complete operating cycle on all apparatus. 6. O&M manuals and instructions to Owner shall be provided prior to request for final payment. D. Record Documents: 1. Refer to General Conditions of Contract. Prepare complete set of record drawings. 2. Use designated set of prints of contract documents as prepared by Architect to mark-up for record drawing purposes. 260500 - 5 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.9 JOB CONDITIONS A. Building Access: 1. Arrange for necessary openings in building to allow for admittance of all apparatus. B. Coordination: 1. Provide power wiring and motor control wiring, except temperature control wiring, for motors and electrically powered or electrically controlled equipment, as indicated on electrical contract documents. 2. Connect and wire equipment complete and ready to operate according to wiring diagrams furnished by various trades. 3. Starters, disconnects, relays, wire, conduit, pushbuttons, pilot lights and other devices required for power and control of motors or electrical equipment shall be provided by Electrical Contractor except as specifically noted elsewhere in these specifications. 4. Where starters or other devices are furnished by others they shall be connected and wired by this Contractor. 5. This Contractor's drawings and/or specifications shall show number and HP rating of motors furnished by others, together with their actuating devices. Should any change in size, HP rating or means of control be made to any motor or other electrical equipment after contracts are awarded, Contractor responsible for change shall immediately notify this Contractor. Additional costs due to these changes shall be the responsibility of Contractor initiating the change. 6. Equipment and wiring shall be selected and installed for conditions in which it will be required to perform. (i.e., general purpose, weatherproof, rain tight, explosion proof, dust tight, or any other special type as required.) C. Cutting and Patching: 1. Perform cutting and patching required for complete installation of systems unless otherwise noted. Patch and restore all work cut or damaged to original condition. This includes openings remaining from removal or relocation of existing system components. 2. Provide all materials required for patching unless otherwise noted. 3. Do not pierce beams or columns without permission of Architect and then only as directed. If openings are required through walls or floors where no sleeve has been provided, hole shall be core drilled to avoid unnecessary damage and structural weakening. 4. Where alterations disturb lawns, paving, walks, etc., replace, repair or refinish surfaces to condition existing prior to commencement of work. This may include areas beyond construction limits. D. Housekeeping and Cleanup: 1. Periodically as work progresses and/or as directed by Architect, remove waste materials from building and leave area of work broom clean. Upon completion of work, remove tools, scaffolding, broken and waste materials, etc. from site. 1.10 GUARANTEE A. Guarantee for one year after acceptance by Owner all equipment, materials, and workmanship to be free from defect. B. Repair, replace or alter systems or parts of systems found defective at no extra cost to Owner. 260500 - 6 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services C. In any case, wherein fulfilling requirements of any guarantee, if Contractor disturbs any work guaranteed under another contract, restore such disturbed work to condition satisfactory to Architect and guarantee such restored work to same extent as it was guaranteed under such other contract. PART 2 - PRODUCTS 2.1 PRODUCT SUBSTITUTIONS A. Direct reference on the drawings or in the specifications of model numbers of a certain manufacturer is not intended to imply exclusion from consideration of similar or equivalent products of other manufacturers provided they comply with the following: 1. The item shall physically conform to the space constraints and the surrounding conditions and completely fulfill the function for which it is intended. 2. Complete catalog cut-sheets, specification sheets, and descriptive data shall be submitted for Engineering approval prior to the purchase of such items. 2.2 HOISTING AND RIGGING A. Each contractor shall furnish all required rigging and hoisting equipment and personnel for the installation of his work and for any removal of existing equipment. Each contractor shall be responsible for ensuring that any equipment that is too large to pass through doorways and access ways, or is too heavy to transport across the structure, is brought to the job and set in place before the spaces are enclosed and in pieces as required. PART 3 - EXECUTION 3.1 GENERAL A. Verify elevations and measurements prior to installation of materials. B. Electrical drawings are diagrammatic, indicating general arrangement, approximate sizes, general locations of equipment and outlets. Electrical contractor shall verify dimensions in field; adjust to manufacturer’s Shop Drawings. Do not scale from drawings. C. Architectural and structural drawings supersede electrical drawings. Electrical contractor shall determine that work of this Division can be accommodated within spaces provided. Architect shall be notified of any interference before starting installation. 3.2 DELIVERY, STORAGE, AND HANDLING A. Deliver products to the site under provisions of Division 01. B. Store and protect products under provisions of Division 01. C. Store in a clean, dry space. D. Maintain factory wrapping or provide cover to protect units from dirt, water, construction debris, and traffic. E. Handle in accordance with manufacturer’s written instructions. F. Handle carefully to avoid damage to components, enclosure, and finish. Lift only with lugs provided for the purpose. 260500 - 7 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.3 FLOOR, WALL, ROOF AND CEILING OPENINGS A. Coordinate location of openings, chases, furred spaces, etc. with appropriate Contractors. Provide during progress of construction all sleeves and inserts that are to be built into structure. B. Temporary sleeves, if used to form wall openings, shall be removed prior to installation of permanent materials. Permanent sleeves for wall penetrations shall be minimum 24 ga galvanized sheet metal unless otherwise noted. C. Steel sleeves, when required, shall be Schedule 40 carbon steel pipe with integral water stop. D. For core drilled holes, size and location shall be reviewed and approved by Structural Engineer prior to execution. E. Submit product data and installation details for penetrations of building structure. Submittal shall include schedule indicating penetrating materials, (steel conduit, PVC conduit, cables, cable tray, etc.), sizes of each, opening sizes and sealant products intended for use. F. Where penetrations of fire-rated assemblies are involved, seal penetrations with appropriate firestopping systems as specified. G. Submit complete penetration layout drawings showing openings in building structural members including floor slabs, bearing walls, shear walls, etc. Indicate and locate, by dimension, all required openings including those sleeved, formed or core drilled. Drawings shall be approved prior to preparing openings in structural member. H. Openings for penetrations shall be minimum 1/2" larger on all sides than outside dimensions of raceways or cables. However, where fire resistant penetrations are required, size openings in accordance with recommendations of firestopping systems manufacturer. I. Seal non fire-rated floor penetrations with non-shrink grout equal to Embeco by Master Builders, or urethane caulk, as appropriate. J. Seal non-rated wall openings with urethane caulk. K. Where penetrations occur through exterior walls into building spaces, use steel sleeves with integral water stop, similar to type "WS" wall sleeves by Thunderline Corporation. Seal annular space between sleeves and pipe with "Link-Seal" modular wall and casing seals by Thunderline Corporation, or sealing system by another manufacturer approved as equal by Architect. Sealing system shall utilize Type 316 stainless steel bolts, washers and nuts. L. Provide chrome or nickel plated escutcheons where raceways pass through walls, floors or ceilings and are exposed in finished areas. Size escutcheons to fit raceways for finished appearance. Finished areas shall not include mechanical/electrical rooms, janitor’s closets, storage rooms, etc., unless suspended ceilings are specified. 3.4 EQUIPMENT ACCESS A. Install raceways, junction and pull boxes, and accessories to permit access to equipment for maintenance. Relocation of raceways, or accessories as required, to provide access shall be provided at no additional cost to Owner. 260500 - 8 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services B. Install equipment with ample space allowed for removal, repair or changes to equipment. Provide ready accessibility to equipment and wiring without moving other equipment, which is to be installed or which is already in place. C. Provide access doors where equipment, requiring access for servicing, repairs and maintenance is located in walls, chases or above inaccessible ceilings, unless otherwise noted. Access frames and doors shall be as manufactured by Milcor, Incorporated, or similar, of style applicable to surface. Access doors used in fire-rated construction shall have UL label. Access doors shall be steel, prime coated, except use stainless steel doors in ceramic tile walls, toilet rooms, locker rooms, and in areas subject to excessive moisture. Access doors shall be of sufficient size to allow for total maintenance. Location of access doors shall be coordinated with General Contractor and location of equipment shall be roughed in accordingly. D. Locate electrical outlets and equipment to fit details, panels, decorating or finish at space. Architect reserves the right to make minor position changes of outlet locations before work has been installed. E. Verify door swings before installing room lighting switch boxes and install boxes on latch side of door unless otherwise noted 3.5 EQUIPMENT SUPPORTS A. Provide supporting steel not indicated on drawings as required for installation of equipment and materials including angles, channels, beams, hangers, etc. B. Concrete anchors, used for attachment to concrete, shall be steel shell with plug type. Plastic, rawhide or anchors utilizing lead are not allowed. C. Do not support equipment or luminaires from metal roof decking. 3.6 SUPPORT PROTECTION A. In occupied areas, mechanical rooms and areas requiring normal maintenance access, certain equipment must be guarded to protect personnel from injury. B. Provide minimum 1/2" thick Armstrong Armaflex insulation or similar product applied with Armstrong 520 adhesive on lower edges of equipment, including bus duct, cable tray, pull boxes and electrical supporting devices suspended less than 7 ft above floors, platforms or catwalks in these areas. C. Threaded rod or bolts shall not extend beyond supporting element and shall be protected as described above. 3.7 HOUSEKEEPING PADS A. Provide concrete housekeeping pads for all floor-mounted equipment. B. Pads shall be minimum 4 inches high and be minimum 2 inches wider and longer than the equipment it supports. C. Maintain copies of certified tests, including those for any failed tests, at project site. At completion of project, include copies of test records and certifications in O&M Manuals. 260500 - 9 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.8 ACCEPTANCE TESTING A. Contractor shall perform acceptance testing. Equipment to be tested is noted as "Testing By Electrical Contractor" in technical specification sections. B. When testing is to be witnessed by Architect/Engineer or Inspector, notify them at least 10 days prior to testing date. C. When equipment or systems fail to meet minimum test requirements, replace or repair defective work or materials as necessary and repeat inspection and test. Make repairs with new materials. D. This Contractor is responsible for certifying in writing equipment and system test results. Certification shall include identification of portion of system tested, date, time, test criteria and name and title of person signing test certification documents. E. Maintain copies of certified tests, including those for any failed tests, at project site. At completion of project, include copies of test records and certifications in O&M Manuals. F. 3.9 START-UP A. All systems and equipment shall be started, tested, adjusted and turned over to Owner ready for operation. 1. This includes "Owner-Furnished, Contractor-Installed" (OFCI) and "Contractor-Furnished, Contractor-Installed" (CFCI) systems and equipment. B. Follow manufacturer's pre-start-up checkout, start-up, trouble shooting and adjustment procedures. C. Contractor shall provide services of technician/mechanic knowledgeable in start-up and checkout of types of systems and equipment on project. D. Provide start-up services, by manufacturer's representative where specified or where Contractor does not have qualified personnel. E. Coordinate start-up with all trades. 3.10 CLEANING A. After installation is complete, Contractor shall clean all systems. B. Vacuum debris from panelboards, switchboards, motor starter and disconnect switch enclosures, junction boxes and pull boxes two weeks before energization and again prior to completion. C. Where louvers are provided in switchgear or transformer enclosures, vacuum louvers free of dust and dirt. D. Clean luminary lenses and lamps at time of installation and clean lens exteriors just prior to final inspection. E. Thoroughly clean equipment of stains, paint spots, dirt and dust. Remove temporary labels not used for instruction or operation. 260500 - 10 Common Work Results for Electrical Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services END OF SECTION 260519 - 1 Low Voltage Electrical Power and Cables Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 260519 - LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 RELATED WORK A. Section 260553 – Identification of Electrical Systems B. Section 260533 - Raceway and Boxes for Electrical Systems C. Section 283100 - Fire Alarm System Extension 1.2 REFERENCES A. The Work under this section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 01 General Requirements. 1.3 DESCRIPTION A. Conductor and conduit sizes in these contract documents are based on copper wire. 1.4 REFERENCE STANDARDS A. UL83 - Thermoplastic - Insulated Wires and Cables. B. UL44 - Rubber-Insulated Wires and Cables C. UL486A - Wire Connectors and Soldering Lugs for use with Copper Conductors. D. UL4868 - Wire Connectors for use with Aluminum Conductors. E. UL486C - Splicing Wire Connectors. F. UL1569 - Metal-clad cable. 1.5 SUBMITTALS A. Shop drawings for: 1. Wire 2. Connectors 3. Supports 4. Pulling Compounds PART 2 - PRODUCTS 2.1 FABRICATION AND MANUFACTURER: A. Conductors for use at 600 volts or below shall have 600 volt rated insulation. 1. Wire No. 10 AWG and smaller shall be solid. 2. Wire No. 8 AWG and larger shall be stranded only. B. Motor control wiring: 260519 - 2 Low Voltage Electrical Power and Cables Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1. Type THHN insulation. 2. Shall be stranded copper. C. Wiring in lighting fixture channels: 1. Type THHN insulation. D. Feeder Circuit Wiring: 1. Type THWN or XHHW insulation rated for wet location. 2. 90°C rated cable sized at 75°C rating for connection to 100% rated devices. E. Branch Circuit Wiring: 1. Use Type THHN, THW-2, THWN-2 or XHHW-2 insulation. PART 3 - EXECUTION 3.1 SEQUENCING-SCHEDULING A. Do not install conductors until building is enclosed and weather tight. 3.2 INSTALLATION A. Color code power wiring as follows: 1. 208Y/120 volt, 3 phase, 4 wire: phase A-black, phase B-red, phase C-blue, neutral-white, ground conductor-green, isolated ground conductor – green with yellow stripe. 2. 480Y/277 volt, 3 phase, 4 wire: phase A-brown, phase B-orange, phase C-yellow, neutral-gray, ground conductor-green. 3. The insulation color for conductors #10 AWG and smaller shall match the color code described above throughout the entire length of the conductor. 4. Conductors #8 AWG and larger shall be color coded with plastic tape as described above on each end, in each enclosure, and at every joint, tap, or splice. B. Install conductors in conduits and raceways in such manner that insulation will not be damaged or undue strain placed on conductors. 1. Lubricants shall be UL listed. C. Branch circuit wires in panels shall be neatly arranged with surplus wire cut off and wires tied with non-metallic ties. 1. Metallic ties not permitted. 2. Splices within panels shall not be permitted. D. Conductors shall be attached to terminal screw or lug per UL listing. E. Joints, taps and splices sizes No. 10 and smaller: 1. Ideal-Nut Connectors or Scotchlok Spring connectors of appropriate size and type. 2. Provide label on each conductor to identify panel name and circuit number. F. Joints, taps and splices sizes No. 8 AWG and larger: 1. Aluminum/copper compression connectors. a. Install with hydraulic compression tool. b. Provide label on each conductor to identify panel name and circuit number. 260519 - 3 Low Voltage Electrical Power and Cables Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services G. Plastic snap-on splice insulators are not allowed. H. Support conductors in vertical raceways, exceeding 20’-0” above finished floor, using OZ type "S" cable supports for 600 volt conductors. 3.3 APPLICATION A. Wire, cable boxes and reels shall bear the date of manufacture. 1. Date of manufacture shall not precede contract date by more than one year. B. Minimum conductor sizes shall be as follows: 1. No. 12 - Branch circuits of any kind. C. Limit conduit fill to a maximum of 6 current carrying conductors, unless specifically indicated otherwise. D. Conductors for the life safety and critical branch of the essential power system shall be installed in separate raceways and enclosures from each other and all other power system wiring. 3.4 ACCEPTANCE TESTING A. Testing shall be performed by Electrical Contractor B. Perform electrical acceptance testing on all 600 volt feeders serving panelboards, transfer switches, switchboards, and secondary voltage service entrance equipment. 1. Acceptance testing shall include the following: a. Verify tightness of bolted connections to manufacturer’s specified torque values. b. Perform insulation-resistance test on each conductor with respect to ground and adjacent conductors. 1) Applied potential to be 1000 volts DC for one minute. 2) Minimum insulation resistance shall be 50 megohms. 3) Correct any deviations between adjacent phases and values below minimum. c. Perform continuity test to insure correct cable connection. d. Perform phase rotation test. C. Cables, which are found defective, shall be replaced by Contractor at no expense to Owner. END OF SECTION This page intentionally left blank 260526 - 1 Grounding and Bonding for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 REFERENCE A. The Work under this section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.2 DESCRIPTION OF WORK A. Provide a complete grounding system for services and equipment as required by State Codes, NEC, applicable portions of other NFPA codes, and as indicated herein. B. Maximum resistance to ground shall be less than 5 ohms. 1.3 REFERENCE STANDARDS A. UL 467 Electrical Grounding and Bonding Equipment 1.4 SUBMITTALS A. Shop Drawings: 1. Submit the following: a. Location of system grounding electrode connections. b. Connection type. c. Grounding Electrode Conductor material, size and stranding. d. Ground rod size and material. B. Test Reports: 1. Test reports of resistance to earth for equipment installed shall be submitted for each electrode and for system as a whole. 2. Testing shall be done based on "Fall-of-Potential" method. 3. Each test report shall include: a. Date of test, soil moisture content, and soil temperature b. Test operator c. Instrument or other test equipment used d. Electrode designation or location matching that on shop drawings e. Ground impedance in ohms f. Assumptions made - if required PART 2 - PRODUCTS 2.1 MATERIALS A. Ground rods shall be 5/8” diameter x 10’-0” length copper clad steel. B. Ground connectors shall be irreversible compression type above grade and exothermic welded type below grade, except where indicated otherwise on drawings. 260526 - 2 Grounding and Bonding for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services C. Grounds in concealed, outdoor or in damp/wet locations shall meet IEEE 837 requirements and shall be UL 467 listed. D. Grounded conductors (system neutral) shall be copper with white or gray insulation. E. Equipment grounding conductors shall be copper with green insulation for conductor sizes #6 AWG and smaller. Equipment grounding conductors larger than #6 AWG shall have black insulation wrapped with green tape at the terminations and at every point where the conductor is accessible. F. The main bonding jumper, system bonding jumper, and grounding electrode conductor shall be copper regardless of the conductor type used for the phase conductors. PART 3 - EXECUTION 3.1 SEQUENCING, SCHEDULING A. Service grounds shall be permanently attached before permanent building service is energized. B. Equipment grounds shall be permanently attached prior to energizing equipment. 3.2 INSTALLATION A. Connections shall be exposed and visible for inspection at all times. Do not install insulation over ground connections. B. Metal water pipe, by itself, is not an adequate grounding electrode and must be supplemented by another electrode system. Bond system together. C. Install ground rods 1 ft minimum below grade. Where multiple ground rods are installed, minimum spacing between adjacent rods shall be 10’-0”. D. Grounding connections shall be made on surfaces, which have been cleaned of paint, dirt, oil, etc., so that connections are bare metal to bare metal contact. E. Grounding connections shall be tight and shall be made with UL listed grounding devices, fittings, bushings, etc. F. Duplex receptacles of any amperage shall be grounding type and shall have separate grounding contact. Install separate jumper between grounding terminal on device and metallic box. 3.3 APPLICATION A. Green wire grounding conductor shall terminate in panelboard at green wire ground bus. B. Multiple conductors on single lug shall not be permitted. Each grounding conductor shall terminate on its own terminal lug. C. An equipment grounding conductor shall be provided with phase conductors in conduit, regardless of the type of conduit used. 1. Conductor to provide ground continuity between equipment or device and conduit-raceway system. D. Provide separate green wire grounding conductor for each branch circuit conduit originating from panelboards. 260526 - 3 Grounding and Bonding for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services E. Bond equipment ground to components of raceway system, such as junction boxes, starter or disconnect switch enclosures, equipment cases, etc. F. Grounding conductors for branch circuits shall be size indicated in NEC, except minimum size grounding conductor shall be No. 12 AWG. G. Each branch panel feeder shall have an identified equipment grounding conductor originating at the point of service and terminating at ground bus in panelboard. 1. Size as indicated in NEC except in no instance smaller than No. 8 AWG. H. Grounding conductor is in addition to neutral conductor and in no case shall neutral conductor serve as grounding means. I. Bond lower end of exhaust ducts, vent stacks, etc., which pass through roof. J. Provide grounding conductor from secondary side of each transformer to grounding electrode system as required for separately derived system. 3.4 TESTING A. Test ground resistance of the grounding electrode system at the service entrance prior to energizing the new service. 3.5 INSPECTION A. Prior to backfilling, completed system shall be inspected by the Authority Having Jurisdiction, unless specifically waived in writing. END OF SECTION This page intentionally left blank 260529 - 1 Hangers and Supports for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 260529 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED WORK A. Section 260533 - Raceways and Boxes for Electrical Systems B. Section 262213 – Low Voltage Distribution Transformers 1.2 REFERENCE A. The Work under this Section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements 1.3 DESCRIPTION A. Provide all supporting devices as specified and as required for proper support of conduit and electrical equipment. B. Support for all conditions of operation to prevent excess stress and allow for proper expansion and contraction. 1.4 SUBMITTALS A. Shop drawings for all applicable equipment: 1. Manufacturer's name 2. Model numbers 3. Materials of construction and load ratings (lbs) 4. Schedule of hangers and support devices with support spacing 5. Details for supplementary steel utilized for trapeze or special designed supports. 6. Structural attachments, inserts and concrete anchors 7. Equipment mounting devices 8. All other appropriate data 1.5 DESIGN CRITERIA A. Support materials shall be steel or stainless steel unless specifically indicated. B. Hangers, support devices and hardware shall be steel and shall have factory standard primed, galvanized or electroplated finish for indoor application, and hot-dipped galvanized finish for outdoor application. Coat cut edges, welds or any damaged finish with galvanized paint. C. Where conduit can be conveniently grouped to allow trapeze type supports, supporting steel shall be by means of standard structural shapes. D. Punching, drilling, or welding of building structural steel is not allowed unless approved by Structural Engineer. E. Application of concrete anchors shall be reviewed and approved by Structural Engineer prior to installation. 260529 - 2 Hangers and Supports for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services F. Any proposed weld attachments to building structure shall be reviewed by Structural Engineer prior to execution of work. Execution of this work may be assigned to General Trades responsible for building structural steel. Cost for this work, however, will remain the responsibility of this Contractor. PART 2 - PRODUCTS 2.1 STRUCTURAL SUPPORTS A. Provide all supporting steel, not indicated on structural drawings, that is required for installation of Electrical equipment and materials, including angles, channels, beams, etc. to suspend or floor support equipment. 2.2 PIPE HANGERS AND SUPPORTS (Metallic) A. Manufacturers: Erico, B-Line, or approved equal. 2.3 HANGER RODS (Metallic) A. Rods shall conform to the latest MSS Standards. Furnish rods complete with adjusting and lock nuts. B. Rods shall have electro-plated zinc or hot dip galvanized finish. C. Unless otherwise indicated, size rods for individual hangers and trapeze supports as indicated in the following schedule. Total weight of equipment shall not exceed limits indicated. Maximum Load (lbs.) Rod Max. Pipe Size Not exceeding 650°F Service Temp. Diameter (inches) With Single Rod 610 3/8 2" 1130 1/2 3" 1818 5/8 5" 2.4 BEAM CLAMPS A. Beam Clamps: Anvil Fig. 218, 228 and 292. B. Top Beam Clamps: Anvil Fig. 227. C. C-Clamps: Anvil Fig. 86, 92 or 93. Provide clamps with retaining clips. 2.5 CONCRETE ANCHORS A. Manufacturers: Hilti, Powers or Red Head. B. Flush or shell type, meeting description in Federal specification FF-S-325, Group VIII, Type 1 for expansion shield anchors, similar to Hilti HDI/HDI-L. Anchors shall be zinc plated in accordance with ASTM B633, Sc. 1, and Type III. C. Select anchors with minimum safety factor of 8.0. 2.6 METAL FRAMING SUPPORT SYSTEM (STRUT SYSTEM) A. Manufacturers: Unistrut, B-Line Strut Systems, Power-Strut, and Kindorf. 260529 - 3 Hangers and Supports for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services B. Channels shall have epoxy paint or electro-galvanized finish. C. Channels shall not be lighter than 12 ga. 2.7 ROOF-TOP CONDUIT SUPPORTS A. Manufacturer: Cooper B-Line Dura-Blok PART 3 - EXECUTION 3.1 INSTALLATION A. Support conduit from building structural members using beam clamps, ceiling plates, wall brackets. At no time shall hangers and supports overload building structural members. B. Select and size building attachments properly in accordance with manufacturer's published load rating information. C. Coordinate hanger and support installation to avoid work of other trades. D. Suspend hangers by means of hanger rods. Perforated band iron and flat wire (strap iron) are not allowed. E. Conduit shall not be supported by other conduit. F. Conduit shall not be supported by wire. G. Do not support equipment or conduit from metal roof decking. H. Refer to Section 260500 – Common Work Results for Electrical for requirements of personnel injury protection guards for supporting devices. I. Conduits within metal framed walls shall be supported within 2’-0” of each box or fitting and on 6’-0” centers or less. 3.2 BEAM CLAMPS A. Provide locknut for hanging rod at clamp. B. C-clamps are allowed for rod size 1/2" or smaller. C. C-clamps are not allowed for project having seismic hazard level A, B or C. 3.3 TRAPEZE SUPPORTS A. Construct trapeze supports with struts, angles, or channels and hang them by inserts or welded beam attachments and rods. 3.4 ROOF-TOP CONDUIT SUPPORTS A. Use for all piping on roof. 3.5 CONCRETE ANCHORS A. Anchor application, size, and placement shall be reviewed and approved by Structural Engineer prior to installation. 260529 - 4 Hangers and Supports for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services END OF SECTION 260533 - 1 Raceways and Boxes for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 260533 - RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED WORK A. Section 260529 – Hangers and Supports for Electrical Systems B. Section 260553 – Identification for Electrical Systems 1.2 REFERENCE A. The Work under this section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.3 REFERENCE STANDARDS A. UL 1 - Flexible Metal Electrical Conduit B. UL 6 - Rigid Metal Electrical Conduit C. UL 360 - Liquid-tight Flexible Steel Conduit, Electrical D. UL 514B - Fittings for Conduit and Outlet Boxes E. UL 651 - Schedule 40 and 80 Rigid PVC Conduits F. UL 651A - Type EB and A PVC Conduit and HDPE Conduit G. UL 1242 - Intermediate Metal Conduit H. NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit and Cable Assemblies I. NEMA FB 2.10 - Selection and Installation Guidelines for Fittings for Use with Non-Flexible Electrical Metal Conduit and Tubing J. NEMA FB 2.20 - Selection and Installation Guidelines for Fittings for Use with Flexible Electrical Metal Conduit and Tubing K. NEMA RN 1 - Polyvinyl Chlorides (PVC) Externally Coated Galvanized Rigid Steel Conduit and Intermediate Metal Conduit L. NEMA TC 2 - Electrical Polyvinyl Chloride (PVC) Tubing and Conduit M. NEMA TC 3 - PVC Fittings for Use with Rigid PVC Conduit and Tubing N. ANSI C80-1 - Rigid Steel Conduit - Zinc Coated (GRS) O. ANSI C80-3 - Electrical Metallic Tubing Zinc Coated (EMT) P. ANSI C80-5 - Rigid Aluminum Conduit Q. ANSI C80-6 - Intermediate Metal Conduit - Zinc Coated (IMC) R. ETL VERIFIED PVC-001 – PVC Coated Galvanized Steel Conduit 260533 - 2 Raceways and Boxes for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.4 SUBMITTALS A. Product Data for: 1. Conduit 2. Couplings and fittings 3. Boxes 4. Conduit seals B. Provide list of conduit types indicating where each type is used. PART 2 - PRODUCTS 2.1 CONDUIT AND FITTINGS A. Rigid Galvanized Steel (RGS) Conduit: 1. Heavy wall tubing with hot dipped galvanized coating 2. Connections shall be made with double locknuts and bushings. Bushings to be steel with integral insulator except conduits 2" and below may have high impact thermoset Phenolic insulating bushings. 3. Couplings shall be threaded steel. B. Intermediate Metallic Conduit (IMC) Conduit: 1. Intermediate grade metallic tubing with zinc coating 2. Connections shall be made with double locknuts and bushings. Bushings to be steel with integral insulator except conduits 2" and below may have high impact thermoset phenolic insulating bushings. 3. Couplings shall be threaded steel. C. Electrical Metallic Tubing (EMT) Conduit: 1. Thin wall tubing with zinc coating 2. Couplings and connectors shall be steel, compression type. 3. All connectors shall have insulated throat. D. Rigid Nonmetallic Conduit: 1. Heavy wall rigid, schedule 40 or schedule 80, listed for underground encasement and above ground applications. 2. Use primer/cleaner on glued joints. E. Liquid Tight Flexible Metal Conduit: 1. Electro-galvanized single strip steel with PVC coating. 2.2 BOXES A. Galvanized steel or cast type outlet boxes to accommodate device indicated by symbol, in conformance with code requirements, number and size of conductors and splices and consistent with type of construction. B. Surface mounted boxes shall have the appropriate cover, raised device covers on 4" square and 4-11/16" boxes and handy box covers on handy boxes, etc. C. Boxes in block shall have device covers that are square drawn or square cut. 260533 - 3 Raceways and Boxes for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services D. Boxes in tile shall have square cornered tile covers. E. Front edge of device boxes must be set flush with the finished wall surfaces except on walls of non-combustible materials where the boxes may have maximum set back of 1/4". F. Exterior wall boxes or wet location boxes shall be gasketed type cast boxes with matching cover. G. Gangable type boxes shall not be used. H. Box ears, with tapped holes, must turn into the box opening. I. Junction or pull boxes and covers: 1. Code gauge steel with galvanized or sherardized finish with covers secured by galvanized machine screws. 2. Sufficient size to allow code required minimum cable bending radii to be rolled. 3. Knock out punches shall be used for required holes. 4. Use factory manufactured boxes only. 5. Field fabricated boxes not allowed without prior approval of local Authority Having Jurisdiction (AHJ). J. Conduit Bodies: 1. For use with RGS, IMC or EMT 2. Malleable Iron 3. Cast aluminum - copper free 4. Covers a. Stamped steel b. Cast steel or aluminum c. Stainless Steel Screws d. Neoprene Gaskets 2.3 SUPPORT A. Conduit supports for horizontal or vertical single runs: 1. Hot dipped galvanized heavy-duty sheet steel straps, mineralac clamps or channel system with appropriate components. 2. Spring type pressure clamps may be used with conduit through 3/4". B. Conduit supports for horizontal and vertical multiple runs: 1. Channel systems with appropriate components. a. Horizontal runs to be supported with appropriately sized rods. b. Vertical runs anchored to structure. 2. Spring type pressure clamps may be used with conduit through 3/4". C. Vertical conduit runs 1-1/4" and larger passing through floors shall be supported at each floor with pipe riser clamps. 260533 - 4 Raceways and Boxes for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 3 - EXECUTION 3.1 PROTECTION A. Furnish information to General Contractor as to size and location of built-in openings required. B. Do not cut, remove or pierce general or mechanical insulation, fire rated walls, ceilings or steelwork without prior permission and instruction. 3.2 INSTALLATION A. Conduit 1. Provide for proper application, installation, and location of inserts, supports and anchor bolts for satisfactory raceway system. 2. Where any component of the raceway system is damaged, replace it or provide new raceway system. 3. Run conduits concealed to avoid adverse conditions such as heat and moisture, to permit drainage, and to avoid materials and equipment of other trades. 4. Maintain minimum clearance of 6" from hot water pipes, flues and any high temperature piping or ductwork. 5. Run all conduit grouped and parallel or perpendicular to the building axes. 6. Do not route exposed conduits over boilers or other high temperature machinery or in contact with such equipment. 7. Exposed conduits to be offset at boxes. 8. Conduit shall not be permitted to be installed in concrete. 9. Conduit shall not be permitted to be installed in structural or topping floor slabs. 10. Ream conduit smooth at ends, cap upon installation, rigidly attach to structural parts of building and securely fasten to outlet boxes, panel cabinets, junction boxes, pull boxes, splicing chambers, safety switches and other components of the raceway system. 11. Independently support or attach raceway system to structural parts of construction. Suspended ceiling systems shall not be considered as structural parts of the construction for conduit support. 12. Conduit, conduit systems or boxes shall not be supported or secured by wire, but shall be supported by devices manufactured specifically for this purpose. a. Plastic tie-wrap is not permitted. 13. Conduits supported on channel systems shall be secured on each channel with appropriate clamps. 14. Conduit installed in metal stud walls must be secured to prevent rattling by using Caddy clamps. Install clamps within 2’ of each box and at every 6’ on center. 15. Devices in exterior or load-bearing walls may be fed by horizontal conduit runs. Horizontal bends in conduit around corners is not allowed. Other devices shall be fed vertically from above. 16. Provide empty raceways 2-1/2" and over with No.10 galvanized fishwire. 17. Provide nylon pull cord in conduit smaller than 2-1/2". 18. Coordinate through-roof conduits with roofing contractor. 19. Minimum conduit size: 1/2", except as noted. 20. Home runs: minimum 3/4" conduit, except as noted. 21. Minimum size for flexible metal conduit is 1/2". 22. Minimum size for liquid tight flexible metal conduit is 1/2". 260533 - 5 Raceways and Boxes for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 23. Provide conduit expansion and deflection fittings in all conduit runs imbedded in or penetrating concrete where movement perpendicular to the axis of the conduit may be encountered. 24. Provide conduit expansion fittings complete with bonding jumpers in conduit runs, which cross expansion joints in structure and conduit runs mechanically attached to 2 separate structures. 25. On work exposed to weather or in damp locations fittings shall be made weathertight. 26. Conduit and boxes attached to building surfaces, which may be damp, shall be spaced out to avoid rust and/or corrosion using fittings approved for use. 27. Provide conduit seals where conduits pass from interior to exterior of the building, in moist areas in accordance with NEC, where conduits enter a room which at any time is subject to lower or higher temperatures and where conduits enter a room which at any time is subject to internal air pressures above or below normal. B. Boxes: 1. Set outlet boxes parallel to construction and independently attached to same. 2. Adjust flush type boxes to set level with finished surface. 3. Back to back and through-the-wall boxes are not acceptable. 4. Provide multi-ganged boxes where 2 or more devices are in same location, unless otherwise noted. 5. Box Support: a. Mount boxes straight. b. In stud walls provide horizontal bracing at top or bottom of box for 3 or more gang device boxes. c. For up to 2 gang device boxes, provide stud support one side, with short piece of stud. d. Boxes in masonry walls shall be solidly mortared in. e. Tie wire supported boxes are not acceptable. f. For one and two gang box support, manufactured bracket supports shall be an accepted alternate. 6. Provide partitions in multi-ganged boxes where different types of devices are installed, or devices installed operate at different voltages. 7. Mount boxes in block walls at block joint nearest to indicated height. C. With prior approval by the Engineer, raceway runs may be field changed to obtain better installation. D. Conduit clamps, mounting hardware, supports, hangers, etc., shall be made of stainless steel when located in "wet" or wash-down areas. 3.3 COMMUNICATIONS A. Minimum communications raceway size shall be 1" conduit, unless otherwise noted on drawings. B. Provide one conduit from each communications box. Horizontal conduit runs between wall boxes are not allowed. C. Terminate conduit stub ups above closest accessible corridor ceiling. D. Provide insulated bushings on end of conduits. 260533 - 6 Raceways and Boxes for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services E. Provide flush two-gang box with single gang plaster ring for each communications outlet or as noted on drawings. 3.4 APPLICATION A. Rigid Galvanized Steel (RGS) Conduit: 1. RGS Permitted: a. Installations below grade (or under slabs where approved). b. All locations except corrosive atmospheres. B. Electrical Metallic Tubing (EMT) Conduit: 1. EMT conduit shall be permitted: a. Interior dry locations b. Above suspended ceilings C. Intermediate Metallic Conduit (IMC) Conduit: 1. IMC conduit permitted: a. In slabs b. Interior partitions c. Hazardous locations d. Locations exposed to weather e. Locations requiring mechanical protection. D. Nonmetallic Rigid Conduit: 1. Nonmetallic rigid conduit shall be permitted for: a. Direct burial, concrete encased. b. Direct burial, in sand fill on bottom and top, minimum burial depth of 36”. c. Corrosive atmospheres. E. Liquid Tight Flexible Metal Conduit: 1. Use liquid tight flexible conduit, not over 4 ft in length, for final connections to: a. Equipment in wet locations. b. Equipment with vibration isolation mounting. c. Equipment housing ferromagnetic cores or with integral moving components, capable of generating noise or vibrations including transformers and motors. d. Pumps and associated equipment. e. Instruments and control devices. END OF SECTION 260553 - 1 Identification for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 260553 - IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED WORK A. Section 260519 - Low Voltage Electrical Power Conductors and Cables B. Section 260533 - Raceways and Boxes for Electrical Systems C. Section 262213 - Low Voltage Distribution Transformers D. Section 262416 – Panelboards E. Section 262726 - Wiring Devices F. Section 262816 – Enclosed Switches and Circuit Breakers G. Section 262913 - Enclosed Controllers 1.2 REFERENCE A. The Work under this Section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.3 SUBMITTALS A. Product Data: For each electrical identification product. B. Samples: For each type of label and sign to illustrate color, lettering style, and graphic features of identification products. PART 2 - PRODUCTS 2.1 IDENTIFYING DEVICES A. Marker System: 1. Manufacturers: Brady USA, Ideal, Marking Services Inc. (MSI), Seton, or approved equal. B. Laminated Plastic Nameplates: 1. ASTM D 709, Type I, cellulose, phenolic-resin-laminate engraving stock; Grade ES-2, black surface, black phenolic core, with white melamine subcore. 2. Nameplates shall have minimum 1/4" high lettering. 3. Face of nameplate to be black and letters to be white. 4. Fasteners shall be small metal screws, pop rivets or contact-type with permanent adhesive. 260553 - 2 Identification for Electrical Systems Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 3 - EXECUTION 3.1 GENERAL A. After painting is completed, identify equipment as indicated. Locate identification as conspicuously as possible except where such would distract from finished area. 3.2 IDENTIFICATION A. Nameplates shall be securely attached to non-concealed junction box covers of the following: 1. Electrical Distribution System 2. Fire Alarm System B. Engraved plastic nameplates shall be securely attached to: 1. Each panelboard 2. Each switchboard 3. Each motor starter 4. Each separately mounted circuit breaker or disconnect switch 5. Each overcurrent device in distribution panelboards and switchboards 6. Each transformer C. 4" round, 4" square and 4-11/16" junction boxes concealed above ceilings shall be identified with circuits contained using neat lettering on cover with permanent type black marking pen. Label shall include panel name along with branch circuit numbers included. D. Nameplates shall identify equipment or load controlled and/or function and shall be the same as indicated on contract documents. Voltages and feeder point of origination shall be shown on panelboard nameplates. E. Submit identification to Engineer for approval. Engineer reserves the right to modify identifications prior to shop drawing approval. F. Group conductors as to circuits and arrange in neat manner in pull boxes, cabinets and panelboards. Group, bind together with nylon ties and identify conductors as to feeder or branch circuit. Phase identification shall be consistent throughout system. G. Identify each conductor of all systems at each panel, pull box and at each outlet with permanently attached, wrap around, adhesive markers. H. Identification of junction boxes and conductors shall include panelboard, switchboard or motor control center, circuit number, phase, control circuit number or other appropriate number or letter that will expedite future tracing and trouble shooting. I. Conduit, boxes, and enclosures shall be painted in colors indicated below so as to be readily identified by power source or essential system branch. 1. Fire Alarm Red 3.3 PANEL CIRCUIT IDENTIFICATION A. Furnish typewritten indices for each branch circuit and lighting panelboard clearly identifying the load served by each circuit. END OF SECTION 262213 - 1 Low Voltage Distribution Transformers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 262213 - LOW VOLTAGE DISTRIBUTION TRANSFORMERS PART 1 - GENERAL 1.1 RELATED WORK A. Section 26 0526 – Grounding and Bonding for Electrical Systems B. Section 26 0553 – Identification for Electrical Systems C. Section 260529 – Hangers and Supports for Electrical Systems 1.2 REFERENCE A. The Work under this section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.3 REFERENCE STANDARDS A. ANSI C57.12.55 - Dry Type Transformers in Unit Installations, including Unit Substations - Conformance Standard B. ANSI C57.12.70 - Terminal Markings and Connections for Distribution and Power Transformers C. NEMA ST20 - Dry Type Transformers for General Applications D. UL 1561 - Dry Type General Purpose and Power Transformers E. NEMA TP-1, EPA EnergyStar F. DOE CsI3 1.4 SUBMITTALS A. Shop drawings for equipment provided under this section. B. Transformer shop drawings for each size and type unit supplied shall include: 1. Physical dimensions, including weight. 2. kVA rating, tap connections and locations. 3. Insulation class and temperature rise by resistance. 4. Efficiency values measured at 0, 25, 50, 75 and 100% linear load. 5. Efficiency values measured at 50% non-linear load. 6. Impedance values including X/R ratio and %Z. 7. Sound level. 8. "K" factor rating. 9. NEMA rating. 262213 - 2 Low Voltage Distribution Transformers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 2 - PRODUCTS 2.1 MATERIALS A. Acceptable Manufacturers: Square D, General Electric, Cutler-Hammer, or Siemens. 2.2 DESIGN CRITERIA A. Transformers (15 kVA - 300 kVA) 1. Three phase transformers shall be 60 hertz, with primary and secondary windings and voltages as indicated. KVA ratings and impedances shall be as scheduled on the drawings. 2. Transformers shall be convection air cooled, 3-coil, 2 winding type with minimum of four 2-1/2% full capacity primary taps with two above nominal and two below nominal rating. 3. 115°C temperature rise above 40°C ambient shall apply to transformers from 15 kVA to 112.5 kVA and shall be capable of carrying 15% continuous overload without exceeding 150°C rise. 4. 80°C temperature rise above 40°C ambient shall apply to transformers above 112.5 kVA and shall be capable of 30% continuous overload without exceeding 150°C rise. 5. Top of enclosure shall not exceed maximum temperature of 50°C above 40°C ambient. 6. Manufacturer shall guarantee that sound levels will not exceed: a. 45 dB for 15-50 kVA transformers b. 50 dB for 51-150 kVA transformers c. 55 dB for 151-300 kVA transformers 7. Insulating material shall be in accordance with NEMA ST20 standard for 220°C UL component recognized insulation system. 8. Ventilation openings shall be designed to prevent accidental access to live parts. 9. Efficiencies shall meet or exceed NEMA TP-1 when operated from 25% - 100% rated load. 2.3 FABRICATION A. Transformer coils shall be continuous wound construction and impregnated with non-hygroscopic, thermosetting varnish. B. Cores shall be high-grade silicon steel, non-aging with high magnetic permeability, low eddy current losses and low hysteresis. Magnetic flux densities shall be below saturation point. Core laminations shall be clamped with steel members. C. Coil conductors shall be continuous copper or aluminum with terminations brazed or welded up to 75 KVA and bolted 112.5 KVA and above. D. Provisions shall be made to isolate core and coil from enclosure. There shall be no metal-to- metal contact. Rubber vibration absorbing mounts shall be used to isolate base of enclosure from core and coil assembly. E. Ground transformer neutral to enclosure with flexible grounding conductor. F. Entire transformer enclosure shall be degreased, cleaned, phosphatized, primed and finished with baked enamel. 262213 - 3 Low Voltage Distribution Transformers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 3 - EXECUTION 3.1 INSTALLATION A. Transformers shall be mounted as scheduled on the drawings. Suspended units shall be mounted on brackets supplied by the manufacturer, if such are available. If not available, shop drawings of the proposed brackets shall be submitted prior to fabrication or purchase. B. Provide ample space for air circulation around all sides in accordance with the manufacturer’s recommendations. C. Connections shall be: 1. At sides near bottom 2. Made with liquid tight flexible metal conduit in length not to exceed 3 ft. D. The installation shall be performed to minimize the transfer of vibration from the transformer to its surroundings. 3.2 ADJUSTMENTS A. Prior to final inspection, adjust taps to coincide with load and utility voltages. 3.3 ACCEPTANCE TESTING A. Testing shall be performed by the Electrical Contractor. END OF SECTION This page intentionally left blank 262416 - 1 Panelboards Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 262416 - PANELBOARDS PART 1 - GENERAL 1.1 RELATED WORK A. Section 260553 – Identification for Electrical Systems 1.2 REFERENCE A. The Work under this section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.3 DESCRIPTION A. Provide Lighting and Appliance panelboards as indicated on drawings and as scheduled. 1.4 REFERENCE STANDARDS A. NECA 407 - Recommended Practice for Installing and Maintaining Panelboards. B. NEMA AB-1 - Molded Case Circuit Breakers and Molded Case Switches. C. NEMA AB-3 - Molded Case Circuit Breakers and Their Application. D. NEMA PB-1 - Panelboards. E. NEMA PB-1.1 - General Instructions For Proper Installation, Operation, and Maintenance of Panelboards Rated 600 Volts or Less. F. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum). G. UL486A - Wire Connectors and Soldering Lugs for Use with Copper Conductors. H. UL486B - Wire Connectors for Use with Aluminum Conductors I. UL 489 - Molded Case Circuit Breakers, Molded Case Switches and Circuit Breaker Enclosures. J. UL 67 - Electric Panelboards. 1.5 SUBMITTALS A. Contractor shall submit shop drawings for all equipment provided under this specification section. B. Shop drawings shall include: 1. Manufacturers data on panelboards including, but not limited to, voltage, number of phases, frequency, and short-circuit and continuous current ratings. 2. Layout drawings, including dimensions and circuit breaker arrangement, of all panelboards. 262416 - 2 Panelboards Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 2 - PRODUCTS 2.1 MATERIALS A. Acceptable Manufacturers: Eaton (basis of design), Square D, Siemens, or General Electric. B. A single source manufacturer is required for all electrical equipment. 2.2 DESIGN CRITERIA - PANELBOARDS A. Lighting and Appliance Panelboards 1. Panelboards shall: a. Have copper or aluminum bussing. b. Have full ampacity bussing throughout and shall be full size in regard to number of possible pole spaces. 42 poles per section except where shown to be less. c. Be identified with phases reading left to right, and circuits alternately numbered left to right - odd number on left, even on right. d. Be door-in-door construction. e. Have fully rated short circuit rating equal to or greater than equipment rating shown in documents. Series rating shall not be permitted. f. Be labeled with short circuit current rating. g. Be factory assembled. B. Minimum dimensions shall be 20" wide x 5 3/4" deep. C. Provide gutter and wiring space to meet codes and standards requirements. D. Electrical Contractor shall instruct manufacturer as to where additional wiring gutter space is required, i.e., top, bottom, right, left or combination. E. Panelboards mounted adjacent to one another in finished exposed spaces shall have identical panel and trim height. F. Panelboard circuit breakers shall be numbered to match schedule on drawings. G. Fronts shall be complete with cylinder type lock and catch and all cylinders shall be keyed alike. Provide 2 keys per panelboard to Owner at project completion. H. Panelboard cabinets including boxes and fronts shall be code gage galvanized steel. I. The ampere rating of all devices shall be visible without removal of the dead front cover. 2.3 DESIGN CRITERIA – DISTRIBUTION PANELS A. Distribution Panelboards 1. Distribution Panelboards shall: a. Have copper or aluminum bussing. b. Have fully rated short circuit rating equal to or greater than equipment rating shown in documents. Series rating shall not be permitted. c. Be labeled with short circuit current rating. d. Be factory assembled. B. Provide gutter and wiring space to meet codes and standards requirements. 262416 - 3 Panelboards Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services C. Electrical Contractor shall instruct manufacturer as to where additional wiring gutter space is required, i.e., top, bottom, right, left or combination. D. Distribution panelboard circuit breakers shall be numbered to match schedule on drawings. E. Fronts shall be complete with cylinder type lock and catch and all cylinders shall be keyed alike. Provide 2 keys per distribution panelboard to Owner at project completion. F. Distribution panelboard cabinets including boxes and fronts shall be code gage galvanized steel. G. The ampere rating of all devices shall be visible without removal of the dead front cover. H. Provide circuit breakers with microprocessor-based RMS sensing trip units as indicated on drawings. I. Solid State Trip Units 1. Provide breakers with solid-state microprocessor based trip units. a. Unit shall consist of current sensors, solid-state trip device, flux transfer shunt trip and solid-state adjustable time/current curve shaping elements. 2. Solid state elements shall provide: a. Long time pickup settings and long time delay bands. b. Short time pickup settings and short time delay bands. c. Instantaneous trip settings with switchable I2t ramp. 3. Adjustments shall be made using non-removable, discrete steps. 4. Sealable transparent cover shall be provided over adjustments. 5. Trip unit shall indicate: a. Long time fault b. Short time fault c. Instantaneous fault 2.4 FABRICATION AND MANUFACTURER A. Lugs for incoming feeders shall be for use with copper or aluminum conductors. B. Main lugs or main breakers may be top or bottom mounted to coordinate with incoming feeder entrance location selected by Electrical Contractor. C. Circuit breakers shall be molded case quick-make, quick-break, with thermal magnetic trip. D. Multi-pole breakers shall have common internal trip. Handle-ties are not permitted. E. All circuit breakers used on multi-wire branch circuits shall have a common trip mechanism. F. Breakers shall have ampere rating as scheduled. G. All circuit breakers shall be bolt-on type. H. Provide uninsulated grounding bus bar in each panel. 1. Bus bar shall have lug or lugs for grounding conductor from switchboard or distribution panel. 2. 42 or same number as poles in panel, screw type terminals for connection of equipment grounding conductors. 3. Terminals shall be sized for No.12 through No. 6 wire. 262416 - 4 Panelboards Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 4. Bus bar shall be welded or bolted to back of panel cabinet. I. Neutral bus shall not be used as grounding bus or vice versa. Neutral conductors shall terminate in neutral bus and grounding conductors shall terminate in grounding bus. 1. 42 or same number as poles in panel, screw type terminals for connection of grounded conductors(neutral). PART 3 - EXECUTION 3.1 INSTALLATION A. Final locations, sizes and mounting of panelboards shall be reviewed to verify the existence of code required minimum working space clearances prior to installation. B. Install panelboards and enclosures, in accordance with manufacturer's written instructions, and in compliance with recognized industry practices. C. Fasten enclosures firmly to walls and structural surfaces, ensuring they are permanently and mechanically anchored. D. Top breaker handle: Maximum of 6 ft above finished floor. E. Tighten connectors and terminals in accordance with equipment manufacturer's published torque tightening values. F. Prior to energization of panelboards, check phase-to-phase and phase-to-ground insulation resistance levels. G. Prior to energization, check panelboards for electrical continuity of circuits and for short-circuits. H. Panelboard shall have typewritten circuit schedule installed inside cover of each panelboard. I. Schedule shall be covered with clear plastic and shall include description of connected loads, room numbers, room name, area, or item served for each branch circuit. J. Label spare circuits as "SPARE". K. Room numbers used shall be those used by Owner except as otherwise directed by Architect. L. All panelboards shall be identified with a phenolic label to match the designation used in the contract drawings. Refer to Specification Section 260553 – Identification for electrical systems for requirements. M. Leave spare breakers in OFF position. N. Panels to have enamel finished trim in manufacturer's standard color. 3.2 ADJUSTMENTS AND CLEANING A. Prior to final inspection clean panelboard interiors, adjust trims, covers, hinges and locks and refinish marred or scratched covers to original condition. B. Balance the lighting or continuous load on panelboards so the phases are balanced to within 10% of each other. Reconnect or redistribute circuits and/or circuit breakers to achieve balanced condition. 262416 - 5 Panelboards Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services END OF SECTION This page intentionally left blank 262726 - 1 Wiring Devices Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 262726 - WIRING DEVICES PART 1 - GENERAL 1.1 RELATED WORK A. Section 260526 - Grounding and Bonding for Electrical Systems B. Section 260533 - Raceways and Boxes for Electrical Systems 1.2 REFERENCE A. The Work under this section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.3 DESCRIPTION OF SYSTEM A. Provide devices such as switches, receptacles, plates, etc., as shown on drawings and specified. B. All openings shall be covered with either devices and matching plates, solid blank plates or blank plates with bushed opening. C. Unless otherwise noted, wiring devices of same type shall be from same manufacturer. 1.4 REFERENCE STANDARDS A. Federal Spec. W-C-596F Federal Specifications for Electrical Power Connections. B. ANSI NEMA WD-6 Wiring Devices - Dimensional Requirements. C. NEMA WD-1 General Color Requirements for Wiring Devices. D. UL 20 - General Use Snap Switches. E. UL 498 - Attachment Plugs and Receptacles. 1.5 SUBMITTALS A. Shop drawings for equipment under this Section. B. Plate sample. C. Weatherproof cover plate samples. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Items specified: 1. Toggle Switches 2. Simplex and Duplex Receptacles 3. Plates 262726 - 2 Wiring Devices Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services B. Acceptable Manufacturers: Leviton and Hubbell part numbers are indicated throughout this specification. This is provided with the intent of showing the level of quality required for each device. Unless specifically stated otherwise, products from alternate manufacturers will be accepted provided they are a comparable product of the same level of quality and capable of performing the intended function. 1. Leviton 2. Pass & Seymour 3. Hubbell 4. General Electric 5. Arrow Hart 2.2 FABRICATION A. Switches: 1. Switches shall be industrial grade 20 ampere, 120-277 volt, AC, quiet type, unless otherwise noted. a. Single pole - Leviton 1221-2 b. Double pole - Leviton 1222-2 c. Three-way - Leviton 1223-2 d. Four-way - Leviton 1224-2 2. Switches shall be white colored for the normal branch and red colored for the essential branch. Switches shall be UL verified to Federal Specification W-S-896. 3. Lighted handle switches shall be 20 ampere, 120-277 volt, AC, with red handle. a. Single pole – Leviton 1221-LH. B. Receptacles: 1. Receptacles shall be industrial grade 20 ampere, 125 volt, duplex, nylon face, grounded, with separate grounding screw and NEMA 5-20R plug configuration. a. Standard receptacle shall be Leviton 5362 2. Receptacles shall be white colored. 3. Receptacles shall be grounded. 4. Switched receptacles shall have upper half switched and lower half not switched. 5. Ground Fault Circuit Interrupter (GFCI) receptacles 20 ampere, 125 volt, duplex, with feed-through design to protect downstream devices. a. GFCI receptacles shall be commercial grade. 2.3 WALL PLATES A. Wall plates shall be galvanized steel in the shop area. B. Weatherproof covers, which are weatherproof when receptacle is in use, shall be commercial grade powder-coated cast zinc and shall be suitable to type of box to be covered. 1. Vertical weatherproof receptacle covers shall be Leviton M5979-0GY. 2. Horizontal weatherproof receptacle covers shall be Leviton M5999-0GY. 262726 - 3 Wiring Devices Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 3 - EXECUTION 3.1 INSTALLATION A. All wall plates shall be engraved with the respective panel name and branch circuit number. B. Indicated dimension are to center line of device. C. Install devices at heights scheduled below, and as indicated on drawings. 1. Switches 48” to top of device 2. Receptacles 18” to top of device D. Install duplex wall receptacles vertically with ground contacts up except where shown otherwise or where space problem occurs. E. Install devices above counters 2" to bottom above countertop or backsplash. Install at same height all devices above any one counter or fixed cabinet. Verify locations prior to rough-in. F. Install special purpose receptacles and switches and fixed equipment connections according to shop drawings and rough-in drawings to be furnished by trade(s) providing such equipment. Verify locations prior to rough-in. G. Install lighting switches vertically on latch side of door within 6" of frame edge. H. Install devices plumb, level with finished surfaces and free from blemishes. END OF SECTION This page intentionally left blank 262813 - 1 Fuses Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 262813 - FUSES PART 1 - GENERAL 1.1 RELATED WORK A. Section 262816 - Enclosed Switches and Circuit Breakers 1.2 REFERENCE A. The Work under this section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.3 DESCRIPTION A. This Section includes nonrenewable cartridge fuses, rated 600V and less, for use in switches, panelboards, switchboards, motor controllers, and motor-control centers. B. Voltage and amperage ratings: Class Volts Amperage J 600 0-600 L 250 or 600 601-6000 RK1 250 or 600 0-600 RK5 250 or 600 0-600 1.4 REFERENCE STANDARDS A. NEMA FU 1 - Low Voltage Cartridge Fuses. B. UL 198C - High Interrupting Capacity Fuses, Current Limiting Type. C. UL 248 - 1-Low Voltage Fuses - General Requirements D. UL 248 - 8 - Class J Fuses E. UL 248 - 10 - Class L Fuses F. UL 248 - 12 - Class R Fuses G. UL 512 - Fuse Holders 1.5 SUBMITTALS A. Product Data: Include the following for each fuse type being provided: 1. Dimensions and manufacturer's technical data on features, performance, electrical characteristics, and ratings. 2. Let-through current curves for fuses with current-limiting characteristics. 3. Time-current curves and related data. 262813 - 2 Fuses Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 2 - PRODUCTS 2.1 MANUFACTURER A. The following are acceptable manufacturers: 1. Bussmann 2. Gould Shawmut 3. Littelfuse 2.2 CARTRIDGE FUSES A. Characteristics: nonrenewable cartridge fuse; class and current rating indicated; voltage rating consistent with circuit voltage. 2.3 FUSEBLOCKS A. Thermoplastic base. UL flammability: 94VO B. Clip reinforcing springs, 100 amps and above. C. 200,000 A. RMS Sym withstand rating. D. Copper or aluminum connections. 2.4 TOUCH SAFE FUSEHOLDERS A. Thermoplastic. UL flammability: 94VO B. Cover over fuses. PART 3 - EXECUTION 3.1 EXAMINATION A. Examination utilization equipment nameplates and installation instructions. Install fuses of sizes and with characteristics appropriate for each piece of equipment. 3.2 APPLICATIONS A. Main Service: Class L or Class J, as applicable. B. Feeders: Class L or Class J, as applicable. C. Motor Branch Circuits: Class RK1 or Class RK5. D. Other Branch Circuits: Class RK1 or Class RK5. 3.3 INSTALLATION A. Install fuses in fusible devices. Arrange fuses so rating information is readable without removing fuse. 3.4 EXTRA MATERIALS A. Fuses: At the completion of construction, provide three (3) spare fuses of each rating installed to the Owner. 262813 - 3 Fuses Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3.5 IDENTIFICATION A. Install labels indicating fuse replacement information on inside door of each fused device. END OF SECTION This page intentionally left blank 262816 - 1 Enclosed Switches and Circuit Breakers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 262816 - ENCLOSED DISCONNECT SWITCHES AND CIRCUIT BREAKERS PART 1 - GENERAL 1.1 RELATED WORK A. Section 260553 – Identification for Electrical Systems B. Section 262813 - Fuses 1.2 REFERENCE A. The Work under this section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.3 DESCRIPTION A. This Section covers disconnect switches located remote from motor control centers or panelboards for disconnection of power to fixed electrical equipment. 1.4 REFERENCE STANDARDS A. NEMA AB 1 - Molded Case Circuit Breakers and Molded Case Switches. B. NEMA KS 1 - Enclosed and Miscellaneous Distribution Equipment Switches (600 Volts Maximum). C. UL 98 - Enclosed and Dead Front Switches. D. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum). E. UL 489 - Standard for Molded Case Circuit Breakers and Circuit Breaker Enclosures. 1.5 SUBMITTALS A. Shop drawings for equipment provided under this specification section. B. Submittal shall be catalog cut sheet indicating: voltage, amperage, HP ratings, enclosure type, dimension, fuse clip features, terminal lugs and all accessories including interlock devices. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Square D, Siemens, Eaton, or General Electric. 2.2 FABRICATION A. All safety disconnect switches shall be heavy duty type. B. Switch Interiors: 1. Shall have switch blades that are visible in "OFF" position when switch door is open. 2. Current carrying parts shall be plated. 262816 - 2 Enclosed Switches and Circuit Breakers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 3. Shall have removable arc suppressors to permit easy access to line side lugs. 4. Lugs shall be front removable and UL listed for 60°C or 75°C, aluminum or copper conductors. C. Switch Mechanism: 1. Quick-make, quick-break. 2. Provisions for at least 3 padlocks to lock switch in "OFF" position. 3. Dual cover interlock to prevent unauthorized opening of switch door when handle is in "ON" position, and to prevent closing of switch mechanism with door open. 4. Defeat mechanism to bypass interlock. 5. The operating handle shall be an integral part of the enclosure. 6. Handle position shall indicate whether switch is "ON" or "OFF". D. Ratings: 1. Ampacity as indicated on drawings. 2. Horsepower rated. 3. All switches shall be rated at 480V minimum, unless specifically indicated as 240V rated on drawings. 4. Switches rated 30A through 600A: a. Shall be equipped with Class J fuses where required to be fused. b. Short circuit rating, when equipped with Class J fuses shall be 200,000 rms symmetrical amperes. 5. 800 and 1200 ampere switches: a. Provisions for Class L fuses b. Short circuit rating of 200,000 rms symmetrical amperes. E. Accessories: 1. Provide solid neutral assembly on units where required. 2. Provide equipment ground kit on all units. 3. Provide factory installed fuse puller on fused units. F. Enclosures shall be rated NEMA 1, NEMA 3R, NEMA 4, NEMA 4X, and NEMA 12 as required by environmental conditions or as indicated on the drawings. 262816 - 3 Enclosed Switches and Circuit Breakers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services PART 3 - EXECUTION 3.1 INSTALLATION A. The Electrical Contractor shall provide a disconnect switch at each motor as required by NFPA 70, regardless of who provided the motor. B. Disconnect switches shall be installed on the line side of all controls and taps to ensure safety during maintenance and repair operations. C. Disconnect switches shall be installed on the line side of variable frequency drives, unless the drawings indicate otherwise. D. Disconnect switch mounting height shall be a minimum of 36" above grade or roof line. E. All disconnect switches shall be provided with a phenolic label on the front indicating the piece of equipment that is being controlled. Refer to Specification Section 260553 – Identification for Electrical Systems for label requirements. END OF SECTION This page intentionally left blank 262913 - 1 Enclosed Controllers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 262913 - ENCLOSED CONTROLLERS PART 1 - GENERAL 1.1 RELATED WORK A. Section 260553 – Identification for Electrical Systems 1.2 SECTION INCLUDES A. Manual motor controllers B. Magnetic motor controllers 1.3 REFERENCES A. NFPA® 70 - National Electrical Code® (NEC®). B. UL® 198C - High-Interrupting Capacity Fuses; Current Limiting Type. C. UL 198E - Class R Fuses. D. NECA, "Standard of Installation" - published by National Electrical Contractors Association. E. NEMA AB 1 - Molded Case Circuit Breakers. F. NEMA ICS 2 - Industrial Control Devices, Controllers, and Assemblies. G. NEMA ICS 6 - Enclosures for Industrial Controls and Systems. H. NEMA KS 1 - Enclosed Switches. 1.4 SUBMITTALS A. Product Data: Provide catalog sheets showing voltage, controller size, ratings and size of switching and overcurrent protective devices, short circuit ratings, dimensions, and enclosure details. B. Test Reports: Indicate field test and inspection procedures and test results. C. Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by Product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, installation, and starting of Product. 1.5 QUALITY ASSURANCE A. Perform work in accordance with NECA Standard of Installation. B. Maintain one copy of submittal document on site. 1.6 QUALIFICATIONS A. Manufacturer: company specializing in manufacturing the products specified in this section with minimum ten years of documented experience. 262913 - 2 Enclosed Controllers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 1.7 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and indicated. PART 2 - PRODUCTS 2.1 MANUFACTURERS: FRACTIONAL HORSEPOWER MANUAL MOTOR CONTROLLER A. Square D - Class 2510 Type F. 1. Description: NEMA ICS 2, ac general-purpose Class A manually operated, full-voltage controller for fractional horsepower induction motors, with thermal overload unit and toggle operator. 2. Enclosure: ANSI®/NEMA ICS 6, Type 1. 2.2 MANUFACTURERS: MAGNETIC MOTOR CONTROLLERS - NON-REVERSING A. Square D - Class 8536 Type S. 1. Description: NEMA ICS 2, ac general-purpose Class A magnetic controller for induction motors rated in horsepower. 2. Coil operating voltage: 120 volts, 60 Hz. 3. Coil: Be of encapsulated type. 4. Poles: as indicated. 5. Size: as indicated. 6. Contacts: Totally enclosed, double-break, silver-cadmium-oxide power contacts. Contact inspection and replacement shall be possible without disturbing line or load wiring. 7. Wiring: Straight-through wiring with all terminals clearly marked. 8. Overload Relay: NEMA ICS a. Solid State: Trip current rating will be established by selection of overload relay and shall be adjustable (3 to 1 current range). The overload shall be self-powered, provide phase loss and phase unbalance protection, have a permanent tamper guard, and be ambient insensitive. It will also be available in Trip Class 10 or 20 and have a mechanical test function. b. Outputs: Unit will be designed for addition of either a normally open or normally closed auxiliary contact and be field convertible. c. Reset: Unit shall offer both manual reset and remote reset using an external module. 9. Enclosure: ANSI/NEMA ICS 6, Type as required to meet conditions of installation. B. Product Options and Features 1. Auxiliary Contacts: NEMA ICS 2, 1 each normally open and normally closed field convertible contacts in addition to seal-in contact. 2. Cover Mounted Pilot Devices: NEMA ICS 2, standard duty type. 3. Pilot Device Contacts: NEMA ICS 2, Form Z, rated A150. 4. Indicating Lights: LED type. 5. Selector Switches: Rotary type. 6. Relays: NEMA ICS 2. 262913 - 3 Enclosed Controllers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 7. Control Power Transformers: 120 volt secondary, 150VA minimum, in each motor starter. Provide fused primary and secondary, and bond unfused leg of secondary to enclosure. 2.3 MANUFACTURERS: DISCONNECT SWITCH TYPE COMBINATION MAGNETIC MOTOR CONTROLLERS - NON-REVERSING A. Square D - Class 8538 Type S. 1. Description: Combine magnetic motor controllers with fusible switch disconnect in common enclosure. Switch shall have a color coded externally operated handle. Operating handle shall give positive visual indication of ON/OFF with red and black color-coding. a. Fusible Switch Assemblies: NEMA KS 1, enclosed knife switch with externally operable handle. Fuse clips: Designed to accommodate Class J fuses and visible blades. Operating handle shall give positive visual indication of ON/OFF with a color-coded operating handle. 2. Switch shall have fuse clips to accept Dual element, current limiting, one-time fuse, 600 volt, UL 198C, Class J Interrupting Rating: 200,000 rms amperes. 3. Magnetic Motor Controllers: NEMA ICS 2, ac general-purpose Class A magnetic controller for induction motors rated in horsepower. 4. Coil operating voltage: 120 volts, 60 Hz. 5. Coil: Be of encapsulated type. 6. Poles: as indicated. 7. Size: as indicated. 8. Contacts: Totally enclosed, double-break, silver-cadmium-oxide power contacts. Contact inspection and replacement shall be possible without disturbing line or load wiring. 9. Wiring: Straight-through wiring with all terminals clearly marked. 10. Overload Relay: NEMA ICS b. Solid State: Trip current rating will be established by selection of overload relay and shall be adjustable (3 to 1 current range). The overload shall be self-powered, provide phase loss and phase unbalance protection, have a permanent tamper guard and be ambient insensitive. It will also be available in Trip Class 10 or 20 and have a mechanical test function. c. Outputs: Unit will be designed for addition of either a normally open or normally closed d. auxiliary contact and be field convertible. e. Reset: Unit shall offer both manual reset and remote reset using an external module. 11. Enclosure: ANSI/NEMA ICS 6, Type as required to meet conditions of installation. B. Product Options and Features: 1. Auxiliary Contacts: NEMA ICS 2, 1 each normally open and normally closed field convertible contacts in addition to seal-in contact. 2. Cover Mounted Pilot Devices: NEMA ICS 2, standard duty type. 3. Pilot Device Contacts: NEMA ICS 2, Form Z, rated A150. 4. Indicating Lights: LED type. 5. Selector Switches: Rotary type. 6. Relays: NEMA ICS 2. 262913 - 4 Enclosed Controllers Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services 7. Control Power Transformers: 120 volt secondary, 150VA minimum, in each motor starter. Provide fused primary and secondary, and bond unfused leg of secondary to enclosure. PART 3 - EXECUTION 3.1 INSTALLATION A. Install enclosed controllers where indicated, in accordance with manufacturer's instructions. B. Install enclosed controllers plumb. C. Height: 5 ft (1.6 m) to operating handle. D. Install fuses in fusible switches. E. Adjust the solid state overload in motor controllers to match installed motor characteristics. F. Provide a laminated label on each motor controller door identifying motor served, nameplate horsepower, along with panel name and circuit number. 3.2 FIELD QUALITY CONTROL A. Inspect and test each enclosed controller to NEMA ICS 2. END OF SECTION 283100 - 1 Fire Alarm System Extension Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services SECTION 283100 FIRE ALARM SYSTEM EXTENSION PART 1 - GENERAL 1.1 RELATED WORK A. Section 260519 – Low Voltage Electrical Power Conductors and Cables B. Section 260533 - Raceways and Boxes for Electrical Systems 1.2 REFERENCE A. The Work under this Section is subject to requirements of the Contract Documents including the General Conditions, Supplementary Conditions, and sections under Division 1 General Requirements. 1.3 DESCRIPTION OF WORK A. Furnish and install fire alarm system extension as shown on the drawings and as specified in this section. 1.4 SUBMITTALS A. Submit complete manufacturer’s specification data on each item of equipment, devices, and the utilization of each device in the fire alarm system extension. B. Provide a description of the operation of the fire alarm system extension related to the work in this project. C. Provide a description of the essential items of the installation and a functional description of the completed fire alarm system extension. D. Provide catalogue cut sheets of any new devices or products being provided. 1.5 SUBMITTALS A. Contractors shall field verify the location, type, and condition of the existing fire alarm system within the existing building. The Contractor’s bid shall include all costs required to revise the existing system and expand the system as required for the work required in this project. All required conductors shall be furnished and installed by the Contractor. Approval of submitted equipment data does not relieve the Contractor of his responsibility to provide the detailed functional requirements of this specification. PART 2 - PRODUCTS 2.1 FIRE ALARM SYSTEM A. The Electrical Contractor shall provide all required equipment necessary to connect the new and relocated fire alarm system components to the existing fire alarm and detection system. All devices shall be installed and arranged to comply with all applicable state and local code requirements. The added components of the system shall be furnished complete, including equipment, conduit, wiring, and interconnection, as required, to other systems. The Contractor shall submit manufacturer’s catalogue data and wiring diagrams of approval prior to purchase 283100 - 2 Fire Alarm System Extension Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services and installation. All equipment shall be approved prior to installation and the system layout approved by the Authority Having Jurisdiction. All equipment shall be UL listed. Installation shall be in accordance with the manufacturer’s published instructions. B. Smoke detectors shall be addressable photoelectric type. C. Relays and modules shall be as specified by the system manufacturer to meet the operational requirements of this project. D. Cabling shall be plenum rated red fire alarm wiring. All cabling shall be installed in red EMT conduit. PART 3 - EXECUTION 3.1 INSTALLATION A. Contractor shall install all equipment, devices, conduit, and cabling in a manner that exhibits a high quality of workmanship. B. The installation of all work shall be neat. Coordinate with other trades in order to provide a well-coordinated installation. Avoid conflicts with other trades. This Contractor shall perform minor device relocations as necessary to accommodate other equipment or preserve the appearance of the facility. C. All devices and components shall be installed as required by the fire alarm system manufacturer. 3.2 DIAGRAMS, DRAWINGS, AND INSTRUCTION MANUALS A. Furnish copies of each of the following items marked as “as-built” as part of the project records for the Owner. 1. A simplified block diagram of fire alarm system extension giving the essentials of the installation and the functional relation of the equipment. 2. A complete instruction book including block and schematic diagrams, wiring diagrams, technical description of the components, and settings for all normal uses of the system. 3.3 DEMONSTRATION AND ACCEPTANCE TESTING A. Upon completion of the initial test and adjustment of the system by the Contractor, and after the diagrams and instruction manuals have been provided, the Contractor shall notify the Architect and Engineer in writing that the fire alarm system fulfill this specification and are complete and ready for inspection. B. The Contractor shall demonstrate operation of each major component and function requirement as specified herein. If any portion of the system does not function properly, further testing shall be performed to determine whether it complies with the applicable specifications. If further adjustments are necessary, the demonstration shall be halted and corrections shall be made. Demonstrations shall not resume until the system operates properly. C. The Contractor shall request an inspection, upon completion, by the AHJ and obtain a certificate of acceptance. D. The Contractor shall submit sensitivity test reports for all smoke and duct smoke detectors installed in the project areas. 283100 - 3 Fire Alarm System Extension Nelson + Morgan, Architects HVAC Upgrades NMA 24006 City of Denton Fleet Services E. The Contractor shall submit an approved ‘Record of Completion’ for the fire alarm system at the 100% AHCA inspection. 3.4 GUARANTEE AND SERVICE A. All equipment shall be guaranteed to be free of defective components and faulty workmanship in accordance with the guarantee set forth in other sections of the work. If any materials become defective within the above period, they shall be replaced by the Contractor at no additional expense to the Owner, Architect or Engineer. B. The Contractor shall instruct the Owner’s operating personnel in the operation, care, and maintenance of the equipment included in this installation. This shall be performed before the installation will be considered to be complete. C. The Contractor shall provide complete maintenance service for a period of one (1) year after final acceptance of the installation under this section of work. This service shall include at least two (2) visits to the site for verification of the operation of the system and adjusting of the equipment as necessary. END OF SECTION