Download Request for Proposal #196 50 kW Photovoltaic Solar Power System
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CSN College of Southern Nevada Request for Proposal #196 50 kW Photovoltaic Solar Power System PROJECT NUMBER: PWP-CL-2011-117 MANDATORY PRE-BID MEETING AND SITE WALK: December 21, 2010 @ 10:00 AM @ CSN Cheyenne Campus, Main Entrance, Room 1087 LAST DAY FOR QUESTIONS: December 29, 2010 @ 2:00 PM PST LAST DAY FOR ADDENDA: January 4, 2011 @ 2:00 PM PST OPENING DATE, TIME and LOCATION: January 7, 2011 2:00 PM Pacific Standard Time College of Southern Nevada, Las Vegas 3200 E Cheyenne Avenue Financial Services Building, Purchasing Dept. North Las Vegas, NV 89030 Sealed bids, subject to the terms, conditions and specifications herein stipulated and/or attached hereto, will be publicly opened as stated above. All bids must be received on or before this date and time to be considered. Bids may be mailed or hand delivered to: College of Southern Nevada Financial Services Bldg /Purchasing Dept 3200 E Cheyenne Avenue, Sort Code J1C North Las Vegas, Nevada 89030 All bids should be sealed and labeled as: RFP 196 Bids shall be on forms furnished by the College, accompanied by a bid bond, certified check or cashier's check in the amount of five percent (5%) of bid amount. AWARD SHALL BE MADE ON AN ALL OR NOTHING BASIS For information regarding this bid, contact: Mark Cahill, Interim Director of Purchasing College of Southern Nevada Purchasing Dept- J1C 3200 E Cheyenne Ave North Las Vegas, NV 89030-4296 Phone: 702 651 4350 Fax: 702 651 4348 [email protected] Important Note: Do Not Fax or Email Responses __________________________________ Mark Cahill, Interim Director of Purchasing College of Southern Nevada Addenda will be issued for any matters regarding submittal of bid or technical issues that will affect all bidders. The College of Southern Nevada reserves the right to waive informalities or reject any or all Page 1 of 191 Initialed by:____ RFP 196 proposals. Bid Submitted by: Company Name: ______________________________________________________ Address: ____________________________________________________________ City: _______________________________________________________________ State: _____________ Zip: ______________ Phone: ( ) ____________________________Fax: ( ) ____________________ Cellular Number: ______________________________ Email address: _______________________________________________________ Federal Identification Number: ___________________________________________ Nevada State Contractor’s License: _______________________________________ Nevada State Business License:__________________________________________ Classification: ________________________________________________________ Monetary Limit: _______________________________________________________ City of Las Vegas Business License: ______________________________________ Authorized Representative: (please print) ___________________________________ Signature: ____________________________________________Date:___________ Page 2 of 191 Initialed by:____ RFP 196 INDEX This Invitation to Bid consists of the following: PAGES SECTION I Special Terms & Conditions ……………………………….. 5-10 SECTION II General Conditions ……………………………….. 11-12 SECTION III Scope of Work & Bid Schedule ……………………………….. 13-15 Submittal Data - Harris Consulting Engineers ……………………………….. 16-145 Bid Form ……………………………….. 146-149 Sample Contract ……………………………….. 150-157 General Conditions of the Contract ……………………………….. 158-186 Insurance Certification Form ……………………………….. 187 Vendor Application Profile Form ……………………………….. 188-190 Location Map ……………………………….. 191 Page 3 of 191 Initialed by:____ RFP 196 If necessary an addenda will be issued for any matters regarding submittal of RFP or technical issues that will affect all bidders. The College of Southern Nevada, Las Vegas reserves the right to waive informalities or reject any or all bids. Questions Concerning Bid Any questions regarding preparation of this bid, specifications, terms and conditions, or submittal of information required shall be directed in writing via fax or e-mail direct to: College of Southern Nevada Attn: Mark Cahill, Interim Director of Purchasing Purchasing Department 3200 E Cheyenne Avenue, Sort Code J1C North Las Vegas, NV 89030 Phone: 702 651-4350 Fax: 702 651-4348 [email protected] ADDENDUMS In order to assure a proposer receives copies of all RFP Addendums he/she must notify Mark Cahill they have down loaded the document from the College of Southern Nevada’s Web page and are interested in receiving addendums. Page 4 of 191 Initialed by:____ RFP 196 SECTION I SPECIAL TERMS AND CONDITIONS ADDENDUM AND INTERPRETATIONS If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. The Nevada System of Higher Education is not bound by any oral representations, clarifications, or changes made in the written specifications by Nevada System of Higher Education employees, unless such clarification or change is provided to bidders in written addendum form from the Purchasing Department. AWARD OF CONTRACT The contract shall be awarded with reasonable promptness by giving written notice to the responsible Proposer whose proposal will be the most advantageous to CSN with respect to pricing, conformity to the specifications and other criteria listed under “Evaluation of Proposals and Award” found on page 8 of 191, at the sole discretion of the College of Southern Nevada. BID PREPARATION AND SUBMISSION Bids are to be submitted on the bid form provided or true copies thereof and must be manually signed by pen. If any erasures or changes appear on the form, each such correction must be initialed by the person signing the bid. Bidders shall include with their bid forms the necessary documents or attachments as required under this bid. All figures must be written in ink or typewritten. If there are discrepancies between unit prices and extensions, the unit price will prevail. Please provide 2 copies of your bid document (in the same sealed envelope). Each firms bid must be sealed and submitted in an envelope with the bid forms and MUST indicate the name of the bidder, bid number, and date and time of opening on the outside of the envelope. Telegraph, facsimile or telephone bids will not be considered. No responsibility will attach to the College of Southern Nevada or any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open, a bid not properly addressed and identified. Alterations, modifications or variations may not be considered unless authorized by the invitation or by an addendum. Any irregularities or lack of clarity in the invitation should be brought to the attention of the College of Southern Nevada, Purchasing Department, as soon as possible so an addendum may be furnished to all bidders. COMPLIANCE Vendors are required to comply with all OSHA, EPA, ADA and other relevant state and federal standards, codes and regulations that may apply (AHJ, Nevada State Fire Marshall’s Office – NFPA72 and NFPA 70). Page 5 of 191 Initialed by:____ RFP 196 DISQUALIFICATION OF BIDDERS Bidders may be disqualified and rejection of bids may be recommended by the Purchasing Department for any of (but not limited to) the following causes: a. Failure to use the bid form furnished by the Nevada System of Higher Education, Purchasing Department. b. Lack of signature by an authorized representative on the bid form. c. Failure to properly complete the bid. d. Evidence of collusion among bidders. e. Unauthorized alteration of bid form. f. Failure to submit requested documents required in bid terms, conditions and specifications. g. Failure to furnish proof of receipt of any addendum pertaining to that particular bid project. The Nevada System of Higher Education, Purchasing Department reserves the right to waive any minor informality or irregularity. F.O.B. POINT All bids submitted shall be F.O.B. DESTINATION SPECIAL NOTE: All prices must include transportation charges. Freight charges cannot be accepted as an estimated cost item. Transfer of Title for goods will be the F.O.B. DESTINATION as stated. Any bid submitted with the F.O.B. point other than as stated, or freight charges listed as a separate or estimated item, may be cause for disqualification of the bid. INSPECTION AND ACCEPTANCE Inspection and acceptance will be made at destination. INSURANCE The Successful Vendor will be required to furnish the Board of Regents, Nevada System of Higher Education, CSN Purchasing Department with a Certificate of Insurance as per attached insurance sample. The Certificate of Insurance shall name the Board of Regents, Nevada System of Higher Education as "additional insured". Successful Vendor will also be required to furnish a Workman's Compensation and Employer's Liability Certificate of Insurance Coverage. Such insurance shall remain in full force and be effective during the terms of the contract. LATE BIDS Each Bid response will be date and time stamped upon arrival. Any bids received after the opening date and time will not be considered and will be returned, unopened, only upon request by, and at the expense of the Bidder. MANUALS Vendor is required to furnish the following manuals if applicable: Parts Manual Installation Manual Training Manual Service Manual As Built Drawing on a CD in both CADD and PDF Format Operating Manual/Instructions Warranty documentation Page 6 of 191 Initialed by:____ RFP 196 MINORITY BUSINESS CLAUSE: Minority Business Enterprises will be afforded full opportunity to submit bids in response to this Invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award. OTHER TERMS: Persons or firms submitting an offer on this Invitation are certifying that they have had no contact with an employee or member of the Nevada System of Higher Education in any manner which would give that company or person submitting such an offer, any advantage over any other company or person submitting an offer. Employees and members of the Nevada System of Higher Education shall not receive any compensation, in any manner or form, nor have any vested interest, directly or indirectly, of any kind or nature inconsistent with loyal service to the public. A violation of any of the above shall be just cause for rejection of that particular offer without further consideration. The Nevada System of Higher Education reserves the right to reject any or all bids or any part of the bid or from any bidder who has defaulted on prior contracts or is guilty of misrepresentation by any member of that particular firm. All bidders, by signing this bid, certify that they are an Equal Opportunity/Affirmative Action Employer, unless otherwise stated. GO GREEN In an effort to help preserve the environment and reduce both vendor and CSN costs, CSN is asking that all submittals be packaged utilizing only standard 8.5”x11” paper bound together either by staple, rubber band or standard binder clips, omitting the use of 3 hole binders or other non-recyclable packaging. All submittals must be in a “Sealed” marked envelope with the RFP number, vendor name and bid closing date (submittals that are not packaged as requested will be accepted; alternate packaging will not be a deciding factor in bid award). PROMPT PAYMENT DISCOUNTS The offered discount of a successful bidder will not form a part of the award evaluation. PROTESTS Any bidder, offer or contractor who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. The protest must be submitted in writing to the Interim Director of Purchasing, within seven (7) days after such aggrieved person knows or should have known of the facts giving rise thereto. If the protest is not resolved by mutual agreement, the Interim Director of Purchasing will promptly issue a decision in writing to the Protestant. If the Protestant wishes to appeal the decision rendered by the Interim Director of Purchasing, such appeal must be made in writing to the Sr. Vice President, Finance and Facilities, Nevada System of Higher Education. The decision of the Sr. Vice President, Finance and Facilities will be final. The Sr. Vice President, Finance and Facilities need not consider protests unless this procedure is followed. PUBLIC OPENING OF BIDS Bids will be opened and reviewed publicly at the time and place indicated in the Request for Proposal. Prospective bidders, their authorized agents and other interested parties are invited to be present. The bid submittal will be reviewed to assure that all the required documentation is present and that all required signatures are present. TAXES, LICENSES AND PERMITS It is the bidder’s responsibility for securing all required licenses, permits and insurance necessary for the proper execution and completion of the work involved. The Nevada System of Higher Education is exempted from paying state, local and federal excise taxes. NEVADA STATE BUSINESS LICENSE Bidders must submit proof of holding a current Nevada State Business License at the time of their bid submittal. Page 7 of 191 Initialed by:____ RFP 196 LICENSING Each proposer must be qualified and possess the appropriate Nevada State Contractor’s License at the time of the Proposal Deadline. Failure to comply with this requirement shall result in the rejection of the Proposal submitted by the Proposer. Proposers are reminded that, pursuant to NRS 624.3015, bidding on a contract for work in excess of its limit and beyond the scope of its license is a violation of state law and grounds for disciplinary action by the Nevada State Contractors Board. The Proposer’s license classification, number and monetary limit must be indicated on the appropriate page in the Proposal. Each Proposer and their Subcontractors shall comply with all provisions of NRS Chapter 624 during the proposal phase and NAC Chapter 624 through completion of the Project. Any questions concerning the license requirements shall be directed to the Nevada State Contractors Board. Proposers must be properly licensed to perform the Work required under this Project. The Proposer who is being recommended for award of the contract shall have the required City of Las Vegas Business License prior to award, or the Proposer will be deemed non-responsible and ineligible for award. Any Proposer interested in obtaining a City of Las Vegas Business License may expedite processing by contacting the Business Services Division at (702) 229 6281 or visiting the City website at www.lasvegasnevada.gov/bus-license, or e-mailing to [email protected]. WITHDRAWAL OF BID Any prospective bidder may request withdrawal of a posted, sealed bid prior to the scheduled bid opening time provided the request for withdrawal is submitted to the Nevada System of Higher Education, Purchasing Department in writing, or presents themselves in person with proper identification to the Nevada System of Higher Education, Purchasing Department and verbally requests the bid be withdrawn and signs for its receipt. NOTE: The Nevada System of Higher Education reserves the right to consider bids not in exact accordance with the specifications. EVALUATION OF PROPOSALS AND AWARD PROPOSAL REVIEW – Proposals will be privately reviewed. Proposals will be evaluated on the basis of completeness. Evaluation criteria will be cost, certificate of eligibility, project plan & schedule, incentives/enhancements and completeness. Proposals not complying with evaluation criteria may be disqualified. Moreover, evaluators will place considerable importance on the thoroughness and clarity of Proposals. Scores from the Preliminary Proposals will not be factored into the Proposal evaluation. Finalists will all start the evaluation process equally. Proposals will be reviewed by a panel of evaluators comprised of College of Southern Nevada employees from the Facilities and Maintenance Department as well as Consultant(s). Proposers shall not knowingly contact evaluators at anytime during the evaluation period. Proposers contacting evaluators shall be subject to disqualification. Proposers must provide full disclosure of any contact with the evaluators to the Owner’s Purchasing representative. EVALUATION AND SELECTION Pursuant to the requirements of NRS 338, should the Owner fail to receive at least two proposals from Applicants it determines to be qualified pursuant to the criteria contained in this Request for Proposals, the Owner will have the option to discontinue the process and not award a Design-Build Contract for the Project. a) Pass/Fail Criteria The Owner will only consider proposal responses from Applicants who attend the Mandatory Pre-Bid Meeting and Site Walk and who qualify to participate pursuant to NRS 338.1721. Candidates must have a minimum of five years of commercial experience designing and installing solar panels in Nevada. Page 8 of 191 Initialed by:____ RFP 196 b) Evaluation Criteria. The Owner will review the proposals of all qualified Applicants for responsiveness to the requirements of this RFP. All responsive proposals will be evaluated and selection of Finalists will be according to the following criteria and weighting which is further detailed in paragraphs (d) through (g) i) ii) iii) iv) Professional Qualifications and Experience Past Performance Proposed Management Plan Safety Program and Record 50% 30% 10% 10% c) Proposal Evaluation Team’s proposals shall provide sufficient documentation to demonstrate its ability to effectively manage the project and provide a quality project on-time and within the established budget. d) Professional Qualifications and Experience Team member companies’ and Key Personnel qualifications and experience managing and executing projects of similar scope of work required for this project. e) i) Lead Company Profile(s). The general ability of the lead design firm and the lead construction company (or single integrated company) to complete the project. Emphasis will be on the two lead companies’ combined talent, manpower, capacity, equipment, financial strength, management expertise, and similar factors to provide both design and construction. ii) Professional Qualifications and Experience of Key Personnel. The professional qualifications and experience of Key Personnel as applied to the scope of work required for the Project. Focus will be on experience with similar project scope, longevity with the current employer, experience in the proposed position, and public works experience. Key Personnel include: (1) the lead design firm’s project manager, (2) the construction project manager, and (3) the field superintendent. Additional support personnel may be identified in the proposal; however, their qualifications will only be utilized for their ability to support the evaluation of the Key Personnel. iii) Experience of Team Working Together. Team member companies successful completion of projects working together, regardless of the delivery method, project type, size, location, or other factors. The primary intent of this evaluation factor is to determine if the companies involved have a history of successfully working together. Weight will be given to Key Personnel working together on past projects while employed by the same or other companies. iv) Special Project Requirements: v) Design-Build Experience. Team experience delivering projects utilizing a design-build delivery method. This includes the Key Personnel, lead design company, and lead construction company regardless of where the experience was obtained. Key Personnel may have obtained experience while working for other employers in different roles, and Team companies may have obtained their experience working in different roles and in other locations. Weight will be given to public works project experience, experience working in Nevada, and experience of the personnel and companies acting in roles similar to those proposed for this Project. Ability of Team to meet project-specific requirements. Past Performance Team past performance designing and constructing projects that are similar in scope to the proposed Project. Team shall provide example projects which demonstrate its ability to design, construct, and complete projects similar in scope, complexity, project type; program elements; construction materials and methods; public or commercial; and schedule. Focus should be on recent projects (past five years), experience performing similar scope in Nevada, and experience with design and construction of public projects. Example projects shall emphasize Page 9 of 191 Initialed by:____ RFP 196 design-build experience, completed projects, involvement of the lead designer and lead contractor, and projects supported by the Key Personnel. f) Proposed Management Plan The Team’s overall approach to managing design-build projects. g) Safety Program and Record Demonstrated ability of the companies that comprise the Team to implement and execute an effective safety plan, including but not limited to: OSHA compliance, training, regular safety inspections, safety records and procedures, and the historical safety record of the Team companies. Page 10 of 191 Initialed by:____ RFP 196 SECTION II – GENERAL CONDITIONS GENERAL SCOPE REQUIREMENT FOR ALL BIDDERS The owner seeks a Design-Build Team to provide professional design; project management and construction services for the Phase I design and construction of a 50 kW photovoltaic solar power system. This system will be installed on the CSN Cheyenne Campus, Phase “V” West Roof. Alternatively the Owner seeks a Design-Build Team to provide professional design; project management, and construction services for the design and construction of a 50 kW photovoltaic solar power system for Phase II for the same roof location. The funding for Phase I of the project has been secured. Phase II completion will be contingent upon CSN receiving funding. The following items will become a part of the RFP: 1) Electrical contractor must submit a one-line electrical drawing of the project for review by NV Energy staff engineer. 2) The contractor must provide and submit all necessary stamped construction documents as required by the applicable building department. 3) Copy of invoices for all materials, equipment and labor. Invoices must show the services rendered by the C-2 electrical contractor. 4) Voltage Verification completed and signed by the electrical contractor. 5) Change order forms (if applicable). 6) Public Display Statement and exhibit. (To be determined jointly with CSN and Vendor). 7) Net metering agreement. 8) Provide shift work, overtime and/or crew sizes as needed to meet the construction schedule set by CSN. 9) This project is to be bid using Prevailing Wage Labor. 10) Contractor shall provide material hoisting, personnel hoisting, lifts and scaffolding as required for Contractor’s work effort. 11) Construction staging and parking will be provided onsite per CSN direction. 12) Contractor shall include all mobilizations as required. Contractors may be required to demobilize and remobilize. 13) Protection and repair of existing finishes, completed work and adjacent work to be included in your contract. 14) Protection of general public from hazards and risk associated with your scope of work to be included in your contract. All roads and parking areas must remain open to the public during the school’s operating hours. 15) Contractor agrees that, in the performance of this contract, it becomes necessary, convenient or advisable to remove, replace or interfere with any safety devices, barricades or controls installed by CSN or another Contractor, this Contractor will replace or restore such devices or controls at his expense. In the event such safety devices or controls are not so replaced, Contractor agrees to reimburse CSN for doing so. 16) Provide complete engineering layout for all work to be performed under this contract, including grades, elevations and all other engineering required to perform this scope of work. 17) The Contractor is also responsible for furnishing, locating and installing all block outs, penetrations, escutcheons, sleeves and anchor bolts, etc. required in the performance of this Contract. 18) Contractor shall be responsible for sealing all penetrations through roof parapet walls and any junction boxes. The method of sealing penetrations must meet or exceed the drawings/specification requirements, design criteria requirements, as well as meet the approval of CSN’s Project Manager and location building inspector (as required). 19) All proposers must include any costs associated with the interface and coordination of their work with all other work activities. 20) CSN will obtain the permits required for this scope of work. 21) Deliveries of material and equipment will be sequenced and scheduled 48 hours prior to delivery and coordinated with CSN’s Project Manager. This is to ensure coordination Page 11 of 191 Initialed by:____ RFP 196 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) with School Facility. Deliveries from 6:00 AM to 8:00 AM will be the most efficient and convenient to due to minimal facility operations. Contractor is responsible for receiving, unloading, handling, hoisting and staging of his own material. A project forklift will not be available. On-site or off-site office and storage facilities including telephone and hook-up charges will be the contractor’s responsibility. Before any work is started, the contractor shall prepare, submit and receive approval of detailed construction activities plan to CSN’s Project Manager. This plan shall demonstrate the contractor will have made all required preparation for the work, including availability of all required manpower, materials and equipment to meet the schedule. Each Contractor/Supplier agrees that he will submit cost estimates and change order proposals in complete and full detail on the forms required by the Owner and/or Project Manager. These change order proposals and cost estimates are due within seven (7) days of the request. This Contract includes all shop drawings, submittal, product information, field measurements, and as-built drawings relating to the work included in this subcontract. These items to be provided in a timely manner as required by CSN’s Project Manager. The Contractor’s superintendent or foreman will be required to submit a Contractor’s Daily Report to the Project Manager’s office on the form provided by CSN. This must be done at the end of each day and turned into CSN by 7:00 AM the following day. The Contractor will be required to have his superintendent and/or foreman attend weekly coordination and planning meetings held by CSN, at which time the Contractor shall submit, for coordination and approval, his proposed daily work schedule for the next two-week meeting period. Failure of Contractor to attend regularly scheduled meetings will not relieve the Contractor of his responsibilities to perform work or comply with instructions given out during the meeting. Coordination with other trades will be the responsibility of the Contractor. Interference due to lack of coordination will be the responsibility of each Contractor. Each Contractor/Supplier agrees to hold weekly safety meetings. It is the policy of CSN to perform work in the safest manner possible, consistent with good construction practices. To fulfill the requirements of this policy, an organized and effective safety program must be carried out at each location where work is performed. The work performed by the Contractor shall conform to all the requirements and standards of the City of North Las Vegas, Clark County, Nevada State Public Works Board and The College of Southern Nevada. Contractor acknowledges that the condition of the existing material will be dictated by the location of the site and normal weather conditions and temperatures for the time of the year the work is scheduled. During construction, the Contractor shall take all reasonable precautions to prevent normal weather conditions and temperatures from delaying the work and shall be responsible for all costs of such precautions. Protection of adjacent finish materials, utilities, structures, landscaping and hardscaping required for completion of this work is a part of this scope. Repair and replacement of adjacent finish materials due to the failure to provide protection is the responsibility of the Contractor. Contractor shall be responsible for the miscellaneous flagging and traffic control during the work when specifically required for their operation. It is the Contractor’s responsibility to provide a competent flag person(s) and adequate safety devices to protect the public during all their operations. At completion of work, each day, clean premises of all rubbish and debris, leaving premises in a broom clean and orderly condition. Install traffic control devices, trench plates, fencing and other forms of protection. Maintain clean and proper condition at all times. Accumulation of debris will not be permitted. Clean up on a daily basis is a part of the work for each subsystem. Failure to complete the cleanup will result in CSN having to perform the work. The entire cost, plus handling charges, will be assessed against the responsible Contractor. The decision of CSN is final. Page 12 of 191 Initialed by:____ RFP 196 SECTION III-SCOPE OF WORK AND BID SCHEDULE SCOPE OF WORK The College of Southern Nevada, an institute of higher learning, is seeking bids for the Cheyenne Campus located at 3200 East Cheyenne Avenue, North Las Vegas, Nevada. The project consists of the installation of a 50 kW Photovoltaic (solar PV) located on the CSN Cheyenne Campus, Phase “V” West Roof. This work is the first phase of several phases to add photovoltaic arrays on this building. Therefore, the first 50 kW of photovoltaic arrays shall be installed in a compact fashion beginning on the North end of the roof and working to the South. There is a storage room (Room 2671) in the South corner of the second floor that will be dedicated to the equipment required to support this 50 kW photovoltaic installation. After all phases of this work are complete, it is anticipated that 100 kW of photovoltaic arrays will be installed. During this first phase, provide a 100 kW inverter in this room with the associated panels and feeders to accommodate a total of 100 kW of solar generation equipment. Provide a proposed layout of this room showing all current and future equipment required for the final installation preserving as much room as possible for other future growth. The College of Southern Nevada will provide a minimum of 2 each 2” empty conduit from this existing storage room to the main electrical room in Phase “V”. Use these conduits to install 2 parallel runs of #3/0 AWG conductors to the main electrical room. Install a new 400 Amp NEMA 3R disconnecting means and revenue meter on the East exterior wall adjacent to the existing main service shunt trip disconnect. CSN will provide a minimum of 2 each 2” empty conduit from the main server room to the disconnecting means, then into the revenue meter, then back into the Main Switchboard. Install a 300 Amp circuit breaker in the main switchboard to connect this solar generating system into the building distribution system. Provide all required design documents to the authority having jurisdiction and to the owner for review and approval prior to the commencement of work. Include equipment layouts in the storage room, electrical room, and on the roof with these documents for the new Owner’s review and approval. The system shall be installed and fully operational by April 1, 2011 so that the College of Southern Nevada can claim the rebate already approved by NV Energy. Phase II will consist of adding an additional 50 kW photovoltaic arrays on the middle/West roof of Phase “V” West Roof at the Cheyenne Campus adjacent to the Phase I work. Provide a separate line item cost for the Phase II work. Implementation of the Phase II work will be dependent upon approval of an additional 50 kW installation rebate from NV Energy. VALUE ENGINEERING Although the bids should be based upon the documents provided, the College of Southern Nevada is requesting that Value Engineering suggestions be included with this proposal. The Value Engineering Each Value Engineering item items should be listed separately and not included in the base bid pricing. should include the following: 1) A detailed description of the idea including any effects the change will have on the overall performance of the system. 2) The approximate savings anticipated from incorporating this idea into the design. 3) The effect that this change would have on other scopes of work, i.e. additional electrical requirements, etc. Page 13 of 191 Initialed by:____ RFP 196 COLLEGE PROVIDED DRAWING LIST 1) Project specifications and scope of work as prepared by Harris Consulting Engineers dated October 28, 2010. BID SCHEDULE Contractor agrees to provide design build documents for permitting for all materials, labor, tools, supplies, equipment, supervision and transportation necessary for Cheyenne Campus installation of Photovoltaic (solar PV) located on the CSN Cheyenne Campus, Phase “V” West Roof. *THIS BID INCLUDES PREVAILING WAGE LABOR RATES Phase I (Only) Phase II (Only) Photovoltaic (solar PV) $____________ $_____________ Inverter/Conduit $____________ $_____________ Labor $____________ $_____________ Equipment $____________ $_____________ Payment & Performance Bond $____________ $_____________ Total Base Bid Price $_____________ $____________ Bond Rate___________________% Also include a Total Base Bid Price if Phase I and Phase II are awarded as one complete package, due to economies of scale. Total Base Bid Price Phase I & II Combined $_________________________ Page 14 of 191 Initialed by:____ RFP 196 ADDITIONAL PRICING: 1) 2) 3) 4) 5) 6) 7) 8) 9) Provide a list of required equipment for this project with associated operated hourly rates. Provide a list of craftsmen required for the project and associated hourly wages rates. Provide company change order overhead and profit percentage Accompanying this bid is a Cashier’s Check, Bid Bond (5% of lump sum price), Certified Check or Cash in the amount of______________________Dollars ($______________) payable to the Board of Regents, Nevada System of Higher Education, which it is agreed will be retained as liquidated damages by the said Board of Regents, if the Undersigned fails to execute the Contract and furnish the required Surety Bonds (Performance/Payment Bonds) in conformance with the contract documents within ten (10) calendar days after notification of the award of the Contract to the Undersigned. In submitting this bid, it is understood that the College reserves the right to reject any and all bids or to accept the bids or combination of bids which is deemed to be in the best interest of the College of Southern Nevada and the State of Nevada. This bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. It is agreed that this bid may not be withdrawn within a period of thirty (30) calendar days from the opening thereof and then only in case the award of the contract has not been made. The Undersigned has checked carefully all of the above figures and understands that the College shall not be responsible for any errors or omissions on the part of the Undersigned in making up this bid. The Undersigned hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest of, or on behalf of, any person not herein named and that the Undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain from bidding and that the Undersigned has not in any manner sought by collusion to secure for him/herself an advantage over any other bidder. Page 15 of 191 Initialed by:____ RFP 196 TABLE OF CONTENTS CSN CHEYENNE CAMPUS, PHASE V CULLINARY PV INSTALLATION Section # MF 04 Section Name DIVISION 00 - PROCUREMENT DOCUMENTS Provided by CSN DIVISION 01 - GENERAL REQUIREMENTS 01 11 00 01 26 00 01 26 13 01 26 14 01 29 00 01 31 00 01 32 26 01 33 00 01 40 00 01 42 00 01 50 00 01 60 00 01 60 50 01 73 00 01 73 29 01 77 00 Summary of Work Contract Modification Procedures Contractor's Requests for Information Contractor's Requests for Information - Form Payment Procedures Project Management and Coordination Construction Progress Documentation Submittal Procedures Quality Requirements References and Definitions Temporary Facilities and Controls Product and Material Requirements Substitution Request (After the Bidding Phase) - Form Execution Requirements Cutting and Patching Closeout Procedures DIVISION 2 – DIVISION 25 Not used DIVISION 26 – ELECTRICAL 260500 Common Work Results for Electrical 260519 Low-Voltage Electrical Power Conductors and Cables 260526 Grounding and Bonding for Electrical Systems 260529 Hangers and Supports for Electrical Systems 260533 Raceway and Boxes for Electrical Systems 260553 Identification for Electrical Systems 262416 Panelboards 262813 Fuses 262816 Enclosed Switches and Circuit Breakers 263110 Performance Specification for Utility-Interactive Photovoltaic Electric Generating System DIVISION 27 – DIVISION 49 Not used END OF TABLE OF CONTENTS Page 16 of 191 Initialed by:____ RFP 196 SECTION 01 11 00 SUMMARY OF WORK PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Administrative and procedural requirements, including but not limited to: 1) Project information. 2) Work covered by Contract Documents. 3) Phased construction. 4) Access to site. 5) Coordination with occupants. 6) Work restrictions. 7) Specification and drawing conventions. 8) Miscellaneous provisions. PROJECT INFORMATION A. Project: Project consists of new photovoltaic arrays at Phase V Culinary at the Cheyenne Campus of the College of Southern Nevada. Refer to Scope of Work provided by Harris Engineers. B. Owner: College of Southern Nevada (CSN). 1) Owner's Representative: Mark Cahill, Interim Director of Purchasing College of Southern Nevada Financial Services – J1C 3200 E Cheyenne Ave North Las Vegas, NV 89030-4296 Phone: (702) 651 4350 Fax: (702) 651 4348 [email protected] 2) C. 3. Base Bid: In accordance with Procurement Documents provided by Owner. Complete Installation Requirements: Contractor shall provide miscellaneous materials and products required for complete installation of specified products. Miscellaneous materials may not be included in the Contract Documents. Contractor shall submit a list of required miscellaneous materials to Owner for approval prior to commencing work. USE OF SITE A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section. Coordinate staging area with Owner. B. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1) Driveways, Walkways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, Owner's employees, Public and emergency vehicles at all times. Do not use these areas for parking or storage of materials. Page 17 of 191 Initialed by:____ RFP 196 a) b) 4. Schedule deliveries to minimize use of driveways and entrances by construction operations. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. COORDINATION WITH OCCUPANTS A. Owner Operations: Owner and Public will occupy site and existing building(s) during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. 1) At no time during the work shall Contractor place, or cause to be placed, materials or equipment, or other items, at a location that would impede or impair access to or from the present facilities for customers, employees or delivery personnel. 2) Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction. 3) Notify Owner not less than 72 hours in advance of activities that will affect Owner's operations. 4) Contractor shall cooperate with the Owner in providing traffic control during course of construction in order to minimize inconvenience to Owner's customers. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless approved in advance by Owner’s Representative. 1) Notify Owner’s Representative not less than 72 hours days in advance of proposed utility interruptions. 5. WORK RESTRICTIONS A. 6. Nonsmoking Building: Smoking is not permitted within the building or within 100 feet of entrances, operable windows, or outdoor-air intakes. EXISTING CONDITIONS Include the following for projects with work at existing buildings/sites. A. 7. The Contractor shall be completely responsible for protecting the existing building from damage and/or injury due to this Work and shall repair at his expense and to the Owner’s satisfaction, all areas damaged as a result of his Work. PERMITS, FEES AND NOTICES A. State Public Works Board and State Fire Marshall plan check fees will be paid by the Owner. B. The Contractor shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time the bids are received or negotiations concluded. This shall include, but not be limited to: C. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authority bearing on the performance of the Work. 8. CODES AND REGULATIONS A. It is the intent of the Owner that the Contract Documents are in accordance with applicable laws, statutes, building codes and regulations. Contractor shall notify Owner immediately if Contractor Page 18 of 191 Initialed by:____ RFP 196 observes that the Contract Documents are at variance with this intent in any respect. If the Contractor performs Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner, the Contractor shall assume full responsibility therefore and shall bear attributable costs. 9. SPECIFICATION FORMATS AND CONVENTIONS A. Specification Format: The Specifications are organized into Divisions and Sections using CSI’s "Master Format 04" 50-division numbering system. 1) Section Identification: The Specifications use Section numbers and titles to help cross-referencing in the Contract Documents. Sections in the Project Manual are in numeric sequence; however, the sequence is incomplete because all available Section numbers are not used. Consult the table of contents at the beginning of the Project Manual to determine numbers and names of Sections in the Contract Documents. 2) Division 01: Sections in Division 01 govern the execution of the Work of all Sections in the Specifications. B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1) Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 2) Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a) The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. PART 2 PRODUCTS NOT USED PART 3 EXECUTION Not Used END OF SECTION Page 19 of 191 Initialed by:____ RFP 196 SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES PART 1 GENERAL 1. SUMMARY A. Section Includes: Administrative and procedural requirements for handling and processing Contract modifications. B. Related Sections: 1) Section 01 60 00 - Product and Material Requirements for administrative procedures for handling requests for substitutions made after Contract award. 2. MINOR CHANGES IN THE WORK A. 3. Owner’s Representative will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time. PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Owner’s Representative will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1) Proposal Requests issued by Owner’s Representative are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2) Within 20 days after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a) Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b) Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c) Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Owner’s Representative. 1) Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2) Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3) Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. Page 20 of 191 Initialed by:____ RFP 196 4) 5) C. 4. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. Comply with requirements in Section 01 60 00 – Product and Material Requirements if the proposed change requires substitution of one product or system for product or system specified. On Owner's approval of a Proposal Request, Owner’s Representative will issue a Change Order for signatures of Owner and Contractor on AIA Document G701. CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Owner’s Representative may issue a Construction Change Directive instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1) Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1) After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Page 21 of 191 Initialed by:____ RFP 196 SECTION 01 26 13 CONTRACTOR’S REQUEST FOR INFORMATION PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Administrative requirements for Request for Information. DEFINITIONS A. Request for Information: A document submitted by the Contractor requesting information or clarification of a portion of the Contract Documents that is required to properly perform the work, hereinafter referred to as an RFI. 1) Request shall clearly and concisely set forth the issue for which clarification or interpretation is sought and why a response is needed from the Owner’s Representative. In the RFI form the Contractor shall set forth their own interpretation or understanding of the requirement along with reasons why they have reached such an understanding. The Owner’s Representative will review all RFIs to determine whether the RFI is within the meaning of this term. B. Proper RFIs: 1) A properly prepared Request for Information shall include a detailed written statement that indicates the specific drawing or specification section in need of clarification and the nature of the clarification requested. a) Drawing(s) shall be identified by drawing number and location on the drawing sheet. b) Specification shall be identified by section number, page and paragraph. C. Improper RFIs: RFIs that are not properly prepared. D. Frivolous RFIs: 1) Frivolous RFIs are RFIs that request information that is clearly shown on the Contract Documents. 2) Frivolous RFIs may be returned unanswered or may be processed by the Architect at the Architect’s standard hourly rate and the Architect may charge the Owner. Such costs will be deducted from monies still due the Contractor. The Contractor will be notified by the Architect prior to the processing of frivolous RFIs. 3. RFI LOG A. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly: 1) Project name 2) Name and address of Contractor 3) RFI number including RFIs that were dropped and not submitted 4) RFI description 5) Date the RFI was submitted 6) Date Owner’s Representative's response was received 7) Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate Page 22 of 191 Initialed by:____ RFP 196 4. CONTRACTOR’S REQUEST FOR INFORMATION A. When the Contractor is unable to determine from the Contract Documents the material, process or system to be installed, the Owner’s Representative shall be requested to make a clarification of the indeterminate item. 1) Wherever possible, such clarification shall be requested at the next appropriate project meeting, with the response entered into the meeting minutes. When clarification at the meeting is not possible, either because of the urgency of the need, or the complexity of the item, Contractor shall prepare and submit an RFI to the Owner’s Representative. 2) If clarification of an item is required of a document known to have been prepared by a consultant to the Owner’s Representative, the Contractor may NOT direct the RFI directly to the consultant. Each RFI shall be processed through the Owner’s Representative. B. RFI's shall be submitted on Document 01 26 14 included in the Project Manual. 1) Forms shall be completely filled in, and if prepared by hand, shall be fully legible after photocopying or transmission by facsimile (fax). 2) RFI’s shall be submitted in numerical order with no breaks in the consecutive numbering. 3) Each page of attachments to RFI's shall bear the RFI number and shall be consecutively numbered in chronological order. 4) RFI's may be submitted by E-Mail. a) Address for E-Mail will be distributed by the Owner’s Representative at the Pre-Construction Conference. b) An electronic version of Document 01 26 14 will be provided upon request. C. Contractor shall endeavor to keep the number of RFI's to a minimum. D. RFIs shall be originated by the Contractor. 1) RFIs from subcontractors or material suppliers shall be submitted through, reviewed by, and signed by the Contractor prior to submittal to the Owner’s Representative. E. Contractor shall carefully study the Contract Documents to assure that the requested information is not available therein. RFIs which request information available in the Contract Documents will be deemed “frivolous” as defined herein. F. In cases where RFIs are issued to request clarification of coordination issues, for example, pipe and duct routing, clearances, specific locations of work shown diagrammatically and similar items the Contractor shall fully lay out a suggested solution using drawings or sketches drawn to scale and submit same with the RFI. RFIs which fail to include a suggested solution will be returned unanswered with a requirement that the Contractor submit a complete request. G. RFIs shall not be used for the following purposes and will be returned without action: 1) To request approval of submittals. 2) To request approval of substitutions. 3) To request changes which entail additional cost or credit. 4) To request methods of performing work different than those shown or specified. 5) To request coordination information already indicated in the Contract Documents. 6) Requests for adjustments in the Contract Time or the Contract Sum. 7) Incomplete RFIs or RFIs with numerous errors shall be returned without action. H. The Contractor shall prepare and maintain a log of RFIs. Upon request by the Owner or Architect, the Contractor shall furnish copies of the log showing outstanding RFIs. The Contractor shall note unanswered RFIs in the log. Page 23 of 191 Initialed by:____ RFP 196 5. ARCHITECT’S RESPONSE TO RFIs A. Contractor shall allow 5 working days for the Owner’s Representative’s review and response time for RFIs, after receipt at Owner’s Representatives office, however, the Owner’s Representative will endeavor to respond in less time. If additional time is required beyond the 5 working days allowed, the Owner’s Representative shall notify the Contractor in writing. 1) RFI shall state requested date/time for response, however, this requested date/time for response is not a guarantee that the RFI will be answered by that date/time if that date/time is too expeditious. 2) If review is required by multiple consultants, review and response period shall be 7 working days. 3) RFIs received after 1:00 p.m. will be considered as received the following working day. B. Owner’s Representative will respond to properly prepared RFIs on one of the following forms: 1) Directly upon the RFI Form 2) Notice of Clarification (NOC) 3) Request for Proposal form. C. Improper or frivolous RFIs shall be subject to one of the following: 1) A Notification of Processing Fee(s). 2) Unanswered and returned with the notation: Not Reviewed. D. The Owner’s Representative may opt to retain RFIs for discussion during regularly scheduled project meetings for inclusion of responses in meeting minutes in lieu of responding in written form. E. Responses from the Owner’s Representative will not change any requirement of the Contract Documents unless so noted by the Owner’s Representative in the response to the RFI. In the event the Contractor believes that a response to a RFI will cause a change to the requirements of the Contract Documents, the Contractor shall immediately give written notice to the Owner’s Representative stating that the Contractor considers the response to be a Change Order. Failure to give written notice within 14 days shall waive the Contractor’s right to seek additional time or cost. 1) Answered RFIs shall not be construed as approval to perform extra work. F. On receipt of Owner’s Representative's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Owner’s Representative within seven days if Contractor disagrees with response. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Page 24 of 191 Initialed by:____ RFP 196 DOCUMENT 01 26 14 REQUEST FOR INFORMATION - FORM Project: To: CSN Cheyenne Phase V, Culinary 50 kw R.F.I Number:_____________________ PV Installation From:___________________________ ____________________________ Date: ___________________________ ____________________________ Specification Section: Paragraph: Drawing Reference: Detail Request: * Requested Date/Time for Response: Signed by: Response: Attachments Response From: To: * Date Rec’d: * Date Ret’d: Signed by: Copies: __Owner __ Consultants __ _________ __ _________ ___________ __ File * Contractor shall allow up to 5 working days review and response time for RFI'S, unless review is required of multiple consultants, then the review and response period shall be 7 working days. (See Section 01 26 13 – Contractor’s Request for Information). Page 25 of 191 Initialed by:____ RFP 196 SECTION 01 29 00 PAYMENT PROCEDURES PART 1 GENERAL 1. SUMMARY A. 2. Section Includes: Administrative and procedural requirements necessary to prepare and process Applications for Payment. DEFINITIONS A. 3. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's Construction Schedule. 1) Correlate line items in the Schedule of Values with other required administrative forms and schedules, including Submittals Schedule and Application for Payment forms with Continuation Sheets (AIA Document G703 Continuation Sheet). 2) Submit the Schedule of Values to Owner’s Representative at earliest possible date but no later than 7 days before the date scheduled for submittal of initial Applications for Payment. B. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with Project Manual table of contents. Provide several line items for principal subcontract amounts, where appropriate. 1) Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. 2) Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 3) Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a) Identify temporary facilities and other major cost items that are not direct cost of actual work-in-place as either separate line items in the Schedule of Values or distributed as general overhead expense, at Contractor's option. 4) Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 4. APPLICATIONS FOR PAYMENT A. General: 1) Each Application for Payment shall be consistent with previous applications and payments as certified by Owner’s Representative, except as otherwise required herein. 2) Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. 3) Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Page 26 of 191 Initialed by:____ RFP 196 a) b) Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. B. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to Owner’s Representative. One copy shall include waivers of lien and similar attachments if required. 1) Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. C. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from every entity who is lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered by the payment. 1) Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. 2) When an application shows completion of an item, submit final or full waivers. 3) Owner reserves the right to designate which entities involved in the Work must submit waivers. 4) Submit final Application for Payment with or preceded by final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. D. Initial Application for Payment: Include the following administrative actions and submittals prior to, or with, submittal of first Application for Payment: 1) List of subcontractors. 2) Schedule of values. 3) Contractor's construction schedule (preliminary if not final). 4) Combined Contractor's construction schedule (preliminary if not final) incorporating Work of multiple contracts, with indication of acceptance of schedule by each Contractor. 5) Products list (preliminary if not final). 6) Initial progress report. 7) Report of preconstruction conference. E. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1) Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2) Application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. F. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, the following: 1) Evidence of completion of Project closeout requirements. 2) Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3) Updated final statement, accounting for final changes to the Contract Sum. 4) Evidence that claims have been settled. 5) Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. PART 2 PRODUCTS NOT USED Page 27 of 191 Initialed by:____ RFP 196 PART 3 EXECUTION NOT USED END OF SECTION Page 28 of 191 Initialed by:____ RFP 196 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1) General project coordination procedures. 2) Conservation. 3) Coordination Drawings. 4) Administrative and supervisory personnel. 5) Project meetings. COORDINATION A. Coordination: Coordinate construction operations to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations that depend on each other for proper installation, connection, and operation. 1) Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2) Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3) Make adequate provisions to accommodate items scheduled for later installation. B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1) Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1) Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. 3. PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1) Notification: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner’s Representative of scheduled meeting dates and times. 2) Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3) Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner’s Representative, within 3 days of the meeting. Page 29 of 191 Initialed by:____ RFP 196 B. Preconstruction Conference: Schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner’s Representative, but no later than 15 days after execution of the Agreement. Hold the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1) Attendees: a) Owner’s Representative b) Contractor and its superintendent c) Major subcontractors; manufacturers; suppliers; and other concerned parties. d) All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2) Agenda: Discuss items of significance that could affect progress, including, but not limited to, the following: a) Tentative construction schedule. b) Critical work sequencing. c) Designation of responsible personnel. d) Procedures for processing field decisions and Change Orders. e) Procedures for processing Applications for Payment. f) Distribution of the Contract Documents. g) Submittal procedures. h) Preparation of Record Documents. i) Use of the premises. j) Responsibility for temporary facilities and controls. k) Progress cleaning. l) Working hours. C. Progress Meetings: Attend weekly coordination and planning meetings held by the Owner. 1) Attendees: a) Owner’s Representative b) Contractor’s superintendent or foremen. D. Safety Meetings: Contractor shall conduct weekly safety meetings to discuss and review safety program, including, but not limited to: 1) Safety procedures. 2) Safety violations. 3) Safety concerns. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Page 30 of 191 Initialed by:____ RFP 196 SECTION 01 32 26 CONSTRUCTION PROGRESS DOCUMENTATION PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1) Contractor's Construction Schedule. 2) Daily construction reports. 3) Field condition reports. 4) Construction photographs. SUBMITTALS A. Contractor's Construction Schedule: Submit 2 printed copies of initial schedule. B. Construction Photographs: Submit photographs within 7 days of taking photographs in the following format: 1) CD-Rom C. Daily Construction Reports: Submit to Project Manager’s office no later than 7:00 AM the following day. A Daily Report shall be submitted every day. D. Field Condition Reports: Submit 2 copies at time of discovery of differing conditions. 3. COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1) Secure time commitments for performing critical elements of the Work from parties involved. 2) Coordinate each construction activity in the network with other activities and schedule them in proper sequence. C. Coordinate access to Project site with photographer and provide auxiliary services requested, including use of temporary facilities including temporary lighting. PART 2 PRODUCTS 1. CONSTRUCTION SCHEDULE A. General: Submit Contractor's Construction Schedule within 10 calendar days of date established for the Notice to Proceed. Base schedule on the Preliminary Construction Schedule and whatever updating and feedback was received since the start of Project. Submit updated schedule with each application for payment. 1) Format: Schedule may be by CPM or bar graph (Gantt chart) type. Page 31 of 191 Initialed by:____ RFP 196 B. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Final Completion. 1) Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. C. Activities: Indicated separate activities, broken down by trade or material, including the following information: 1) Activity Duration: Define activities so no activity is longer than 20 days, unless specifically allowed by Owner’s Representative. 2) Procurement Activities: Include procurement process activities for long lead items and major items, requiring a cycle of more than 60 days, as separate activities in schedule. Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery. 3) Submittal Review Time: Include review and resubmittal time frames as indicated in Section 01 33 00 – Submittal Procedures. Coordinate submittal review times in Contractor's Construction Schedule with Submittals Schedule. 4) Startup and Testing Time: Include time frame recommended by product and system manufacturers for startup and testing. 5) Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Owner’s Representative's administrative procedures necessary for certification of Substantial Completion. D. Contract Modifications: Submit a revised schedule with each proposed contract modification, demonstrating the effect of the proposed change on the overall project schedule. E. Contractor's Construction Schedule Updating: Provide 2-week look ahead to reflect actual construction progress and activities at each weekly meeting. 1) As the Work progresses, indicate Actual Completion percentage for each activity. F. Distribution: Distribute copies of approved schedule to Owner’s Representative, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 2. REPORTS A. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare a detailed report. Submit with a request for information Section 01 31 16 – Request for Information – Form. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. B. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable. 3. CONSTRUCTION PHOTOGRAPHS A. Digital Photographs: 1) Resolution: Minimum 4 megapixel resolution. 2) [CD-Rom: Submit a CD-Rom containing photographs in JPEG format, with an index, as part of closeout documents B. Date Stamp: Date and time stamp each photograph as it is being taken so stamp is integral to photograph. Page 32 of 191 Initialed by:____ RFP 196 C. Pre-construction Photographs: Take sufficient photographs prior to commencing work to indicate existing conditions, including, but not limited to, landscape, buildings, site features and furnishings. D. Periodic Construction Photographs: Take 4 color photographs monthly, coinciding with cutoff date associated with each Application for Payment. Photographer shall select vantage points to best show status of construction and progress since last photographs were taken. PART 3 EXECUTION Not used END OF SECTION Page 33 of 191 Initialed by:____ RFP 196 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals. SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1) Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2) Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a) Owner’s Representative reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. B. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Owner’s Representative receipt of submittal. 1) Initial Review: Allow 5 working days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. 2) If intermediate submittal is necessary, process it in same manner as initial submittal. 3) Allow 5 working days for processing each resubmittal. 4) No extension of the Contract Time will be authorized because of failure to transmit submittals far enough in advance of the Work to permit processing. C. Identification – Paper Submittals: Place a permanent label or title block on each submittal for identification. 1) Indicate name of firm or entity that prepared each submittal on label or title block. 2) Provide a space approximately 4 by 5 inches on label or beside title block to record Contractor's review and approval markings and action taken by Owner’s Representative. D. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract Documents on submittals. E. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Owner’s Representative will return submittals, without review, or will discard submittals received from sources other than Contractor. 1) On an attached separate sheet, prepared on Contractor’s letterhead, record relevant information, requests for data, revisions other than those requested by Owner’s Representative on previous submittals, and deviations from requirements of the Contract Documents, including minor variations and limitations. Include the same label information as the related submittal. 2) Include contractor’s certification stating that information submitted complies with requirements of the Contract Documents. 3) Combine required material for a single specification Section into a single submittal. Incomplete or partial submittals will be returned without action for resubmittal in proper form. Page 34 of 191 Initialed by:____ RFP 196 F. Deviations: Identify deviations from the Contract Documents on submittals. G. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. H. Use for Construction: Use only final submittals with mark indicating action taken by Owner’s Representative in connection with construction. PART 2 PRODUCTS 1. ACTION SUBMITTALS A. General: Prepare and submit Submittals required by individual Specification Sections. 1) Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a) Provide a digital signature with digital certificate on electronically submitted certificates and certifications where indicated. b) Provide a notarized statement on original paper copy certificates and certifications where indicated. 2) Paper Copies: a) Action Submittals: Submit 2 paper copies for Owner plus any additional copies required by Contractor, of each submittal unless otherwise indicated. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1) If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2) Mark each copy of each submittal to show which products and options are applicable. 3) Include the following information, as applicable: a) Manufacturer's written recommendations. b) Manufacturer's product specifications. c) Manufacturer's installation instructions. d) Manufacturer's catalog cuts. e) Wiring diagrams showing factory-installed wiring. f) Printed performance curves. g) Operational range diagrams. h) Compliance with recognized trade association standards. i) Compliance with recognized testing agency standards. 4) Submit Product Data before or concurrent with Samples. 5) Submit Product Data in the following format: a) Paper copies: Submit 2 paper copies for Owner plus any additional copies required by Contractor, unless otherwise indicated. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1) Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 30 by 40 inches. 2) The Owner’s Representative will review the Shop Drawings and affix a stamp to the prints indicating the findings of the review, and will return one copy to the Contractor. 3) Comments, if any, will be noted directly on the prints. 4) If a Shop Drawing is indicated to be corrected and resubmitted, correct and resubmit as outlined above. 5) The Contractor shall then print and distribute the appropriate number of copies to the various Trades and to Contractor’s job personnel as required. 6) Submit Shop Drawings in the following format: Page 35 of 191 Initialed by:____ RFP 196 a) 2. Paper Copies: Submit 2 paper copies for Owner plus any additional copies required by Contractor, of each submittal. INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1) Number of Copies: Submit 2 paper copies for Owner plus any additional copies required by Contractor of each submittal, unless otherwise indicated. 2) Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. B. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. C. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements. D. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements and, where required, is authorized for this specific Project. E. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements. F. Compatibility Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. G. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements. H. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. I. Research/Evaluation Reports: Prepare written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. J. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment. Comply with requirements in Section 01 77 00 – Contract Closeout. K. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. L. Manufacturer's Field Reports: Prepare written information documenting factory-authorized service representative's tests and inspections. M. Construction Photographs: Progress Documentation. Comply with requirements in Section 01 32 26 – Construction Page 36 of 191 Initialed by:____ RFP 196 PART 3 EXECUTION 1. REVIEW PROCESS A. Contractors Review: 1) Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Owner’s Representative. 2) Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. B. Owner’s Representative Action: 1) General: Owner’s Representative will not review submittals that do not bear Contractor's approval stamp and will return them without action. 2) Action Stamp: The Owner’s Representative will stamp each submittal with a uniform Reviewed stamp. a) Review is for general conformance with design intent only. b) Review of a specific item shall not indicate that the Owner’s Representative has reviewed the entire assembly of which the item is a component. c) Review does not constitute or authorize any change to the Construction Documents unless state in a separate written letter or Change Order. 3) Submittals not required by the Contract Documents will not be reviewed and may be discarded. END OF SECTION Page 37 of 191 Initialed by:____ RFP 196 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Administrative and procedural requirements for quality assurance and quality control. QUALITY ASSURANCE A. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. B. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. C. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. D. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance. 3. QUALITY CONTROL A. Where Specifications require that a particular product be installed and/or applied by an Applicator approved by the Manufacturer, it is the Contractor's responsibility to ensure that Subcontractor employed for such Work is approved. Such Subcontractor(s) shall provide evidence of being approved when requested by the Owner’s Representative. 1) Work shall be executed by mechanics skilled in the Work required. Conform to the methods, standards and accepted practices of the Trade or Trades involved. B. Each Section includes a list of Manufacturers whose equipment is acceptable as to manufacture, subject to conformance with the Contract Documents. Careful checking must be made by the Contractor and the manufacturer or equipment supplier to verify that the equipment will meet all capacities, requirements, space allocations and is suitable to the intended purpose. C. Conflicting Requirements: If Contract Documents conflict with manufacturer’s written instructions for minimum installation procedures, assume the more stringent applies and request confirmation from Owner’s Representative for a decision before proceeding. PART 2 PRODUCTS Not Used Page 38 of 191 Initialed by:____ RFP 196 PART 3 EXECUTION 1. REPAIR AND PROTECTION A. Protect construction exposed by or for quality-control service activities. B. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION Page 39 of 191 Initialed by:____ RFP 196 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Requirements for temporary facilities and controls. USE CHARGES A. General: Cost or use charges for temporary facilities shall be included in the Contract Sum. B. Water Service: Pay water service use charges for water used by all entities for construction operations. C. Electric Power Service: Pay electric power service use charges for electricity used by all entities for construction operations. 3. INFORMATIONAL SUBMITTALS A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel. B. Moisture-Protection Plan: Describe procedures and controls for protecting materials and construction from water absorption and damage. 1) Describe delivery, handling, and storage provisions for materials subject to water absorption or water damage. 2) Indicate procedures for discarding water-damaged materials, protocols for mitigating water intrusion into completed Work, and replacing water-damaged Work. 4. QUALITY ASSURANCE A. Standards: Comply with ANSI A10.6, NECA's "Temporary Electrical Facilities," and NFPA 241. B. Comply with codes and regulations regarding potable drinking water, sanitation, dust control, fire protection, and other temporary controls. 1) Electric Service: Comply with NFPA, NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. C. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. 5. PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Installer of each permanent service shall assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. B. Conditions of Use: The following conditions apply to use of temporary services and facilities by all parties engaged in the Work: 1) Keep temporary services and facilities clean and neat. Page 40 of 191 Initialed by:____ RFP 196 2) 3) Relocate temporary services and facilities as required by progress of the Work. If existing facilities are used, maintain facilities in a clean condition acceptable to Owner’s Representative. PART 2 PRODUCTS 1. EQUIPMENT, FACILITIES AND CONTROLS A. Fire Protection: Comply with fire insurance and governing regulations. B. Water Service: Connect to existing water service facilities. Clean and maintain water service facilities in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. C. Toilets: Use of Owner's existing toilet facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. D. Electric Power Service: Connect to Owner's existing electric power service. equipment in a condition acceptable to Owner. E. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations and traffic conditions. F. Storage and Fabrication Sheds: materials and equipment. G. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Containerize and clearly label hazardous, dangerous, or unsanitary waste materials separately from other waste. Comply with Section 01 73 00 Execution Requirements for progress cleaning requirements. H. Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erecting structurally adequate barricades. Paint with appropriate colors, graphics, and warning signs to inform personnel and public of possible hazard. Provide lighting, including flashing red or amber lights as required. Maintain Provide sheds or adequate size to accommodate stored PART 3 EXECUTION 1. INSTALLATION A. Temporary Utilities: 1) Engage appropriate local utility company to install temporary service. END OF SECTION Page 41 of 191 Initialed by:____ RFP 196 SECTION 01 60 00 PRODUCT AND MATERIAL REQUIREMENTS PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Administrative and procedural requirements for the following: 1) Product delivery, storage, and handling 2) Manufacturers' standard warranties on products 3) Product substitutions 4) Comparable products. DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. B. Prior Approvals: Substitution requests made prior to receipt of bids. 3. SUBMITTALS A. 4. Product List: Submit a list showing specified products as follows: 1) Form: Tabulate information for each product under the following column headings: a) Specification Section number and title. b) Generic name used in the Contract Documents. c) Proprietary name, model number, and similar designations. d) Manufacturer's name and address. e) Supplier's name and address. f) Installer's name and address. g) Projected delivery date or time span of delivery period. h) Identification of items that require early submittal approval for scheduled delivery date. 2) Completed List: Within 20 days after date of Notice to Proceed, submit 2 copies of completed product list. Include a written explanation for omissions of data and for variations from Contract requirements. PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products to prevent damage, deterioration, and loss, including theft. Comply with manufacturer's written instructions. 1) Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2) Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3) Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4) Deliver fabrications in as large assemblies as practicable. Fabrications specified to be shop-primed or shop-finished shall be packaged or crated as required to preserve such priming or finish intact and free from abrasion. 5) Inspect products on delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. Page 42 of 191 Initialed by:____ RFP 196 6) 7) 8) 9) 10) 11) B. 5. Store products to allow for inspection and measurement of quantity or counting of units. Store materials in a manner that will not cause obstructions or endanger Project structure. Store off sidewalks, roadways, and underground services. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. Protect stored products from damage. When a room in the Project is used as a shop or store room, the Contractor shall be responsible for all repairs, patching or cleaning necessary due to such use. Location of such storage space shall be subject to approval of the Owner’s Representative. Restrictions: Deliveries of material and equipment shall be sequence and schedule 48 hours prior to delivery and coordinated with CSN’s Project Manager. 1) Deliveries shall be scheduled between 6:00 AM and 8:00 AM. 2) Contractor is responsible for receiving, unloading, handling, hoisting and staging material. PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. B. Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. Submit a draft for approval before final execution. 1) Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. PART 2 PRODUCTS 1. PRODUCT OPTIONS A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged, and unless otherwise indicated, that are new at time of installation. 1) Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. 2) Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. 3) Where products are accompanied by the term "as selected," Owner’s Representative will make selection unless otherwise indicated. 4) Or Equal: Where products are specified by name and accompanied by the term "or equal" or "or approved equal" or "or approved," comply with provisions in "Comparable Products" Article to obtain approval for use of an unnamed product. B. Product Selection Procedures: 1) Product: Where a single product and manufacturer is named, provide the product named. 2) Manufacturer: Where a single manufacturer is listed, provide a product by the manufacturer that complies with requirements. 3) Manufacturers: Where a list of manufacturers' names is provided, provide a product by one of the manufacturers listed that complies with requirements. 4) Basis-of-Design Products: Where Specifications indicate a specific product as "Basis-of-Design Product[s]" or “Specifications are based on” and also introduce or refer to a list of manufacturers' names, provide either the specified product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Page 43 of 191 Initialed by:____ RFP 196 2. PRODUCT SUBSTITUTIONS A. Prior Approvals (Substitution requests during the bidding phase): Coordinate with Owner. B. Substitutions (After Award of Contract): 1) Substitution requests will be considered only under one or more of the following circumstances: a) If the specified product is not available b) Specified product or material cannot be provided within the Contract Time. c) Request relates to an “or equal” clause. d) Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. e) Specified product or material cannot receive regulatory approval. f) Specified product or material is not compatible with other materials. g) Specified product or material cannot be coordinated with other materials. h) Specified product or material manufacturer cannot provide the specified warranty. 2) Requests for substitutions shall be received by the Owner’s Representative a minimum of 14 days prior to date Contractor is required to place an order for the product. 3) Submit 2 copies of each request. Identify product, fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 4) Substitution Request Form: Section 01 60 50 – Substitution Request Form (After the Bidding Phase) contained in the Project Manual.] 5) Requests shall include the following information: a) Documentation of compliance with Conditions for Product Substitutions as specified herein. b) Statement indicating why specified material or product cannot be provided. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in delivery. c) Coordination information, including a list of changes or modifications required to other parts of the Work that will be necessary to accommodate proposed substitution. d) Detailed comparison of significant qualities of proposed substitution with those of the Work specified. e) Product Data, including drawings and descriptions of products and fabrication and installation procedures. f) Samples, where applicable or requested by Owner’s Representative. g) List of similar installations in completed projects. Include names and addresses of the project, Architect and Owner. h) Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. i) Research/evaluation reports evidencing compliance with building code in effect for Project, from a model code organization acceptable to authorities having jurisdiction. j) Detailed comparison of Contractor's Construction Schedule using proposed substitution compared to specified products. k) Cost information, including any changes in the Contract Sum. l) Contractor's certification that proposed substitution complies with requirements in the Contract Documents and is appropriate for applications indicated. m) Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 6) Owner’s Representative's Action: a) If necessary, Owner’s Representative will request additional information or documentation for evaluation within one week of receipt of a request for substitution. Page 44 of 191 Initialed by:____ RFP 196 b) C. Owner’s Representative will notify Contractor of acceptance or rejection of proposed substitution within 10 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. Conditions for Product Substitutions: Owner’s Representative will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Owner’s Representative will return requests without action, except to record noncompliance with these requirements: 1) Requested substitution does not require extensive revisions to the Contract Documents. 2) Requested substitution is consistent with the Contract Documents and will produce indicated results. 3) Substitution request is fully documented and properly submitted. 4) Requested substitution will not adversely affect Contractor's Construction Schedule. 5) Requested substitution has received necessary approvals of authorities having jurisdiction. 6) Requested substitution is compatible with other portions of the Work. 7) Requested substitution has been coordinated with other portions of the Work. 8) Requested substitution provides specified warranty. 9) If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. PART 3 EXECUTION NOT USED END OF SECTION Page 45 of 191 Initialed by:____ RFP 196 SECTION 01 60 50 SUBSTITUTION REQUEST - FORM (After the Bidding Phase) Project: CSN Cheyenne Phase V, Culinary 50 kWs PV Installation To: Re: _____________________________ Substitution Request Number: ___________________ _____________________________ From:________________________________________ _____________________________ Date: ________________________________________ _____________________________ Owner’s Project Number ________________________ _____________________________ Contract For: _________________________________ Specification Title: ____________________ Section: _______ Page: ________ Description: __________________________________ Article/Paragraph: ______________________________ Proposed Substitution: _________________________________________________________________ Manufacturer: _________________ Address: ________________________ Phone: ______________ Trade Name: _________________________________________________ Model No.: ______________ Installer: _____________________ History: New product Address: _________________________ 2-5 years old 5-10 years old Phone: _____________ More than 10 years old Differences between proposed substitution and specified product: ______________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Point-by point comparative data attached – REQUIRED BY A/E Reason for not providing specified item: ____________________________________________________ ____________________________________________________________________________________ Similar Installation: Project: _______________________ Architect: Address: ______________________ Owner: ______________________ ___________________________________ _____________________________________ Date Installed: Proposed substitution affects other parts of Work: No _______________________________ Yes; explain____________________ ____________________________________________________________________________________ Savings to Owner for accepting substitution: ___________________________ ($_________________). Proposed substitution changes Contract Time: Supporting Data Attached: Drawings No Product Data Yes [Add] [Deduct] ______________ days. Samples Tests Reports _____ Page 46 of 191 Initialed by:____ RFP 196 The Undersigned certifies: • Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product. • Same warranty will be furnished for proposed substitution as for specified product. • Same maintenance service and source of replacement parts, as applicable, is available. • Proposed substitution will have no adverse effect on other trades and will not affect or delay progress schedule. • Cost data as stated above is complete. Claims for additional costs related to accepted substitution which may subsequently become apparent are to be waived. • Proposed substitution does not affect dimensions and functional clearances. • Payment will be made for changes to building design, including A/E design, detailing, and construction costs by the substitution. • Coordination, installation, and changes in the Work as necessary for accepted substitution will be complete in all respects. Submitted by: ______________________________________________________________________ Signed by: ______________________________________________________________________ Firm: ______________________________________________________________________ Address: ______________________________________________________________________ Telephone: ______________________________________________________________________ Attachments: ______________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ A/E’s REVIEW AND ACTION Substitution approved – Make submittals in accordance with Specification Section 01 33 00. Substitution approved as noted – Make submittals in accordance with Specification Section 01 33 00. Substitution rejected – Use specified materials. Substitution Request received too late – Use specified materials. Signed by: Additional Comments: Date: Contractor Subcontractor Supplier Manufacturer A/E _______ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ END OF FORM Page 47 of 191 Initialed by:____ RFP 196 SECTION 01 73 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1. SUMMARY A. Section includes: General procedural requirements governing execution of the Work including, but not limited to, the following: 1) General installation of products. 2) Progress cleaning. 3) Starting and adjusting. 4) Protection of installed construction. 5) Correction of the Work. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 1. EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of mechanical and electrical systems and other construction affecting the Work. 1) Before construction, verify the location and points of connection of utility services. B. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1) Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. 2) Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 3) Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 2. PREPARATION A. Existing Utility Information: Furnish information to local utility and Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. Page 48 of 191 Initialed by:____ RFP 196 D. 3. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to Owner’s Representative. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1) Make vertical work plumb and make horizontal work level. 2) Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3) Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place, accurately located and aligned with other portions of the Work. 1) Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Owner’s Representative. 2) Allow for building movement, including thermal expansion and contraction. F. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. G. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 4. PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1) Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2) Do not hold materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 80 deg F. 3) Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1) Remove liquid spills promptly. 2) Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials Page 49 of 191 Initialed by:____ RFP 196 specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. G. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. H. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. I. Limiting Exposures: Supervise construction operations to assure that no part of the construction completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 5. STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. malfunctioning units, replace with new units, and retest. B. Adjust operating components for proper operation without binding. Adjust equipment for proper operation. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. 6. Remove PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. 7. CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. Comply with requirements in Section 01 73 29 - Cutting and Patching. 1) Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. D. E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION Page 50 of 191 Initialed by:____ RFP 196 SECTION 01 73 29 CUTTING AND PATCHING PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Procedural requirements for cutting and patching. DEFINITIONS A. Cutting: Removal of existing construction necessary to permit installation or performance of other Work. B. Patching: Fitting and repair work required to restore surfaces to original conditions after installation of other Work. 3. SUBMITTALS A. 4. Cutting and Patching Proposal: Submit a proposal describing procedures at least 10 days before the time cutting and patching will be performed, requesting approval to proceed. Include the following information: 1) Necessity: Describe why cutting and patching cannot be avoided. 2) Changes to Existing Construction: Describe anticipated results. Include changes to structural elements and operating components as well as changes in building's appearance and other significant visual elements. 3) Description of proposed Work: a) Scope of cutting, patching, alteration, or excavation. b) Trades which will execute Work. c) Products proposed to be used. d) Extent of refinishing to be done. 4) Dates: Indicate when cutting and patching will be performed. 5) Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out of service. Indicate how long service will be disrupted. 6) Structural Elements: Where cutting and patching involve adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with original structure. 7) Cost proposal, when applicable. 8) Written permission of trades whose Work will be affected. 9) Owner’s Representatives Approval: Obtain approval of cutting and patching proposal before cutting and patching. Approval does not waive right to later require removal and replacement of unsatisfactory work. QUALITY ASSURANCE A. Structural Elements: Do not cut and patch structural elements without written approval from Structural Engineer. B. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. Page 51 of 191 Initialed by:____ RFP 196 C. 5. Miscellaneous Elements: Do not cut and patch the following elements or related components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. 1) Roof Membranes and flashings. 2) Equipment supports. 3) Piping, ductwork, vessels, and equipment. 4) Noise- and vibration-control elements and systems. PAYMENT FOR COSTS A. Cost caused by ill-timed or defective Work or Work not conforming to Contract Documents, including costs for additional services of Architect and Engineer to be paid by Contractor. B. Cost of Work done on written instructions of Owner’s Representative, other than defective or nonconforming Work, will be paid by Owner on approval of written Change Order. Provide written cost proposals prior to proceeding with cutting and patching proposed by Owner’s Representative. PART 2 PRODUCTS 1. MATERIALS A. General: Comply with requirements specified in other Sections of these Specifications. PART 3 EXECUTION 1. EXAMINATION A. 2. Inspect existing conditions of Work, including elements subject to movement or damage during cutting and patching, and excavating and backfilling. Examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. 1) Compatibility: Before patching, verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. 2) Proceed with installation only after unsafe or unsatisfactory conditions have been corrected. PREPARATION A. Temporary Support: Provide temporary support of Work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. C. Adjoining Areas: Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. 3. PERFORMANCE A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1) Cut existing construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. Page 52 of 191 Initialed by:____ RFP 196 B. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes as shown on Drawings and as specified. C. Fit Work airtight to pipes, sleeves, ducts, conduit and other penetrations through surfaces. Conform to fire code requirements for penetrations and maintain integrity of fire walls and ceilings. D. Restore Work which has been cut or removed. Install new products to provide completed Work in accordance with requirements of Contract Documents and as required to match surrounding areas and surfaces. E. Cutting: Cut existing construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1) In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2) Existing Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3) Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. 4) Excavating and Backfilling: Comply with requirements in applicable Division 2 Sections where required by cutting and patching operations. 5) Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. 6) Proceed with patching after construction operations requiring cutting are complete. F. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other Work. Patch with durable seams that are as invisible as possible. Provide materials and comply with installation requirements specified in other Sections of these Specifications. 1) Inspection: Where feasible, test and inspect patched areas after completion to demonstrate integrity of installation. 2) Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3) Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weather tight condition. END OF SECTION Page 53 of 191 Initialed by:____ RFP 196 SECTION 01 77 00 CLOSEOUT PROCEDURES PART 1 GENERAL 1. SUMMARY A. 2. Section includes: Administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1) Inspection procedures. 2) Project Record Documents. 3) Operation and maintenance manuals. 4) Warranties. 5) Instruction of Owner's personnel (Demonstration and Training). 6) Final cleaning. SUBSTANTIAL COMPLETION A. Preliminary Procedures: The following items shall be completed prior to requesting inspection for determining date of Substantial Completion: 1) Prepare a list of items to be completed and corrected (punch list). Include the value of items on the list, and reasons why the Work is not complete. a) Preparation: Submit 2 copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including areas disturbed by Contractor. b) Organize list of spaces in sequential order, starting with exterior areas first and proceeding from lowest floor to highest floor. c) Organize items applying to each space by major element. 2) Advise Owner’s Representative of pending insurance changeover requirements. 3) Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4) Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5) Prepare and submit Project Record Documents, operation and maintenance manuals, Final Completion construction photographs, damage or settlement surveys, property surveys, and similar final record information. 6) Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7) Complete startup testing of systems. 8) Submit test/adjust/balance records. 9) Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. Owner’s Representative will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items that must be completed or corrected before certificate will be issued. 1) Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2) Results of completed inspection will form the basis of requirements for Final Completion. Page 54 of 191 Initialed by:____ RFP 196 3. FINAL COMPLETION A. Preliminary Procedures: Prior to requesting final inspection for determining date of Final Completion, complete the following: 1) Submit a final Application for Payment in accordance with Section 01 29 00 - Payment Procedures. 2) Submit certified copy of Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Owner’s Representative. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3) Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4) Submit pest-control final inspection report and warranty. 5) Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Owner’s Representative will either proceed with inspection or notify Contractor of unfulfilled requirements. Owner’s Representative will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1) Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 4. CLOSEOUT SUBMITTALS A. Record Drawings: Comply with the following: 1) Number of Copies: Submit copies of record Drawings as follows: a) Initial Submittal: Submit one paper copy set and one set of PDF electronic files of marked-up record prints and one set(s) of plots from corrected record digital data files. b) Final Submittal: Submit one paper copy set and one set of PDF electronic files of marked-up record prints. Print each Drawing, whether or not changes and additional information were recorded. B. Record Specifications: Submit one paper copy set and one set of PDF electronic files of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit one paper copy set and one set of PDF electronic files of each submittal. 1) Where record Product Data are required as part of operation and maintenance manuals, submit duplicate marked-up Product Data as a component of manual. D. Miscellaneous Record Submittals: Refer to other Specification Sections for miscellaneous record-keeping requirements and submittals in connection with various construction activities. Submit one paper copy set and one set of PDF electronic files of each submittal. E. Reports: Submit written report weekly indicating items incorporated in Project record documents concurrent with progress of the Work, including modifications, concealed conditions, field changes, product selections, and other notations incorporated. Page 55 of 191 Initialed by:____ RFP 196 PART 2 PRODUCTS 1. PROJECT RECORD DOCUMENTS A. General: Contractor shall maintain a complete and accurate record of changes or deviations from the Contract Documents and Shop Drawings, indicating the Work as actually installed. Record information in the appropriate locations on a record set of prints of the Drawings and Shop Drawings and a copy of the Specifications that are maintained solely for the purpose of this documentation. Keep this record set of Contract Documents and Shop Drawings at the project site for review by the Owner’s Representative. 1) Do not use Project Record Documents for construction purposes. 2) Protect Project Record Documents from deterioration and loss. Provide access to Project Record Documents for Owner’s Representative's reference during normal working hours. 3) The Individual or entity who obtains record data shall prepare Record Documents. 4) Information contained in the record documents shall include, but not be limited to: a) Actual installation where actual installation varies from original drawings b) Modifications made by Addenda, Change Orders or Construction Change Directives which shall be transferred to the record documents. c) Location of piping, power, wiring, etc., dimensioned horizontally to permanent points of reference. Dimensions shall be accurate within 6 inches. d) Modifications made to accommodate field conditions. e) Location and function of mechanical and electrical control devices and shut-off valves. f) Construction Change Directive numbers, Change Order numbers, alternate numbers, and similar identification where applicable. 5) Mark the Contract Drawings and Shop Drawings completely and accurately. Utilize personnel proficient at recording graphic information in production of marked-up record prints. 6) Mark important additional information that was either shown schematically or omitted from original Drawings. B. Record Prints: 1) The Owner’s Representative will provide the Contractor with a set of reproducible drawings, of the complete original bidding documents, at Contractor's expense. Seals and signatures of Registrants shall be completely removed and/or permanently obscured. 2) Mark record sets with erasable, red-colored pencil. Use additional colors as required to distinguish changes for different categories of the Work at the same location. Deletions shall be made by erasure or sepia eradicator only. 3) Prior to application for final payment, transfer all changes, information and notations made to the record prints to a reproducible set. 4) Organize final Record Prints into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. C. Record Cad Drawings: 1) Organize CAD information into separate electronic files that correspond to each sheet of the Contract Drawings. Name each file with the sheet identification. Include identification in each CAD file. Page 56 of 191 Initialed by:____ RFP 196 D. Final Record Drawings – As-Builts: Immediately before inspection for Certificate of Substantial Completion, review marked-up record prints with Owner’s Representative. When authorized, prepare a full set of corrected Record Drawings of the Contract Drawings, as follows: 1) Format: a) Record Prints: Organize record prints and newly prepared record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. b) Annotated PDF electronic file. 2) Incorporate changes and additional information previously marked on record prints. Delete, redraw, and add details and notations where applicable. 3) Refer instances of uncertainty to Owner’s Representative for resolution. E. Identification: Identify and date each record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1) Identification: As follows: a) Project name. b) Date. c) Designation "PROJECT RECORD DRAWINGS." d) Name of Contractor. 2. RECORD SPECIFICATIONS A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1) Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2) Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. 3) Record the name of manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. 4) For each principal product, indicate whether record Product Data has been submitted in operation and maintenance manuals instead of submitted as record Product Data. 5) Note related Change Orders, record Product Data, and Record Drawings where applicable. B. Record Specifications: Submit one paper copy set and one set of PDF electronic files of Project's Specifications, including addenda and contract modifications. 3. RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1) Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2) Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3) Note related Change Orders, record Specifications, and record Drawings where applicable. B. Format: Submit record Product Data as one paper copy set and one set of PDF electronic files. 1) Include record Product Data directory organized by specification section number and title, electronically linked to each item of record Product Data. Page 57 of 191 Initialed by:____ RFP 196 4. MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. B. Format: Submit miscellaneous record submittals as one paper copy set and one set of PDF electronic files. 1) Include miscellaneous record submittals directory organized by specification section number and title, electronically linked to each item of miscellaneous record submittals. 5. OPERATION AND MAINTENANCE MANUALS A. General: Assemble 2 copies of operation and maintenance data indicating the operation and maintenance of each system, subsystem, and piece of equipment not part of a system. Include operation and maintenance data required in individual Specification Sections and as follows: 1) Operation Data: Include complete operating sequence, control diagrams, description of method of operating machinery, machine serial numbers, factory order numbers, parts, tests, instruction books, suppliers phone numbers and addresses, individual equipment guarantees, parts and part numbers. 2) Maintenance Data: Include manufacturer's information, a list of spare parts, maintenance procedures, maintenance and service schedules for preventive and routine maintenance, and copies of warranties and bonds. Include lists of filter sizes for air handling equipment, indicating which unit filter if for and if filter is “washable" or "disposable". B. Organization: 1) Organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. 2) Include a title page and table of contents in each manual. C. Format: 1) Binders: Heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a) Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project name, and subject matter of contents. Indicate volume number for multiple-volume sets. 2) Dividers: Heavy-paper dividers with plastic-covered tabs for each section. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual. 3) Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software diskettes for computerized electronic equipment. 4) Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a) If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. b) If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. D. Provide manufacturer’s operations and maintenance videotapes of each specific equipment item or system. Page 58 of 191 Initialed by:____ RFP 196 E. 6. Upon substantial completion of the Project Work, submit one copy of the Maintenance Manual and Operating Instructions to the Owner’s Representative for approval. Upon receipt of Notice of Approval, deliver the additional copy to the Owner. WARRANTIES A. Submittal Time: Submit written warranties upon request of Owner’s Representative for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1) Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch paper. 2) Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3) Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. C. Include and additional copy of each warranty in the operation and maintenance manuals. 7. OWNER’S MANUAL A. Prior to final payment, submit one hard-back, loose-leaf binder containing the following items, typed, indexed and labeled for ready reference: 1) Subcontractors, major suppliers list with company’s names, addresses and telephone numbers. 2) Certifications. 3) Affidavit from general and subcontractors on use of asbestos free materials. 4) List of Extra Materials supplied to Owner, signed by Owner's representative. 5) Other items required by the Specifications. B. Prior to final payment, submit one binder containing software and software license information. 1) Identify each binder on the front and spine with the typed or printed title “SOFTWARE,” Project name, and name of Contractor. C. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 EXECUTION 1. DEMONSTRATION AND TRAINING A. Instruction: Instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment. 1) Provide instructors experienced in operation and maintenance procedures. 2) Provide instruction at mutually agreed-on times. For equipment that requires seasonal operation, provide similar instruction at the start of each season. 3) Schedule training with Owner’s Representative. Provide a minimum of 7 days' advance notice. 4) Coordinate instructors, including providing notification of dates, times, length of instruction, and course content. Page 59 of 191 Initialed by:____ RFP 196 B. 2. Program Structure: Develop an instruction program that includes individual training modules for each system and equipment type, as required by individual Specification Sections. For each training module, develop a learning objective and teaching outline. 1) Include instruction for system design and operational philosophy, review of documentation, operations, adjustments, troubleshooting, maintenance, and repair. FINAL CLEANING A. General: Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. 1) Employ experienced workers or professional cleaners for final cleaning. Comply with manufacturer's written instructions. B. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: 1) Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. No items shall be left or discarded elsewhere on site. 2) Remove labels that are not permanent. C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. D. Existing improvements, inside or outside the property which are disturbed, damaged or destroyed by the Work under the Contract shall be restored to the condition in which they originally were, or to the satisfaction of the Owner’s Representative. END OF SECTION Page 60 of 191 Initialed by:____ RFP 196 Specifications Table of Contents Generated by Masterworks: 10/27/2010 Page 61 of 191 Initialed by:____ RFP 196 Division Section Title Pages SPECIFICATIONS GROUP Facility Services Subgroup DIVISION 26 - ELECTRICAL 260500 COMMON WORK RESULTS FOR ELECTRICAL 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS 262813 FUSES 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 263110 PERFORMANCE SPECIFICATION FOR UTILITY-INTERACTIVE 2 3 2 4 4 4 3 3 9 END OF TABLE OF CONTENTS Page 62 of 191 Initialed by:____ RFP 196 SECTION 260500 COMMON WORK RESULTS FOR ELECTRICAL PART 1 GENERAL 1. RELATED DOCUMENTS A. 2. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. Section Includes: 1) 2) 3. Electrical equipment coordination and installation. Common electrical installation requirements. DEFINITIONS A. EPDM: Ethylene-propylene-diene terpolymer rubber. B. NBR: Acrylonitrile-butadiene rubber. 4. COORDINATION A. Coordinate arrangement, mounting, and support of electrical equipment: 1) 2) 3) 4) B. To allow maximum possible headroom unless specific mounting heights that reduce headroom are indicated. To provide for ease of disconnecting the equipment with minimum interference to other installations. To allow right of way for piping and conduit installed at required slope. So connecting raceways, cables, wireways, cable trays, and busways will be clear of obstructions and of the working and access space of other equipment. Coordinate location of access panels and doors for electrical items that are behind finished surfaces or otherwise concealed. Access doors and panels are specified in Division 08 Section "Access Doors and Frames." PART 2 PRODUCTS PART 3 EXECUTION 1. COMMON REQUIREMENTS FOR ELECTRICAL INSTALLATION A. Comply with NECA 1. Page 63 of 191 Initialed by:____ RFP 196 B. Headroom Maintenance: If mounting heights or other location criteria are not indicated, arrange and install components and equipment to provide maximum possible headroom consistent with these requirements. C. Equipment: Install to facilitate service, maintenance, and repair or replacement of components of both electrical equipment and other nearby installations. Connect in such a way as to facilitate future disconnecting with minimum interference with other items in the vicinity. 2. FIRESTOPPING A. Apply firestopping to penetrations of fire-rated floor and wall assemblies for electrical installations to restore original fire-resistance rating of assembly. Firestopping materials and installation requirements are specified in Division 07 Section 078413 "Penetration Firestopping." B. Fire stopping materials shall be installed in accordance with manufacturers written instructions. C. Provide UL Listed pillows to seal openings where cable trays pass through fire rated walls. 3. PROTECTION OF WORK A. Protect work from injury by keeping all conduit and boxes capped and plugged or otherwise protected. END OF SECTION 260500 Page 64 of 191 Initialed by:____ RFP 196 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 GENERAL 1. RELATED DOCUMENTS A. 2. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. This Section includes the following: 1) 2) 3. Building wires and cables rated 600 V and less. Connectors, splices, and terminations rated 600 V and less. DEFINITIONS A. EPDM: Ethylene-propylene-diene terpolymer rubber. B. NBR: Acrylonitrile-butadiene rubber. PART 2 PRODUCTS 1. CONDUCTORS AND CABLES A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1) 2) 3) 4) American Insulated Wire Corp.; a Leviton Company. General Cable Corporation. Senator Wire & Cable Company. Southwire Company. B. Copper Conductors: Comply with NEMA WC 70. C. Conductor Insulation: Comply with NEMA WC 70 for Types THHN-THWN. D. Multiconductor Cable: Comply with NEMA WC 70 for Type USE with ground wire. 2. CONNECTORS AND SPLICES A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1) AFC Cable Systems, Inc. Page 65 of 191 Initialed by:____ RFP 196 2) 3) 4) 5) Hubbell Power Systems, Inc. O-Z/Gedney; EGS Electrical Group LLC. 3M; Electrical Products Division. Tyco Electronics Corp. B. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. C. Make terminations, taps, and splices with an indent pressure connector with insulating cover for #8 AWG and smaller. PART 3 EXECUTION 1. CONDUCTOR MATERIAL APPLICATIONS A. Feeders: Copper: Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. B. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. 2. CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS A. Feeders Concealed in Ceilings, Walls, Partitions, and Crawlspaces: Type THHN-THWN, single conductors in raceway. B. Exposed Branch Circuits, Including in Crawlspaces: Type THHN-THWN, single conductors in raceway. C. Branch Circuits Concealed in Ceilings, Walls, and Partitions: conductors in raceway. D. Branch Circuits on roof for PV module circuits: 3. Type THHN-THWN, single Type USE cable in raceway. INSTALLATION OF CONDUCTORS AND CABLES A. Conceal cables in finished walls, ceilings, and floors, unless otherwise indicated. B. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. D. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. E. Support cables according to Division 26 Section "Hangers and Supports for Electrical Systems." F. Identify and color-code conductors and cables according to Division 26 Section "Identification for Electrical Systems." Page 66 of 191 Initialed by:____ RFP 196 4. CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. B. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. 5. FIELD QUALITY CONTROL A. B. Tests and Inspections: 1) After installing conductors and cables and before electrical circuitry has been energized, test for compliance with requirements. 2) Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Remove and replace malfunctioning units and cables, retest as specified above. END OF SECTION 260519 Page 67 of 191 Initialed by:____ RFP 196 SECTION 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1. RELATED DOCUMENTS A. 2. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. 3. Section Includes: Grounding systems and equipment. SUBMITTALS A. Product Data: For each type of product indicated. B. Informational Submittals: Plans showing dimensioned as-built locations of grounding features specified in "Field Quality Control" Article, including the following: 1) Grounding arrangements and connections for separately derived systems. PART 2 PRODUCTS 1. CONDUCTORS A. Insulated Conductors: Copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. B. Bare Copper Conductors: 1) 2) 3) 4) 5) 2. Solid Conductors: ASTM B 3. Stranded Conductors: ASTM B 8. Bonding Cable: 28 kcmil, 14 strands of No. 17 AWG conductor, 1/4 inch in diameter. Bonding Conductor: No. 4 or No. 6 AWG, stranded conductor. Bonding Jumper: Copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches wide and 1/16 inch thick. CONNECTORS A. Listed and labeled by an Nationally Recognized Testing Laboratory (NRTL) acceptable to authorities having jurisdiction for applications in which used and for specific types, sizes, and combinations of conductors and other items connected. B. Bus-bar Connectors: Mechanical type, cast silicon bronze, solderless compression-type wire terminals, and long-barrel, two-bolt connection to ground bus bar. Page 68 of 191 Initialed by:____ RFP 196 PART 3 EXECUTION 1. APPLICATIONS A. 2. Conductors: Install solid conductor for No. 8 AWG and smaller, and stranded conductors for No. 6 AWG and larger unless otherwise indicated. EQUIPMENT GROUNDING A. 3. Install insulated equipment grounding conductors with all feeders and branch circuits. INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance except where routed through short lengths of conduit. 1) Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install bonding so vibration is not transmitted to rigidly mounted equipment. END OF SECTION 260526 Page 69 of 191 Initialed by:____ RFP 196 SECTION 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1. RELATED DOCUMENTS A. 2. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. This Section includes the following: 1) 3. Hangers and supports for electrical equipment and systems. DEFINITIONS A. EMT: Electrical metallic tubing. B. IMC: Intermediate metal conduit. C. RMC: Rigid metal conduit. 4. PERFORMANCE REQUIREMENTS A. Design supports for multiple raceways capable of supporting combined weight of supported systems and its contents. B. Design equipment supports capable of supporting combined operating weight of supported equipment and connected systems and components. 5. Rated Strength: Adequate in tension, shear, and pullout force to resist maximum loads calculated or imposed for this Project, with a minimum structural safety factor of five times the applied force. 6. SUBMITTALS A. Product Data: For the following: 1) 2) B. Steel slotted support systems. Nonmetallic slotted support systems. Shop Drawings: 1) 2) Show fabrication and installation details for the following: Steel slotted channel systems. Product data components. Equipment supports. Page 70 of 191 Initialed by:____ RFP 196 7. QUALITY ASSURANCE A. 8. Comply with NFPA 70. COORDINATION A. Coordinate installation of roof curbs, equipment supports, and roof penetrations. These items are specified in Division 07 Section "Roof Accessories." PART 2 PRODUCTS 1. SUPPORT, ANCHORAGE, AND ATTACHMENT COMPONENTS A. Steel Slotted Support Systems: Comply with MFMA-4, factory-fabricated components for field assembly. 1) Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a) b) c) d) e) 2) 3) 4) Allied Tube & Conduit. Cooper B-Line, Inc.; a division of Cooper Industries. ERICO International Corporation. Thomas & Betts Corporation. Unistrut; Tyco International, Ltd. Metallic Coatings: Hot-dip galvanized after fabrication and applied according to MFMA-4. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA-4. Channel Dimensions: Selected for applicable load criteria. B. Raceway and Cable Supports: As described in NECA 1 and NECA 101. C. Conduit and Cable Support Devices: Steel hangers, clamps, and associated fittings, designed for types and sizes of raceway or cable to be supported. D. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items or their supports to building surfaces include the following: 1) Mechanical-Expansion Anchors: Insert-wedge-type, zinc-coated steel, for use in hardened portland cement concrete with tension, shear, and pullout capacities appropriate for supported loads and building materials in which used. a) Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: i. Cooper B-Line, Inc.; a division of Cooper Industries. ii. Hilti Inc. iii. ITW Ramset/Red Head; a division of Illinois Tool Works, Inc. 2) Concrete Inserts: Steel or malleable-iron, slotted support system units similar to MSS Type 18; complying with MFMA-4 or MSS SP-58. Page 71 of 191 Initialed by:____ RFP 196 3) 4) 5) 6) Clamps for Attachment to Steel Structural Elements: MSS SP-58, type suitable for attached structural element. Through Bolts: Structural type, hex head, and high strength. Comply with ASTM A 325. Toggle Bolts: All-steel springhead type. Hanger Rods: Threaded steel. PART 3 EXECUTION 1. APPLICATION A. Comply with NECA 1 and NECA 101 for application of hangers and supports for electrical equipment and systems except if requirements in this Section are stricter. B. Maximum Support Spacing and Minimum Hanger Rod Size for Raceway: Space supports for EMT, IMC, and RMC as required by NFPA 70. Minimum rod size shall be 1/4 inch in diameter. C. Multiple Raceways or Cables: Install trapeze-type supports fabricated with steel slotted support system, sized so capacity can be increased by at least 25 percent in future without exceeding specified design load limits. D. Spring-steel clamps designed for supporting single conduits without bolts may be used for 1-1/2-inch and smaller raceways serving branch circuits and communication systems above suspended ceilings and for fastening raceways to trapeze supports. 2. SUPPORT INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except as specified in this Article. B. Raceway Support Methods: In addition to methods described in NECA 1, EMT, IMC, and RMC may be supported by openings through structure members, as permitted in NFPA 70. C. Strength of Support Assemblies: Where not indicated, select sizes of components so strength will be adequate to carry present and future static loads within specified loading limits. Minimum static design load used for strength determination shall be weight of supported components plus 200 lb. D. Mounting and Anchorage of Surface-Mounted Equipment and Components: Anchor and fasten electrical items and their supports to building structural elements by the following methods unless otherwise indicated by code: 1) 2) 3) 4) 5) E. To Masonry: Approved toggle-type bolts on hollow masonry units and expansion anchor fasteners on solid masonry units. To Existing Concrete: Expansion anchor fasteners. To Steel: Beam clamps (MSS Type 19, 21, 23, 25, or 27) complying with MSS SP-69. To Light Steel: Sheet metal screws. Items Mounted on Hollow Walls and Nonstructural Building Surfaces: Mount cabinets, panelboards, disconnect switches, control enclosures, pull and junction boxes, transformers, and other devices on slotted-channel racks attached to substrate. Drill holes for expansion anchors in concrete at locations and to depths that avoid reinforcing bars. Page 72 of 191 Initialed by:____ RFP 196 END OF SECTION 260529 Page 73 of 191 Initialed by:____ RFP 196 SECTION 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1. RELATED DOCUMENTS A. 2. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. 3. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring. DEFINITIONS A. EMT: Electrical metallic tubing. B. EPDM: Ethylene-propylene-diene terpolymer rubber. C. FMC: Flexible metal conduit. D. LFMC: Liquidtight flexible metal conduit. 4. QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. PART 2 PRODUCTS 1. METAL CONDUIT AND TUBING A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1) 2) 3) 4) 5) 6) 7) 8) AFC Cable Systems, Inc. Alflex Inc. Allied Tube & Conduit; a Tyco International Ltd. Co. Anamet Electrical, Inc.; Anaconda Metal Hose. Electri-Flex Co. Manhattan/CDT/Cole-Flex. O-Z Gedney; a unit of General Signal. Wheatland Tube Company. Page 74 of 191 Initialed by:____ RFP 196 B. EMT: ANSI C80.3. C. FMC: Zinc-coated steel. D. LFMC: Flexible steel conduit with PVC jacket. E. Fittings for Conduit (Including all Types and Flexible and Liquidtight), EMT, and Cable: NEMA FB 1; listed for type and size raceway with which used, and for application and environment in which installed. 1) F. 2. Fittings for EMT: Steel, compression type. Joint Compound for Rigid Steel Conduit or IMC: Listed for use in cable connector assemblies, and compounded for use to lubricate and protect threaded raceway joints from corrosion and enhance their conductivity. BOXES, ENCLOSURES, AND CABINETS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) Cooper Crouse-Hinds; Div. of Cooper Industries, Inc. EGS/Appleton Electric. Erickson Electrical Equipment Company. Hoffman. Hubbell Incorporated; Killark Electric Manufacturing Co. Division. O-Z/Gedney; a unit of General Signal. RACO; a Hubbell Company. Robroy Industries, Inc.; Enclosure Division. Scott Fetzer Co.; Adalet Division. Thomas & Betts Corporation. Walker Systems, Inc.; Wiremold Company (The). Woodhead, Daniel Company; Woodhead Industries, Inc. Subsidiary. B. Sheet Metal Outlet and Device Boxes: NEMA OS 1. C. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. D. Hinged-Cover Enclosures: NEMA 250, Type 1, with continuous-hinge cover with flush latch, unless otherwise indicated. 1) Metal Enclosures: Steel, finished inside and out with manufacturer's standard enamel. PART 3 EXECUTION 1. RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below, unless otherwise indicated: 1) 2) 3) 4) Exposed Conduit: EMT. Concealed Conduit, Aboveground: EMT. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): LFMC. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R. Page 75 of 191 Initialed by:____ RFP 196 B. Comply with the following indoor applications, unless otherwise indicated: 1) 2) 3) 4) Exposed, Not Subject to Physical Damage: EMT. Concealed in Ceilings and Interior Walls and Partitions: EMT. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): FMC, except use LFMC in damp or wet locations. Boxes and Enclosures: NEMA 250, Type 1. C. Minimum Raceway Size: 3/4-inch trade size. D. Raceway Fittings: Compatible with raceways and suitable for use and location. 2. INSTALLATION A. Comply with NECA 1 for installation requirements applicable to products specified in Part 2 except where requirements on Drawings or in this Article are stricter. B. Keep raceways at least 6 inches away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. C. Complete raceway installation before starting conductor installation. D. Support raceways as specified in Division 26 Section "Hangers and Supports for Electrical Systems." E. Install no more than the equivalent of three 90-degree bends in any conduit run except for communications conduits, for which fewer bends are allowed. F. Conceal conduit and EMT within finished walls, ceilings, and floors, unless otherwise indicated. G. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors, including conductors smaller than No. 4 AWG. H. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb tensile strength. Leave at least 12 inches of slack at each end of pull wire. I. Install raceway sealing fittings at suitable, approved, and accessible locations and fill them with listed sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. Install raceway sealing fittings at the following points: 1) 2) J. Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces. Where otherwise required by NFPA 70. Flexible Conduit Connections: Use maximum of 72 inches of flexible conduit forequipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1) Use LFMC in damp or wet locations subject to severe physical damage. Page 76 of 191 Initialed by:____ RFP 196 3. FIRESTOPPING A. 4. Apply firestopping to electrical penetrations of fire-rated floor and wall assemblies to restore original fire-resistance rating of assembly. Firestopping materials and installation requirements are specified in Division 07 Section "Penetration Firestopping." PROTECTION A. Provide final protection and maintain conditions that ensure coatings, finishes, and cabinets are without damage or deterioration at time of Substantial Completion. 1) Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. END OF SECTION 260533 Page 77 of 191 Initialed by:____ RFP 196 SECTION 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1. RELATED DOCUMENTS A. 2. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. Section Includes: 1) 2) 3) 4) 3. Identification for raceways. Identification for conductors. Warning labels and signs. Equipment identification labels. QUALITY ASSURANCE A. Comply with ANSI A13.1. B. Comply with NFPA 70. C. Comply with 29 CFR 1910.144 and 29 CFR 1910.145. D. Comply with ANSI Z535.4 for safety signs and labels. E. Adhesive-attached labeling materials, including label stocks, laminating adhesives, and inks used by label printers, shall comply with UL 969. 4. COORDINATION A. Coordinate identification names, abbreviations, colors, and other features with requirements in other Sections requiring identification applications, Drawings, Shop Drawings, manufacturer's wiring diagrams, and the Operation and Maintenance Manual; and with those required by codes, standards, and 29 CFR 1910.145. Use consistent designations throughout Project. B. Coordinate installation of identifying devices with completion of covering and painting of surfaces where devices are to be applied. C. Coordinate installation of identifying devices with location of access panels and doors. D. Install identifying devices before installing acoustical ceilings and similar concealment. Page 78 of 191 Initialed by:____ RFP 196 PART 2 PRODUCTS 1. CONDUCTOR IDENTIFICATION MATERIALS A. Color-Coding Conductor Tape: Colored, self-adhesive vinyl tape not less than 3 mils thick by 1 to 2 inches wide. B. Self-Adhesive Vinyl Labels: Preprinted, flexible label laminated with a clear, weather- and chemical-resistant coating and matching wraparound adhesive tape for securing ends of legend label. 2. WARNING LABELS AND SIGNS A. Comply with NFPA 70 and 29 CFR 1910.145. B. Self-Adhesive Warning Labels: Factory-printed, multicolor, pressure-sensitive adhesive labels, configured for display on front cover, door, or other access to equipment unless otherwise indicated. C. Baked-Enamel Warning Signs: 1) 2) 3) 3. Preprinted aluminum signs, punched or drilled for fasteners, with colors, legend, and size required for application. 1/4-inch grommets in corners for mounting. Nominal size, 7 by 10 inches. EQUIPMENT IDENTIFICATION LABELS A. Engraved, Laminated Acrylic or Melamine Label: Punched or drilled for screw mounting. White letters on a dark-gray background. Minimum letter height shall be 3/8 inch. PART 3 EXECUTION 1. INSTALLATION A. Verify identity of each item before installing identification products. B. Location: Install identification materials and devices at locations for most convenient viewing without interference with operation and maintenance of equipment. C. Apply identification devices to surfaces that require finish after completing finish work. D. Attach signs and plastic labels that are not self-adhesive type with mechanical fasteners appropriate to the location and substrate. 2. IDENTIFICATION SCHEDULE A. Power-Circuit Conductor Identification, 600 V or Less: For conductors in pull and junction boxes, use color-coding conductor tape to identify the phase. Page 79 of 191 Initialed by:____ RFP 196 1) Color-Coding for Phase and Voltage Level Identification, 600 V or Less: Use colors listed below for ungrounded feeder and branch-circuit conductors. a) b) Color shall be factory applied or field applied for sizes larger than No. 8 AWG, if authorities having jurisdiction permit. Colors for 208/120-V Circuits: Phase A: Black. Phase B: Red. Phase C: Blue. c) Colors for 480/277-V Circuits: Phase A: Brown. Phase B: Orange. Phase C: Yellow. d) Colors for Direct Current Circuits: Positive: Red Negative: Black e) Field-Applied, Color-Coding Conductor Tape: Apply in half-lapped turns for a minimum distance of 6 inches from terminal points and in boxes where splices or taps are made. Apply last two turns of tape with no tension to prevent possible unwinding. Locate bands to avoid obscuring factory cable markings. B. Install instructional sign including the color-code for grounded and ungrounded conductors using adhesive-film-type labels. C. Equipment Identification Labels: On each unit of equipment, install unique designation label that is consistent with wiring diagrams, schedules, and the Operation and Maintenance Manual. Apply labels to disconnect switches and protection equipment, central or master units, control panels, control stations, terminal cabinets, and racks of each system. Systems include power, lighting, control, communication, signal, monitoring, and alarm systems unless equipment is provided with its own identification. 1) Labeling Instructions: a) b) 2) Indoor Equipment: Engraved, laminated acrylic or melamine label. Unless otherwise indicated, provide a single line of text with 1/2-inch- high letters on 1-1/2-inch- high label; where two lines of text are required, use labels 2 inches high. Outdoor Equipment: Engraved, laminated acrylic or melamine label. Equipment to Be Labeled: a) b) c) d) e) f) g) Panelboards: Typewritten directory of circuits in the location provided by panelboard manufacturer. Panelboard identification shall be engraved, laminated acrylic or melamine label. Enclosures and electrical cabinets. Access doors and panels for concealed electrical items. Enclosed switches. Enclosed circuit breakers. Power-generating units. Monitoring and control equipment. Page 80 of 191 Initialed by:____ RFP 196 END OF SECTION 260553 Page 81 of 191 Initialed by:____ RFP 196 SECTION 262813 FUSES PART 1 GENERAL 1. RELATED DOCUMENTS A. 2. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. Section Includes: 1) 2) 3. Cartridge fuses rated 600-V ac and less for use in enclosed switches. Spare-fuse cabinets. SUBMITTALS A. Product Data: For each type of product indicated. Include construction details, material, dimensions, descriptions of individual components, and finishes for spare-fuse cabinets. Include the following for each fuse type indicated: 1) Ambient Temperature Adjustment Information: If ratings of fuses have been adjusted to accommodate ambient temperatures, provide list of fuses with adjusted ratings. a) b) 2) 3) 4) 5) B. For each fuse having adjusted ratings, include location of fuse, original fuse rating, local ambient temperature, and adjusted fuse rating. Provide manufacturer's technical data on which ambient temperature adjustment calculations are based. Dimensions and manufacturer's technical data on features, performance, electrical characteristics, and ratings. Current-limitation curves for fuses with current-limiting characteristics. Time-current coordination curves (average melt) and current-limitation curves (instantaneous peak let-through current) for each type and rating of fuse. Coordination charts and tables and related data. Operation and Maintenance Data: For fuses to include in emergency, operation, and maintenance manuals. In addition to items specified in Division 01 Section "Operation and Maintenance Data," include the following: 1) 2) 3) 4) Ambient temperature adjustment information. Current-limitation curves for fuses with current-limiting characteristics. Time-current coordination curves (average melt) and current-limitation (instantaneous peak let-through current) for each type and rating of fuse. Coordination charts and tables and related data. curves Page 82 of 191 Initialed by:____ RFP 196 4. QUALITY ASSURANCE A. Source Limitations: Obtain fuses, for use within a specific product or circuit, from single source from single manufacturer. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. Comply with NEMA FU 1 for cartridge fuses. D. Comply with NFPA 70. 5. COORDINATION A. 6. Coordinate fuse ratings with utilization equipment nameplate limitations of maximum fuse size and with system short-circuit current levels. EXTRA MATERIALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1) Fuses: Equal to 10 percent of quantity installed for each size and type, but no fewer than three of each size and type. PART 2 PRODUCTS 1. MANUFACTURERS A. Manufacturers: following: 1) 2) 3) 4) 2. Subject to compliance with requirements, provide products by one of the Cooper Bussmann, Inc. Edison Fuse, Inc. Ferraz Shawmut, Inc. Littelfuse, Inc. CARTRIDGE FUSES A. 3. Characteristics: NEMA FU 1, nonrenewable cartridge fuses with voltage ratings consistent with circuit voltages. SPARE-FUSE CABINET A. Characteristics: Wall-mounted steel unit with full-length, recessed piano-hinged door and key-coded cam lock and pull. 1) 2) 3) Size: Adequate for storage of spare fuses specified with 15 percent spare capacity minimum. Finish: Gray, baked enamel. Identification: "SPARE FUSES" in 1-1/2-inch- high letters on exterior of door. Page 83 of 191 Initialed by:____ RFP 196 4) Fuse Pullers: manufacturer. For each size of fuse, where applicable and available, from fuse PART 3 EXECUTION 1. EXAMINATION A. Examine fuses before installation. damaged. B. Examine holders to receive fuses for compliance with installation tolerances and other conditions affecting performance, such as rejection features. C. Examine utilization equipment nameplates and installation instructions. Install fuses of sizes and with characteristics appropriate for each piece of equipment. D. Evaluate ambient temperatures to determine if fuse rating adjustment factors must be applied to fuse ratings. E. Proceed with installation only after unsatisfactory conditions have been corrected. 2. Reject fuses that are moisture damaged or physically FUSE APPLICATIONS A. Cartridge Fuses: 1) 3. Other Branch Circuits: Class RK1, time delay. INSTALLATION A. Install fuses in fusible devices. Arrange fuses so rating information is readable without removing fuse. B. Install spare-fuse cabinet(s). 4. IDENTIFICATION A. Install labels complying with requirements for identification specified in Division 26 Section "Identification for Electrical Systems" and indicating fuse replacement information on inside door of each fused switch and adjacent to each fuse block, socket, and holder. END OF SECTION 262813 Page 84 of 191 Initialed by:____ RFP 196 SECTION 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS PART 1 GENERAL 1. RELATED DOCUMENTS A. 2. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section Includes: 1) 2) 3) 3. Fusible switches. Nonfusible switches. Enclosures. DEFINITIONS A. NC: Normally closed. B. NO: Normally open. C. SPDT: Single pole, double throw. 4. SUBMITTALS A. Product Data: For each type of enclosed switch, circuit breaker, accessory, and component indicated. Include dimensioned elevations, sections, weights, and manufacturers' technical data on features, performance, electrical characteristics, ratings, accessories, and finishes. 1) 2) 3) 4) 5. Enclosure types and details for types other than NEMA 250, Type 1. Current and voltage ratings. Short-circuit current ratings (interrupting and withstand, as appropriate). Detail features, characteristics, ratings, and factory settings of individual overcurrent protective devices, accessories, and auxiliary components. QUALITY ASSURANCE A. Source Limitations: Obtain enclosed switches and circuit breakers, overcurrent protective devices, components, and accessories, within same product category, from single source from single manufacturer. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. Comply with NFPA 70. Page 85 of 191 Initialed by:____ RFP 196 PART 2 PRODUCTS 1. FUSIBLE SWITCHES A. Manufacturers: following: 1) 2) 3) 4) Subject to compliance with requirements, provide products by one of the Eaton Electrical Inc.; Cutler-Hammer Business Unit. General Electric Company; GE Consumer & Industrial - Electrical Distribution. Siemens Energy & Automation, Inc. Square D; a brand of Schneider Electric. B. Type HD, Heavy Duty, Single Throw, 600-V ac, 1200 A and Smaller: UL 98 and NEMA KS 1, horsepower rated, with clips or bolt pads to accommodate fuses, lockable handle with capability to accept three padlocks, and interlocked with cover in closed position. C. Accessories: 1) 2) 3) 4) 2. Equipment Ground Kit: Internally mounted and labeled for copper and aluminum ground conductors. Neutral Kit: Internally mounted; insulated, capable of being grounded and bonded; labeled for copper and aluminum neutral conductors. Isolated Ground Kit: Internally mounted; insulated, capable of being grounded and bonded; labeled for copper and aluminum neutral conductors. Lugs: Mechanical type, suitable for number, size, and conductor material. NONFUSIBLE SWITCHES A. Manufacturers: following: 1) 2) 3) 4) Subject to compliance with requirements, provide products by one of the Eaton Electrical Inc.; Cutler-Hammer Business Unit. General Electric Company; GE Consumer & Industrial - Electrical Distribution. Siemens Energy & Automation, Inc. Square D; a brand of Schneider Electric. B. Type HD, Heavy Duty, Single Throw, 600-V ac, 1200 A and Smaller: UL 98 and NEMA KS 1, horsepower rated, lockable handle with capability to accept three padlocks, and interlocked with cover in closed position. C. Accessories: 1) 2) 3) 3. Equipment Ground Kit: Internally mounted and labeled for copper and aluminum ground conductors. Neutral Kit: Internally mounted; insulated, capable of being grounded and bonded; labeled for copper and aluminum neutral conductors. Lugs: Mechanical type, suitable for number, size, and conductor material. ENCLOSURES A. Enclosed Switches and Circuit Breakers: NEMA AB 1, NEMA KS 1, NEMA 250, and UL 50, to comply with environmental conditions at installed location. 1) Indoor, Dry and Clean Locations: NEMA 250, Type 1. Page 86 of 191 Initialed by:____ RFP 196 2) Outdoor Locations: NEMA 250, Type 3R. PART 3 EXECUTION 1. EXAMINATION A. Examine elements and surfaces to receive enclosed switches and circuit breakers for compliance with installation tolerances and other conditions affecting performance of the Work. B. Proceed with installation only after unsatisfactory conditions have been corrected. 2. INSTALLATION A. Install individual wall-mounted switches and circuit breakers with tops at uniform height unless otherwise indicated. B. Install fuses in fusible devices. C. Comply with NECA 1. 3. IDENTIFICATION A. Comply with requirements in Division 26 Section "Identification for Electrical Systems." 1) 2) 4. Identify field-installed conductors, interconnecting wiring, and components; provide warning signs. Label each enclosure with engraved metal or laminated-plastic nameplate. ADJUSTING A. Adjust moving parts and operable components to function smoothly, and lubricate as recommended by manufacturer. END OF SECTION 262816 Page 87 of 191 Initialed by:____ RFP 196 SECTION 263110 PERFORMANCE SPECIFICATION FOR UTILITY-INTERACTIVE PHOTOVOLTAIC ELECTRIC GENERATING SYSTEM PART 1 - GENERAL 1. SUMMARY A. Section Includes: Fully operational, photovoltaic, grid-tie, electric generating system. B. Refer to Electric Drawings for proposed roof area layout for Photovoltaic panels. Any deviations from this layout shall be approved by the owner prior to installation. 2. DEFINITIONS A. Array: A mechanically-integrated assembly of modules and panels, together with support structure and foundation, tracking, thermal control, and other components, if used, to form a DC power-producing unit. B. Azimuth angle: For a surface such as a sloped roof, project a line that extends perpendicular from the roof onto a horizontal plane. The angular deviation of this projection from the local meridian (north-south line) constitutes the surface azimuth angle. Due south is zero azimuth, west of south is assigned as positive, and east of south is assigned as negative. C. Insolation: Sunlight, direct and/or diffuse (not to be confused with insulation). The integrated intensity of sunlight reaching a given area, usually expressed in watts per square meter per day. This measurement may be used to express the average amount of solar energy falling on different regions of the country. D. Magnetic declination: The difference between true north (the axis around which the earth rotates) and magnetic north (the direction the needle of a compass will point). E. Module: A number of solar cells connected together electrically and sealed inside a weatherproof package with a clear face. Sometimes called a "solar panel". F. Panel: A designation for a number of PV modules assembled in a single mechanical frame. G. Photovoltaic: Pertaining to the direct conversion of light into electricity. H. PTC (PVUSA Test Conditions): Test conditions applied to PV modules intended to represent 2 wattage during operation. Irradiance of 1000 W/m , 68 degrees F (20 degrees C) ambient temperature, 1 meter/second wind speed, and an air mass of 1.5. I. String: A number of modules or panels interconnected electrically in series to produce the operating voltage required by the load. J. STC (Standard Test Conditions): Test conditions applied to PV modules. Irradiance of 1000 W/m , cell temperature of 25 degrees C and an air mass of 1.5. K. Tilt Angle: The angle of inclination of a solar panel measured form the horizontal plane. 2 Page 88 of 191 Initialed by:____ RFP 196 L. 3. Utility-Interactive Inverter: An inverter that can function only when electrically connected to the utility grid, and uses the prevailing line-voltage frequency on the utility line as a control parameter to ensure that the photovoltaic array’s DC output is converted to AC power and fully synchronized with the utility power. SYSTEM DESCRIPTION A. Design Requirements: 1. Contractor is responsible for providing the PV system, including attachment to structural system and necessary modifications to meet specified requirements and maintain visual design concepts. 2. Provide details for attachment, fastening, penetrations, and electrical connections. 3. Provide concealed fastening wherever possible. 4. Provide weather-tight penetrations of building envelope for structural and electrical connections. 5. Attachment considerations shall take into account site peculiarities and expansion and contraction movements so there is no possibility of loosening, weakening, or fracturing connection between PV system and building envelope components. 6. Comply with roof system manufacturer’s warranty design criteria when penetrating roof system. B. Performance Requirements: 1. PV system shall be estimated to produce 87,000 kWh AC of energy per year. 2. AC kWh energy production shall take into consideration system losses, including but not limited to wire losses, fault protection losses, inverter efficiency, and system component degradation over life expectancy of system. 3. AC kWh energy production estimation shall utilize one of following web sites or software programs or equal: A. PV Watts: http://www.nrel.gov/rredc/pvwatts B. RETScreen International: www.retscreen.net/ang/d_o_view.php C. PV Design Pro: www.mauisolarsoftware.com D. PVSYST: www.pvsyst.com 4. Method and results of PV system performance estimate shall be shared with Owner and submitted as part of bid. 5. AC kWh energy production estimate shall report quantities of physical area required for PV modules and PV system size 50 kW AC Power Rating using the CEC method of calculation. 6. Standard photovoltaic modules shall produce no less than 80 percent of minimum rated power during first 20 years of service. 7. Bid Alternate #1: Provide two (2) additional strings of PV panels as indicated on the drawings. These additional strings shall connect to the inverter, however these additional strings shall NOT be included as a part of the NV Energy Solar Generations program application. C. Interface with building systems 1. PV system AC connection point [277/480V-wye, 3-phase, 4-wire]. D. Financial Incentives, Rebates, and Tax Credit Eligibility Requirements for PV systems: 1. Contractor shall Identify potential incentives, rebates, and tax incentives and provide this information at the time of notification of intent to award contract. 2. Provide PV System including design and installation that complies with eligibility requirements for PV system owner to receive incentives, rebates, and tax credits from sources such as federal, state, and electric utility services providers. 4. SUBMITTALS A. General: Submit in accordance with Section 013300. B. Product Data: Page 89 of 191 Initialed by:____ RFP 196 1. Submit product data for photovoltaic system components. A. Include information for factory finishes, hardware, glass treatment, sealants, grounding, accessories, and other required components. C. Shop Drawings: 1. Submit shop drawings covering fabrication, installation, and finish of specified systems. A. Fully dimensioned plans and elevations with detail coordination keys. B. Electrical and structural penetration details of weather-tight building envelope. C. Locations and types of exposed fasteners and joints. D. Wiring diagrams E. Rough-in requirements D. Samples: 1. Provide 1 sample of a Photovoltaic module for approval. Approved sample may be used in final installation. 2. Provide on-site mock up of Photovoltaic module installation for approval. Locate on-site mock-up within project construction site. On-site mock up shall use mounting method and hardware intended for actual photovoltaic module installation. E. Submit the following Informational Submittals: 1. Estimated Design Data: A. Provide assumptions used to obtain AC kWh energy production including but not limited to: environmental loss factors, local weather data, and electrical losses. B. Estimated monthly and yearly AC kWh energy production. 2. Test Reports: Written results obtained from manufacturer or independent third party certification of testing specified as part of System Requirements and Source and Field Quality Control articles. 3. Certifications specified in Quality Assurance article. 4. Qualification Data: A. Contractor’s and manufacturer’s qualifications verifying minimum 5 years of commercial experience. B. Include list of 5 completed projects having similar scope of Work identified by name, location, date, reference names, and phone numbers. 5. Manufacturer’s Instructions: A. Manufacturer’s printed installation instructions. B. Indicate by transmittal that copies of instructions and recommendations have been distributed to installer. 6. Contractor’s Field Reports: Written results and findings of Contractor’s field services specified as part of Field Quality Control. F. Closeout Submittals 1. Project Record Documents: A. Submit under provisions of Section 017800. B. Record actual locations of grounding systems and penetration of building envelope. 2. Operation and Maintenance Data: Submit manufacturer’s printed, recommended operation and maintenance data. 3. Warranty: Submit specified product warranty in accordance with Section 017800. 5. QUALITY ASSURANCE A. Single Source Responsibility: To ensure quality of appearance and performance, obtain equipment for systems from single photovoltaic system installer or from manufacturers approved by photovoltaic system installer. B. Manufacturer Qualifications: Company specializing in manufacturing Products specified in this Section with minimum 5 years documented experience. Page 90 of 191 Initialed by:____ RFP 196 C. Installer Qualifications: Certified in writing by equipment manufacturers as qualified for installation of specified systems. Must have NABCEP certification (North American Board of Certified Energy Practitioners), 5 years design and installation of commercial experience, and proper licensing. Provide contractor’s license number from Authority Having Jurisdiction where project is located. D. Regulatory Requirements: 1. Provide system meeting requirements of National Electric Code (NEC), edition adopted by local jurisdiction, containing information on photovoltaic systems such as grounding, conductor, over-current protection, disconnect, and labeling requirements. 2. Provide system meeting requirements of federal, state, and local building codes. 3. Provide system that meets or exceeds NV Energy interconnection requirements for self-generating equipment. 4. Installing contractor shall be pre-approved NV Energy photovoltaic system installer. E. Certifications: Submit system component manufacturer's certification that products furnished for Project meet or exceed specified requirements. 6. PRE-INSTALLATION CONFERENCE A. Conduct pre-installation conference in accordance with Section 013100. B. Review requirements of Contract Documents and submittals. C. Review anchor and weather-tight installation requirements. 7. DELIVERY, STORAGE, AND HANDLING A. Comply with requirements of Section 016000. B. Protect finished surfaces as necessary to prevent damage. C. Do not use adhesive papers or sprayed coatings that become firmly bonded when exposed to sun. D. Do not leave coating residue on any surfaces. E. Replace damaged units. 8. PROJECT CONDITIONS A. Environmental Requirements: 1. Do not install system during rain, snow, or windy conditions. 2. Work on a dry roof only. B. Existing Conditions: construction. 9. Ensure existing conditions are stable, solid, and ready to accept new WARRANTY A. Furnish Standard PV modules and panel components providing manufacturer’s limited warranty of 25 years minimum. B. Furnish DC to AC inverters covered by manufacturer’s warranty for minimum of 10 years. PART 2 - PRODUCTS 1. MANUFACTURERS Page 91 of 191 Initialed by:____ RFP 196 A. Basis of Design PV Module Manufacturer and Model: 1. Sharp USA – NU-U235F1 Solar modules: www.sharpusa.com. B. Basis of Design Inverter Manufacturer and Model: 1. SatCon - Powergate Plus 100 kW Commercial Solar PV Inverter: www.satcon.com. 2. REQUIRED EQUIPMENT A. PV modules 1. Shall be new, undamaged, fully warranted without defect. 2. Listed to UL 1703. 3. Minimum UL Class C fire rating. B. DC to AC Inverter: 1. Sized to provide maximum power point tracking for voltage and current range expected from photovoltaic array for temperatures and solar insolation conditions expected for Project conditions. 2. Capable of adjusting to "sun splash" from all possible combinations of cloud fringe effects without interruption of electrical production. 3. Listed to UL 1741. C. Mounting System: 1. Non-penetrating Roof Mounting System: A. Non-penetrating using weight (ballast) or adhesives or combination thereof to withstand wind and seismic loading. B. System does not typically require structural attachment to building structure. C. Ballasted system is intended for flat roof applications where roof slope is 2 in 12 maximum. D. Ballasted roof mount systems shall utilize framed PV modules or frameless PV module laminates. E. Ground metal framed PV modules in conformance with electrical codes. D. AC Disconnect Switch: 1. Coordinate with local electric utility service provider requirements. 2. Provide switch to disconnect ungrounded AC conductors. 3. Lockable, gang operated type, clearly indicating open and closed positions. 4. Easily visually inspected to determine that switch is in open or closed position and clearly labeled in compliance with NEC and local electric utility service provider requirements. E. Dedicated kWh Meter: Install in readily accessible location adjacent to the existing Main Service Shunt Trip switch, outdoor, location between DC to AC inverter and interconnection with electric utility service provider to meter power produced by photovoltaic system. Refer to local electric utility service provider requirements. 3. A. 4. A. 5. ACCESSORIES Provide Accessories for complete operating system, including: 1. Data Display.(including software and hardware). 2. Weather Station. 3. DC Disconnect. FABRICATION Shop Assembled: Pre-assemble PV equipment in controlled environment prior to on-site delivery. FINISHES Page 92 of 191 Initialed by:____ RFP 196 A. Finish PV array mounting structure to match PV module frames. PART 3 - EXECUTION 1. EXAMINATION A. Verify items provided by other Sections of work are properly sized and located. B. Examine supporting members to ensure surfaces are at proper elevation and are free from dirt or other deleterious matter. 2. INSTALLATION A. Locate PV array as shown on Drawings and approved shop drawings. B. Install photovoltaic system in accordance with NEC, manufacturer’s printed instructions, electric utility service provider requirements, and approved shop drawings. C. Install PV modules and DC to AC inverters with sufficient clearance to allow for proper ventilation and cooling. 1. Comply with manufacturer's clearance recommendations. D. Preferred installation requires operational PV modules in location and manner to ensure maximum unobstructed, direct sun exposure. E. Provide suitable means to secure attachments to mounting surfaces and structures. F. Anchors, fasteners and braces shall be structurally stressed not more than 50% of allowable stress when maximum loads are applied. G. Allow for expansion and contraction due to thermal changes and structural movement without detriment to appearance or performance. H. Installer shall verify that site, mounting surface substrate, supports and other site and work conditions are adequate and proper for installation. I. Optimum Orientation for Roof Installation: 1. Optimum azimuth orientation: Install PV modules and panels to face within [5] degrees east or west of true south, not magnetic south. 2. Optimum tilt angle orientation: Install PV modules and panels at a tilt angle of 5 degrees. 3. FIELD QUALITY CONTROL A. Site Tests: Comply with requirements of Section 014500. B. Manufacturer’s Field Services: Comply with requirements of Section 014000. 4. A. 5. ADJUSTING Test and adjust operating functions in accordance with manufacturer's instructions to ensure smooth operation. CLEANING Page 93 of 191 Initialed by:____ RFP 196 A. Clean surfaces in compliance with manufacturer's recommendations; remove excess mastic, mastic smears, foreign materials, and other unsightly marks. B. Clean metal surfaces exercising care to avoid damage. C. Clean energy generating surfaces of the PV module to ensure no obstructions block sunlight. 6. COMMISSIONING A. Provide system commissioning under provisions of Section 019100. B. Commissioning: 1. To be provided by Contractor/ Installer. 2. Prior to commissioning ensure PV system has passed and received final inspection certificate from authorities having jurisdiction and local utility. 3. Provide training to designated Owners representative. 4. Ensure the installation has been performed in accordance with NEC and other local codes. Following NEC articles refer to PV systems: A. Article 690, Solar Photovoltaic Systems B. Article 230: Service Equipment - Disconnecting Means C. Article 240: Overcurrent Protection D. Article 250: Grounding E. Article 300: Wiring Methods F. Article 310: Conductors for General Wiring G. Article 705: Interconnected Electric Power Production Sources 5. Refer to commissioning requirements contained within IEEE 1547.1 Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems. 6. Provide suitable tools and equipment for commissioning. 7. Utilize System Commissioning Check sheet / Log sheet. 8. Provide commissioning certificate to Owner. 7. A. PROTECTION Protect finished work in accordance with Section 017600. Page 94 of 191 Initialed by:____ RFP 196 SYSTEM COMMISSIONING CHECKSHEET / LOG SHEET Date & Time Weather (Sunny, Cloudy, Rain, etc.) Air Temperature (ºF or ºC) Module Backskin Temperature (ºF/ ºC) Irradiance at plane of array (W/m2) Source Circuit DC Open Circuit Voltage DC Short Circuit Current (350-600 Volts) § (0-8.0 Amps) £ Positive to Ground Resistance (M-Ohms) Negative to Ground Resistance (M-Ohms) String #1 String #2 String #3 String #4 String #5 String #6 String #7 String #8 String #9 String #10 String #11 String #12 String #13 String #14 String #15 String #16 String #17 String #18 Page 95 of 191 Initialed by:____ RFP 196 String #19 (Alternate #1) String #20 (Alternate #1) Notes: § Warning: Make certain the digital voltage meter you are using is rated for 600 volts DC minimum, calibrated with certification (traceable), and is in good working order. £ Note: most handheld digital multimeters have the capability to measure a maximum of 10 Amps DC of short circuit current. A quality multimeter will have a fuse in line in order to protect itself. However, do not electrically short a solar module or panel if you suspect its output to be greater than 10 Amps. DC current clamp meters are readily available in the market. END OF SECTION 263110 Page 96 of 191 Initialed by:____ RFP 196 Page 97 of 191 Initialed by:____ RFP 196 Page 98 of 191 Initialed by:____ RFP 196 Page 99 of 191 Initialed by:____ RFP 196 Page 100 of 191 Initialed by:____ RFP 196 Page 101 of 191 Initialed by:____ RFP 196 Page 102 of 191 Initialed by:____ RFP 196 Page 103 of 191 Initialed by:____ RFP 196 Page 104 of 191 Initialed by:____ RFP 196 Page 105 of 191 Initialed by:____ RFP 196 Page 106 of 191 Initialed by:____ RFP 196 Page 107 of 191 Initialed by:____ RFP 196 Page 108 of 191 Initialed by:____ RFP 196 Page 109 of 191 Initialed by:____ RFP 196 Page 110 of 191 Initialed by:____ RFP 196 Page 111 of 191 Initialed by:____ RFP 196 Page 112 of 191 Initialed by:____ RFP 196 Page 113 of 191 Initialed by:____ RFP 196 Page 114 of 191 Initialed by:____ RFP 196 Page 115 of 191 Initialed by:____ RFP 196 Page 116 of 191 Initialed by:____ RFP 196 Page 117 of 191 Initialed by:____ RFP 196 Page 118 of 191 Initialed by:____ RFP 196 Page 119 of 191 Initialed by:____ RFP 196 Page 120 of 191 Initialed by:____ RFP 196 Page 121 of 191 Initialed by:____ RFP 196 Page 122 of 191 Initialed by:____ RFP 196 Page 123 of 191 Initialed by:____ RFP 196 Page 124 of 191 Initialed by:____ RFP 196 Page 125 of 191 Initialed by:____ RFP 196 Page 126 of 191 Initialed by:____ RFP 196 Page 127 of 191 Initialed by:____ RFP 196 Page 128 of 191 Initialed by:____ RFP 196 Page 129 of 191 Initialed by:____ RFP 196 Page 130 of 191 Initialed by:____ RFP 196 Page 131 of 191 Initialed by:____ RFP 196 Page 132 of 191 Initialed by:____ RFP 196 Page 133 of 191 Initialed by:____ RFP 196 Page 134 of 191 Initialed by:____ RFP 196 Page 135 of 191 Initialed by:____ RFP 196 Page 136 of 191 Initialed by:____ RFP 196 Page 137 of 191 Initialed by:____ RFP 196 Page 138 of 191 Initialed by:____ RFP 196 Page 139 of 191 Initialed by:____ RFP 196 Page 140 of 191 Initialed by:____ RFP 196 Page 141 of 191 Initialed by:____ RFP 196 Page 142 of 191 Initialed by:____ RFP 196 Page 143 of 191 Initialed by:____ RFP 196 Page 144 of 191 Initialed by:____ RFP 196 Page 145 of 191 Initialed by:____ RFP 196 BID FORM Name of Contractor: _____________________________________________________ 1. Provide all material, labor, tools, supplies, equipment, supervision, training and transportation necessary to provide a “turn-key” project as described in the Scope of Work, Attachment A. (Title of project) $______________________________________. Bids will only be accepted on forms furnished by the College. 2. The start date of the project is scheduled for __________________. Contractor shall have ___ calendar days from start date to complete the project. 3. Accompanying this proposal is a Cashier's Check, Bid Bond, or Certified Check in the amount of 5% of the total bid price. The Cashier’s Check, Bid Bond, or Certified Check must be payable to the Board of Regents, Nevada System of Higher Education, which it is agreed will be retained as liquidated damages by the said Board of Regents if the Undersigned fails to execute the Contract and furnish the required Surety Bond in conformity with the contract documents within ten (10) calendar days after notification of the award of the Contract to the Undersigned. 4. Purchasing Department reserves the right to reject any and all bids in whole or in part, and to waive minor irregularities and omissions, whereby the best interests of the Nevada System of Higher Education would be served. 5. It is agreed that this bid may not be withdrawn within a period of sixty (60) calendar days from the opening thereof and then only in case the award of the contract has not been made. 6. The Undersigned has checked carefully all of the above figures and understands that the Owner will not be responsible for any errors or omissions on the part of the Undersigned in making up this bid. 7. The Undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named and that the Undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain from bidding and that the Undersigned has not in any manner sought by collusion to secure for him/herself an advantage over any other bidder. 8. Each bid response should include your license Status/History from the State Contractors' Board and a list of past audits by the Office of the Labor Commissioner, both for the last 60-month period. Unless stated otherwise within this solicitation, a review of complaint histories may be considered when determining the lowest responsive and responsible bidder. As part of the evaluation process, bidders may be required to provide a written explanation of each complaint including the nature of the complaint and its status. 9. The Undersigned bidder proposes, agrees and sets forth the name and address of each subcontractor who will perform work or labor or both or render service to the bidder in an amount in excess of five percent (5%) of the bidder's total bids on the Bid Form. 10. The undersigned bidder proposes, agrees and sets forth the name and address of each subcontractor who will perform work or labor or both or render service to the bidder in an amount in excess of one percent (1%) of the bidder's total bids on the Bid Form pursuant to NRS 338.141. 11. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of five percent (5%) of the bidder's total bid, he/she agrees to perform that portion him/herself and he shall not be permitted to subcontract that portion of work. Page 146 of 191 Initialed by:____ RFP 196 12. It is understood that if the bidder fails to list his/her subcontractors, his/her bid will not be accepted by the College of Southern Nevada. If the bidder is awarded the Contract, he/she shall not, without the written consent of the College of Southern Nevada, substitute any other as subcontractor in place of the subcontractor designated on this bid form. Should he/she violate any provisions of this Item No. 11, his/her doing so will be deemed a violation of his/her contract and the College of Southern Nevada shall have the right to cancel the contract. This firm is licensed by the State of Nevada, State Contractor's Board with: License No. _______________________________. Classification No.__________________________________ Federal Tax Identification No. _______________________________ MINORITY BUSINESS TYPE: Minority business type for Contractor and all subcontractors will be shown after their name on the lists below. Minority Business Enterprise 1 Physically Challenged Business Enterprise 2 Small Business Enterprise 3 Women Owned Business 4 Veteran/Disabled Veteran Business Enterprise 5 Not Applicable 6 LIST OF SUBCONTRACTORS (5% AND ABOVE) Subcontractors Name and Address State of Nevada License Subcontractor’s Classification Contractor’s Work to be Done Minority Business Type Page 147 of 191 Initialed by:____ RFP 196 LIST OF SUBCONTRACTORS (1%) Contractor must submit a list of the name of each subcontractor who will provide labor or a portion of the work or improvement to the contractor for which he will be paid an amount exceeding 1 percent of the prime contractor’s total bid or $50,000, whichever is greater (NRS 338.141). Subcontractors Name and Address State of Nevada License Subcontractor’s Classification Contractor’s Work to be Done Minority Business Type Page 148 of 191 Initialed by:____ RFP 196 CONSTRUCTION BID RESPONSE FORM ACKNOWLEDGMENT OF ADDENDA: The undersigned acknowledges receipt of the following addenda: Addenda No.______ Dated__________ Addenda No.______ Dated__________ Addenda No.______ Dated__________ Addenda No.______ Dated__________ The undersigned, as an authorized representative for the Company named below, acknowledges that he/she has examined this Request for Proposal including any related documents, and hereby offers to furnish all labor, materials, tools, supplies, equipment and services necessary to comply with the specifications, terms and conditions set forth herein and at the prices stated. COMPANY NAME: ___________________________________________________________________ SIGNATURE: _________________________________ DATE: ________________________________ PRINTED NAME AND TITLE: ___________________________________________________________ ADDRESS: __________________________________________________________________________ CITY/STATE/ZIP: ____________________________________________________________________ PHONE NO.:______________________________ FAX NO.: _______________________________ E-MAIL ADDRESS: _______________________ FEDERAL TAX ID NO: _________________________ Please indicate appropriate minority classification number here ______________________________. DEBARMENT/SUSPENSION STATUS 1. The vendor/contractor certifies that it is not suspended, debarred or ineligible from entering into contracts with the Executive Branch of the Federal Government, or in receipt of a notice of proposed debarment from any State agency or local public body. 2. The vendor/contractor agrees to provide immediate notice to CSN's Purchasing department in the event of being suspended, debarred or declared ineligible by any State or Federal department or agency, or upon receipt of a notice of proposed debarment that is received after the submission of this bid but prior to the award of the purchase order/contract. (AFFIX SEAL - if proposal is by a corporation) Page 149 of 191 Initialed by:____ RFP 196 SAMPLE CONTRACT THIS CONTRACT, is made and entered into on this day of , 2011 by and between the Board of Regents of the Nevada System of Higher Education (NSHE) on behalf of the College of Southern Nevada, Facilities Department (hereinafter called “Owner”) and ______________________ (hereinafter called "Contractor"), to provide services as identified in Owner’s RFP 196. WITNESSETH: WHEREAS, Contractor submitted a response to Owner’s Invitation for RFP 196, and WHEREAS, Owner has accepted the Contractor’s response as the one best serving the interest of the College of Southern Nevada, and WHEREAS, Contractor is capable of providing services NOW THEREFORE, The Owner and the Contractor agree as follows: ARTICLE I CONTRACT DOCUMENTS The Bonds, the General and Special Conditions, the Drawings and/or Plans, Specifications, Bulletins or Addenda, including all modifications thereof, Bid Documents, and any Change Orders, together with this Agreement, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein referred to or repeated. ENUMERATION: A. RFP 196 and addenda issued. B. Contractor’s response to Invitation for RFP 196 In the event of conflict among any of the preceding documents, such documents shall govern in the following order of precedence: (1) this Contract, (2) NSHE’s Invitation for RFP 196 (3) (CONTRACTOR NAME) Bid response. ARTICLE II SCOPE OF WORK Contractor agrees, for the consideration hereinafter mentioned, to provide all material, labor, tools, supplies, equipment, supervision and transportation necessary for the __________________________________ and to perform and complete, according to this Contract, in a good workmanlike and substantial manner, within the period of ____ days from the date of Notice to Proceed in conformity with the specifications and with any addendum thereto, which are signed by the parties hereto and which shall be kept and remain on file in the Purchasing Department, College of Southern Nevada, Clark County, State of Nevada, and a copy of said plans and/or drawings, and specifications, together with addendum are hereto annexed and made part hereof. ARTICLE III EXAMINATION OF THE JOB SITE The Contractor agrees that he/she had an opportunity to examine the job site to familiarize him/herself with all conditions which may affect his/her work. Failure to do so shall neither lessen his/her responsibility nor entitle him/her to additional compensation for work not included in his/her proposal. Page 150 of 191 Initialed by:____ RFP 196 ARTICLE IV COMPENSATION The Owner agrees, in consideration of the performance of said work by the Contractor as in this agreement provided, to pay the sum of __________________ in legal currency of the United States of America, in installments at the time and in the manner set forth in the General Conditions. Contractor shall be required and agrees to pay prevailing wages for all projects at $100,000.00 or higher. ARTICLE V BONDS The Contractor agrees that he/she will, before this Contract becomes effective, furnish the Owner a Performance Bond in the sum of the total contract price for all projects $50,000.00 or higher, in form acceptable to the Owner, for the faithful performance of the Contract, and a Payment Bond in the sum of the total contract price for all projects $50,000.00 or higher, in form acceptable to the Owner, for the assured payment of all labor and materials used in said construction, said Bond to be approved as to form by the Attorney General for the State of Nevada for the Owner, and the Surety selected by the Contractor shall likewise be approved by the Owner. ARTICLE VI COORDINATION It is further agreed by and between the Owner and the Contractor that the specifications, conditions and plans and/or drawings are intended to be cooperated, so that any work exhibited in the plans and/or drawings and conditions, and not mentioned in the specifications, or vice versa, are to be executed the same as if it were mentioned in the specifications and set forth in the plans and/or drawings to the true meaning and intention of the said plans and/or drawings, conditions, and specifications without extra charge whatsoever, and said specifications, plans and/or drawings, and conditions are hereby made a part thereof. ARTICLE VII CHANGES Should the Owner, at any time during the process of the work, request any alterations or deviations in, or additions to, or omissions from this Contract, or to the plans, and/or drawings, or specifications, said Owner shall be at liberty to do so, and the same shall in no way effect or make void this Contract. This Contract shall be held to be completed when the work is finished in accordance with the original plans, and/or drawings, as amended by such changes whatever may be the nature or extent thereof. ARTICLE VIII INDEPENDENT CONTRACTOR/INDEMNITY The Contractor shall be subject to and operate under all applicable Federal, State, City and Municipal Enactments, Codes, and Ordinances, and those of the State of Nevada regarding Worker's Compensation and Employee's Liability Insurance, and expressly covenants and agrees that the Contractor's employees engaged on the work hereunder are not, and shall not be treated or considered as the servants and employees of the Owner, it being the intention of the parties hereto that the Contractor shall be and remain an independent Contractor, and that nothing herein contained shall be construed inconsistent with that status. The Contractor hereby covenants and agrees to save and hold harmless the Owner from and against any and all damages, claims, costs or expenses whatsoever, due to the existence of such enactments, codes, ordinances, and of any and all claims, costs, and expenses in connection therewith under any claim or subrogation provided by said enactments, codes, ordinances or otherwise. Contractor agrees to indemnify and save and hold harmless the Board of Regents of the Nevada System of Higher Education, the Nevada System of Higher Education, the College of Southern Nevada, their agents, officers, and employees harmless from any and all claims, causes of action, or liability arising from the performance of this agreement by Contractor or Contractor’s agents, officers or employees. Page 151 of 191 Initialed by:____ RFP 196 ARTICLE IX PROVISIONAL OCCUPANCY Provisional occupancy and/or use of the contracted work by the Owner does not constitute acceptance of the contracted work by the Owner. ARTICLE X PROGRESS PAYMENTS AND FINAL ACCEPTANCE It is agreed by the Contractor and the Owner that the payment and acceptance of any progress payments under this Agreement shall not constitute a final acceptance of the work, or construction then completed, but that final acceptance shall be made by the Owner only upon completion of the entire Contract and final approval by the Senior Vice President for Finance and Business. ARTICLE XI LIQUIDATED DAMAGES If the Contractor refuses or fails to complete the work within the time specified, excluding owner-initiated extension, and acts of god, there shall be deducted from monies due the Contractor, not as a penalty, but as Liquidated Damages, in the sum of $ 25,000.00 per calendar day if the project has not been completed and fully functional on or before April 1, 2011, with any and all final inspections from all inspection agencies and NV Energy secured by the Contractor. ARTICLE XII TERMINATION FOR CONVENIENCE OF THE COLLEGE The College of Southern Nevada Purchasing Department, by written notice, may cancel any item(s) ordered in whole or in part when it is in the best interest of the College of Southern Nevada. ARTICLE XIII GOVERNING LAW The parties agree that the laws of the State of Nevada shall govern the validity, construction, interpretation, and effect of this contract. Any and all disputes arising out of or in connection with the contract shall be litigated only in the 8th Judicial District Court in and for the County of Clark, State of Nevada, and Contractor hereby expressly consents to the jurisdiction of said court. ARTICLE XIV NOTICES Any notice of communication required or permitted to be given under the Contract shall be in writing and shall be deemed given upon the mailing thereof, postage prepaid, by certified or registered mail, return receipt requested, addressed to the other party at the address set forth below, or at such other address as either party shall designate to the other in writing hereafter: Notices shall be sent as follows: Interim Director of Purchasing Purchasing Department, J1C College of Southern Nevada 3200 E Cheyenne Avenue North Las Vegas, NV 89030 (VENDOR) (ADDRESS) (CITY, STATE, ZIP) Page 152 of 191 Initialed by:____ RFP 196 ARTICLE XV DEBARMENT/SUSPENSION STATUS By signing this Contract, Contractor certifies that it is not suspended, debarred or ineligible from entering into contracts with Executive Branch of the Federal Government, or in receipt of a notice of proposed debarment from any State agency or local public body. Contractor agrees to provide immediate notice to CSN’s Purchasing department in the event of being suspended, debarred or declared ineligible by any State or Federal department or agency, or upon receipt of a notice of proposed debarment during the term of this Contract. ARTICLE XVI MISCELLANEOUS Contractor must provide Owner with insurance certificates as specified in Bid documents. The Contractor must have a valid State of Nevada contractor’s license to perform specified work. ARTICLE XVII SIGNATURES IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. (CONTRACTOR NAME): Nevada System of Higher Education on behalf of the College of Southern Nevada APPROVED: RECOMMENDED: Name Date Title Sherri Payne Associate Vice President, Facilities Management Date: RECOMMENDED: Patricia Charlton Sr. V.P. Finance & Facilities Date: APPROVED: Dr. Michael Richards President Date: ROUTING: This contract shall be processed in the order of execution listed above. Page 153 of 191 Initialed by:____ RFP 196 100% PAYMENT BOND (LABOR AND MATERIAL) KNOW ALL MEN BY THESE PRESENCE, THAT ____________________________________________________________as Contractor, and _________________________________________________________________ as Surety, are held and firmly bound unto the State of Nevada acting through its Board of Regents of the Nevada System of Higher Education on behalf of the College of Southern Nevada, hereinafter called "College", in the sum of ____________________________________________________ dollars, ($________________), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presence. WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said College to perform all work required under the Bidding Schedule(s) of the University's specifications entitled NOW THEREFORE, if said Contractor or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law. PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. SIGNED AND SEALED, this day of, 2010 . _______________________________ (SEAL) _____________________________(SEAL) (Contractor) (Surety) By:_________________________________ (Signature) By:_______________________________ (Signature) Surety Name:________________________ Contact Name:_______________________ Address:____________________________ ___________________________________ Phone Number:_______________________ Fax Number:_________________________ (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Page 154 of 191 Initialed by:____ RFP 196 100% PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENCE, THAT ________________________________________________________as Contractor, and _______________________________________________________________as Surety, are held and firmly bound unto the State of Nevada acting through its Board of Regents of the Nevada System of Higher Education on behalf of the College of Southern Nevada, hereinafter called “College” in the sum of ___________________________________________ dollars, ($__________________ ), for payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presence. WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said University to perform all work required under the Bidding Schedule(s) of the College’s specifications entitled NOW THEREFORE, if said contractor shall perform all the requirements of said contract required to be performed on his/her part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release said contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. SIGNED AND SEALED, this SIGNED AND SEALED, this day of , 2010. day of, 2010. _______________________________ (SEAL) _____________________________(SEAL) (Contractor) (Surety) By:_________________________________ (Signature) By:_______________________________ (Signature) Surety Name:________________________ Contact Name:_______________________ Address:____________________________ ___________________________________ Phone Number:_______________________ Fax Number:_________________________ (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Page 155 of 191 Initialed by:____ RFP 196 NEVADA SYSTEM OF HIGHER EDUCATION COLLEGE OF SOUTHERN NEVADA CHANGE ORDER CHANGE ORDER NUMBER ____________ DATE: __________________________ CONTRACTOR: ____________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ P.O. NO: ____________________ BID NO. _____________ F.M. Proj. # _______________ PROJECT:_________________________________________________________________ You are hereby authorized to make the following changes, subject to the provisions of the above contract, and final approval of the College of Southern Nevada. ITEM #1: REASON:____________________________________________________________________ ____________________________________________________________________________ REQUESTED BY:______________________________________________________________ Item #1 is an (add, deduct, or zero) $_____________________ Calendar days (add, deduct, or zero): ____________________ days ITEM #2: REASONS:___________________________________________________________________ REQUESTED BY:______________________________________________________________ Item #2 is an (add, deduct, or zero) $____________________ Calendar days (add, deduct, or zero) ____________________ days Total amount of this Change Order No._______ (plus, minus, or zero) change in cost $_____________________ Original Contract Amount $_____________________ Total Cost of Prior Change Orders. $_____________________ Total Contract Cost to Date $_____________________ Original Contract Completion time. _________ days Page 156 of 191 Initialed by:____ RFP 196 Calendar Days (plus, minus or zero) required by this Change Order _________ days Total Calendar Days on Prior Change Order No's_______________________ _________ days Total Calendar days to Date: _________ total days IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. (1) Date Signed: ______________________ (2) Date Recommended: _______________________ ____________________________________ Contractor ___________________________________________ Architect/Engineer By: _________________________________ By: ________________________________________ (3) Date Recommended: ________________ (4) Date Recommended: _______________________ By: _________________________________ Sherri Payne Interim Assoc VP College of Southern Nevada By: ________________________________________ Patricia Charlton Senior V.P., Finance & Facilities College of Southern Nevada (5) Date Recommended: __________________ By: ___________________________________ Dr. Michael Richards, President College of Southern Nevada The Board of Regents of the Nevada System of Higher Education on behalf of the College of Southern Nevada Page 157 of 191 Initialed by:____ RFP 196 GENERAL CONDITIONS OF THE CONTRACT NEVADA SYSTEM OF HIGHER EDUCATION COLLEGE OF SOUTHERN NEVADA INDEX/TABLE OF CONTENTS SECTION 1: DEFINITIONS, RULES & REGULATIONS PAGE NO. 1.1 The Project 161 1.2 The Work 161 1.3 The Owner 161 1.4 The Architect 161 1.5 The Contractor 161 1.6 Subcontractor 161 1.7 Sub-subcontractor 161 1.8 The Contract 161 1.9 Shop Drawings 162 1.10 Written Notice 162 1.11 Rules and Regulations 162 SECTION 2: THE CONTRACT DOCUMENTS 2.1 Intent and Interpretation 162-163 2.2 Existing Conditions 163 2.3 Requests for Information 163 2.4 Submittals/Shop Drawings 163-164 2.5 Substitutions 164 2.6 As-Built Drawings 164-165 2.7 Changes in the Work 165-166 2.8 Construction Change Directives 166 2.9 Contractor's Use of Contract Documents 166 Page 158 of 191 Initialed by:____ RFP 196 SECTION 3: THE CONTRACT 3.1 General 166-167 3.2 Contract Time 167 3.3 Contract Time Extensions 167-168 3.4 Substantial Completion 168 3.5 Notice of Completion 168 3.6 Guarantees 169 3.7 Liquidated Damages 169-170 3.8 Claims for Damages 170 3.9 Arbitration 170 3.10 Termination by the Contractor 170 3.11 Termination by the Owner 170-171 3.12 Separate Contracts 171 3.13 Assignment 171 3.14 Severability 171 3.15 Indemnification 172 SECTION 4: THE OWNER 4.1 Owner's Responsibilities 172-173 4.2 Owner's Authority 173 4.3 Inspection by The Owner 173-174 SECTION 5: THE CONTRACTOR 5.1 General 174 5.2 Contractor's Responsibilities 174-175 5.3 Superintendent 175 5.4 Labor and Materials 175-176 5.5 Temporary Utilities 176 5.6 Emergencies 176 5.7 Construction Schedule 176 5.8 Coordination Meetings 177 Page 159 of 191 Initialed by:____ RFP 196 5.9 Progress Photographs 177 5.10 Taxes, Permits, Fees and Notices 177 5.11 Project Sign 177 5.12 Access Roads 177 5.13 Owner's Field Office 177 5.14 Toilet Facilities 178 5.15 Patents and Royalties 178 5.16 Construction Surveys 178 5.17 Subsurface Conditions 178 5.18 Archaeological Findings 178 5.19 Materials Testing 178 5.20 Operating and Maintenance Manuals 179 5.21 Correction of Work 179 5.22 Subcontractors 180 5.23 Minimum Job Safety Requirements 180-182 5.24 Cleanup Procedures 182 5.25 Noise and Dust Control 182 SECTION 6: THE ARCHITECT 6.1 Architect's Responsibilities 183 SECTION 7: PAYMENT 7.1 Schedule of Values 183 7.2 Progress Payments 184-185 7.3 Final Payment 185 SECTION 8: INSURANCE AND BONDING 8.1 Insurance 185 8.2 Worker's Compensation 185 8.3 Bid Guarantee 185 8.4 Performance Bond and Payment Bond 186 Page 160 of 191 Initialed by:____ RFP 196 SECTION 1: DEFINITIONS, RULES & REGULATIONS 1.1 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part. The Project is identified by name, location, and project number in the Owner-Contractor Agreement. 1.2 The Work. The term Work includes all labor, materials, services, equipment, tools, transportation, power, water, permanent and temporary utilities, connections, provisions for safety and all incidental and other things necessary to produce the finished construction as described by the Contract Documents. 1.3 The Owner. The Owner is the person or organization identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his/her authorized representatives. 1.4 The Architect. The Architect is the person or organization responsible for the design of the Project and the preparation of the Drawings and Specifications on behalf of the Owner, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. Throughout the Contract Documents, the term "Engineer" shall be substituted for "Architect" when the Work or the Project is designed by an Engineer who is so identified in the Owner-Contractor Agreement. 1.5 The Contractor. The Contractor is the person or organization identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his/her authorized representatives. 1.6 Subcontractor. A Subcontractor is a person or organization who has a direct contract with the Contractor to perform any of the Work. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his/her authorized representatives. 1.7 Sub-subcontractor. A Sub-subcontractor is a person or an organization who has a direct or indirect contract with a Subcontractor to perform any of the Work at the site. The term Sub-subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-subcontractor or his/her authorized representatives. 1.8 The Contract. All of the Contract Documents form the Contract. The Contract Documents consist of all of the following, when applicable: A. Owner-Contractor Agreement B. Performance and Completion Bond C. Labor and Material Bond D. Wage Scales E. General Conditions of the Contract F. Supplemental General Conditions of the Contract G. Technical Specifications H. Drawings I. Addenda J. Change Orders K. Guarantees & Warranties L. Other documents referenced in the Owner-Contractor Agreement. Page 161 of 191 Initialed by:____ RFP 196 1.9 Shop Drawings. 1.9.1 Shop Drawings are drawings, diagrams, illustrations, performance charts, brochures, samples, and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, which illustrates some portion of the Work. 1.9.2 Samples are physical examples furnished by the Contractor to illustrate materials, equipment, finishes, or workmanship, and to establish standards by which the Work will be judged. 1.10 Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the organization for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him/her who gives the notice. 1.11 Rules and Regulations. 1.11.1 No elected or appointed official or employee of the Nevada System of Higher Education, State of Nevada, or retained consultants shall have any personal financial interest, direct or indirect, in this Contract nor in any other contract pertaining thereto. SECTION 2: THE CONTRACT DOCUMENTS 2.1 Intent and Interpretation 2.1.1 The Contract Documents are complimentary, and what is required by any one shall be as binding as if required by all. In the event that the terms, provisions, conditions, specifications, or requirements contained in one contract document should conflict with those contained in another contract document, then such conflict shall be resolved in accordance with the following order of precedence: A. Change Orders B. Addenda C. Owner-Contractor Agreement D. Technical Specifications E. Drawings F. Supplemental General Conditions of the Contract G. General Conditions of the Contract H. Performance & Completion Bond and Labor & Material Bond 2.1.2 Specifications shall take precedence over notes on drawings. precedence over smaller scale drawings. Large scale drawings shall take 2.1.3 The Contract Documents are intended to include and require all items which are necessary for the proper execution and completion of the Work. 2.1.4 Interpretations of the Drawings and Specifications and their intent, which are necessary to the proper execution, and completion of the Work will be made by the Architect. Words which have well known technical or trade meanings are to be interpreted in accordance with such recognized meanings. 2.1.5 The organization of the Specifications into divisions, sections, or articles, and the arrangement of the 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. Page 162 of 191 Initialed by:____ RFP 196 2.1.6 In the event of an inconsistency between Drawings and Specifications or within either document, the better quality or greater quantity of work shall be provided, at no additional cost to the Owner. 2.2 Existing Conditions 2.2.1 It is the Contractor's responsibility to ascertain the existence of any conditions affecting the cost of work which could have been disclosed by reasonable examination of the site. While it is believed that much of the information pertaining to conditions which may affect the cost of the proposed Work will be shown on the Drawings, or be indicated in the Specifications, the Owner does not warrant the completeness or accuracy of such information. 2.2.2 Existing improvements visible at the job site, for which no specific disposition is made on the Drawings, but which could reasonably be assumed to interfere with the satisfactory completion of the improvements contemplated by the Drawings, shall be removed and disposed of by the Contractor after written notification is given to the Owner. 2.3 Requests for Information 2.3.1 The Contractor shall, upon discovering any discrepancy, error or omission in the Drawings or Specifications, immediately submit a Request for Information to the Architect. The Architect, upon receipt of any such notice, shall promptly investigate the circumstances and give appropriate instructions to the Contractor, but will take such action only after consultation with the Owner. Until such written instructions are given, any work done by the Contractor either directly or indirectly after his/her discovery of such error, discrepancy or conflict, will be at his/her own risk, and he shall bear all costs arising therefrom. The Contractor shall not take advantage of any such discrepancy, error or omission, but shall comply with any instructions regarding the same issued by the Architect. The Contractor shall maintain a sequential log of all Requests for Information. 2.3.2 No work shall be performed by the Contractor without adequate drawings or specifications, or that is in conflict or contrary to the Contract Documents. The Contractor shall report immediately to the Owner and the Architect any error, inconsistency, omission or conflict he may discover in the Contract Documents. He shall not be liable to the Owner for any such error, inconsistency, omission, or conflict he may discover. If the Contractor performs any work contrary to the Contract Documents, he shall be solely responsible and shall bear all costs attributable thereto. 2.4 Submittals/Shop Drawings 2.4.1 The Contractor shall review, stamp with his/her approval, and submit to the Architect with reasonable promptness and in an orderly sequence so as to cause no delay in the Work, or in the work of any other contractor, all Shop Drawings and Samples required by the Contract Documents or subsequently by the Architect. 2.4.2 Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission, the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings and Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each Shop Drawing and Sample with the requirements of the Contract Documents. 2.4.3 The Architect will review Shop Drawings within 14 days, for conformance with the Contract Documents. The review of a separate item shall not indicate approval of an assembly in which the item functions. Page 163 of 191 Initialed by:____ RFP 196 2.4.4 The review of Shop Drawings and Samples by the Architect shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents, nor shall review by the Architect relieve the Contractor from responsibility for errors or omissions in the Shop Drawings and Samples. 2.4.5 The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until no further exceptions are noted. The Contractor shall direct specific attention in writing on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submittals. The number of Shop Drawings submitted and approved shall include three (3) sets for use by the Owner. 2.4.6 No work requiring a Shop Drawing or Sample submission shall be commenced until the submission has been reviewed and stamped by the Architect. 2.4.7 The Contractor will certify that any materials used during construction will be asbestos free. The CSN Certification of Non-Asbestos Materials shall accompany each material submittal. This certification is not required for steel, aluminum, brass, masonry, concrete and glass unless those materials have been treated with any coatings or finishes. Any material brought to the job site that has not been certified must be removed until certified. If any material that is brought to the job is not asbestos free, then the asbestos containing material will be removed at the sole expense of the Contractor. If there is a dispute whether materials brought to and used on the job are asbestos free, then an agreed independent third party will evaluate the materials at the expense of the Contractor to analyze the materials 2.5 Substitutions 2.5.1 Bids shall be based on the exact materials specified. The specified products have been used in the design of the Project and in the preparation of the Drawings and Specifications, and as such establish minimum standards of function, dimension, appearance, and quality necessary for the Project. Equivalent products of other manufacturers may be acceptable, if, in the judgment of the Architect, they meet the standards of the Specifications. The burden of proof of equality rests with the Contractor. The Contractor shall submit in writing any requests for substitutions. Shop Drawings that are submitted to the Architect do not constitute a request for substitution. Materials not specified or accepted as equivalent shall not be acceptable for installation. 2.5.2 Final approval of all materials shall be contingent on Shop Drawing acceptance, compliance with the Specifications and performance criteria, and acceptable installation. General approval to utilize a product does not relieve the supplier or Contractor of meeting Specification requirements. 2.5.3 CSN will allow substitutions only in one of the following conditions: 1) The substituted product is equal to the specified product, but less expensive and the Owner will receive a credit for the difference in price. 2) The substituted product is superior to the specified product, and is the same price as the specified product. 3) The specified product has been discontinued; and 4: The specified product will not be available during the progress of the work, through no fault of the Contractor. 2.6 As-Built Drawings 2.6.1 The Contractor shall provide and maintain at the Project site, one copy of all Contract Documents, in good order and marked to show clearly all changes and "as-built" conditions. The Contractor and his/her Subcontractors shall indicate daily on these documents all "as-built" conditions and revisions due to substitutions, field changes and Change Orders. The location of all concealed piping, conduit, fixtures, pull boxes, etc., shall be dimensioned on these documents. Upon completion or termination of the Work, this set of documents shall be given to the Architect for Page 164 of 191 Initialed by:____ RFP 196 utilization in preparation of Record Drawings. 2.6.2 Progress payments may withheld by the Owner in the event that as-built drawings are not current at the time of the Request for Payment. 2.7 Changes in the Work 2.7.1 A Change Order is an amendment to the Owner-Contractor Agreement and is a written order to the Contractor signed by the Owner, the Architect, and the Contractor, which is issued after the execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. 2.7.2 The Owner and the Architect shall have authority to order minor changes in the Work which do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such minor changes shall be consistent with the intent of the Contract Documents. Such changes shall be implemented only through written order and shall be binding on the Owner and the Contractor. 2.7.3 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions, or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order. 2.7.4 The cost or credit to the Owner resulting from a change in the Work shall include a complete description of all work and to be determined in one or more of the following ways: A. By unit prices stated in the Contract Documents or subsequently agreed upon. B. By mutual acceptance of a lump sum proposal, properly itemized, to include the following: 1. Labor, including fringe benefits, payroll taxes, and workman's compensation insurance. 2. Materials entering permanently into the Work. 3. Equipment costs for equipment utilized to perform the Change Order work. C. By the actual cost of: 1. Labor, including fringe benefits, payroll taxes and workman’s compensation insurance. 2. Materials entering permanently into the Work. 3. Equipment costs for equipment utilized to perform the Change Order work. 2.7.5 The costs under Paragraphs 2.7.4 (B) and 2.7.4 (C) may be adjusted to include a fixed fee for Subcontractor profit and overhead, General Contractor profit and overhead on Subcontractor work, and profit and overhead on work done by the General Contractor's own forces. This fee shall not exceed the amount determined from the Change Order Mark-Up Schedule below for a single Change Order item, or for any group of related items, and shall be full compensation for the cost of supervision (to include Project Manager, Project Coordinator, Superintendent, Secretary, etc.), overhead, profit, insurance & bonding, and all other expenses associated with completing the change in the scope of work. Page 165 of 191 Initialed by:____ RFP 196 CHANGE ORDER MARK-UP SCHEDULE Maximum Allowable Fixed Fee 10% 7% Change Order Amount $ - 0 -to $10,000 Over $10,000 2.7.6 Each deductive Change Order proposal shall include a 5% minimum mark-up for Contractor profit and overhead. 2.7.7 All proposals shall be submitted to the Architect in sufficient detail to allow a complete analysis of all costs. The Contractor shall, upon request by the Owner or the Architect, submit invoices for materials and equipment utilized in Change Order work. Labor rates, including fringe benefits, shall not exceed the applicable Prevailing Wage Rates as published by the Nevada State Labor Commission. 2.8 Construction Change Directives 2.8.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and the Architect, which shall serve as formal and binding direction for the Contractor to proceed with a defined change in the work. The directive may be implemented when necessary as an interim action until a Change Order can be formally executed. 2.9 Contractor's Use of Contract Documents. 2.9.1 Copies of the Contract Documents, which are reasonably necessary for the proper execution, progress and satisfactory completion of the Work shall be provided to the Contractor by the Owner. Copies so furnished are not to be used by the Contractor on any other project, and with the exception of one set for the Contractor's records, are to be returned to the Owner upon request at the completion or termination of the Work. SECTION 3: THE CONTRACT 3.1 General 3.1.1 The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents. 3.1.2 The Contract shall not be binding on either the Owner or the Contractor until the Owner-Contractor Agreement, the Performance & Completion Bond and the Payment Bond have all been properly executed, and have been approved and the Owner-Contractor Agreement has been signed by the Owners authorized representatives. 3.1.3 Execution of the Owner-Contractor Agreement by each party shall constitute the representation by each party under penalty of perjury that he has examined the contents of all Contract Documents, that he has read and understands the same, and specifically agrees to be bound thereby. Additionally, execution of the Owner-Contractor Agreement by the Contractor shall represent that he has inspected the site, familiarized him/herself with all local conditions, laws, and regulations under which the Work is to be performed and has correlated this knowledge with the requirements of the Contract Documents. Execution of the Owner-Contractor Agreement by the Owner and the Contractor shall constitute their approval of the Contract. 3.1.4 The Contract Documents shall not be construed to create a contractual relationship of any kind between the Architect and Contractor; between the Owner and a Subcontractor; or, between any persons or entities other than the Owner and Contractor. The Architect shall, however, have authority to act on behalf of the Owner, to the extent provided in the Contract Documents. Page 166 of 191 Initialed by:____ RFP 196 3.1.5 Federal laws, laws of the State of Nevada and the applicable rules and regulations of its departments, agencies and institutions and applicable codes shall govern the Project and the Work. Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted therein, and the Contract shall be read and enforced as though it were included therein, and if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be physically amended to make such insertion or correction. 3.1.6 The Contract Sum is the sum stated in the Owner-Contractor Agreement and is the total dollar amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. The Contract Sum can be changed only by Change Order. 3.2 Contract Time 3.2.1 The Contract Time is the period of time in calendar days allotted in the Contract Documents for the completion of the Work. The Contract Time can be changed only by Change Order. 3.2.2 A Calendar Day is any day of the year including weekends and holidays. 3.2.3 Unless otherwise agreed upon, normal working days are considered to be Monday through Friday, excluding State holidays. If the Contractor desires to work on any weekend day or recognized State holiday, he shall obtain the Owner's written approval at least 5 days in advance of the scheduled work day. 3.2.4 The date of commencement of the Work is the date established in the Notice to Proceed issued by the Owner. 3.2.5 The Contractor shall begin the Work within ten (10) calendar days after receipt of the Notice to Proceed. He shall carry the Work forward expeditiously with adequate forces and shall complete the Work within the Contract Time. 3.2.6 It is agreed by the Contractor and the Owner that the time established in the Contract Documents is an acceptable time for completion of the Work considering the average climatic range and the usual industrial and labor conditions prevailing in the locality of the Work. 3.3 Contract Time Extensions 3.3.1 All claims for extensions of time shall be made in writing to the Architect within 7 calendar days after the beginning of the delay; otherwise, they will be disallowed. 3.3.2 If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or labor disputes, fire, unusual weather conditions, or by unavoidable casualties, the Contract Time may be extended by Change Order for such reasonable time as the Owner may determine. 3.3.3 It is further expressly understood and agreed that the Contractor shall not be entitled to any damages or compensation, or be reimbursed for any losses, on account of any delay resulting from any of the aforesaid causes or any other cause regardless of whether the delay is foreseeable or not, except that the Owner agrees to compensate the Contractor for any damages resulting from any affirmative, willful act in bad faith performed by the Owner or his/her employees which unreasonably interferes with the Contractor's ability to perform the Work. Page 167 of 191 Initialed by:____ RFP 196 3.3.4 An extension in Contract Time for a delay will be allowed only in the case that a normal working day is lost. A normal working day is defined as any day, except weekends and holidays, during which the Contractor can work for at least four hours. Delays will not be allowed for non-working days (e.g., weekends and holidays). 3.3.5 Claims by the Contractor for delays will not be allowed on account of failure to furnish interpretations, until 14 days after a Request for Information is submitted by the Contractor, and then not unless such claim is reasonable. Extensions of Contract Time shall not be allowed for the following types of delays: 3.3.6 A. Delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor. B. Delays in the execution of parts of the Work, which may in themselves be unavoidable, but do not prevent or delay prosecution of other parts of the Work, nor the completion of the whole Work within the time specified. Delays arising from interruptions occurring in the prosecution of the Work on account of reasonable interference of other contractors employed by the Owner, which do not prevent the completion of the whole Work within the Contract Time. C. 3.4 Substantial Completion 3.4.1 The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so that the Owner may occupy or utilize the Work, or a designated portion thereof, for its intended use. 3.4.2 When the Contractor determines that the Work, or a portion thereof, which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a list of items to be completed or corrected. The failure to include any items on the list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract Documents. When the Owner and the Architect, on the basis of an on-site inspection, determine that the Work is substantially complete, the Owner may prepare a Certificate of Substantial Completion, which shall establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. The Certificate of Substantial Completion shall be signed by the Owner, the Architect, and the Contractor as their written acceptance of the responsibilities assigned to them in such Certificate. 3.4.3 Use and occupancy prior to final completion does not constitute acceptance by the Owner either of the complete Work or any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective work or material found at any time prior to completion of the entire Project or during the guarantee period. 3.4.4 Inspections for Substantial or final Completion may be requested by the Contractor only after the status of completion has been reviewed with the Owner's Inspector and the Inspector agrees/concurs that the Work is ready for such inspection. 3.5 Notice of Completion 3.5.1 Upon receipt of written notice from the Contractor that the Work is completed and is ready for final inspection, the Owner and the Architect will within a reasonable time, make such inspection. When the Work and provisions of the Contract Documents are fully and satisfactorily completed, the Owner will record a Notice of Completion. The date indicated on the recorded Notice of Completion is the official completion date of the Contract. Page 168 of 191 Initialed by:____ RFP 196 3.6 Guarantees 3.6.1 The Contractor and his/her Surety shall unconditionally warranty and guarantee all workmanship and materials of the entire Contract to be and remain free of defects for a period of one year from the date of the Notice of Completion or final acceptance as may be applicable or as otherwise stated in the contract documents. 3.6.2 When the Project includes several separate buildings and one or more of the buildings is substantially completed and occupied by the Owner, then the guarantee period will commence on the date of the Certificate of Substantial Completion for the completed portion of the Work. 3.6.3 Within a reasonable time, the Contractor and his/her Surety shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within the one year guarantee period, unless a longer period is specified in the Contract Documents. The Owner shall notify the Contractor in writing of observed defects with reasonable promptness. 3.6.4 The obligations of the Contractor herein shall be in addition to and not in limitation of any obligation imposed upon him/her by special guarantees required by the Contract Documents or otherwise prescribed by law. 3.6.5 The Contractor shall attend a 9 month warranty inspection of the Work upon written notification by the Owner. 3.6.6 The Contractor shall deliver all equipment warranties to the Owner as a condition to final payment. 3.7 Liquidated Damages 3.7.1 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the Contract Time for completion as specified in the Contract is an essential condition of the Contract. It is further mutually understood and agreed that both the Work and the Contract Time embraced in the Contract shall be commenced on the date specified in the Notice to Proceed. 3.7.2 The Contractor agrees that all work shall be prosecuted regularly, diligently, and without interruption at a rate of progress that will ensure completion of the Work within the Contract Time. It is expressly understood and agreed, by and between the Contractor and Owner, that the time for completion described in the Contract Documents is an acceptable time for the completion, taking into consideration the average climatic range and usual industrial and labor conditions prevailing in the locality of the Work. 3.7.3 If the Contractor shall neglect, fail, or refuse to complete the Work within the specified Contract Time, as it may be extended by Change Order, then the Contractor does hereby agree, as a part of the consideration for receiving the award of the Contract, to pay to the Owner, not as a penalty, but as liquidated damages, the amount of money specified in the Owner-Contractor Agreement for each and every excess calendar day that is required to complete the Work. 3.7.4 The unit amount of liquidated damages is established in the Contract Documents and is a minimum and fixed amount set by the Owner which will cover damages the Owner would sustain should the Work not be completed within the Contract Time. Should moneys due the Contractor for work performed be insufficient to cover such liquidated damages, then the Owner shall have the right to recover said sum or sums from the Contractor, from his/her Surety, or both. 3.7.5 Liquidated damages will be assessed against the Contractor for the time that is required to complete the Contract over and above the authorized Contract Time. All changes to authorized Contract Time shall be set forth in Change Orders. Page 169 of 191 Initialed by:____ RFP 196 3.7.6 Liquidated damages shall cease to be assessed on the date of Substantial Completion provided the Contractor completes all work within the time limit stipulated in the Certificate of Substantial Completion. 3.7.7 Construction of Building: Liquidated damages will cease upon reaching substantial completion for the entire building. 3.8 Claims for Damages 3.8.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his/her employees, agents, or others for whose acts he is legally liable, claim shall be made in writing to such other party within 14 days after the first observance of such injury or damage. 3.8.2 Any costs caused by defective or ill-timed work shall be paid by the Contractor. 3.9 Arbitration 3.9.1 All claims, disputes and other matters in question arising out of, or relating to the Contract, or breach thereof, which arise prior to the termination of the guarantee period specified in the Contract Documents, shall be decided by arbitration, upon the written demand of either party, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. 3.10 Termination by the Contractor 3.10.1 The Contractor may, upon 7 days written notice, terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor, of a Subcontractor, or their employees or agents, for any of the following reasons: A. Issuance of a court order or other order from a public authority having jurisdiction. B. Failure by the Owner to make payment to the Contractor within the time specified herein. 3.10.2 If one of the aforementioned reasons exists, the Contractor may terminate the Contract and recover from the Owner payment for work executed and for proven loss with respect to materials, equipment, tools, and construction equipment, including reasonable overhead and profit. 3.11 Termination by the Owner 3.11.1 If the Contractor is adjudged bankrupt, or if he makes a general assignment for the benefit of his/her creditors, or if a receiver is appointed on account of his/her insolvency, or if he persistently or repeatedly refuses or fails to supply enough properly skilled workmen, proper supervision or proper materials, or if he fails to make prompt payment to Subcontractors or to materials suppliers for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and his/her Surety 7 days written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. Page 170 of 191 Initialed by:____ RFP 196 3.11.2 The Owner expressly reserves the right to terminate the Contract at any time due to a national emergency, court injunction, or for any reason determined to be in the best interest of the Owner. Termination shall be effected by giving the Contractor seven(7) days written notice. In this case, payment to the Contractor shall be made as if termination was initiated by the Contractor. 3.11.3 If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including compensation for any additional professional services, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. 3.12 Separate Contracts 3.12.1 The Owner reserves the right to award other contracts in connection with other portions of the Project. 3.12.2 The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his/her work and theirs. 3.12.3 If any part of the Contractor's work depends on the proper execution of the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner and the Architect any discrepancies or defects in such other work. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other Contractor's work as fit and proper to receive his/her work, except as to defects which may develop in the other separate Contractor's work after the execution of the Contractor's work. 3.12.4 The Contractor shall do all cutting, fitting, and patching of his/her Work that may be required to fit it to receive or be received by the work of other contractors shown upon, or reasonably implied by, the Contract Documents. The Contractor shall not endanger or alter the work of any other contractor. 3.12.5 Should the Contractor cause damage to the work or property of any separate contractor on the Project, the Contractor shall, upon written notice, settle with the other contractor by agreement or arbitration, if he will so settle. If the separate contractor sues the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor who, at his/her sole expense, shall defend the proceedings and pay all costs in connection therewith, including all court costs and attorney fees, and any judgments against the Owner arising therefrom. 3.12.6 If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the contractors as the Owner determines to be just. 3.13 Assignment 3.13.1 The Contractor binds him/herself and each of his/her partners, successors, assigns and legal representatives to the Owner and to the Owner's partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. He shall not assign the Contract or sublet it as a whole without the written consent of the Owner, nor shall the Contractor assign any moneys due or to become due to him/her hereunder, without the previous written consent of the Owner. 3.14 Severability 3.14.1 The Contract and the various provisions thereof are severable. Should any part, clause, provisions or terms be declared invalid, ineffective or unenforceable, the remaining provisions shall remain in full legal force and effect. Page 171 of 191 Initialed by:____ RFP 196 3.15 Indemnification 3.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless and defend the Owner, the Owners officials, officers, employees and agents, and the Architect, and his/her agents and employees from and against claim, action, damages loss, injury, liability, cost and expenses, including but not limited to attorney's fees and court costs, arising out of injury (whether mental or corporeal) to persons, including death, or damage to property, including loss of use resulting therefrom, arising out of or incidental to the performance of the Work performed hereunder, whether or not due to or caused by negligence of the Owner, regardless of whether or not such claim, action, damage, loss, injury, liability, cost or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subsection. 3.15.2 In any and all claims against the Owner or Architect, or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Subsection 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 Subcontractor under Workmen's Compensation Acts, disability benefit acts, or other employees benefit acts. 3.15.3 Obligations of the Contractor under this Subsection shall not extend to the liability of the Architect, his/her agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or the giving of or the failure to give directions or instructions by the Architect, his/her agents or employees provided such giving or failure to give is the primary cause of the injury or damage. 3.15.4 Obligations of the Contractor under this Subsection shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subsection. This indemnification obligation shall not be diminished or limited in any way to the total limits of insurance required in this Contract or otherwise available to the Contractor or Subcontractors. SECTION 4: THE OWNER 4.1 Owner's Responsibilities 4.1.1 The Owner will provide general administration of the Contract, including performance of the functions herein described. 4.1.2 The Owner shall furnish site surveys describing the topography and physical characteristics, legal limits, and utility locations for the Project site. 4.1.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for easements and utility connection fees for permanent structures or for permanent changes in existing facilities. 4.1.4 Information or services under the Owner's control shall be furnished by the Owner within a reasonable time to avoid delay in the orderly progress of the Work. 4.1.5 Prior to the start of construction, the Owner shall obtain all land and rights-of-way necessary for the carrying out and completion of the Work. 4.1.6 In case of termination of the employment of the Architect, the Owner shall appoint replacements whose status under the Contract Documents shall be that of the former Architect. Page 172 of 191 Initialed by:____ RFP 196 4.1.7 The Owner will issue the Notice to Proceed and will issue, publish, and record the Notice of Completion. 4.1.8 The foregoing are in addition to other duties, responsibilities, and rights of the Owner enumerated throughout the Contract Documents. 4.2 Owner's Authority 4.2.1 The Owner and his/her representatives shall at all times have access to the Work whenever it is in preparation or progress, and the Contractor shall provide proper equipment and facilities for such access and inspection. If any work is required to be tested or approved, the Contractor shall give the Owner timely notice of its readiness for inspection. Neither the observations of the Owner or the Architect in the administration of the Contract, nor any inspections, tests, or approvals shall relieve the Contractor from his/her obligation to perform the Work in accordance with the Contract Documents. 4.2.2 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, after a 7 day written notice to the Contractor, and without prejudice to any other remedy he may have, make good such deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the additional professional services made necessary by such default, neglect, or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 4.2.3 The Owner will not be responsible for the acts or omissions of the Contractor or any Subcontractor, or any of his/her or their agents or employees, or any other persons performing any of the Work. 4.2.4 If the Contractor fails to correct work which is not in accordance with the requirements of the Contract Documents or fails to carry out work in accordance with the Contract Documents, the Owner, by written notice, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 4.3 Inspection by The Owner 4.3.1 The Owner's Inspector is the Owner's representative and has authority to enforce compliance with the Contract Documents and to direct the Contractor to correct non-complying work. Additionally, Owner's Inspector may direct the Contractor to stop any unsafe or non-complying work. 4.3.2 The Contractor will be charged for extra inspection services when work is performed during time periods other than the normal workday (i.e., nights, weekends and holidays) if such work is performed for the benefit of the Contractor. The compensation shall be based on the current rate of pay for Owner's Construction Management Personnel, and any applicable travel and per diem expenses. 4.3.3 The necessity for extra inspection after normal working hours will depend on the type of work in progress and will be determined by the Owner. 4.3.4 Charges for extra inspection time will be processed as deductive Change Order items. Page 173 of 191 Initialed by:____ RFP 196 4.3.5 The Owner and his/her authorized representatives shall be permitted to inspect the Work, materials, payrolls, records of personnel, invoices for materials and other relevant data and work of the Contractor and Subcontractors. Such inspection by the Owner or his/her authorized representatives shall not be considered a warranty as to the fitness or acceptability of the Work, materials, payrolls, records of personnel, invoices for materials and other relevant data and work, and shall not relieve the Contractor or his/her Subcontractors of their obligations or duties required by the Contract Documents. SECTION 5: THE CONTRACTOR 5.1 General 5.1.1 The Contractor shall carefully study and compare all parts of the Contract Documents with each other and with all information furnished by the Owner and shall at once report any errors, inconsistencies, or omissions discovered. The Contractor shall not be liable to the Owner or the Architect for damage resulting from errors, inconsistencies, or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency, or omission and knowingly failed to report it to the Owner. 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 Owner, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 5.1.2 The Contractor shall submit cost proposals, progress schedules, payrolls, reports, estimates, records, and other data as the Owner or Architect may request concerning work performed, or to be performed under the Contract. 5.1.3 The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided herein for other claims. 5.2 Contractor's Responsibilities 5.2.1 The Contractor shall, in a workmanlike manner, complete the Work in accordance with the Contract Documents. 5.2.2 The Contractor shall supervise and direct all portions of the Work. He shall be solely responsible for all construction procedures, methods, techniques, sequences, safety, and for coordinating all portions of the Work to comply with the Contract Documents. He shall be responsible for the acts and omissions of all his/her employees and Subcontractors, their agents and employees, and all other persons performing any of the Work. 5.2.3 The Contractor shall at all times enforce good discipline and order among his/her employees and Subcontractors and shall, at his/her own cost, provide the security necessary to adequately protect the Work. 5.2.4 The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with the Project. He shall at all times safely guard and protect the Work and adjacent property from damage. The Contractor shall replace or make good any such damage, loss, or injury unless such is caused directly by errors contained in the Contract Documents. 5.2.5 The Contractor shall give all notices and shall comply with all laws, ordinances, rules, orders, and regulations of all public authorities, relating to the performance of the Work. He shall be responsible for the protection of adjacent property and the maintenance of passageways, guard fences, and other protective facilities. Page 174 of 191 Initialed by:____ RFP 196 5.2.6 In the event of temporary suspension of work, or during inclement weather, the Contractor shall protect, and shall cause his/her Subcontractors to protect carefully his/her and their work and materials against damage or injury from the weather. If any work or materials become damaged by failure on the part of the Contractor or any of his/her Subcontractors to protect his/her work, such material shall be removed and replaced at the expense of the Contractor. 5.2.7 The General Contractor must perform on the site, and with its own organization, actual physical construction of a value equivalent to 15% of the total contract amount for this project. “Its own organization” shall be construed to include only workmen employed and paid directly by the Contractor and equipment owned or rented by the Contractor with or without operators. To compute the amount of actual physical construction performed with its own organization, the Contractor may include the cost of materials, labor and equipment, but may not include the cost of bonds, record documents, mobilization, supervision, project close-out, or insurance. 5.3 Superintendent 5.3.1 The Contractor shall employ a competent full-time superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent and assistants shall be satisfactory to the Owner, and shall not be changed except with the consent of the Owner. The superintendent shall represent the Contractor and have full authority to act on his/her behalf. 5.4 Labor and Materials 5.4.1 Unless otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all labor, materials, tools, equipment, water, light, power, heat, transportation, supervision, temporary construction services, procedures, and facilities of every nature required to properly execute and complete the Work in accordance with the Contract Documents. All materials shall be installed in strict compliance with the Contract Documents and the recommendations of the manufacturer. 5.4.2 The Contractor shall not employ or contract with any firm or organization that is unfit or unskilled in the work to be performed. He shall not discriminate or allow discrimination against any employee or applicant for employment because of sex, sexual orientation, religion, age, disability, race, color, creed, or national origin. He shall comply with and shall require his/her Subcontractors to comply with the applicable provisions of Title 28 and Title 53 of the Nevada Revised Statutes. 5.4.3 Contractor shall comply with all fair labor practices of the Federal or State Wage Labor Rates to ensure that all crafts are paid in accordance with appropriate prevailing wage rates for that project. Projects receiving no federal assistance, shall abide by Nevada Wage Labor rates as required (see NRS338). The prime contractor, upon signing payroll submittals, is certifying that proper labor rates are being paid on that project. If any workman on the project is not paid the correct prevailing wage rate or not reported correctly to the Owner (awarding body), the Contractor shall forfeit as a penalty to the Owner (awarding body), not less than $20 nor more than $50 for each calendar day. Page 175 of 191 Initialed by:____ RFP 196 5.4.4 All work necessary to be performed after regular working hours, on weekends or legal holidays, shall be performed without additional expense to the Owner. 5.4.5 Unless otherwise specifically required, all materials and equipment incorporated in the Work shall be new, free of faults and defects, and shall conform to the Contract Documents. If required, the Contractor shall furnish satisfactory evidence as to the type and quality of materials and equipment. 5.4.6 No materials or equipment for the Work shall be purchased by the Contractor, nor shall he permit any Subcontractor to purchase materials or equipment that are subject to any chattel mortgage, or are under a conditional sale contract or other security agreement by which any right, title, or interest is retained by the seller. 5.4.7 All materials and equipment used in the Work shall be subject to inspection and testing in accordance with accepted standards to ensure conformity with the requirements of the Contract Documents, laws, ordinances, rules and regulations, or orders of any public authority having jurisdiction. Where specific certificates concerning materials and/or equipment are required, securing payment for the prompt delivery of such certificates shall be the responsibility of the Contractor. Such certificates shall be executed by qualified firms acceptable to the Architect, shall include all information required by the Specifications, and shall clearly refer specifically to materials to be used in the Project. 5.5 Temporary Utilities 5.5.1 The Contractor shall be solely responsible for providing all necessary temporary utilities. The Contractor shall pay all costs related thereto, including, but not limited to, applications, fees, permits, engineering, and any other costs as may be required to acquire temporary utilities. The Owner will not be responsible for any delays or costs related to obtaining temporary utilities. 5.6 Emergencies 5.6.1 In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor shall act, without previous instructions from the Owner or the Architect, in a diligent manner. He shall notify the Owner and the Architect immediately thereafter. 5.6.2 The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided herein for other claims. 5.6.3 The Contractor shall maintain a current emergency telephone number list at the job site. 5.7 Construction Schedule 5.7.1 Within 14 days after issuance of the Notice of Award, the Contractor shall prepare and submit a construction schedule which is acceptable to the Owner and the Architect. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 5.7.2 The construction schedule shall be organized to show progress for each trade or operation. As a minimum, the schedule shall show the order in which the Contractor proposes to perform work, and the proposed starting and completion dates for each activity. Activities which define critical portions of the Work, shall be identified on the schedule. 5.7.3 Failure by the Contractor to provide and maintain an adequate construction schedule shall be justification for the Owner to withhold approval of progress payments. Page 176 of 191 Initialed by:____ RFP 196 5.8 Coordination Meetings 5.8.1 The Contractor shall schedule a weekly coordination meeting at the Project site, to be attended by the Contractor's Superintendent, the Architect, the Owner's Inspector, and Subcontractors, as may be appropriate. Coordination meetings may be scheduled at less frequent intervals, if agreed upon by the Owner and the Contractor. The Architect shall record each coordination meeting and shall provide a comprehensive set of meeting minutes, to be distributed within five (5) days and reviewed at the next coordination meeting. 5.9 Progress Photographs 5.9.1 The Contractor shall provide the Owner twelve (12) 3" x 5" professional quality progress photographs of the Work each month with 35 mm negatives, including at Project completion. Camera view/locations shall be as directed by the Owner or the Architect. 5.10 Taxes, Permits, Fees and Notices 5.10.1 The Contractor shall pay all sales, consumer, use, and other taxes required by law. 5.10.2 The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the Work. The Contractor shall not be required to pay for a municipal or county building permit, or permanent utility connection fees. 5.10.3 The Contractor shall give all notices and comply with all laws, ordinances, codes, rules, regulations, and orders of any public authority bearing on the Work and the department, agency, or institution of the State that will use the Project after completion. If the Contractor observes that any of the Contract Documents are at variance therewith, he shall promptly notify the Owner and the Architect. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice, he shall assume full responsibility therefore and shall bear all costs attributable thereto. 5.11 Project Sign 5.11.1 Upon commencing the Work the Contractor shall erect one 4' x 8' painted sign in the exact format provided by the Owner. This sign shall be the only announcement displayed on the building or site. 5.12 Access Roads 5.12.1 The Contractor shall be required to use designated access roads as directed by the Owner, and these roads shall be kept passable at all times. The Contractor shall be entirely responsible for any damage to roads, trees, shrubs, sprinkler systems, gates, fences, grass, curbs, gutters, and driveways due to construction usage. All damaged portions shall be restored to the same condition as existed before the commencement of the Work. 5.12.2 Dirt roads shall be periodically sprinkled when dust conditions present a hazard or nuisance to workmen, neighboring properties, or the public in general. 5.13 Owner's Field Office 5.13.1 If a temporary "on site" field office is required by the Owner on this project, that decision will be addressed at the pre-bid conference and all bidders would be subsequently notified as to the requirements and furnishings of the office. Page 177 of 191 Initialed by:____ RFP 196 5.14 Toilet Facilities 5.14.1 The Contractor shall provide and maintain in a clean and sanitary condition in a weatherproof building satisfactory toilet accommodations for all workmen. Such toilet accommodations shall consist of a frost-proof chemical toilet or water closet with urinal. Temporary or portable toilet accommodations shall be completely removed upon completion of the Project. 5.15 Patents and Royalties 5.15.1 The Contractor shall hold and save the Owner and his/her officers, agents, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. If the Contractor uses any design, device or materials covered by letters, patent or copy-right, he shall provide for such use by suitable agreement with the owner of such patented or copyrighted design, device or material. It is mutually agreed and understood, that without exception, the Contract Sum shall include all royalties or costs arising from and the use of such design device or materials, in any way involved in the Work. 5.16 Construction Surveys 5.16.1 Unless otherwise expressly provided for in the Contract Documents, the Contractor shall furnish and pay for all surveys necessary to his/her execution of the Work or required by the Contract Documents. 5.17 Subsurface Conditions 5.17.1 Should the Contractor encounter subsurface or latent conditions at the site materially differing from those indicated in the Contract Documents, he shall immediately give notice to the Owner and the Architect of such conditions before they are disturbed. The Architect will promptly investigate the conditions, and if he finds that they materially differ, he will, after consultation with the Owner, make such changes in the Contract Documents as he may find necessary. Any increase or decrease in cost resulting from such changes will be adjusted by Change Order. 5.17.2 The Contractor shall perform all work in strict conformance with the current 'Call Before You Dig' program. 5.18 Archaeological Findings 5.18.1 Any historic, prehistoric, or archeological evidence discovered on the site shall remain undisturbed and shall be reported immediately to the Owner. 5.19 Materials Testing 5.19.1 Testing of materials delivered to the job site shall be carried out by the Owner unless otherwise required in the Contract Documents. The Owner shall select the testing laboratory or inspection agency to carry out this work. The purpose of such testing is to verify conformity of materials and/or equipment with the Specifications. Where tests indicate conformity, costs of testing will be paid by the Owner; where tests indicate non-conformance, costs of re-testing will be paid by the Contractor. If concrete mix design, batch plant inspection or any other special inspection or testing requirements are established by any of the Contract Documents, conduct of and payment for such work shall be as specifically stated therein. If the manner of payment is not specified or if there is no mention of such inspection or testing in the Contract Documents, but such inspection is judged necessary by the Owner, then the Owner shall pay the cost thereof unless such testing indicates non-conformance to specifications. The Contractor shall cooperate toward minimizing the cost of such inspection and testing. Page 178 of 191 Initialed by:____ RFP 196 5.20 Operating and Maintenance Manuals 5.20.1 Prior to completion of the Project, the Contractor shall submit to the Architect, a draft of all approved operating and maintenance instructions for all equipment and surfaces prior to completion of the project. Upon approval by the Architect, the Contractor shall furnish to the Owner, 3 bound copies of all approved Operating and Maintenance (O&M) Manuals. O&M manuals shall be incorporated into three-ring binders with a typed index and tabbing as required for all appropriate sections. 5.21 Correction of Work 5.21.1 If any work should be covered prior to a specified or requested inspection, the Contractor shall uncover the work for observation and shall replace same at no cost to the Owner. 5.21.2 If any work has been covered which the Owner or the Architect has not specifically requested to observe prior to being covered, the Owner may request to see such work and it shall be uncovered by the Contractor. If the uncovered work is found to be in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If the uncovered work is not in accordance with the Contract Documents, the Contractor shall pay such costs. 5.21.3 The Contractor shall promptly correct all work rejected as defective or as failing to conform to the Contract Documents whether observed before or after the Notice of Completion, and whether or not fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected work, including the cost for additional services of the Architect. 5.21.4 The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by removal or correction. 5.21.5 If the Contractor does not remove defective or non-conforming work within a reasonable time, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within 10 days thereafter, the Owner may upon 10 additional days written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all costs that should have been borne by the Contractor including compensation for additional professional services. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount the Contractor shall pay the difference to the Owner. 5.21.6 If the Contractor fails to correct defective or non-conforming work, the Owner may correct it at the Contractor's expense. 5.21.7 If the Owner prefers to accept defective or non-conforming work, he may do so instead of requiring its removal or correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid to the Owner by the Contractor. 5.21.8 All damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, Sub-subcontractor, anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable to errors and/or omissions in the Drawings or Specifications. Page 179 of 191 Initialed by:____ RFP 196 5.22 Subcontractors 5.22.1 The Contractor shall not award any work to any Subcontractor other than those listed in his/her bid documents without prior approval of the Owner. Approval will not be considered until the Contractor submits a written statement containing the Subcontractor's name, address, Nevada State Contractor's license number and scope of his/her work proposed. 5.22.2 After submitting the required Subcontractor information the Contractor shall not contract with any other Subcontractor nor change Subcontractors without the written approval of the Owner. 5.22.3 If the Owner has a reasonable objection to any Subcontractor, and requests in writing a change in Subcontractors, the Contractor shall submit an acceptable substitute and the Contract Sum shall be increased or decreased by the difference in costs occasioned by such substitution and an appropriate Change Order shall be issued. 5.22.4 The Contractor will not be required to contract with any Subcontractor, person or organization against whom he has a reasonable objection. 5.22.5 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents related to this project. The Contractor shall be solely responsible for his/her subcontractors understanding of the contract requirements and the work. 5.22.6 The Owner may upon request, furnish to any Subcontractor, information regarding payments to the Contractor on account of work done by such Subcontractor. 5.22.7 The Contractor shall be fully responsible to the Owner for any acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of the persons directly employed by him/her. If, through acts of neglect by the Contractor, and any Subcontractor shall suffer loss or damage on the Work, the Contractor shall be solely responsible for any settlement. The Contractor shall indemnify and save harmless the Owner from any Subcontractor filing a claim against the Owner. 5.22.8 Neither the Owner or the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor, except as may otherwise be required by law. 5.23 Minimum Job Safety Requirements 5.23.1 The Contractor shall be responsible for initiating, maintaining, and supervising of all his/her employees regarding safety requirements and seeing that all Subcontractors are also taking all safety precautions and programs in connection with the Work. 5.23.2 The following list of safety requirements is not intended to be all inclusive. Additional items or requirements may be obtained from the Project Coordinator. Contractors are expected to govern themselves in a manner that would reasonably assure the safety and health of their employees and the Owner’s community. A. Contractors are required to comply with all OSHA, EPA, DOT, DEM, ADA, and other relevant standards, codes and regulations. Page 180 of 191 Initialed by:____ RFP 196 B. Prior to job start-up, all Contractors and their Subcontractors are expected to be aware of personal protective equipment required to safely and properly perform a job, to provide NIOSH and MSHA approved equipment, and to ensure the appropriate training, wearing and maintenance of said equipment. Questions regarding equipment requirements can be reviewed at least forty-eight (48) hours prior to task start-up with the Project Coordinator. It is the Contractors responsibility to see that all personnel under his/her contract wear the required safety apparel on the project at all times. The Owner will not provide scheduled contractors with personal protective equipment. C. Contractors are required to maintain readily available Material Safety Data Sheets for all chemical substances that they are utilizing on the Owner’s property. D. In the event of a chemical spill, the Campus Environmental Health & Safety Office should be notified immediately, 651-7445, to contact the emergency assigned personnel to monitor contractor clean-up activities. E. Safety lifelines, or alternative approved means are expected to be worn by all personnel engaged in elevated window washing, in work on slanted roofs, and in elevated or suspended activity where employees are leaning over roofs. F. Contractors shall erect and maintain appropriate access restricting barriers and warning signs to prohibit entry into construction work sites by unauthorized personnel. G. All pedestrian areas must be protected from activity that might result in debris, tools, or other materials falling onto a pedestrian trafficked area, by means of well constructed temporary protective barriers or restrictions, warning signs and reasonable detours. H. Any guards, limit switches or other safety devices which are removed, over-ridden, or somehow rendered non-functional for the sake of the contractor's project, must be restored before reutilization of the unguarded equipment or completion of the job. I. Contractors who engage in particulate, vaporous or gaseous contamination of occupied indoor air space must inform the Campus Environmental Health & Safety Office of this possibility in advance to: a) Prevent smoke detectors from going into alarm, and avoid contamination that will result in spurious alarm after completion of the job. b) Assure that the occupancy status need not be changed during the performance of the continuing operation. c) Determine whether or not temporary ventilation adjustments should be made to either the work area or adjacent areas. J. All staging and scaffolding erected must comply with OSHA's 1926 Construction Standards. K. Ropes, hoists and pulleys utilized for lifting equipment and materials must be rated for the appropriate capacity. L. Any Welding operations require use of appropriate personal protective equipment and erection of welding screens where others may be affected. Contractor(s) shall provide their own fire extinguisher and establish a fire watch as necessary. Owner's Health & Safety Office should be informed when the job is completed each day. When it is anticipated that welding operations will be a part of the project, the "Cutting and Welding Guidelines" shall become a part herein by reference. M. Should asbestos be inadvertently encountered in the course of a project, immediately contact the Project Coordinator and the Owner's Asbestos Coordinator. The abatement activities initiated Page 181 of 191 Initialed by:____ RFP 196 must be performed in compliance with OSHA, EPA, DOH and Owner's procedures. N. Contractor confined space and vessel entry procedures must be in minimal conformance with ANSI 117.1 -1977 standard and relevant OSHA regulations. O. Contractors will conform to standard life safety practices by not blocking approved fire lanes, means of egress, fire extinguisher or other emergency equipment with vehicles, construction materials, debris, equipment or other encumbrance. Nor will entrances to mechanical and electrical rooms and vaults be blocked. P. Fire protection on the job-site remains the responsibility of the Contractor. Appropriate fire extinguishers are required in the work area to be provided and maintained by the Contractor. Any question regarding adequacy of equipment or extinguisher should be referred to the Owners Campus Environmental Health & Safety Office, 651-7445. 5.23.3 The Contractor shall comply with all applicable laws, ordinances, rules, and regulations of any public authority having jurisdiction for the safety of persons or property, or to protect them from damage, injury, or loss. He shall erect and maintain, as required by existing conditions and progress on the Work, all necessary safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent utilities. 5.23.4 The Contractor shall designate a responsible member of his/her organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner. 5.23.5 In any emergency affecting the safety of persons or property, the Contractor shall act, at his/her discretion, to prevent threatened damage, injury, or loss. 5.23.6 The Contractor shall be responsible for the safe operation of all equipment, for utilizing safe construction methods, and for any damage which may result from failure or from improper construction, maintenance, or operation. 5.23.7 The Contractor shall securely fence, barricade, cover, or other-wise adequately protect all excavations, holes, shafts, or other hazards to guard against danger to persons or animals and shall properly maintain such protection until the completion of the Project. 5.24 Cleanup Procedures. 5.24.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, and the Contract Documents, and shall not unreasonably encumber the site. He shall at all times keep the site and the Work free from accumulation of waste materials and rubbish caused by his/her operations. Upon completion he shall remove all waste materials, rubbish, tools, construction equipment and machinery, and surplus materials. He shall clean interior and exterior of all glass surfaces, and leave all Work in a finished, cleaned, washed, waxed and polished condition. The Contractor shall not be relieved of his/her daily cleanup of job site. 5.25 Noise and Dust Control 5.25.1 Contractor shall provide for noise, dust and debris control to protect other areas within the building and adjacent properties beyond the Work area. Because building may be in continuous use during construction, it is imperative that noise and dust be absolutely minimized or restrained until after normal closing hours subject to special conditions. Noise restraint shall include loud chatter or yelling by workmen and use of a radio. Page 182 of 191 Initialed by:____ RFP 196 SECTION 6: THE ARCHITECT 6.1 Architect's Responsibilities 6.1.1 The Architect shall provide construction administration services for the duration of the Project. The Architect is the Owner's representative and will advise and consult with the Owner for the duration of the Project. 6.1.2 The Architect will be the interpreter of the Drawings and Specifications. The Architect will, within a reasonable time, render such interpretations as may be necessary for proper execution of the Work. All interpretations and decisions by the Architect shall be consistent with the intent of the Contract Documents. 6.1.3 The Architect shall have access to the Work for the duration of the Project. 6.1.4 The Architect will make periodic visits to the site to familiarize him/herself with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. 6.1.5 The Architect will review Shop Drawings and Samples as required in the Contract Documents. 6.1.6 The Architect will not be responsible for the acts or omissions of the Contractor or any Subcontractor, or any of his/her or their agents or employees, or any other persons performing any of the Work. 6.1.7 Based upon site observations and the Contractor's Requests for Payment, the Architect will review and approve the amounts claimed by the Contractor. 6.1.8 The Architect will have authority to reject work which does not conform to the Contract Documents. 6.1.9 The Architect will prepare Change Orders for review and approval by the Owner. 6.1.10 The Architect will have authority to order minor changes in the Work which do not involve a change in the Contract Sum or the Contract Time. 6.1.11 The Architect shall attend weekly coordination meetings at the Project site. SECTION 7: PAYMENT 7.1 Schedule of Values 7.1.2 Within 14 calendar days after the issuance of the Notice to Proceed, the Contractor shall submit to the Owner and the Architect a schedule of values of the various portions of the Work, including quantities, aggregating to the total Contract Sum, divided so as to facilitate payments to Subcontractors, prepared in such form as required by the Owner, and supported by such data to substantiate its correctness as the Owner may require. Each item in the schedule of values shall include its proper share of overhead and profit. This schedule when approved by the Owner and the Architect shall be the format for each Request for Payment. Page 183 of 191 Initialed by:____ RFP 196 7.2 Progress Payments 7.2.1 The Contractor shall submit a Request for Payment not more than once each month. 7.2.2 Each Request for Payment shall correctly set forth the value of all work satisfactorily performed to date, less 10% of the amount, including change orders, as a retained percentage to ensure proper performance until the Work covered by the Contract Documents is complete. The Owner, at his/her option, may pay the invoiced value, less retainage, of materials properly stored on site or in approved, bonded, and insured warehouses. In no event, however, will the Contractor be paid more than the listed value of each portion of the Work, less the required retainage, until the Project has been completed. 7.2.3 If payment is requested for materials or equipment not incorporated, but delivered and suitably stored at the site or at some other insured location previously approved by the Owner, such payment shall be conditioned upon submission by the Contractor of bills of sale satisfactory to the Owner to establish the Owner's title to such materials or equipment, or otherwise protect the Owner's interest, including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all work, materials, and equipment covered by a Request for Payment, whether incorporated into the Project or not, will have passed to the Owner prior to the making of the Request for Payment, free and clear of all liens, claims, security interests or encumbrances, and that no work, materials, or equipment covered by a Request for Payment will have been acquired by the Contractor, or by any other person performing the Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein, or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. This provision shall not be construed to relieve the Contractor of his/her sole responsibility for the care and protection of the materials and of the Work, and to make restoration of damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Documents. 7.2.4 Upon receipt of each Request for Payment, within a reasonable time, the Owner and the Architect will either approve the Request, modify the Request for such amount as is determined to be properly due, or deny the Request. 7.2.5 The Owner or the Architect may decline to approve any Request for Payment, or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of a Request for Payment previously issued to such extent as may be necessary to protect the Owner from loss because of: A. defective work not remedied; B. claims filed or reasonable evidence indicating probable filing of claims; C. failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; D. reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; E. damage to another Contractor; F. reasonable indication that the Work will not be completed within the Contract Time; or, G. unsatisfactory execution of the Work by the Contractor. When the above grounds are removed, payment shall be approved for amounts withheld because of them. Page 184 of 191 Initialed by:____ RFP 196 7.2.6 If the Owner should fail to pay the Contractor within 30 calendar days after the date the Request for Payment is approved, then the Contractor may, after 7 additional calendar days, give written notice to the Owner and stop the Work until payment is received. 7.2.7 No payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any work not in accordance with the Contract Documents. 7.3 Final Payment 7.3.1 Thirty (30) calendar days after filing the Notice of Completion, and when the Owner has received satisfactory evidence that all claims and obligations of the Contractor have been paid, discharged, or waived, the Owner shall make final payment to the Contractor and release moneys retained on all completed and accepted work. 7.3.2 Issuance of final payment shall constitute a waiver of all claims by the Owner except those arising from: A. unsettled claims; B. faulty or defective work; C. failure of the Work to comply with the requirements of the Contract Documents; or, D. terms of any special guarantees required by the Contract Documents. If any such claims remain unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys the Owner may be compelled to pay in discharging such claims and costs related thereto. 7.3.3 The acceptance by the Contractor of final payment shall be and shall act as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with the Work and for every act and neglect of the Owner and others relating to or arising out of the Work. No payment, final or otherwise, shall operate to release the Contractor or his/her Surety from any obligations under the Contract, the Performance & Completion Bond, or the Labor & Material Bond. 7.3.4 As a condition to final payment, the Contractor shall have submitted all Operating & Maintenance manuals, guarantees, and as-built drawings. Additionally, releases shall be obtained from the State Labor Commission and the Contractor's Surety, prior to issuance of final payment. SECTION 8: INSURANCE AND BONDING 8.1 Insurance See Sample Contract for Insurance Requirements. 8.2 Workers' Compensation See Sample Contract for Insurance Requirements 8.3 Bid Guarantee 8.3.1 Each bidder shall furnish a Bid Bond or a Cashier's Check or Certified Check payable to the Board of Regents, Nevada System of Higher Education, in an amount not less than 5 percent of the total bid, as a guarantee that the bid will not be withdrawn for a period of 60 calendar days after the opening of bids. Failure to furnish the bid guarantee, including the power of attorney, if required, will result in the rejection of the bid. Page 185 of 191 Initialed by:____ RFP 196 8.4 Performance Bond and Payment Bond 8.4.1 Upon notification to the bidder of the acceptance of the bid, the successful bidder shall immediately cause to be executed a Performance and Payment Bond on a form acceptable to the Owner covering the faithful performance and completion of the Contract and the payment of all obligations arising thereunder. A. Performance Bond in the amount of 100% of the total Contract Sum. B. Payment Bond (Labor & Material) in the amount of 100% of the total Contract Sum. 8.4.2 Bonds shall be in the exact form as included in the Contract Documents. The Surety shall be registered with the Insurance Division of the Nevada Department of Commerce, and shall be satisfactory to the Owner. 8.4.3 If at any time the Owner, for justifiable cause, shall be or become dissatisfied with any Surety as providers of the required Performance Bond or the Payment Bond, the Contractor shall within five calendar days after being notified by the Owner, substitute an acceptable bond in the form and sum and signed by such other Surety as may be satisfactory to the Owner. The premiums on such Bonds shall be paid by the Contractor. No further progress payments to the Contractor shall be deemed due or payable until acceptable bonds are furnished. The new bond amount shall be for the remaining balance of the contract. In the event that the Contractor is unable to obtain a new bond, the Owner will obtain the bond and charge the Contractor for the cost required to obtain said bond. The new bond amount shall be for the remaining balance of the contract. In the event that the Contractor is unable to obtain a new bond, the Owner will obtain the bond and charge the Contractor for the cost required to obtain said bond. 8.4.4 If the Performance and Payment Bond is not furnished within the time specified in the bid documents after the Contract is awarded, the bid guarantee may be forfeited and the Contract may be awarded to the next low responsible bidder. 8.4.5 The Owner will not require the Contractor to increase the Performance and Payment Bond to accommodate Change Orders. 8.4.6 The Owner reserves the right to require the Contractor to obtain Performance Bonds and Payment Bonds, each in the amount of 100% of any Subcontractor's bid. The Owner will pay the actual cost of any bond so required, not including any overhead and profit. If said bonds cannot be obtained within 60 calendar days of notification, the Subcontractor shall be replaced at no additional cost to the Owner. 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