UMF CHP LP Gas Tank 00 01 01 – 1 Title Page SECTION 00 01 01
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UMF CHP LP Gas Tank 00 01 01 – 1 Title Page SECTION 00 01 01
SECTION 00 01 01 SPECIFICATIONS and REFERENCE DRAWINGS FOR UMF CENTRAL HEATING PLANT LP GAS TANK SYSTEM UNIVERSITY OF MAINE AT FARMINGTON FARMINGTON, MAINE October 9, 2015 Prepared by: Competitive Energy Services, LLC Dirigo Architectural Engineering, LLC END OF SECTION 00 01 01 UMF CHP LP Gas Tank 00 01 01 – 1 Title Page SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP # of Pages DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS Introductory Information 00 01 01 Project Title Page 1 00 01 10 Table of Contents 2 00 01 11 Request for Proposal 6 Procurement Requirements 00 11 13 Advertisement for Bids 1 00 21 13 Instructions to Bidders 2 00 41 13 Bid Form 1 00 43 13 Bid Security Form 1 Contracting Requirements 00 51 00 Notice of Award 1 00 52 13 Construction Contract Agreement Form 2 00 61 13.13 Performance Bond Form 1 00 61 13.16 Payment Bond Form 1 00 62 16 G715 Supplemental Attachment for ACORD Certificate of Insurance 1 00 62 16.10 Certificate of Liability Insurance (ACORD) 2 00 62 16.11 Commercial General Liability Coverage Form (ISO CG 00 01 12 04) 15 00 62 16.12 Additional Insured – Owners, Lessees or Contractors – Scheduled Person or Organization (ISO CG 20 10 07 04) 1 00 62 16.13 Additional Insured – Owners, Lessees or Contractors – Completed Operations (ISO CG 20 37 07 04) 1 00 62 16.14 Designated Location(s) General Aggregate Limit (ISO CG 25 04 03 97) 2 00 62 73 G703 Schedule of Values Form (Continuation Sheet) 1 00 62 76 G702 Application for Payment Form 1 00 62 76.13 Sales Tax Form 1 00 62 76.16 G707A Consent of Surety to Reduction in or Partial Release of Retainage Form 1 00 62 79 Stored Material Form 2 00 63 14 G716 Request for Information Form 1 00 63 33 G710 Architect’s Supplemental Instructions Form 1 00 63 46 G714 Construction Change Directive Form 1 00 63 57 G709 Work Changes Proposal Request Form 1 00 63 63 G701 Change Order Form 1 00 65 16 G704 Certificate of Substantial Completion Form 1 00 65 19 Certificate of Completion Form 1 00 65 19.13 G706 Contractor’s Affidavit of Payment of Debts and Claims Form 1 00 65 19.16 G706A Contractor’s Affidavit of Release of Liens Form 1 00 65 19.17 Waiver of Lien 1 00 65 19.19 G707 Consent of Surety to Final Payment Form 1 00 72 00 A201 General Conditions of the Contract for Construction 38 00 73 00.01 Supplementary Conditions to the A201-2007 General Conditions of the Contract 9 00 73 00.11 Schedule of Liquidated Damages 1 00 73 46 Wage Determination Schedule 1 DIVISION 01 – GENERAL REQUIREMENTS 01 11 00 Summary of Work 01 14 00 Work Restrictions 01 23 00 Alternates 01 29 00 Payment Procedures 01 31 00 Project Management and Coordination 01 31 13 Project Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 70 00 Project Execution UMF CHP LP Gas Tank 00 01 10 – 1 1 1 1 4 6 3 2 6 4 Table of Contents 01 01 01 01 74 77 78 78 19 00 23 36 Construction Waste Management Closeout Procedures Operations and Maintenance Data Warranties and Guarantees MATERIAL SPECIFICATIONS 23 11 27 LP Gas Piping 23 13 00 Above Ground LP Tanks 23 18 10 LP Gas Vaporizer 5 5 8 2 8 7 2 REFERENCE DRAWINGS C101 CENTRAL HEATING PLANT PROPOSED SITE PLAN PL100 CENTRAL HEATING PLANT PLUMBING PIPING PLAN END OF SECTION 00 01 10 UMF CHP LP Gas Tank 00 01 10 – 2 Table of Contents University of Maine System REQUEST FOR PROPOSALS (RFP) RFP # 23-16 Central Heating Plant Liquid Propane Gas Tank System University of Maine at Farmington ISSUE DATE: October 13th, 2015 PROPOSALS MUST BE RECEIVED BY: November 5th, 2015 – 2:00 PM REQUEST FOR PROPOSALS SUMMARY The University of Maine System on behalf of the University of Maine at Farmington (“University”) is soliciting proposals for a propane storage and delivery system with stanchion and vaporizer from qualified Suppliers. SCOPE This RFP is intended to solicit proposals to furnish and install propane storage and delivery equipment, including but not limited to: 1. The supplier firstly recognizes that this RFP is paired with the ongoing installation of UMF’s new biomass central heating plant, scheduled for completion in January of 2016. As such, the supplier can expect a significant amount of coordination will be required for both technical aspects of the installation and logistical access to the site to enable the scope included herein. 2. Detailed arrangement drawings showing all system components drawn to scale for coordination and shall be submitted for Owner review and approval prior to starting work. Plans to be sealed by a Maine licensed professional engineer as required. 3. Product material submittals for Owner review and approval on: a. LP Gas Tank b. Vaporizer c. Stanchion d. Gas Piping e. Leak Detection System 4. Filing all required local, state and federal permit applications required for the installation, including all fees. Including, but not limited to: a. Maine Fuel Board b. Town of Farmington 5. Provide a Fire Safety Analysis for the installation, per NFPA 58. Coordinate with Owner for review by Authority Having Jurisdiction and the Town of Farmington Fire Chief. 6. One (1) new 18,000 gallon water capacity propane storage tank including: a. Indicating dial thermometer b. 0-300 psi gauge c. Magnitel, liquid and vapor shut-off valves d. Nitrogen-activated internal valves and relief valves with 7' risers and weather caps. 7. One (1) Algas Q480V water bath vaporizer, or approved equal, capable of providing up to 40 MMBtu/hr. of liquid-free gas at a delivery pressure of 10 PSI. 8. One (1) new transport unload stanchion in accordance with the latest edition of NFPA Pamphlet 58 specifications for vapor return and liquid fill lines. The stanchion would be installed approximately 10' from the tank, and sized accordingly. 9. All mechanical piping associated with connection of the tank, vaporizer and fill-station stanchion 10. All gas piping (3” diameter) from the tank, to the vaporizer, to the central heating plant, and terminating at the building entrance, as specified in site plans. This includes all regulators, reducers, valves and other appurtenances are required by code. Also includes excavation, proper backfill material, and burial marking tape. 2|Page 11. Paint all exposed gas piping OSHA Safety Yellow, and label as “LP Gas”. 12. All electrical wiring association with the connection of the vaporizer, leak detection system, and signal back to UMF. Also includes all grounding, dielectric couplers, etc. as required by code. 13. Structural concrete foundation required to support tank, including site work (excavation and backfill) 14. 6’ high chain link fence with doors for access, egress and tank filling. 15. Traffic bollards around tank, spacing per updated Maine Fuel Gas Code (3’-0” MAX spacing). Bollards to be primed steel pipe filled with concrete and embedded in a concrete Sonotube foundation to a depth below frost line. Provide replaceable yellow plastic slip covers for each bollard. 16. Emergency shut down system with nitrogen-activated pneumatic releases and two (2) shut-offs. One (1) shut-off shall be located at the stanchion and one (1) shut-off will be located at a distance of 25’ but no greater than 100’ from the tank. 17. Metering devices for monitoring by University staff, which can be remotely monitored by the campus building management system. Meters should be capable of retrofit to provide data output via the BACnet communication protocol connected to a Tracer SC system. The Supplier will be required to design and install the proposed facility and shall perform its obligations under this Agreement in full compliance with all Federal, State, and local laws, rules, and regulations, including but not limited to those laws, rules, and regulations stated herein: • • • • • • • • • Maine Public Utilities Commission Regulations, Chapters 420 and/ or 421 49CFR192 and/ or 49CFR193 of the Code of Federal Regulations NFPA 54, 55, 58, and 101 Maine Uniform Building and Energy Code Maine Fuel Board Rules OSHA Safety regulations with regards to construction and operations MDOT and Federal regulations regarding transport, delivery, and unloading of heating fuel products University of Maine System and Campus requirements and stipulations regarding design and construction on these campuses Any other code, regulation or local ordinance that may bear on this scope of work Subsequent Sections of the RFP include additional technical data, material specifications, and Central Heating Plant Drawings for reference and incorporation into the Supplier’s proposal. The University will also entertain proposals for alternative but comparable equipment which meets all of the requirements outlined above and contained in this solicitation package. Regardless of the proposal, the form of this contract will be a construction contract in the form provided in accompanying sections. All costs of the installation will be paid according to the terms of the construction contract. SITE VISIT A mandatory pre-bid site visit will be held on Thursday, October 22nd, 2015 at 10:00 AM. Meet at UMF Parking Lot 9 on Quebec Street. 3|Page COMMUNICATION WITH THE UNIVERSITY It is the responsibility of the supplier to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP. Addenda will also be posted on our web site, www.maine.edu/strategic/upcoming_bids.php. The University will not be bound by oral responses to inquiries or written responses other than addenda. Inquiries must be made via email to: Thomas W. Perkins, PE [email protected] Designated Owner’s Representative for Office of Strategic Procurement University of Maine System 16 Central Street Bangor, Maine 04401 EVALUATION CRITERIA Proposals will be evaluated on many criteria deemed to be in the University’s best interests, including, but not limited to, cost, technical merit, quality and responsiveness of the proposal, quality of the proposed installation, company history and experience, and best computed overall value to the University. The University will not consider non-responsive proposals, i.e., those with material deficiencies, omissions, errors or inconsistencies. AWARD OF PROPOSAL Presentations may be requested of two or more suppliers deemed by the University to be the best suited among those submitting proposals on the basis of the selection criteria. After presentations have been conducted, the University may select the proposal which, in its opinion, is the most responsive and most responsible and may award the contract to that supplier. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University, will not be considered in the evaluation of proposals. The University reserves the right to reject any or all proposals, in whole or in part and is not necessarily bound to accept the lowest cost proposal if that proposal is contrary to the best interests of the University. The University may cancel this RFP or reject any or all responses in whole or in part. Should the University determine in its sole discretion that only one supplier is fully qualified, or that one supplier is clearly more qualified than any other under consideration, a contract may be awarded to that supplier without further action. AWARD PROTEST Suppliers may appeal the award decision by submitting a written protest to the University of Maine System’s Director of Strategic Procurement within five (5) business days of the date of the award notice, with a copy of the protest to the successful supplier. The protest must contain a statement of the basis for the challenge. 4|Page CONFIDENTIALITY The information contained in proposals submitted for the University's consideration will be held in confidence until all evaluations are concluded and an award has been made. At that time, the winning proposal will be available for public inspection. Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. The University will honor requests for confidentiality for information of a proprietary nature to the extent allowed by law. Clearly mark any information considered confidential. The University must adhere to the provisions of the Maine Freedom of Access Act (FOAA), 1 MRSA §401, et seq. As a condition of accepting a contract under this section, a contractor must accept that, to the extent required by Maine FOAA, responses to this solicitation, and any ensuing contractual documents, are considered public records and therefore are subject to freedom of access requests. COSTS OF PREPARATION Supplier assumes all costs of preparation of the proposal and any presentations necessary to the proposal process. DEBARMENT Submission of a signed proposal in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status. PROPOSAL UNDERSTANDING By submitting a proposal, the supplier agrees and assures that the specifications are adequate, and the supplier accepts the terms and conditions herein. Any exceptions should be noted in your response. . Notwithstanding a Supplier’s apparent low bid price or any provision to the contrary herein, any conditions or exceptions that Supplier places upon the University’s terms and conditions shall be weighed as part of the evaluation criteria for bid award. PROPOSAL SUBMISSION A SIGNED original and 5 COPIES of the proposal must be submitted to the Facilities Management Office at UMF, in a sealed envelope by 2:00 PM on November 5th, 2015. to be date stamped by the Facilities Management office in order to be considered. Other bid submission requirements are also applicable, per subsequent sections of this RFP. Normal business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. The ELECTRONIC COPY of the proposal must be provided on CD or flash drive with the complete proposal submission in Adobe Acrobat PDF format. Suppliers may wish to check http://www.maine.edu/alerts/ to determine if University operations have been suspended. Proposals received after the due date will be returned unopened. There will be no public opening of proposals (see Confidentiality clause). In the event of suspended University operations, proposals will be due the next business day. Suppliers are strongly encouraged to submit proposals in advance of the due date to avoid the possibility of missing the due date because of unforeseen circumstances. Suppliers assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of 5|Page proposal. Additional time will not be granted to any single vendor, however additional time may be granted to all vendors when the University determines that circumstances require it. FAXED OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. The envelope must be clearly identified on the outside as follows: Name of Supplier Address of Supplier Due Date RFP #23-16 TIMEFRAME The timeframe for this proposal is as follows: RFP Advertisement and Solicitation: October 15, 2015 RFP Due Date: November 5, 2015 RFP Selection: November 12, 2015 Installation Start: December 1, 2015 Installation Complete: January 1, 2016 6|Page SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids in envelopes plainly marked: UMF Central Heating Plant LP Gas Tank System addressed to: University of Maine at Farmington Office of Facilities Management c/o Jeffrey McKay, Director of Facilities Management Farmington Falls Road Farmington ME 04938 will be received until 2:00 PM on Thursday, November 5th, 2015, at which time the Bids will be opened and read aloud in UMF Facilities Management Conference Room, Farmington Falls Road, Farmington Maine. Bids received after the stated time will not be considered and will be returned unopened. Bids must be accompanied by a satisfactory Bid Bond for 5% of the Bid (checks will not be accepted) which shall be in conformity with the form of Bond contained in Section 00 43 13 of the Specifications. The University reserves the right to waive all formalities and reject any or all bids or to accept any bids. The successful Bidder will be required to furnish a 100% Performance Bond and a 100% Payment Bond to cover the execution of the Contract which shall be in conformity with the form of Bonds contained in Sections 00 61 13.13 and 00 61 13.16, respectively, of the Specifications and shall be for the Contract amount. All Bidders must attend a mandatory pre-bid meeting at the Project Site, located at Parking Lot 9 at University of Maine at Farmington, on Thursday, October 22, 2015 at 10:00 AM. Attendance at this meeting by Bidders or qualified representative is a mandatory prerequisite for the acceptance of a bid. This will be the only time the site will be available for inspection. Copies of solicitation documents will not be available at the pre-bid meeting. Acquiring or reviewing those documents prior to the meeting is advised. Project Summary: Furnish and install one (1) 18,000 Gallon LP Gas Propane Tank System and appurtenances, which will provide backup fuel to the new Central Heating Plant, current scheduled to go online in January 2016. The electronic documents (.pdf) may be examined and downloaded at the following site: http://www2.umf.maine.edu/facilities/advertisements/ In complying with the letter and spirit of applicable laws and pursuing its own goal of diversity, the University of Maine System shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin, citizenship status, age, disability, genetic information, or veterans status in employment, education, and all other areas of the University System. The University provides reasonable accommodations to qualified individuals with disabilities upon request. General contractors, subcontractors, and product suppliers bidding on this project must subscribe and adhere to same. UNIVERSITY OF MAINE AT FARMINGTON Laurie Gardner, Chief Business Officer, for University of Maine System Board of Trustees END OF SECTION 00 11 13 UMF CHP LP Gas Tank 00 11 13 – 1 Advertisement for Bids SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents, including all addenda. The failure or omission of any bidder to receive or examine any form, instrument, or document shall not relieve any bidder from any obligation in respect to the bid. The Owner reserves the right to accept or reject any or all bids as may best serve the interests of the University of Maine System. 2. Subject to the University System’s right, reserved herein, to accept or reject any or all bids, the General Contractor will be selected on the basis of the sum of the lowest base bid, plus such of the alternates as the University System desires to use. 3. The University System is exempt from the payment of Federal Excise Taxes on articles not for resale and the Federal Transportation Tax on all shipments. The Contractor shall quote less these taxes. Upon application, exemption certificates will be furnished when required. 4. No proposal may be withdrawn during a period of thirty (30) calendar days immediately following the opening thereof. 5. No contract may be assigned, sublet or transferred without the written consent of the University of Maine System. 6. All individuals not residents of this State must comply with the provisions of 14 MRSA §704-A. 7. The successful bidder, or bidders, will be required to furnish 100% Contract Bonds to cover the execution of the contract, in accordance with Article 11 of the AIA Document A201 – 2007 General Conditions of the Contract for Construction. 8. Contractors may be required to furnish a statement of their business experience, record of accomplishments, and financial responsibility, at the discretion of the University System. 9. The base bid shall be based on the materials, methods, equipment and products, as specified. 10. Bidders shall submit the bid on the Bid Form provided in the Specifications, Section 00 41 13. 11. Any materials, methods, equipment and products not herein specified, but worthy of consideration by any General or Subcontractor, may be introduced by a separate letter attached to the regular bid. The Bidder shall state the cost comparison with the specified materials, methods, equipment and products, and the reason for the suggested substitution. It shall be understood by all bidders that the attached letter proposing substitutions shall not be used to determine the low bidder and that all bids are based on specified products. 12. Telegraphic or facsimile proposals will not be considered, but modification of proposals already submitted will be considered if received prior to the hour set for receipt of proposals. If the telegram or facsimile discloses the amount of the proposal, the proposal will be declared invalid. The bidder bears full responsibility to assure that the correction is delivered to the proper location and within the time required. 13. Where a bidder wishes a product to be considered an “approved equal” for bidding purposes, the product, along with all supporting documentation, shall be submitted to the architect for review a minimum of 10 calendar days prior to the bid opening date or the file bid due date, if file bids are required on the project. Products which are determined to be an “approved equal” for bidding purposes shall be listed in an addendum issued so as to be received by bidders no less than 72 hours prior to the bid date or the file bid due date if file bids are required. 14. Where the Bid Form requires the tabulation of subcontractors other than “File Bidders,” the Bidder shall list the name of the firm the bidder intends to use in the event the bidder receives the contract award. UMF CHP LP Gas Tank System 00 21 13 – 1 Instructions to Bidders 15. Bidders may appeal the award decision by submitting a written protest to the University of Maine System Director of Facilities within five (5) business days of the date of the award notice (Notice of Award) with a copy of the protest to the successful bidder. The protest must contain a statement of the basis for the challenge. END OF SECTION 00 21 13 UMF CHP LP Gas Tank System 00 21 13 – 2 Instructions to Bidders SECTION 00 41 13 BID FORM – SHORT FORM BIDDER: Physical/Street Address City, State ZIP University of Maine at Farmington Office of Facilities Management c/o Jeffrey McKay, Director of Facilities Management Farmington Falls Road Farmington ME 04938 Having carefully examined the form of contract, general conditions and plans and specifications contained therein for UMF Central Heating Plant LP Gas Tank System, as well as the premises and conditions affecting the work, we the undersigned propose to furnish all labor, equipment and materials necessary for and reasonably incidental to the construction and completion of this contract for the sum of Dollars ($ ). Alternate prices as follows: Alternate 1 DEDUCT FOR LEAK DETECTION SYSTEM $ Alternate 2 DEDUCT FOR WOOD POST BOLLARDS $ Alternate 3 DEDUCT FOR CONCRETE BARRICADES IN LIEU OF BOLLARDS $ This proposal includes the cost of 100% Performance Bond plus 100% Payment Bond. The receipt of the following addenda to plans and specifications is hereby acknowledged: ADDENDUM # DATED ADDENDUM # DATED ADDENDUM # DATED DATED ADDENDUM # Any material or materials not specified in the bidding document but worthy of consideration may be introduced by the bidder by a separate letter attached to this Bid. A cost comparison must be included giving the comparison with the Material specified and the reason for the suggested substitution. The basic bid shall be as specified. The undersigned agrees, if this Bid is accepted to sign a contract and deliver it, along with the bonds and affidavits for all insurance specified within twelve (12) calendar days after the date of notification of such acceptance, except if the 12th day falls on a Saturday, Sunday or holiday, then the conditions will be fulfilled if the required documents are received before 12 o’clock noon on the day following the holiday, or the Monday following the Saturday or Sunday, and as a guarantee thereof, herewith submits a bid bond as required. The undersigned agrees, if awarded the Contract, to complete the work on or before . The undersigned also agrees, if awarded the Contract, that no more than 80% of the contract amount will be sublet to other contractors. Signed (by individual authorized to sign contract) By (printed name & title) Phone PO Box (if applicable) Email NOTE: If bidder is a corporation, write State of Incorporation, and if a partnership, give full names of all partners. END OF SECTION 00 41 13 UMF CHP LP Gas Tank System 00 41 13 – Page 1 October 10, 2015 SECTION 00 43 13 BID SECURITY FORM KNOW ALL BY THESE PRESENTS, THAT WE, the undersigned, as PRINCIPAL , and as SURETY, are hereby held and firmly bound unto the Treasurer of the UNIVERSITY OF MAINE SYSTEM in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, signed this day of , 20 . The condition of the above obligation is such that whereas the Principal has submitted to UNIVERSITY OF MAINE AT FARMINGTON a certain proposal, attached hereto and hereby made a part hereof, to enter into a contract in writing for the UMF CHP LP Gas Tank System. NOW THEREFORE, (a) If said proposal shall be rejected, or, in the alternate (b) If said proposal shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto (properly completed in accordance with said proposal) and shall furnish a bond for faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said proposal, then this obligation shall be void, otherwise the same shall remain in force and effect: It being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the principal may accept such proposal: and said Surety does hereby waive notice of any such extension. In the event suit is brought upon this bond by the Treasurer of the UNIVERSITY OF MAINE SYSTEM, Surety shall pay reasonable attorneys’ fees and costs incurred by the Treasurer of the UNIVERSITY OF MAINE SYSTEM in such suit. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set above. PRINCIPAL: By: L.S. SURETY: SURETY ADDRESS: By: L.S. **DO NOT ALTER LANGUAGE** END OF SECTION 00 43 13 UMF CHP LP Gas Tank System 00 43 13 Page 1 June 26, 2015 SECTION 00 51 00 NOTICE OF AWARD DATE [Contractor] [Company] [address] [City ST ZIP] RE: NOTICE OF AWARD – NAME OF PROJECT UNIVERSITY OF MAINE AT FARMINGTON, FARMINGTON, MAINE Dear [Contractor]: You are hereby notified that the University of Maine at Farmington, acting on behalf of the University of Maine System, accepts your Bid of $??.00 for the above named project, subject to final resolution of any bid protests and the parties’ ability to establish and confirm final terms, as well as the execution of a written contract and your furnishing satisfactory bonds within twelve (12) calendar days as provided in the bidding documents. This Notice of Award will permit you to proceed with the ordering of materials and scheduling the work so that the project can be completed on time. Should you fail to execute a contract or furnish satisfactory bonds within the stipulated time, the bid bond accompanying your proposal will be forfeited to the University of Maine System as liquidated damages. Enclosed are four (4) originals of your contract agreement for signature. Further, please have your surety provide four (4) originals each of the Performance Bond and the Payment Bond, as prescribed in Sections 00 61 13.13 and 00 61 13.16 of the bid document, and a properly executed “Power of Attorney.” Please advise your surety agent that the bonds should carry the same date as this Notice of Award and the Contract Agreement. All originals of the signed contract, bonds and insurance certificates should be forwarded directly to Jeffrey McKay in the Office of Facilities Management at the address listed on this letterhead. Once they are completely signed, a bound copy of the contract will be returned for your use. Prior to the start of any work on the construction site, Facilities Management must receive Certificates of Liability Insurance as specified in Article 11 of the AIA Document A201 – 2007 General Conditions of the Contract for Construction and Section 00 73 00.01 University of Maine Supplementary Conditions. Please advise your surety that the certificate holder should be as follows: University of Maine System; 16 Central Street; Bangor, Maine 04401. The day-to-day administrative and technical details of this project will be handled by the Architect, [Architect]; [Address]; [Phone]. All correspondence relative to the day-to-day administration of the project should be directed to [Architect]. A pre-construction conference on this project will be scheduled as soon as possible. This conference must be attended by your firm’s authorized representative as well as your project superintendent. Sincerely, Laurie Gardner Executive Director for Finance and Administration Enclosures cc: UM System Office END OF SECTION 00 51 00 SECTION 00 52 13 UNIVERSITY OF MAINE SYSTEM CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT made the day of , in the year Two Thousand and , by and between the Contractor and the University of Maine System, acting by and through the University of Maine at Farmington, Office of Facilities Management, Farmington Falls Road, Farmington ME 04938, hereinafter called the Owner. WITNESSETH: That the Owner and the Contractor for the considerations hereinafter named agree as follows: ARTICLE 1: SCOPE OF THE WORK The Contractor shall furnish all of the materials and perform all of the work described in the Contract Documents entitled UMF CHP LP GAS Tank System by Competitive Energy Services, LLC and Dirigo Architectural Engineering, LLC, Dirigo is acting as and in these Contract Documents entitled by Owner’s Representative, and Architect/Engineer as it relates to non-design related and contractual items. ARTICLE 2: START AND TIME OF COMPLETION The date of commencement of work shall be the date of this Agreement or the following date and shall be subject to adjustments as substantially completed on or before January 1, 2016 provided in the Contract Documents. The Contractor and the Contractor’s Surety, if any, shall be liable for and shall pay the Owner the following stipulated liquidated damages for each calendar day of delay after the date established for Substantial Completion until the Work is substantially complete: $675.00 per day ARTICLE 3: THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract as follows Dollars ($ ) The Contract Sum is based upon the following alternatives and Unit Prices, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alternate (1) Alternate (2) Alternate (3) Unit Prices: Item: N/A Item: N/A Price: Price: Final payment shall be made after completion and acceptance of the work as provided in the Contract Documents. ARTICLE 4: THE CONTRACT DOCUMENTS .1 .2 .3 .4 .5 .6 This Agreement. AIA Document A201 – 2007 General Conditions of the Contract for Construction, as modified by University of Maine System 00 73 00.01 Supplementary Conditions to A201 – 2007. The Specifications as outlined in the Project Manual The Drawings as listed in the Project Manual. The Addenda – (List the addenda and dates issued). Other documents, if any: (List any other documents that are intended to be part of the Contract). UMF CHP LP Gas Tank System 00 52 13 Page 1 October 10, 2015 ARTICLE 5 : OWNE R’ S REPRESENTATIVES The Owner’s Representative on this project will be Laurie Gardner, Chief Business Officer, who is authorized to sign contracts and other legal documents related to this project on behalf of the Owner. The Owner’s Project Manager on this project will be Thomas W. Perkins, PE, Dirigo A/E The Owner and the Contractor hereby agree to the full performance of the covenants herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in and year first above written. UNIVERSITY OF MAINE SYSTEM quadruplicate on the day CONTRACTOR By: By: Laurie Gardner Chief Business Officer University of Maine at Farmington Name Title Witness Witness END OF SECTION 00 52 13 UMF CHP LP Gas Tank System 00 52 13 Page 2 October 10, 2015 SECTION 00 61 13.13 PERFORMANCE BOND FORM _______________________________ Bond No. KNOW ALL BY THESE PRESENTS THAT (1) (2) of and State of and (3) a corporation duly organized under the laws of the State of having a usual place of business in and firmly bound unto the University of Maine System in the sum of , as PRINCIPAL, , and , as SURETY, are held Dollars ($ ), to be paid said Treasurer of the University of Maine System, or successor in office, for which payment well and truly to be made, Principal and Surety bind themselves, their heirs, executors and administrators, successors and assigns, jointly and severally by these presents. The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract entered into on the (4) day of , A.D., 20 for the construction of (5) then this obligation shall be null and UMF CHP LP Gas Tank System void; otherwise, it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the University of Maine System. Signed and sealed this (4) WITNESSES: day of , 20 . SIGNATURES: LS LS LS Bonding Company Agent: Company: Street: City, State, Zip: Telephone: (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Same date as that of contract. (5) Name of Project as designated in contract. If Contractor is a partnership, all partners should execute bond. A Power of Attorney document, together with a statement that it still is in effect shall be provided by the person executing this bond. Bond must be countersigned by a Resident Maine Agent. **DO NOT ALTER LANGUAGE** END OF SECTION 00 61 13.13 SECTION 00 61 13.16 PAYMENT BOND FORM _______________________________ Bond No. KNOW ALL BY THESE PRESENTS THAT (1) (2) of and State of and (3) a corporation duly organized under the laws of the State of having a usual place of business in and firmly bound unto the University of Maine System in the sum of , as PRINCIPAL, , and , as SURETY, are held Dollars ($ ), for the use and benefit of claimants* as herein below defined, for the payment whereof Principal and Surety bind themselves, their heirs, executors and administrators, successors and assigns, jointly and severally by these presents. The condition of this obligation is such that if the Principal shall promptly satisfy all claims and demands incurred for all labor and materials, used or required by the Principal in connection with the work contemplated in the Contract entered into on the (4) day of , A.D., 20 for the UMF CHP LP Gas Tank System construction of (5) and shall fully reimburse the obligee for all outlay and expense which said obligee may incur in making good any default of said principal, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. *A Claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract. Signed and sealed this (6) WITNESSES: day of , 20 . SIGNATURES: LS LS LS Bonding Company Agent: Company: Street: City, State, Zip: Telephone: (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Same date as that of contract. (5) Name of Project as designated in contract. (6) Same date as that of Contract. If contractor is a partnership, all partners should execute bond. A Power of Attorney document, together with a statement that it still is in effect shall be provided by the person executing this bond. Bond must be countersigned by a Resident Maine Agent. **DO NOT ALTER LANGUAGE** END OF SECTION 00 61 13.16 SAMPLE UMF Lockwood Hall UMF Science Laboratory Renovation Phase 1 Kitchen Renovation 00 62 16 00Page 62 116 - 1 June 26, 2015 Supplemental Attachment for ACORD Certificate of Insurance Form 00 62 16.10 ACORD TM DATE (MM/DD/YY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER INSURERS AFFORDING COVERAGE INSURED INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY EFFECTIVE DATE (MM/DD/YY) POLICY NUMBER POLICY EXPIRATION DATE (MM/DD/YY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR AUTOMOBILE LIABILITY pl ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION Sa m NON-OWNED AUTOS $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ e GEN’L AGGREGATE LIMIT APPLIES PER: PROPOLICY LOC JECT LIMITS WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC $ AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WC STATUTORY LIMITS OTHER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS University of Maine System is named an additional insured under General Liability. Project: UMF Science Laboratory Renovation CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL University of Maine System 16 Central Street Bangor ME 04401 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) UMF Science Laboratory Renovation c ACORD CORPORATION 1988 O 00 62 16.10 - 1 Certificate of Insurance Form 00 62 16.10 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER Sa m pl e The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) UMF Science Laboratory Renovation 00 62 16.10 - 2 Certificate of Insurance Form 00 62 16.11 COMMERCIAL GENERAL LIABILITY CG 00 01 12 04 COMMERCIAL GENERAL LIABILITY COVERAGE FORM e b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. Sa m pl Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II – Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 1 of 15 00 62 16.11 e c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". Sa m pl e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Page 2 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 00 62 16.11 e (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". Sa m pl f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 3 of 15 00 62 16.11 e (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; Sa m pl (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or Page 4 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 00 62 16.11 e n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and Sa m pl (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "productscompleted operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "productscompleted operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 5 of 15 00 62 16.11 e g. Quality Or Performance Of Goods – Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of websites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. l. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. Sa m pl (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". Page 6 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 00 62 16.11 e b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Sa m pl m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 7 of 15 00 62 16.11 e (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I – Coverage A – Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II – WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. Sa m pl c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All costs taxed against the insured in the "suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; Page 8 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 00 62 16.11 e (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Sa m pl d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 9 of 15 00 62 16.11 e 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or Sa m pl 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. Page 10 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 00 62 16.11 e When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. Sa m pl b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 11 of 15 00 62 16.11 3. e 4. b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or Sa m pl 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web-sites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or Page 12 of 15 5. 6. 7. 8. © ISO Properties, Inc., 2003 CG 00 01 12 04 00 62 16.11 e 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": Sa m pl b. Your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 13 of 15 00 62 16.11 e 16. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products-completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or Sa m pl (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Page 14 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 00 62 16.11 e 21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. Sa m pl b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 15 of 15 00 62 16.12 00 62 16.13 00 62 16.14 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): b. Claims made or “suits” brought; or c. Persons or organizations making claims or bringing “suits”. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated “location”. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated “location” shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. Sa m pl A. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single designated “location” shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated “location”, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”, and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; e (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CG 25 04 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 o 00 62 16.14 C. When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: “Location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Sa m pl e B. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to operations at a single designated “location” shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 04 03 97 o SAMPLE SAMPLE SECTION 00 62 76.13 SALES TAX FORM DATE: VENDOR: Vendor Name Vendor Address Vendor City, State Zip I hereby certify under penalties of perjury, that: I am engaged in the performance of a construction contract on a project for the University of Maine System which is a Sales Tax exempt organization under the Maine Sales and Use Tax Law, Section 1760, subsection 2 and 16: This project is titled: UMF CHP LP Gas Tank System Project Title The project is located at: UNIVERSITY OF MAINE AT FARMINGTON; FARMINGTON, MAINE Campus Name or Town This certificate is issued to cover purchases of materials that will be permanently incorporated into the real property belonging to the exempt organization or government agency indicated above. Signed: Authorized Signature Name &Title: Firm Name: Firm Address: Firm City, State Zip END OF SECTION 00 62 76.13 SAMPLE 00 62 79 STORED MATERIALS University of Maine 5765 Service Building Orono ME 04469-5765 Project Title: UMF CHP LP Gas Tank System Location: University of Maine at Farmington; Farmington ME Contractor: Materials and/or equipment (hereinafter “Materials”) that have not yet been incorporated into the work may be delivered and suitably stored, at the site or some other location agreed upon by the Owner. The Materials listed below have been estimated at 100% of the cost and will be stored at . The Owner will reimburse the Contractor based upon the prices included on the Schedule of Values Form, 00 62 73(AIA G703), less the cost of installation. The Contractor must complete sufficient copies of this Stored Materials Form, 00 62 79, to accompany the Application for Payment. The Contractor shall secure the signature of its bonding company on all forms and shall also provide a Power of Attorney from the bonding company. SCHEDULE Qty Material/Equipment Item in AIA G703 Item No Unit Wholesale Price Extended Wholesale Price Unit Price Total Surety Power of Attorney Must be Attached By: Attorney-in-Fact Date: BILL OF SALE The Contractor, , (will store/has stored) certain Materials (at the site of this project/at an approved warehouse/at bonded warehouse) and will be paid in accordance with the provisions of the General Conditions of the Contract for Construction. In consideration of the sum of $ paid to the contractor by the Owner, and, incompliance with the provisions of the Contract, and, with the intention to be legally bound, the Contractor does hereby grant, bargain, sell and deliver unto the Owner, it successors and assigns, all and singular, the Materials described in the schedule above. The Contractor agrees that: 1. Contractor has good title to the Materials, free and clear of all liens and encumbrances, and title is granted to the Owner; 2. The Materials will be used only in the construction of the above referenced project, under the provisions of the Contract, and will not be diverted elsewhere without the prior written consent of the Owner; UMS Form ver 1.0 06/02/2010 Page 1 of 2 00 62 79 3. The Materials have been delivered to and are at the places approved for storage, and they are clearly marked and identified as the property of the Owner and are stored in a safe and secure manner to protect from damage or loss; 4. The Contractor will pay all expenses in connection with the sale, delivery, storage, protection and insurance of Materials granted to the Owner. 5. The Contractor will remain responsible for the Materials, which will remain under its custody and control for all losses, and will fully indemnify the Owner for the cost of the Materials should the Materials be lost or damaged or stolen, regardless of exclusions in insurance policies required under this document. The contractor has insured the Materials against loss or damage by fire (with extended coverage), theft and burglary, with loss payable to the Owner; 6. The Contractor agrees that the quantities of Materials set forth in the Schedule of Values Form represents the maximum quantities for which it may be entitled to payment under the provisions of the contract; 7. The following information is included with this form: (1) An Application for Payment; (2) An invoice or copy of an invoice for Materials stored; (3) Evidence of payment, or when payment has not been made, a letter on the Contractor’s letterhead authorizing payment to be made jointly to the Contractor and the Supplier; (4) Photographs showing the stored Materials and its location; (5) a fire and theft insurance policy rider for the stored Materials. (6) a warehouseman’s receipt acknowledging that the Materials being stored at the warehouse are being held for the benefit of the Contractor or/or University. Witness: By: (SEAL) Principal/Contractor-Individual Witness: Principal/Contractor-Individual (SEAL) (SEAL) (SEAL) (SEAL) Attest: Principal/Contractor-Corporation By: Secretary UMS Form ver 1.0 06/02/2010 President Page 2 of 2 SAMPLE SAMPLE SAMPLE SAMPLE SAMPLE SAMPLE SECTION 00 65 19 CERTIFICATE OF COMPLETION FORM (Final) DATE: PROJECT NAME: UMF CHP LP Gas Tank System SUBSTANTIAL COMPLETION DATE: FINAL COMPLETION is defined, in accordance with Article 9 of the A201 General Conditions of the Contract for Construction, as the date certified by the Architect when all the Work of the Project is fully complete, the Close-Out requirements of Paragraph 9.10 of the General Conditions have been completed, including the CloseOut Meeting and approval of Close-Out by the Architect, in accordance with Subparagraph 9.10.2, and the Contract fully performed in accordance with the Contract Documents, and the Contractor entitled to final payment. The CONTRACTOR certifies that the Work is fully completed and was completed on or before 20 , and submits herewith: Application for Final Payment (AIA G702) Affidavit of Payments (AIA G706) Consent of Surety (AIA G707) Releases of Liens (AIA G706A) Waiver of Lien CONTRACTOR: By: Date: Name: The ARCHITECT has inspected the Work and has determined that the Date of Final Completion was , 20 . ARCHITECT: By: Date: Name: The OWNER hereby accepts the Work as fully complete and will make final payment. OWNER: By: Date: Jeffrey McKay Director of Facilities Management University of Maine at Farmington END OF SECTION 00 65 19 , SAMPLE SAMPLE SECTION 00 65 19.17 WAIVER OF LIEN DATE: State of Maine County of TO: Office of Facilities University of Maine System 16 Central Street Bangor ME 04401 SUBJECT: Project Name: UMF CHP LP Gas Tank System Project Location: UNIVERSITY OF MAINE AT FARMINGTON; FARMINGTON, MAINE Upon receipt of the sum of (being the balance due us under the existing contract or subcontract agreement for work on the Subject Project) the undersigned agrees that it will waive and release the University of Maine System from any and all lien or claim or right to lien on the Subject Project under the Statutes of the state of Maine relating to liens for labor, materials and/or subcontracts furnished for the Subject Project on premises belonging to the University of Maine System. Signed: Title: Firm Name: NOTARY Subscribed and sworn to before me this day of Signature Notary Public END OF SECTION 00 65 19.17 , 20 . SAMPLE SECTION 00 73 00.01 UNIVERSITY OF MAINE SYSTEM SUPPLEMENTARY CONDITIONS TO AIA A201 2007 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION § 1.1.8 Add the following: The Architect is the Initial Decision Maker for this Agreement. § 1.2.2 Add the following: Where the Procurement Requirements include provisions that portions of the Work be File Bid in accordance with the requirements of the Maine Bid Depository System, the subcontracts for these portions of the work will cover the same scope of work as defined by the Procurement Requirements and the File Bid and shall have the same contract amount as listed in the successful bid. § 1.5.1 Add the following: The provisions of this section shall not be deemed to modify the contract between the University of Maine System (the Owner) and the Architect under B102-2007 and B201-2007 and the University of Maine Supplementary Requirements to those documents regarding the Instruments of Service. § 1.5.2 Add the following: The provisions of this section shall not be deemed to modify the contract between the University of Maine System (the Owner) and the Architect under B102-2007 and B201-2007 and the University of Maine Supplementary Requirements to those documents regarding the Instruments of Service. § 2.1.1.1 Insert the following: § 2.1.1.1 For the purpose of this Contract, the Owner is defined as: University of Maine System; 16 Central Street; Bangor, Maine 04401 acting through its duly authorized agent. § 2.2.1 Delete in its entirety. § 3.4.2.1 Insert the following: § 3.4.2.1 After the Contract has been executed, the Owner and Architect may consider a formal request for substitution of products in place of those specified. The Owner shall deduct from the next payment made from the Contract Sum amounts paid to the Architect to evaluate the Contractor’s proposed substitutions and to make agreed-upon changes in the Drawings and Specifications made necessary by the Owner’s acceptance of the substitutions. By making requests for substitutions, the Contractor: .1 Represents that the Contractor has personally investigated the proposed substitute product and determined it is equal or superior in all respects to that specified; .2 Represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; .3 Certifies that the cost data presented is complete and includes all related costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and, .4 Will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be completed in all respects. § 3.4.4 Insert the following: § 3.4.4 If a wage scale prepared by the State of Maine Department of Labor, Bureau of Labor Standards, is included in the Contract Documents, such wage scale represents the minimum wages that must be paid in each category of labor employed on the project. University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 The provisions of Title 26 MRSA Chapter 15 Preference to Maine Workers and Contractors, apply to this project, including but not limited to: § 1310. Wage and benefits rates to be kept posted A clearly legible statement of all fair minimum wage and benefits rates to be paid the several classes of laborers, workers and mechanics employed on the construction on the public work must be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor subject to sections 1304 to 1313. § 1311. Wage and benefit record of contractor The contractor and each subcontractor in charge of the construction of a public work shall keep an accurate record showing the names and occupation of all laborers, workers and mechanics employed by them and all independent contractors working under contract with them in connection with the construction on the public works. The record must also show for all laborers, workers, mechanics and independent contractors the hours worked, the title of the job, the hourly rate or other method of remuneration and the actual wages or other compensation paid to each of the laborers, workers, mechanics and independent contractors. A copy of such a record must be kept at the job site and must be open at all reasonable hours to the inspection of the Bureau of Labor Standards and the public authority that let the contract and its officers and agents. It is not necessary to preserve those records for a period longer than 3 years after the termination of the contract. A copy of each such record must also be filed monthly with the public authority that let the contract. The filed record is a public record pursuant to Title 1, chapter 13, except that the public authority letting a contract shall adopt rules to protect the privacy of personal information contained in the records filed with the public authority under this section, such as Social Security numbers and taxpayer identification numbers. The rules may not prevent the disclosure of information regarding the classification of workers or independent contractors and the remuneration they receive. Such rules are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. § 3.4.5 Insert the following: § 3.4.5 If a wage scale prepared by the U.S. Department of Labor pursuant to the provision of the Davis-Bacon Act is included in the Contract Documents, such wage scale represents the minimum wages that must be paid in each category of labor on the project. The requirements and responsibilities within the Davis-Bacon Act apply to this project if a Davis-Bacon wage scale is included. § 3.4.6 Insert the following: § 3.4.6 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the Contractor agrees as follows: § 3.4.6.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, ancestry, age, disability, genetic information, or veteran’s status. Such action shall include, but not be limited to, the following: employment, upgrading, demotions, transfers, recruitment or recruitment advertising, layoffs or terminations, rates of pay or other forms of compensation, and selection for training, including apprenticeship. § 3.4.6.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, ancestry, age, disability, genetic information, or veteran’s status. § 3.4.6.3 The Contractor will send to each labor union or representative of the workers with which there is a collective or bargaining agreement in place, or other contract or understanding, whereby labor is being furnished for the performances of this Contract, a notice, as set forth in Attachment A attached hereto, to be provided by the University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 contracting department or agency, advising the said labor union or workers’ representative of the Contractor’s commitment under the provisions of the Contract, and shall post copies of the notice in conspicuous places available to employees and to applicants for employment. § 3.4.6.4 The Contractor will cause the foregoing provisions to be inserted in all contracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor. § 3.4.6.5 Contractors and subcontractors with contracts in excess of $50,000 will also pursue in good faith affirmative action programs. § 3.4.7 Insert the following: § 3.4.7 The Contractor and all subcontractors shall adhere to HP 960 LD 1314 and Sec 6 of Title 26 MRSA §1043, sub §11, ¶E, regarding the definition of “Independent Contractor.” § 3.6.1 Insert the following: § 3.6.1 The University of Maine System is exempt from payment of taxes under the Maine Sales and Use Tax Law Title 36 Section 1760 for taxes on materials that are permanently incorporated into the real property belonging to the University of Maine System. The University of Maine System is also exempt from the payment of Federal Excise Taxes on articles not for resale and from the Federal Transportation Tax on all shipments; exemption certificates for these taxes will be furnished when required. All quotations shall be less these taxes. The Contractor shall pay all other taxes that have been or are legally enacted. § 3.7.4 Replace existing § 3.7.4 with the following: § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and the Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15. § 3.10.1.1 Insert the following: § 3.10.1.1 The Contractor shall provide an updated Construction Schedule with each Application for Payment reflecting actual construction progress and activities. § 3.12.11 Insert the following: § 3.12.11 The Architect’s review of the Contractor’s submittals will be limited to examination of an initial submission and two (2) resubmittals. The Architect’s review of additional submittals will be made only with the consent of the Owner after notification by the Architect. The Owner shall deduct from the next payment made from the Contract Sum amounts paid to the Architect for evaluation of such additional submittals. § 3.15.3 Insert the following: § 3.15.3 Waste Management. The University is committed to a resource management strategy which reduces to a minimum the production of waste material while reusing, recycling or composting as much as possible of the remaining materials. Contractor should strive to identify opportunities to reduce, reuse or recycle waste from renovations or new construction, and will submit a construction waste management plan for the project. University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 § 4.1.1 Replace existing § 4.1.1 with the following: § 4.1.1 The Architect is a person or entity lawfully licensed to practice in the State of Maine. That person or entity is identified in the Agreement and is referred to throughout the Contract Documents as if singular in number. Whenever the prime professional designer for the Work is an Engineer, the term Architect, wherever used in these documents shall have the term Engineer substituted for the term Architect. The Engineer shall be lawfully licensed to practice engineering in the State of Maine or an entity lawfully practicing engineering identified as such in the Agreement. § 4.2.1 Replace existing § 4.2.1 with the following: § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner’s representative during construction until the date the final payment is due, and from time to time during the period for correction of Work described in Section 12.2, and until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 Replace existing § 4.2.2 with the following: § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, endeavor to guard the Owner against defects and deficiencies in the Work, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.2.1 The Contractor shall reimburse the Owner for compensation paid to the Architect for additional site visits made necessary by the fault, neglect as determined solely by the Owner, or request of the Contractor. The reimbursement shall be deducted from the next payment made from the Contract Sum following the Owner’s payment to the Architect. § 4.2.3 Delete the word “reasonably” from the first sentence. § 4.2.10 Replace existing § 4.2.10 with the following: § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in the contract between the Architect, AIA B102 and B2012007 and Supplementary Requirements to be incorporated in the Contract Documents and attached hereto as Exhibit A. § 5.2.1 Insert the following: § 5.2.1.1 The Contractor shall provide the Owner a list of all subcontractors and independent contractors on the job site and a record of the entity to whom that subcontractor or independent contractor is directly contracted and by whom that subcontractor or independent contractor is insured. The list shall be presented at the preconstruction meeting and, when changes occur, at each requisition meeting as necessary. § 5.2.1.2 Where the use of the Maine Bid Depository was required by the Procurement Requirements, Subcontractors included in the Contractor’s Proposal shall be the Subcontractors for the defined Work unless a change has been approved by the Owner. § 7.1.4 Insert the following: § 7.1.4 The combined overhead and profit included in the total cost to the Owner of a change in the Work shall University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 be based on a previously agreed upon unit pricing or on the following schedule allowing for appropriate allowances for contract duration: .1 For the Contractor, for Work performed by the Contractor’s own forces, 20% of the cost. .2 For the Contractor, for Work performed by the Contractor’s Subcontractors, 10% of the amount due the Subcontractors. .3 For each Subcontractor involved, for Work performed by the Subcontractor’s own forces, 20% of the cost. .4 For each Subcontractor involved, for Work performed by the Subcontractor's Sub-subcontractors, 10% of the amount due the Sub-subcontractor. .5 Costs to which overhead and profit are to be applied shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; and, .4 Costs of premiums for all bonds, insurance, permit fees, and sales, use or similar taxes related to the Work. § 7.1.5 Insert the following: § 7.1.5 When there is only an extension of Contract Time, the Contractor delay claim is limited to additional costs related to supervision and field office personnel, which may be included in the overhead and profit calculation. § 7.1.6 Insert the following: § 7.1.6 In order to facilitate checking of quotations, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they are to be itemized also. In no case will a change be approved without such itemization. § 9.3.1 Add the following: The forms for application of payment, duly notarized, shall be the current authorized edition of AIA Document G702, Application for Payment, supported by a current authorized edition of AIA G703, Continuation Sheet. § 9.3.1.3 Insert the following: § 9.3.1.3 The provisions of Title 5 MRSA § 1746, as amended, pertain to this project. The Owner shall retain five percent (5%) of each payment due the Contractor as part of the security for the fulfillment of the Contract Agreement by the Contractor, the Contractor shall not withhold a greater percentage from subcontractors. The Owner may, if deemed expedient by the Owner, cause the Contractor to be paid temporarily or permanently from time to time during the progress of the Work, such portion of the amount retained as the Owner deems prudent or desirable. § 9.5.1 The word “shall” will be substituted for the word “may” in all places in § 9.5.1. § 9.5.1.1 Replace existing § 9.5.1 with the following: § 9.5.1.1 Defective Work, i.e. Work that does not conform to the requirements of the Contract, shall include, but not be limited to, non-conforming Work, disputed Work, incomplete Work, and unacceptable Work, which is not remedied. § 9.5.1.1.1 Insert the following: § 9.5.1.1.1 The Architect shall deduct and withhold from any certification for payment an amount equal to one hundred and fifty percent (150%) of the value of any defective Work. University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 § 9.6.8 Insert the following: § 9.6.8 All Progress Payments and Final Payment are subject to the requirements of the “Maine Prompt Pay Act” Title 10 MRSA § 201-A, as amended. Payments shall be made on a timely basis in accord with the requirements of this Statute; however, the Contractor waives interest on any late payment. § 9.10.1.1 Insert the following: § 9.10.1.1 Except with the consent of the Owner, the Architect will perform no more than three (3) site reviews to determine whether the Work or a designated portion thereof has attained Final Completion in accordance with the Contract Documents. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for any additional site reviews. § 9.11 Insert the following: § 9.11 The Contractor and the Contractor’s Surety, if any, shall be liable for and shall pay the Owner the sums stipulated as liquidated damages in the Contract Documents for each calendar day of delay after the date established for Substantial Completion in the Contract Documents until the Work is substantially complete. § 10.2.1 Add the following: .4 If this Contract involves renovation, repair or preparation of surfaces for painting in pre-1978 apartments, houses or spaces used by child care facilities, Contractor shall use certified workers who follow the lead-safe work practices as required by the US Environmental Protection Agency’s Renovation, Repair and Remodeling rule described in 40 CFR § 745.85. Notification of the tenants or users under this rule will be the responsibility of the Owner. § 10.3.2 Replace existing § 10.3.2 with the following: § 10.3.2 Upon receipt of the Contactor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and the Contractor. § 11.1.3 Add the following: § 11.1.3 Certificates of Insurance filed with the University of Maine System shall indicate the Certificate Holder as University of Maine System, 16 Central Street, Bangor, Maine 04401. The Project name, campus, and general liability insurance required policy form and two required endorsements noted in Paragraph 11.1.5.1 below shall be included on the Certificate. Contractor must provide renewal certificates at least 15 days prior to expiration. § 11.1.4 Add the following: § 11.1.4 Neither the Contractor nor any Subcontractors or Suppliers shall commence work at the project site under this Contract until the Contractor has provided the University with a standard ACORD certificate with an attached AIA Document G715-1991 listing all insurance coverages and limits required under this section. All required insurance shall be maintained throughout the term of this Contract (including correction period, defined in 12.2.2.1) and be on a primary basis, noncontributory with any other insurance carried by the Owner. All required insurance shall be provided by companies that have a current A.M. Best insurance rating of A- or better and that are licensed or approved to do business in the State of Maine. § 11.1.5 Insert the following: § 11.1.5 COVERAGE LIMITS – The required insurance and coverage limits are as follows: § 11.1.5.1 General Liability – Contractor shall provide General Liability insurance with coverage for premises and operations, products and completed operations, explosion, collapse and underground hazards, broad form University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 property damage, contractual, personal and advertising injury liabilities. Insurance shall be provided on a standard Insurance Services Office (ISO) Commercial General Liability Form CG 00 01 12 04 or equivalent and shall include the following three endorsements or their equivalent: 1) Additional Insured—Owners, Lessees or Contractors—Scheduled Person or Organization (CG 20 10 07 04) with the University of Maine System, 16 Central Street, Bangor, ME 04401 listed as additional insured; 2) Additional Insured—Owners, Lessees or Contractors—Completed Operations (CG 20 37 07 04) with the University of Maine System, 16 Central Street, Bangor, ME 04401 listed as additional insured; and, 3) Designated Construction Project General Aggregate Limit (CG 25 03 03 97) as the Aggregate limits shall apply on a per location or job basis. The policy form and endorsements must be included on the certificate of insurance. The below required minimum insurance limits shall not be construed as a limitation of the Owner’s rights under any insurance with higher limits and no insurance shall be endorsed to include such a limitation. General Liability insurance required minimum limits: .1 .2 .3 .4 .5 .6 .7 General Aggregate Products & Completed Operations Aggregate Personal Injury Aggregate Each Occurrence for Contracts Under $1 million Each Occurrence for Contracts $1 million and above Personal/Advertising Injury Medical Payments (Any One Person) $2,000,000 $2,000,000 $1,000,000 $1,000,000 $2,000,000 $1,000,000 $5,000 § 11.1.5.2 Workers’ Compensation – Contractor including Independent Contractors shall provide Workers’ Compensation insurance with coverage on a statutory basis according to Maine Law and apply to all personnel on the job site. Workers’ Compensation insurance required minimum limits: .1 Coverage A (Workers’ Compensation) .2 Coverage B (Employers Liability) .1 Bodily injury by accident .2 Bodily injury by disease .3 Bodily injury by disease Statutory Limits $500,000 each accident $500,000 each employee $500,000 policy limit § 11.1.5.3 Vehicle Liability Insurance – Contractor shall provide Vehicle Liability insurance with coverage for all owned, hired/rented and non-owned vehicles. Vehicle Liability insurance required minimum limit: .1 Combined Single Limit or .2 Split Limits $1,000,000 each accident $1,000,000 bodily injury $1,000,000 property damage § 11.3.1 Replace all of the existing § 11.3.1 and its subparagraphs with the following: § 11.3.1 For this project, Property Insurance coverage, up to the total amount of the Project, will be provided by the Owner by adding the Project to the Owner’s existing master property insurance. Coverage shall be included for the Contractor and all Subcontractors, as their interests may appear, while involved in the Project and until the work is completed or the Contractor is otherwise advised in writing. This insurance is limited to the “all risk” type coverage provided under the Owner’s master property insurance for direct physical loss or damage to the building or building materials related to the project, subject to standard policy limitations and exclusions. The Contractor is responsible for a $10,000 per claim deductible. Any other insurance desired by the Contractor beyond that covered by the Owner’s insurance, or to cover the $10,000 deductible, is the responsibility of the Contractor. This contract stands as verification of the Owner’s property insurance coverage on the project and no further verification will be provided. § 11.4.1 Replace existing § 11.4.1 with the following: § 11.4.1 The Contractor shall furnish a Performance Bond and a Payment Bond covering the faithful performance of the contract and payment of obligations arising thereof. Bonds may be obtained through the Contractor’s usual source and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to 100% of the Contract Sum. Should the Contract Sum change during the contract and corrections periods, the amount of the Bonds will be changed to reflect the Contract Sum. University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 § 11.4.1.1 The Contractor shall deliver the required bonds to the Owner at the same time as the signed Contract Agreement is delivered to the Owner. Prior to the commencement of the Work, the Contractor shall submit satisfactory evidence that such bonds will be furnished. § 11.4.1.2 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. § 11.4.1.3 The Contract Bonds shall continue in effect for one year after final acceptance of each contract to protect the Owner’s interest in connection with the one year guarantee of workmanship and materials and to assure settlement of claims, for the payment of all bills for labor, materials and equipment by the Contractor. § 13.6 Delete in its entirety. § 14.1.1.4 Delete in its entirety. § 14.1.3 Delete the words “and damages.” § 14.4.3 Replace existing § 14.4.3 with the following: § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for the work executed and costs incurred by reason of such termination, but not overhead and profit on Work not executed. § 15.4.1 Replace existing § 15.4.1 with the following: § 15.4.1 The parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement, except that the parties shall select only one Arbitrator, and there shall be no discovery. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be defended. University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 END OF SECTION 00 73 00.01 University of Maine System Supplementary Conditions to AIA A201-2007 ver 1.5 02/01/13 SECTION 00 73 00.11 SCHEDULE OF LIQUIDATED DAMAGES Liquidated damages (a fixed amount set forth in the Contract) agreed to by the Owner and the Contractor are intended to compensate the Owner for unexcused delay in the performance of the Contract. The parties agree that the purpose of the liquidated damages schedule below is to establish, in advance, a reasonable estimate of the damages that would be incurred by the Owner if there is an unexcused delay, or a breach of Contract, which causes the work to be extended beyond the contractual substantial completion date. This agreement of liquidated damages by the parties is made to establish the reasonableness of them to the actual damages an Owner may have incurred due to unexcused delays by the Contractor, even though the actual damages may be an uncertain amount and unprovable. The specific per diem rates of Liquidated Damages are set forth below. By executing the Contract, the Contractor acknowledges that such an amount is not a penalty and that the daily amount set forth in the Contract is a reasonable per diem forecast of damages incurred by the Owner due to the Contractor’s failure to complete the Work within the Contract Time. Original Contract Amount From To More Than and Including 0 $100,000 $100,000 $300,000 $300,000 $500,000 $500,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 $4,000,000 $4,000,000 and more Per Diem Amount of Liquidated Damages $500 $675 $750 $825 $1,000 $1,250 $1,500 END OF SECTION 00 73 00.11 SECTION 00 73 46 WAGE DETERMINATION SCHEDULE SEE ATTACHED - 2 SHEETS END OF SECTION 00 73 46 SECTION 01 10 00 – SUMMARY PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Project information. 2. Work covered by Contract Documents. 3. Work under separate contracts. 4. Access to site. 5. Work restrictions. 6. Specification and drawing conventions. 7. Miscellaneous provisions. 1.2 PROJECT INFORMATION A. Project Identification: University of Maine at Farmington CHP LP Gas Tank System 1. Project Location: Farmington, Maine B. Owner: University of Maine at Farmington 1. Owner's Representative: Dirigo Architectural Engineering, LLC C. Engineer: None D. Contractor: TBD 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of Project is defined by the Contract Documents and consists of the following: 1. Furnish and install new LP Gas tank and appurtenances for backup fuel to new Central Heating Plant B. Type of Contract. 1. Project will be constructed under a single prime contract. 1.4 WORK UNDER SEPARATE CONTRACTS A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract or other contracts. 1. Coordinate the Work of this Contract with work performed under separate contracts. B. Concurrent Work: Owner will award separate contract(s) for the following construction operations at Project site. Those operations will be conducted simultaneously with work under this Contract. 1. Central Energy Plant Construction 1.5 ACCESS TO 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. UMF CHP LP Gas Tank System 01 10 00 Summary Page 1 October 13, 2015 B. Use of Site: Limit use of Project site to areas within the Contract limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. Coordinate access with Central Heating Plant Contractor – Trane. Contact: Mark Power, PE. 207.239.3424 1.6 WORK RESTRICTIONS A. Work Restrictions, General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction. B. On-Site Work Hours: Limit work in and around buildings to normal business working hours of C. 8:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise indicated. Campus activities may require adjustments to work hours. D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to adjacent occupancy with Owner. 1. Notify Owner not less than two days in advance of proposed disruptive operations. 2. Obtain Owner's written permission before proceeding with disruptive operations. E. Nonsmoking campus: Smoking is not permitted anywhere on campus. F. Controlled Substances: Use of tobacco products and other controlled substances on Project site is not permitted. 1.7 SPECIFICATION AND DRAWING CONVENTIONS A. 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. B. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specifications are a document used to coordinate information with the drawings and other contract documents. Where there are conflicts in dimensions, depths, quantities, materials, services, equipment, etc., within the contract documents, the more expensive, and more stringent shall apply to this contract. It is expected that the contractor will request clarification from the Engineer upon discovery of these conflicts. 3. Where conflicts arise between regulatory code requirements and specifications or other contract documents, the more stringent will apply. Should the applicable code be more stringent, the contractor is to adhere to the required code / regulation at no additional cost to the Owner. Should an applicable governing regulation / code be updated prior to contract award, it is expected that the contractor will adhere to the updated regulation at no additional cost to the owner. A. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. B. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products: UMF CHP LP Gas Tank System 01 10 00 Summary Page 2 October 13, 2015 4. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 5. Symbols: symbols are referenced in respective or general drawing keys or reference sheets and are recognized as part of this contract document. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01 10 00 UMF CHP LP Gas Tank System 01 10 00 Summary Page 3 October 13, 2015 SECTION 01 14 00 WORK RESTRICTIONS PART 1 GENERAL 1.01 PROJECT CONDITIONS A. Tobacco Free Campus Policy: On January 1, 2011 the University adopted a tobacco free campus policy. As of January 1, 2012 compliance with the tobacco free campus policy became mandatory. This paragraph serves as notification to Contractor of the policy and provides the parameters of compliance enforcement. Contractor shall be responsible for notifying its workers and subcontractors regarding the policy and for enforcement of the policy with same. Noncompliance will be managed as follows: 1. 2. First offense – notify Contractor to remind employee and/or subcontractor of policy. Second offense – contractor/subcontractor employee removed from campus for the remainder of the Work. Additional information regarding the tobacco free campus policy is located at: http://umaine.edu/tobaccofree/ PART 2 to 3 – Not Used END OF SECTION 01 14 00 SECTION 01 23 00 - Alternates PART 1 - GENERAL 1.1 SUMMARY A. Section Includes descriptions of alternates to be priced by the contractor separately from the base bid and provided on the bid response form. 1.2 Bid Alternates A. Alternate 1. Provide a DEDUCT price to remove the cost of the Leak Detection System from the project scope. B. Alternate 2. Provide a DEDUCT price to substitute the steel/concrete bollards with 6x6 pressure-treated timbers, at spacing as required by code. C. Alternate 3. Provide a DEDUCT price to substitute the steel/concrete bollards with concrete block/barriers, at spacing as required by code. END OF SECTION 01 23 00 UMF CHP LP Gas Tank System 01 23 00 AlternatesAlternates Page 1 October 13, 2015 SECTION 01 29 00 PAYMENT PROCEDURES PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. 1.03 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 1.04 SCHEDULE OF VALUES A. Construction Schedule. 1. 2. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following: a. Application for Payment forms with Continuation Sheets. b. Submittals Schedule. c. Contractor’s Construction Schedule. Submit the Schedule of Values to Architect prior to the pre-construction meeting. B. Format and Content: Use the specification table of contents as a guide to establish line items for the Schedule of Values. Provide at least one line item for each Specification Section. 1. 2. 3. 4. 5. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of Architect. c. Contractor’s name and address. d. Date of submittal. Submit draft of Section 00 62 76 AIA G702 Application for Payment form and 00 62 73 AIA G703 Continuation Sheet (Schedule of Values) form. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work. c. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers). g. Dollar value. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Specification table of contents. Provide several line items for principal subcontract amounts, where appropriate. a. For each line item, provide a sublist breakdown as follows: 1) Material. 2) Labor. Documentation: Submit proper documentation for the amounts being requisitioned from subcontractors and material suppliers with each Application for Payment. Three (3) copies of 6. 7. 8. 9. 1.05 an Application for Payment or a Payment Requisition are required for all subcontracted work. Three (3) copies of the invoice is required for each major supplier. Stored Materials: If Contractor is requesting payment for stored materials as part of the Application for Payment, Contractor must complete Column F in the G703 Continuation Sheet (Schedule of Values) to record the stored materials amounts against line items that pertain to those stored materials. Stored materials are materials or equipment purchased or fabricated and stored, but not yet installed or incorporated into the Work. a. Complete and provide three (3) copies of 00 62 79 Stored Materials form with all required documentation. Differentiate between items stored on-site and items stored offsite. If specified, include evidence of insurance or bonded warehousing. b. Only major long lead delivery items may be considered for off-site storage (example: long lead custom mechanical unit). Standard order and production materials and products shall be delivered to the site before including in Application for Payment of such items. 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. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-inplace shall be shown as separate line items in the Schedule of Values. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when approved Change Orders or Construction Change Directives result in a change in the Contract Sum. APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: G702 Application for Payment shall be submitted to Architect and Owner not less than seven (7) days before monthly progress meeting. The period covered by each Application for Payment is one (1) month, ending on the last day of the month. C. Payment Application Forms: The Contractor is required under the Contract Documents to use official original AIA documents. Samples of the required documents are provided in Division 00 of the Specifications. D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action. 1. 2. Entries shall match data on the Schedule of Values and Contractor’s Construction Schedule. Use updated schedules if revisions were made. Include amounts of approved Change Orders and Construction Change Directives issued before last day of construction period covered by application. E. Transmittal: 1. 2. Submit three (3) signed and notarized originals of: a. AIA G702 Application & Certificate for Payment. b. AIA G703 Continuation Sheet. c. AIA G706 Contractor’s Affidavit of Payment of Debts & Claims. d. AIA G706A Contractor’s Affidavit of Release of Liens. e. 00 65 19.17 Waiver of Lien. Transmit each Application for Payment with a transmittal form listing attachments and recording appropriate information about submission. F. Waivers of Mechanic's Lien: With each Application for Payment, submit three (3) copies of waivers of mechanic’s lien from subcontractors, sub-subcontractors, major suppliers, and 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. 2. 3. 4. 5. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. When an application shows completion of an item, submit final waivers. Owner reserves the right to designate which entities involved in the Work must submit waivers. 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. Waiver Forms: Submit 00 65 19.17 Waiver of Lien forms, executed in a manner acceptable to Owner. G. Certified Payrolls: Wages paid to all workers performing work on the Project shall be in accordance with the Section 00 73 64 Wage Determination Schedule for the Project. Contractor shall submit one (1) copy of each weekly certified payroll for Contractor and all subcontractors, sub-subcontractors, sub-sub-subcontractors, etc. performing work on the Project during the time covered by the Application for Payment The certified payroll shall be completed in accordance with Supplementary Conditions Section 3.4.4 and contain the following information: 1. 2. 3. 4. 5. 6. 7. Contractor name. Contractor address. Period number. Week ending date. Employee(s)’s name. Employee(s)’s job title. Employee hourly wage: a. Straight time rate. b. Overtime rate. 8. Hours worked per day (broken down by straight time and overtime hours). 9. Hours worked per week (broken down by straight time and overtime hours). 10. Total earned for the week: a. Straight time. b. Overtime. 11. Benefits that form a part of the wage rate. 12. The signature and name of the authorized payroll person. H. Initial Application for Payment: Administrative actions and submittals that must precede submittal of first Application for Payment include the following: 1. 2. 3. 4. 5. 6. 7. 8. List of subcontractors. Schedule of Values. Contractor’s Construction Schedule. Submittals Schedule. List of Contractor’s staff assignments. List of Contractor’s principal consultants. Copies of building permits and other required permits. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 9. Initial progress report. 10. Report of preconstruction conference. 11. Insurance verification through submission of insurance certificates, for all Subcontractors. I. Progress Applications for Payment: Administrative actions and submittals that must precede or coincide with submittal of progress Applications for Payment include the following: 1. 2. 3. 4. 5. J. Contractor’s Construction Schedule update. Submittals for Work being requisitioned that are complete and approved. Submission of list of completed tests, checklists, commissioning, reports, and similar requirements for the work that are submitted and in compliance with the Contract Documents. Distribution of minutes of previous month’s progress meeting. Current record drawings. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion, less retainage, for portion of the Work claimed as substantially complete. Application must: 1. 2. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. Reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. K. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited to, the following: 1. 2. Evidence of completion of Project closeout requirements. Insurance certificates for products and completed operations where required and proof that fees and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA G707 Consent of Surety to Final Payment, three (3) originals. 5. Evidence that claims have been settled. 6. 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. 7. Final, liquidated damages settlement statement, if a liquidated damages claim has been processed. 8. As-built drawings. 9. Operation and maintenance manuals. 10. Final lien waivers. 11. All training and equipment testing is complete. PART 2 to 3 – Not Used END OF SECTION 01 29 00 SECTION 01 31 00 - PROJECT MANAGEMENT AND ADMINISTRATION PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. Requests for Information (RFIs). 2. Project meetings. B. Related Requirements: 1. Section 017300 "Execution" for procedures for coordinating general installation and 2. Field-engineering services, including establishment of benchmarks and control points. 1.2 DEFINITIONS A. RFI: Request from Owner, Engineer, or Contractor seeking information required by or clarifications of the Contract Documents. 1.3 INFORMATIONAL SUBMITTALS A. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. 1.4 GENERAL COORDINATION PROCEDURES A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different sections, that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. 4. 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. 5. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. B. 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. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Pre-installation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 1.5 REQUESTS FOR INFORMATION (RFIs) A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. Engineer will return RFIs submitted to Engineer by other entities controlled by Contractor with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Engineer. 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. C. Engineer's Action: Engineer will review each RFI, determine action required, and respond. D. Allow seven working days for Engineer's response for each RFI. E. The following RFIs will be returned without action: 1. Requests for approval of submittals. 2. Requests for approval of substitutions. 3. Requests for coordination information already indicated in the Contract Documents. 4. Requests for adjustments in the Contract Time or the Contract Sum. 5. Requests for interpretation of Architect's actions on submittals. 6. Incomplete RFIs or inaccurately prepared RFIs. F. Engineer's action may include a request for additional information, in which case 1. Engineer's time for response will date from time of receipt of additional information. G. Engineer's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to 1. Section 012600 "Contract Modification Procedures." 2. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Engineer in writing within 10 days of receipt of the RFI response. H. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. 1. Submit log bi-weekly. Include the following: 2. Project name. 3. Name and address of Contractor. 4. Name and address of Engineer. 5. RFI number including RFIs that were dropped and not submitted. 6. RFI description. 7. Date the RFI was submitted. 8. Date Engineer's response was received. I. On receipt of Engineer's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Engineer within seven days if Contractor disagrees with response. 1. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 2. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate. 1.6 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Engineer of scheduled meeting dates and times. 3. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 4. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Engineer within three days of the meeting. Any revisions to the minutes requested for correction will be done so and redistributed prior to the following meeting or within 3 days of request whichever should come first. B. Preconstruction Conference: Schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Engineer, but no later than 15 calendar days after execution of the Agreement. 1. Attendees: Authorized representatives of Owner, Engineer, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. 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 the following: a. Tentative construction schedule. b. Critical work sequencing and long-lead items. c. Designation of key personnel and their duties. d. Procedures for processing field decisions and Change Orders. e. Procedures for RFIs. f. Procedures for testing and inspecting. g. Procedures for processing Applications for Payment. h. Distribution of the Contract Documents. i. Submittal procedures. j. Preparation of record documents. k. Use of the premises. l. Work restrictions. m. Working hours. n. Owner's occupancy requirements. o. Responsibility for temporary facilities and controls. p. Procedures for moisture and mold control. q. Procedures for disruptions and shutdowns. r. Construction waste management and recycling. s. Parking availability. t. Office, work, and storage areas. u. Equipment deliveries and priorities. v. Safety and First aid. w. Security. x. Progress cleaning. 3. Minutes: Entity responsible for conducting meeting will record and distribute meeting Minutes. C. Pre-installation Conferences: Conduct a pre-installation conference at Project site before each construction activity that requires coordination with other construction. 1. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Engineer of scheduled meeting dates. 2. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following: a. Contract Documents. b. Options. c. Related RFIs. d. Related Change Orders. e. Purchases. f. Deliveries. g. Submittals. h. Review of mockups. i. Possible conflicts. j. Compatibility problems. k. Time schedules. l. Weather limitations. m. Manufacturer's written instructions. n. Warranty requirements. o. Compatibility of materials. p. Acceptability of substrates. q. Temporary facilities and controls. r. Space and access limitations. s. Regulations of authorities having jurisdiction. t. Testing and inspecting requirements. u. Installation procedures. v. Coordination with other work. w. Required performance results. x. Protection of adjacent work. y. Protection of construction and personnel. 4. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions. 5. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information within 3 business days. 6. Do not proceed with installation if the conference cannot be successfully concluded. 7. Initiate whatever actions are necessary to resolve impediments to performance of the 8. Work and reconvene the conference at earliest feasible date. D. Progress Meetings: Conduct progress meetings at weekly intervals. 1. Attendees: In addition to representatives of Owner, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. 2. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. 3. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. i. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of proposal requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. 5. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01 31 00 SECTION 01 31 13 – PROJECT COORDINATION PART 1 - GENERAL 1.1 SUMMARY A. This Section specifies administrative and supervisory requirements necessary for Project coordination including, but not necessarily limited to: 1. Interface between Contractor and Owner’s consultants. 2. Project coordination. 3. Structural, mechanical, plumbing, electrical, and fire protection coordination including coordination drawings. 4. Administration and supervision. 5. Cleaning and protection. 6. Owner’s separate contracts. 7. Coordination with Owner. 1.2 COORDINATION A. Coordinate construction activities included under various Sections of the Specifications to assure efficient and orderly installation of each part of the Work. Coordinate construction operations under different Sections of the Specifications that are dependent upon each other for proper installation, connection, and operation. 1. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in the sequence required to obtain the best results. 2. Where availability of space is limited, coordinate installation of different components to assure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items schedules 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 attendance at meetings. 1. Prepare similar memoranda for the Owner’s consultants and separate contractors where coordination of their Work is required. C. Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the work. Such administrative activities include but are not limited to: 1. Preparation of schedules. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Project Close-out activities. 6. Owner’s separate installation contracts. 1.3 SUBMTITALS A. Provide coordination drawings for the integration of the Work, including Work first shown in detail on Shop Drawings or product data. Show sequencing and relationship of separate units of work which must interface in a restricted manner to fit in the space provided or function as indicated. Coordination drawings are considered Shop Drawings and must be definitive in nature. 1. Prepare and submit coordinated composite layouts of the mechanical, plumbing, electrical, and fire protection systems and equipment for all areas; drawn at a scale of not less than ¼ inch per foot showing on both plan and/or elevation including but not limited to all equipment, ducts, pipe sleeves, piping including plumbing and sprinkler systems, lighting, special supports, and other items contained within the space. Show mechanical, plumbing, electrical, and fire protection services as well as architectural and structural features drawn to scale. Provide composite drawings for all areas such as corridors, specify specialty spaces, mechanical rooms, shafts, tunnels, and all congested areas. Copies of all composite drawings shall be distributed to all trades to assure a complete, coordinated installation of work within the space available. 2. Show interrelationship of components shown on separate Shop Drawings. 3. Indicate required installation sequences. 4. Comply with requirements contained in Division l, Requirements for Shop Drawings, Product Data, and Samples. 5. Refer to Division 22, Basic Plumbing Requirements, Division 23, Basic Mechanical Requirements and Division 26, Basic Electrical Requirements for specific coordination Drawing requirements for plumbing, mechanical and electrical installations. 6. Coordinated composite layouts of the ceiling including mechanical, plumbing, electrical, and fire protection. 7. Submit coordination drawings to the Architect for review, comment, and approval. More than one (l) submission of the coordination drawings isanticipated due to review comments. Subsequent changes and resubmission of drawings shall be at the Contractor’s expense. B. Within l5 days of Notice to Proceed, submit a list of the Contractor’s principalstaff assignments, including the Superintendent and other personnel in attendance at the site: identify individuals, their duties and responsibilities; list their addresses and telephone numbers; complete list of subcontractors, manufacturers, and suppliers. 1. Post copies of the list in the Project meeting room, the temporary field office, and each temporary telephone. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL INSTALLATION PROVISIONS A. Require the installer of each major component to inspect both the substrate and conditions under which Work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. B. Comply with manufacturer’s installation instructions and recommendations to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. The preceding shall not result in additional costs to the Owner. C. Inspect materials and equipment immediately upon delivery and again prior to installation. Reject any damaged or defective items. D. Provide attachment and constructions devices and methods necessary for securing Work. Secure Work true to line and level. Allow for expansion and building movement. E. Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to best visual effect. Refer all arrangements to the Architect for final decision before starting work. F. Recheck measurements and dimensions before starting each installation. G. Install each component during weather conditions and Project status that will ensure the best possible results. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. H. Coordinate temporary enclosures with required inspections and tests to minimize the necessity of uncovering completed construction for that purpose. I. Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decision to the Architect for final decision. J. Coordinate and insure all Data, Communications, and Security installations conform with all the requirements of the Contract Documents and/or the Owner’s separate contract for the same installations. 3.2 CLEANING AND PROTECTIONS A. During handling and installation, clean and protect construction in progress and adjoining materials in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Supervise construction activities to ensure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. END OF SECTION 01 17 04 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Submittal procedures. B. Proposed products list. C. Shop drawings and product data. D. Manufacturers’ instructions. E. Manufacturers’ certificates. 1.02 SUBMITTAL PROCEDURES A. Identify Project, Contractor, Subcontractor or Supplier, pertinent Drawing sheet and detail number(s), and Specification Section number, as appropriate. B. Apply Contractor’s stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. C. Schedule submittals to expedite the Project, and deliver to Architect/Engineer at business address. Coordinate submission of related items. D. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. E. Revise and resubmit submittals when changes occur; identify all changes made since previous submittal. F. 1.03 Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. PROPOSED PRODUCTS LIST A. Submit complete list of major products proposed for use, with name of manufacturer and trade name of each product. 1.04 SHOP DRAWINGS AND PRODUCT DATA A. Submit five (5) copies which will be reviewed by Architect/Engineer. 1.05 MANUFACTURERS’ INSTRUCTIONS A. Submit manufacturers’ printed instructions for delivery, storage, assembly, installation, and finishing. B. Identify conflicts between manufacturers’ instructions and Contract Documents. 1.06 MANUFACTURERS’ CERTIFICATES A. When specified in individual Specification Sections, submit manufacturers’ certificates to Architect/Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect/Engineer. 1.07 SCHEDULE A. Within ten (10) days after signing the Contract, the Contractor shall submit a schedule in either bar chart or CPM format, sufficiently detailed so that actual progress may be easily compared with scheduled progress. PART 2 to 3 – Not Used END OF SECTION 01 33 00 SECTION 01 40 00 - QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. C. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements. D. Requirements for Contractor to provide quality-assurance and -control services required by Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section. E. Specific test and inspection requirements are not specified in this Section. 1.2 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Engineer. C. Mockups: Full-size physical assemblies that are constructed on-site. Mockups are constructed to verify selections made under Sample submittals; to demonstrate aesthetic effects and, where indicated, qualities of materials and execution; to review coordination, testing, or operation; to show interface between dissimilar materials; and to demonstrate compliance with specified installation tolerances. Mockups are not Samples. Unless otherwise indicated, approved mockups establish the standard by which the Work will be judged. D. Preconstruction Testing: Tests and inspections performed specifically for Project before products and materials are incorporated into the Work, to verify performance or compliance with specified criteria. E. Product Testing: Tests and inspections that are performed by a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements. F. Source Quality-Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop. G. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work. H. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. I. J. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s). Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.3 CONFLICTING REQUIREMENTS A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Engineer for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. C. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Engineer for a decision before proceeding. 1.4 INFORMATIONAL SUBMITTALS A. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. 1.5 REPORTS AND DOCUMENTS A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on re-testing and re-inspecting. B. Manufacturer's Field Reports: Prepare written information documenting tests and inspections specified in other Sections. Include the following: 1. Name, address, and telephone number of representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 4. Results of operational and other tests and a statement of whether observed performance complies with requirements. 5. Other required items indicated in individual Specification Sections. C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.6 QUALITY ASSURANCE A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project. F. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. Requirements of authorities having jurisdiction shall supersede requirements for specialists. G. Testing Agency Qualifications: An independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities. H. Manufacturer's Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. 1.7 QUALITY CONTROL A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. 2. Costs for re-testing and re-inspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. 3. Owner will provide geotechnical quality control services at UMPI’s expense. All other quality control requirements are the responsibility of the Contractor. B. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not. 1. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 3. Where quality-control services are indicated as Contractor's responsibility, submit a Certified written report, in duplicate, of each quality-control service. 4. Testing and inspecting requested by Contractor and not required by the Contract. 5. Documents are Contractor's responsibility. 6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a manufacturer's representative to observe and inspect the Work. Manufacturer's representative's services include examination of substrates and conditions, verification of materials, inspection of completed portions of the Work, and submittal of written reports. D. Retesting/Re-inspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and re-inspecting, for construction that replaced Work that failed to comply with the Contract Documents. E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the 2. Work during performance of its services. 3. Determine the location from which test samples will be taken and in which in-situ tests are conducted. 4. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 5. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. 6. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 7. Do not perform any duties of Contractor. F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. G. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. H. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 TEST AND INSPECTION LOG A. Test and Inspection Log: Prepare a record of tests and inspections. Include the following: 1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Engineer. 4. Identification of testing agency or special inspector conducting test or inspection. B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Engineer's reference during normal working hours. 3.2 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. B. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 017300 "Execution." C. Protect construction exposed by or for quality-control service activities. D. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION 01 40 00 SECTION 01 70 00 – Project Execution PART 1 - GENERAL 1.1 SUMMARY A. Work of this Section consists of execution and closeout requirements, and includes but is not limited to the following: 1. Examination and Preparation 2. Execution 3. Cleaning 4. Starting and Adjusting 5. Protecting Installed Construction B. Related Sections include the following: 1. All 1.2 EXECUTION A. Execution Summary 1. Construction layout. 2. Field engineering and surveying. 3. General installation of products. 4. Coordination of Owner-installed products. 5. Progress cleaning. 6. Starting and adjusting. 7. Protection of installed construction. 8. Correction of the Work. B. Execution Submittals 1. Submit Certified Surveys 2. Submit Final Property Survey 3. Submit Certificates certifying that location and elevation of improvements comply with requirements. 4. Submit Land Surveyor Qualifications PART 2 PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned, and that meet requirements. B. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 EXECUTION 3.1 EXAMINATION AND PREPARATION A. Examination 1. Existing Structures: Research, investigate, explore location of existing above and belowground structures. 2. Existing Utilities: Research, investigate, explore location of existing above and belowground utilities. a. Coordinate with “Dig Safe” and or private utility locating company, where required. 3. Examine substrates, areas, and conditions for compliance with requirements for installation tolerances and other conditions affecting performance. C. Preparation 1. Furnish information to local utility 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 AHJ. 2. Take field measurements as required to fit the Work properly 3. Verify space requirements and dimensions. 4. Review Contract Documents with field conditions. Request necessary clarifications from Architect. D. Construction Layout 1. Verify existing benchmark, control point, and property corner locations. a. Coordinate with Owner. 2. Engage a land surveyor or professional engineer to lay out the Work using accepted surveying practices. 3. Site Improvements: Locate and lay out site improvements, including pavements, grading and fill, utility slopes, and invert elevations 4. Building Lines and Levels: Locate and lay out control lines and levels for structures, building foundations, column grids, and floor levels, including those required for mechanical and electrical Work. 5. Record Log: Maintain a log of layout control Work. E. Field Engineering 1. Reference Points: Locate and protect existing permanent benchmarks, control points, and similar reference points. 2. Site Benchmarks: Establish and maintain a minimum of two permanent site benchmarks on Project site, referenced to data established by survey control points. 3. Certified Survey: On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and sitework. F. Installation 1. Locate the Work and components of the Work accurately, in correct alignment and elevation, plumb and level. 2. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. 3. Obtain, distribute and use necessary templates. 4. Check, coordinate and ensure installed items correspond to approved Shop Drawings. 5. Anchors and Fasteners: Provide anchors and fasteners required to anchor each component securely in place, accurately located and with items being fastened aligned with other portions of the Work. a. Allow for building movement, including thermal expansion and contraction. b. Verify finish of exposed anchors and fasteners with Architect. 6. Joints: Make joints of uniform width. a. Where joint locations in exposed Work are not indicated, arrange joints for the best visual effect. b. Fit exposed connections together to form hairline joints. 7. Hazardous Materials: Use products, cleaners, and installation materials that are not hazardous. G. Owner-Installed Products 1. Site Access: Provide access to Project site for Owner's construction forces. 2. Coordination: Coordinate construction and operations of the Work with work performed by Owner's construction forces. a. Construction Schedule: Coordinate mutually acceptable work schedules. b. Pre-installation Conferences: Both work forces are to attend and participate in pre-installation conferences covering portions of the Work that are to receive Owner's work. H. Maintenance of Pedestrian Traffic. Contractor shall at all times be aware and make provisions to divert and protect pedestrian traffic from construction activities. This includes detours, signage, barriers, notices, and advanced planning as required by UMPI Facilities Management. 3.2 PROJECT CLEANING A. Construction Cleaning: 1. Clean Project site and Work areas broom clean daily. a. Coordinate progress cleaning for joint-use areas where more than one installer has worked. b. Enforce requirements strictly. c. Dispose of materials lawfully. 2. Clean and protect construction in progress and adjoining materials already in place during handling and installation. a. Apply protective covering where required to ensure protection from damage or deterioration at A. Substantial Completion 3. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. a. Adjust and lubricate operable components to ensure operability without damaging effects. 4. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.3 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove 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. D. Manufacturer's Field Service: If a factory-authorized service representative is required to inspect field assembled components and equipment installation, comply with qualification requirements in SECTION 014000, QUALITY REQUIREMENTS. 3.4 PROTECTING 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. C. Correction of The Work 1. Repair or remove and replace defective construction. 2. Restore damaged substrates and finishes to previous condition. 3. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. 4. Restore permanent facilities used during construction to their specified condition. 5. Repair components that do not operate properly. 6. Remove and replace operating components that cannot be repaired. 7. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION 01 73 00 SECTION 01 74 19 – CONSTRUCTION WASTE MANAGEMENT PART 1 GENERAL 1.1 1.2 SUMMARY A. Section includes: 1. Special requirements for waste management during renovation operations. a. Protect the environment, both on-site and off-site, during renovation operations. b. Prevent environmental pollution and damage. c. Maximize source reduction, reuse and recycling of solid waste. B. Related Sections: 1. 01 30 00 (01300) - Administrative Requirements: Environmental Manager and Contractor training requirements. 2. 01 40 00 (01400) – Quality Requirements: Meetings and project coordination. 3. 01 78 53 (01780) – Sustainable Design Close-Out Documentation. 4. 02 41 13 (02220) – Selective Site Demolition DEFINITIONS A. Definitions pertaining to sustainable development: As defined in ASTM E2114. B. 1.3 QUALITY ASSURANCE A. B. 1.4 Maximize use of source reduction and recycling procedures. Diversion Goals: A minimum 75 percent by weight of total project solid waste to be diverted from landfill. PRECONSTRUCTION MEETING A. 1.5 Deconstruction: Disassembly of buildings for the purpose of recovering materials. After award of Contract and prior to the commencement of the Work, schedule and conduct meeting with Owner and Architect to discuss the proposed Waste Management Plan and to develop mutual understanding relative to details of environmental protection. 1. Coordinate deconstruction with work of Section 02 41 19.13 SUBMITTALS A. Solid Waste Management Plan: Not less than 10 days before the Pre-construction meeting, prepare and submit a Solid Waste Management Plan including, but not limited to, the following: 1. List of the recycling facilities, reuse facilities, municipal solid waste landfills and other disposal area(s) to be used. Include: a. Name, location, and phone number. b. Copy of permit or license for each facility. 2. Identify materials that cannot be recycled or reused. Provide explanation or justification. 3. Revise and resubmit Plan as required by Owner. a. Approval of Contractor’s Plan will not relieve the Contractor of responsibility for compliance with applicable environmental regulations. B. Progress Documentation: Document solid waste disposal and diversion. Include the quantity by weight of waste generated; waste diverted through sale, reuse, or recycling; and waste disposed by landfill or incineration. Identify landfills, recycling centers, waste processors, and other organizations that process or receive the solid waste. 1. Document on form in Appendix A of this Section, or similar form as approved by Owner. 2. With each Application for Payment, submit updated Documentation for solid waste disposal and diversion. 3. With each Application for Payment, submit manifests, weight tickets, receipts, and invoices specifically identifying the Project and waste material. C. Record Submittals: With Record Submittals as specified in Section 01 77 00, submit the following: 1. Summary of solid waste disposal and diversion. PART 2 - PRODUCTS PART 3 EXECUTION 3.1 SOLID WASTE MANAGEMENT A. Develop and implement a waste management program in accordance with ASTM E1609 and as specified herein. B. Collection: Implement a recycling/reuse program that includes separate collection of waste materials of the following types as appropriate to the project waste and to the available recycling and reuse programs in the project area: 1. Land clearing debris. 2. Asphalt. 3. Concrete and Masonry. 4. Metal. a. Ferrous. b. Non-ferrous. 5. Wood, nails and staples allowed. 6. Debris. 7. Glass, colored glass allowed. 8. Paper. a. Bond. b. Newsprint. c. Cardboard and paper packaging materials. 9. Plastic. a. Type 1: Polyethylene Terephthalate (PET, PETE). b. Type 2: High Density Polyethylene (HDPE). c. Type 3: Vinyl (Polyvinyl Chloride or PVC). d. Type 4: Low Density Polyethylene (LDPE). e. Type 5: Polypropylene (PP). f. Type 6: Polystyrene (PS). g. Type 7: Other. Use of this code indicates that the package in question is made with a resin other than the six listed above, or is made of more than one resin listed above, and used in a multi-layer combination. 10. Gypsum. 11. Non-hazardous paint and paint cans. 12. Flooring. C. D. a. Carpet. b. Resilient Flooring. 13. Insulation. 14. Ceiling Tiles 15. Others as appropriate. Recycling/Reuse: Maximize recycling and reuse of materials. 1. Recycling/Reuse on project site: As indicated on Drawings and other to the greatest extent possible. Handling: 1. Clean materials that are contaminated prior to placing in collection containers. Deliver materials in accordance with recycling or reuse facility requirements (e.g., free of dirt, adhesives, solvents, petroleum contamination, and other substances deleterious to recycling process). 2. Arrange for collection by or delivery to the appropriate recycling or reuse facility. 3. Hazardous Waste and Hazardous Materials: Notify Owner immediately. Owner will coordinate removal and remediation. END OF SECTION Appendix A SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Name: Project Number: Contractor Name: License Number: Contractor Address: Solid Waste Material Appliances Asphalt Cardboard Carpet Concrete Gypsum Drywall Land Clearing/Soil Masonry Metals: Ferrous Metals: Nonferrous Mixed/Comingled Waste Plastic Roofing: Asphaltbased Roofing: EPDM Salvaged/Surplu s Materials for Reuse Wood: Landclearing Debris Wood: Scrap Lumber Ceiling Tiles Vinyl Composition Tile (VCT) Other: Date Material Disposed/ Diverted Amount Disposed/ Diverted (ton or cubic yard) Municipal Solid Waste Facility (name, address, & phone number) Recycling/ Reuse Facility (name, address, & phone number) Comments (if disposed, state why not diverted) Signature: Date: SECTION 01 77 00 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. 5. Repair of the Work. B. Related Requirements: 1. Section 01 78 23 "Operation and Maintenance Data" for operation and maintenance manual requirements. 2. Section 017839 "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. 1.2 ACTION SUBMITTALS A. Product Data: For cleaning agents. B. Contractor's List of Incomplete Items: Initial submittal at Substantial Completion. C. Certified List of Incomplete Items: Final submittal at Final Completion. 1.3 CLOSEOUT SUBMITTALS A. Certificates of Release: From authorities having jurisdiction. B. Certificate of Insurance: For continuing coverage. 1.4 MAINTENANCE MATERIAL SUBMITTALS A. Schedule of Maintenance Material Items: For maintenance material submittal items specified in other Sections. 1.5 SUBSTANTIAL COMPLETION PROCEDURES A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete. B. Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 3. Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 4. Submit closeout submittals specified in other Division 01 Sections, including project record documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information. 5. Submit closeout submittals specified in individual Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 6. Submit maintenance material submittals specified in individual Sections, including tools, spare parts, extra materials, and similar items, and deliver to location designated by Owner. Label with manufacturer's name and model number where applicable. a. Schedule of Maintenance Material Items: Prepare and submit schedule of maintenance material submittal items, including name and quantity of each item and name and number of related Specification Section. Obtain Owner’s signature for receipt of submittals. 7. Submit test/adjust/balance records. 8. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. C. Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Advise Owner of pending insurance changeover requirements. 2. Complete startup and testing of systems and equipment. 3. Perform preventive maintenance on equipment used prior to Substantial Completion. 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. Submit demonstration and training video recordings specified in Section 017900 "Demonstration and Training." 5. Advise Owner of changeover in heat and other utilities. 6. Participate with Owner in conducting inspection and walkthrough with local emergency responders. 7. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 8. Complete final cleaning requirements, including touchup painting. 9. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. D. Inspection: Submit a written request for inspection to determine Substantial Completion a minimum of 10 days prior to date the work will be completed and ready for final inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, 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. 1.6 FINAL COMPLETION PROCEDURES A. Preliminary Procedures: Before requesting final inspection for determining final completion, complete the following: 1. Submit a final Application for Payment 2. Certified List of Incomplete Items: Submit certified copy of Engineer's Substantial 3. Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Engineer. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 4. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with insurance requirements. 5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection to determine acceptance. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final Certificate for Payment after inspection or 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. 1.7 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of spaces in sequential order, starting with exterior areas first. 2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. 3. Submit list of incomplete items in the following format: 4. PDF electronic file. Engineer will return annotated copy. 1.8 SUBMITTAL OF PROJECT WARRANTIES A. Time of Submittal: Submit written warranties on request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated, or when delay in submittal of warranties might limit Owner's rights under warranty. 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, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch (215-by-280-mm) 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 4. "WARRANTIES," Project name, and name of Contractor. 5. Warranty Electronic File: Scan warranties and bonds and assemble complete warranty and bond submittal package into a single indexed electronic PDF file with links enabling navigation to each item. Provide bookmarked table of contents at beginning of document. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 – PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a designated portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Remove snow and ice to provide safe access to building. f. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. g. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces. h. Sweep concrete floors broom clean in unoccupied spaces. i. Remove labels that are not permanent. j. Wipe surfaces of mechanical and electrical equipment and similar equipment. k. Remove excess lubrication, paint and mortar droppings, and other foreign substances. l. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from water exposure. m. Leave Project clean and ready for occupancy. 3.2 REPAIR OF THE WORK A. Complete repair and restoration operations before requesting inspection for determination of Substantial Completion. B. Repair or remove and replace defective construction. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. Where damaged or worn items cannot be repaired or restored, provide replacements. Remove and replace operating components that cannot be repaired. C. Restore damaged construction and permanent facilities used during construction to specified condition. D. Touch up and otherwise repair and restore marred or exposed finishes and surfaces. E. Replace finishes and surfaces that that already show evidence of repair or restoration. F. Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. Remove paint applied to required labels and identification. G. Replace parts subject to operating conditions during construction that may impede operation or reduce longevity. END OF SECTION 01 77 00 SECTION 01 78 23 OPERATIONS AND MAINTENANCE DATA PART 1 - GENERAL 1.01 Related Documents A. Drawings and general provisions of the Contract and Division 01 specification sections, apply to this section. 1.02 Summary A. Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. Operation and maintenance documentation directory. 2. Emergency manuals. 3. Operation manuals for systems, subsystems, and equipment. 4. Product maintenance manuals. 5. Systems and equipment maintenance manuals. 6. Posted electronic maintenance manuals. B. Related Requirements: 1. Section 01 33 00 "Submittal Procedures" for submitting copies of submittals for operation and maintenance manuals. 1.03 Definitions A. System: An organized collection of parts, equipment, or subsystems united by regular interaction. B. Subsystem: A portion of a system with characteristics similar to a system. 1.04 A. B. Closeout Submittals Manual Content: Operations and maintenance manual content is specified in individual specification sections to be reviewed at the time of section submittals. Submit reviewed manual content formatted and organized as required by this section. 1. Architect will comment on whether content of operations and maintenance submittals are acceptable. 2. Where applicable, clarify and update reviewed manual content to correspond to revisions and field conditions. Format: Submit operations and maintenance manuals in the following format: 1. PDF electronic file. Assemble each manual into a composite electronically indexed file. a. Name each indexed document file in composite electronic index with applicable item name. Include a complete electronically linked operation and maintenance directory. b. Enable inserted reviewer comments on draft submittals. 2. One paper copies of each Manual. Include a complete operation and maintenance directory. C. Initial Manual Submittal: Submit draft copy of each manual at least 30 days before commencing demonstration and training. Architect and Commissioning Authority will comment on whether general scope and content of manual are acceptable. D. Final Manual Submittal: Submit each manual in final form prior to requesting inspection for Substantial Completion and at least 15 days before commencing demonstration and training. Architect and Commissioning Authority will return copy with comments. 1. Correct or revise each manual to comply with Architect's and Commissioning Authority's comments. Submit copies of each corrected manual within 15 days of receipt of Architect's and Commissioning Authority's comments and prior to commencing demonstration and training. PART 2 - PRODUCTS 2.01 A. Operation and Maintenance Documentation Directory Directory: Prepare a single, comprehensive directory of emergency, operation, and maintenance data and materials, listing items and their location to facilitate ready access to desired information. Include a section in the directory for each of the following: 1. List of documents. 2. List of systems. 3. List of equipment. 4. Table of contents. B. List of Systems and Subsystems: List systems alphabetically. Include references to operation and maintenance manuals that contain information about each system. C. List of Equipment: List equipment for each system, organized alphabetically by system. For pieces of equipment not part of system, list alphabetically in separate list. D. Tables of Contents: Include a table of contents for each emergency, operation, and maintenance manual. E. Identification: In the documentation directory and in each operation and maintenance manual, identify each system, subsystem, and piece of equipment with same designation used in the Contract Documents. If no designation exists, assign a designation according to ASHRAE Guideline 4, "Preparation of Operating and Maintenance Documentation for Building Systems." 2.02 A. B. Requirements for Emergency, Operation, and Maintenance Manuals Organization: Unless otherwise indicated, 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. Each manual shall contain the following materials, in the order listed: 1. Title page. 2. Table of contents. 3. Manual contents. Title Page: Include the following information: 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. C. 4. Date of submittal. 5. Name and contact information for Contractor. 6. Name and contact information for Architect. 7. Name and contact information for Commissioning Authority. 8. Names and contact information for major consultants to the Architect that designed the systems contained in the manuals. 9. Cross-reference to related systems in other operation and maintenance manuals. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to specification section number in Project Manual. 1. If operation or maintenance documentation requires more than one volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set. D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder. E. Manuals, Electronic Files: Submit manuals in the form of a multiple file composite electronic PDF file for each manual type required. F. 1. Electronic Files: Use electronic files prepared by manufacturer where available. Where scanning of paper documents is required, configure scanned file for minimum readable file size. 2. File Names and Bookmarks: Enable bookmarking of individual documents based on file names. Name document files to correspond to system, subsystem, and equipment names used in manual directory and table of contents. Group documents for each system and subsystem into individual composite bookmarked files, then create composite manual, so that resulting bookmarks reflect the system, subsystem, and equipment names in a readily navigated file tree. Configure electronic manual to display bookmark panel on opening file. Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes. 1. Binders: Heavy-duty, three-ring, vinyl-covered, post-type binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11” paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a. If two or more binders are necessary to accommodate data of a system, organize data in each binder into groupings by subsystem and related components. Cross-reference other binders if necessary to provide essential information for proper operation or maintenance of equipment or system. b. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, and subject matter of contents, and indicate specification section number on bottom of spine. Indicate volume number for multiple-volume sets. 2. Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual. 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 storage media for computerized electronic equipment. 4. Supplementary Text: Prepared on 8-1/2-by-11” white bond paper. 5. 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. 2.03 A. B. Emergency Manuals Content: Organize manual into a separate section for each of the following: 1. Type of emergency. 2. Emergency instructions. 3. Emergency procedures. Type of Emergency: Where applicable for each type of emergency indicated below, include instructions and procedures for each system, subsystem, piece of equipment, and component: 1. Fire. 2. Flood. 3. Gas leak. 4. Water leak. 5. Power failure. 6. Water outage. 7. System, subsystem, or equipment failure. 8. Chemical release or spill. C. Emergency Instructions: Describe and explain warnings, trouble indications, error messages, and similar codes and signals. Include responsibilities of Owner's operating personnel for notification of Installer, supplier, and manufacturer to maintain warranties. D. Emergency Procedures: Include the following, as applicable: 1. Instructions on stopping. 2. Shutdown instructions for each type of emergency. 3. Operating instructions for conditions outside normal operating limits. 4. Required sequences for electric or electronic systems. 5. Special operating instructions and procedures. 2.04 A. Operation Manuals Content: In addition to requirements in this section, include operation data required in individual specification sections and the following information: 1. System, subsystem, and equipment descriptions. Use designations for systems and equipment indicated on Contract Documents. B. 2. Performance and design criteria if Contractor has delegated design responsibility. 3. Operating standards. 4. Operating procedures. 5. Operating logs. 6. Wiring diagrams. 7. Control diagrams. 8. Piped system diagrams. 9. Precautions against improper use. 10. License requirements including inspection and renewal dates. Descriptions: Include the following: 1. Product name and model number. Use designations for products indicated on Contract Documents. 2. Manufacturer's name. 3. Equipment identification with serial number of each component. 4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. 9. Complete nomenclature and number of replacement parts. C. Operating Procedures: Include the following, as applicable: 10. Startup procedures. 11. Equipment or system break-in procedures. 12. Routine and normal operating instructions. 13. Regulation and control procedures. 14. Instructions on stopping. 15. Normal shutdown instructions. 16. Seasonal and weekend operating instructions. 17. Required sequences for electric or electronic systems. 18. Special operating instructions and procedures. D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed. E. Piped Systems: Diagram piping as installed, and identify color-coding where required for identification. 2.05 Product Maintenance Manuals A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and guarantees, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference specification section number and title in Project Manual and drawing or schedule designation or identifier where applicable. C. Product Information: Include the following, as applicable: D. 1. Product name and model number. 2. Manufacturer's name, Subcontractor, Suppliers. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. Maintenance Procedures: Include manufacturer's written recommendations and the following: 1. Inspection procedures. 2. Types of cleaning agents to be used and methods of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product. 4. Schedule for routine cleaning and maintenance. 5. Repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Guarantees: Include copies of warranties and guarantees and lists of circumstances and conditions that would affect validity of warranties or guarantees. 1. 2.06 Include procedures to follow and required notifications for warranty claims. Systems and Equipment Maintenance Manuals A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference specification section number and title in Project Manual and drawing or schedule designation or identifier where applicable. C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including the following information for each component part or piece of equipment: 1. Standard maintenance instructions and bulletins. D. E. 2. Drawings, diagrams, and instructions required for maintenance, including disassembly and component removal, replacement, and assembly. 3. Identification and nomenclature of parts and components. 4. List of items recommended to be stocked as spare parts. Maintenance Procedures: Include the following information and items that detail essential maintenance procedures: 1. Test and inspection instructions. 2. Troubleshooting guide. 3. Precautions against improper maintenance. 4. Disassembly; component removal, repair, and replacement; and reassembly instructions. 5. Aligning, adjusting, and checking instructions. 6. Demonstration and training video recording, if available. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. 1. Scheduled Maintenance and Service: Tabulate actions for daily, weekly, monthly, quarterly, semiannual, and annual frequencies. 2. Maintenance and Service Record: Include manufacturers' forms for recording maintenance. F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services. G. Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent. H. Warranties and Guarantees: Include copies of warranties and guarantees and lists of circumstances and conditions that would affect validity of warranties or guarantees. 1. 2.07 Include procedures to follow and required notifications for warranty claims. Posted Electronic Manuals A. Post files directly to Princeton Collaborative System (PCS) specifically established for Project. PART 3 - EXECUTION 3.01 Manual Preparation A. Operation and Maintenance Documentation Directory: Prepare a separate manual that provides an organized reference to emergency, operation, and maintenance manuals. B. Emergency Manual: Assemble a complete set of emergency information indicating procedures for use by emergency personnel and by Owner's operating personnel for types of emergencies indicated. C. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. D. E. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. 1. Engage a factory-authorized service representative to assemble and prepare information for each system, subsystem, and piece of equipment not part of a system. 2. Prepare a separate manual for each system and subsystem, in the form of an instructional manual for use by Owner's operating personnel. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. 1. F. G. Prepare supplementary text if manufacturers' standard printed data are not available and where the information is necessary for proper operation and maintenance of equipment or systems. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in as-built drawings to ensure correct illustration of completed installation. 1. Do not use original project record documents as part of operation and maintenance manuals. 2. Comply with requirements of newly prepared as-built drawings in section 01 78 39 "Project Record Documents." Comply with section 01 77 00 "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION SECTION 01 78 36 - WARRANTIES AND GUARANTEES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Preparation and submittal of warranties and guarantees. B. Schedule of submittals. 1.02 RELATED REQUIREMENTS A. Instruction to Bidders: B. Builder’s Performance and Bonds. C. Section 01 77 00- Contract Closeout Procedures. D. Individual Technical Specifications Sections: Warranties and Guarantees required for specific products or work. 1.03 FORM OF SUBMITTALS A. Bind in commercial quality 8 ½ x 11 inch three-ring side binders, with hardback, cleanable, plastic covers. B. Label cover of each binder with typed or printed title `WARRANTIES AND GUARANTEES', with Contract No. and Project Title; name, address and telephone number of Contractor. C. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified and the name of the product or work item. D. Separate each warranty or guaranty with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheet as necessary. List subcontractor, supplier and manufacturer, with name, address and telephone number of responsible principal. E. Include a copy of the applicable warranty/guaranty in O & M manuals. 1.04 WARRANTY PERIOD AND PREPARATION OF SUBMITTALS A. Obtain warranties and guarantees, executed in duplicate by responsible subcontractors, suppliers, and manufacturers, within ten (10) days after completion of the applicable item of work. Date of beginning of time of warranty will be the date of Substantial Completion, or date of Beneficial Occupancy if equipment is put to use by the Owner at date of Beneficial Occupancy. No warranty shall start prior to equipment being put into operation. It is not necessary that all warranties shall start at the same time. B. Equipment warranty period: Manufacturer's standard warranty, minimum one year from above date of beginning of warranty, except as stated elsewhere. C. Full service period: Installing contractor shall provide for full service and maintenance for a period of one year for the equipment/systems, except as stated elsewhere. If, within this period, any equipment proves defective, it shall be repaired or replaced at no additional cost to the Owner. (1) The service and maintenance shall include monthly inspections and adjustments, based on an Owner approved monthly service schedule. (2) Each service and maintenance trip to the project shall be coordinated and reported to UMF’s Facilities Management office and have a separate written report so an accurate log can be kept on the operation and problems of the installation. (3) Monthly service schedule, showing tasks and service timetable, shall be submitted to UMF’s Facilities Management office for review and approval prior to substantial completion. (4) Coordination with UMF’s Facilities Management office and distribution of monthly maintenance/service reports to UMF shall be the responsibility of the Contractor. D. Co-execute submittals when required. E. Retain warranties and guarantees until time specified for submittal. 1.05 TIME OF SUBMITTALS A. Make submittals per Section 01 77 00 and General Conditions. B. For items of work when acceptance is delayed beyond date of Substantial Completion, as stated in Section 01701, submit within ten (10) days after acceptance, listing the date of acceptance as the beginning of the warranty or guaranty period. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION SECTION 23 11 27 - LIQUEFIED-PETROLEUM GAS PIPING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Pipes, tubes, and fittings. 2. Piping specialties. 3. Piping and tubing joining materials. 4. Valves. 5. Pressure regulators. B. All components, where available, shall be designed for both natural gas and LP gas use. 1.3 DEFINITIONS A. Finished Spaces: Spaces other than mechanical and electrical equipment rooms, furred spaces, pipe and duct shafts, unheated spaces immediately below roof, spaces above ceilings, unexcavated spaces, crawlspaces, and tunnels. B. Exposed, Interior Installations: Exposed to view indoors. Examples include finished occupied spaces and mechanical equipment rooms. C. Exposed, Exterior Installations: Exposed to view outdoors or subject to outdoor ambient temperatures and weather conditions. Examples include rooftop locations. D. LPG: Liquefied-petroleum gas. 1.4 PERFORMANCE REQUIREMENTS A. Minimum Operating-Pressure Ratings: 1. For Piping Containing Only Vapor: a. Piping and Valves: 125 psig unless otherwise indicated. 2. For Piping Containing Liquid: a. Piping between Shutoff Valves: 350 psig unless otherwise indicated. b. Piping Other Than Above: 250 psig unless otherwise indicated. c. Valves and Fittings: 250 psig unless otherwise indicated. B. LPG System Pressure within Buildings: One pressure range. More than 0.5 psig but not more than 2 psig. 1.5 SUBMITTALS A. Product Data: For each type of the following: 1. Piping specialties. 2. Valves. Include pressure rating, capacity, settings, and electrical connection data of selected models. 3. Pressure regulators. Indicate pressure ratings and capacities. 4. Vaporizers. 5. Air mixers. C. Operation and Maintenance Data: For LPG equipment and accessories to include in emergency, operation, and maintenance manuals. UMF CHP LP Gas Tank System 23 11 27 – Page 1 October 10, 2015 1.6 QUALITY ASSURANCE A. 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. B. All valves, components and accessories: Listed and labeled as defined in NFPA 58 and NFPA 54. 1.7 DELIVERY, STORAGE, AND HANDLING A. Handling Flammable Liquids: Remove and dispose of liquids from existing LPG piping according to requirements of authorities having jurisdiction. B. Deliver pipes and tubes with factory-applied end caps. Maintain end caps through shipping, storage, and handling to prevent pipe end damage and to prevent entrance of dirt, debris, and moisture. C. Store pipes and tubes with protective PE coating to avoid damaging coating and protect from direct sunlight. D. Protect stored PE pipes and valves from direct sunlight. PART 2 - PRODUCTS 2.1 PIPES, TUBES, AND FITTINGS A. Steel Pipe: ASTM A 53/A 53M, black steel, Schedules 40 and 80, Type E or S, Grade 1. Malleable-Iron Threaded Fittings: ASME B16.3, Class 150, standard pattern. 2. Wrought-Steel Welding Fittings: ASTM A 234/A 234M for butt welding and socket welding. 3. Unions: ASME B16.39, Class 150, malleable iron with brass-to-iron seat, ground joint, and threaded ends. 4. Forged-Steel Flanges and Flanged Fittings: ASME B16.5, minimum Class 150, including bolts, nuts, and gaskets of the following material group, end connections, and facings: a. Material Group: 1.1. b. End Connections: Threaded or butt welding to match pipe. c. Lapped Face: Not permitted underground. d. Gasket Materials: ASME B16.20, metallic, flat, asbestos free, aluminum o-rings, and spiralwound metal gaskets. e. Bolts and Nuts: ASME B18.2.1, carbon steel aboveground, and stainless steel underground. B. Polyethylene Piping. SDR 11 1. Fittings: Standard plastic to steel per 2.1.A 2. Piping continuous where not accessible. 2.2 Not Used 2.3 JOINING MATERIALS A. Joint Compound and Tape: Suitable for LPG and Natural Gas service. B. Brazing Filler Metals: Alloy with melting point greater than 1000 deg F complying with AWS A5.8/A5.8M. 2.4 MANUAL GAS SHUTOFF VALVES A. Metallic Valves, NPS 2 and Smaller for Liquid Service: Comply with ASME B16.33 and UL 842. 1. CWP Rating: 250 psig. 2. Threaded Ends: Comply with ASME B1.20.1. 3. Socket ends for brazed joints. 4. Tamperproof Feature: Locking feature for valves indicated in "Underground Manual Gas Shutoff UMF CHP LP Gas Tank System 23 11 27 – Page 2 October 10, 2015 Valve Schedule" and "Aboveground Manual Gas Shutoff Valve Schedule" Articles. 5. Listing by CSA or agency acceptable to authorities having jurisdiction for valves 1 inch and smaller. 6. Valves 1-1/4 inch and larger shall be suitable for LPG and Natural Gas service, with "WOG" indicated on valve body. B. Two-Piece, Full-Port, Bronze Ball Valves with Bronze Trim: MSS SP-110. 1. Body: Bronze, complying with ASTM B 584. 2. Ball: Chrome-plated bronze. 3. Stem: Bronze; blowout proof. 4. Seats: Reinforced TFE; blowout proof. 5. Packing: Threaded-body packnut design with adjustable-stem packing. 6. Ends: Threaded, flared, or socket as indicated in "Underground Manual Gas Shutoff Valve Schedule" and "Aboveground Manual Gas Shutoff Valve Schedule" Articles. 7. CWP Rating: 600 psig. 8. Listing: Valves NPS 1 and smaller shall be listed and labeled by an NRTL acceptable to authorities having jurisdiction. 9. Service: Suitable for LPG and Natural Gas service with "WOG" indicated on valve body. 2.5 PRESSURE REGULATORS A. General Requirements: 1. Single stage and suitable for LPG and future natural gas conversion. 2. Steel jacket and corrosion-resistant components. 3. Elevation compensator. 4. End Connections: Threaded for regulators NPS 2 and smaller; flanged for regulators NPS 2-1/2 and larger. B. Service Pressure Regulators: Comply with ANSI Z21.80. 1. Body and Diaphragm Case: Cast iron or die-cast aluminum. 2. Springs: Zinc-plated steel; interchangeable. 3. Diaphragm Plate: Zinc-plated steel. 4. Seat Disc: Nitrile rubber resistant to gas impurities, abrasion, and deformation at the valve port. 5. Orifice: Aluminum; interchangeable. 6. Seal Plug: Ultraviolet-stabilized, mineral-filled nylon. 7. Single-port, self-contained regulator with orifice no larger than required at maximum pressure inlet and no pressure sensing piping external to the regulator. 8. Pressure regulator shall maintain discharge pressure setting downstream and not exceed 150 percent of design discharge pressure at shutoff. 9. Overpressure Protection Device: Factory mounted on pressure regulator. 10. Atmospheric Vent: Factory- or field-installed, stainless-steel screen in opening if not connected to vent piping. 11. Maximum Inlet Pressure: 100 psig. C. Line Pressure Regulators: Comply with ANSI Z21.80. 1. Body and Diaphragm Case: Cast iron or die-cast aluminum. 2. Springs: Zinc-plated steel; interchangeable. 3. Diaphragm Plate: Zinc-plated steel. 4. Seat Disc: Nitrile rubber resistant to gas impurities, abrasion, and deformation at the valve port. 5. Orifice: Aluminum; interchangeable. 6. Seal Plug: Ultraviolet-stabilized, mineral-filled nylon. 7. Single-port, self-contained regulator with orifice no larger than required at maximum pressure inlet and no pressure sensing piping external to the regulator. 8. Pressure regulator shall maintain discharge pressure setting downstream and not exceed 150 percent of design discharge pressure at shutoff. UMF CHP LP Gas Tank System 23 11 27 – Page 3 October 10, 2015 9. Overpressure Protection Device: Factory mounted on pressure regulator. 10. Atmospheric Vent: Factory- or field-installed, stainless-steel screen in opening if not connected to vent piping. D. Appliance Pressure Regulators: Comply with ANSI Z21.18. 1. Body and Diaphragm Case: Die-cast aluminum. 2. Springs: Zinc-plated steel; interchangeable. 3. Diaphragm Plate: Zinc-plated steel. 4. Seat Disc: Nitrile rubber. 5. Seal Plug: Ultraviolet-stabilized, mineral-filled nylon. 6. Factory-Applied Finish: Minimum three-layer polyester and polyurethane paint finish. 7. Regulator may include vent limiting device, instead of vent connection, if approved by authorities having jurisdiction and within heating capacity limits of vent limiter. 2.6 GAS SERVICE METERS A. Not Required 2.7 DIELECTRIC FITTINGS A. General Requirements: Assembly of copper alloy and ferrous materials with separating nonconductive insulating material. Include end connections compatible with pipes to be joined. B. Dielectric Unions: 1. Description: a. Standard: ASSE 1079. b. Pressure Rating: 125 psig minimum at 180 deg F. c. End Connections: Solder-joint copper alloy and threaded ferrous. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine roughing-in for LPG piping system to verify actual locations of piping connections before equipment installation. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 EARTHWORK A. Comply with requirements in Division 31 Section "Earth Moving" for excavating, trenching, and backfilling. 3.3 PREPARATION A. Close equipment shutoff valves before turning off LPG to premises or piping section. B. Inspect LPG piping according to NFPA 58 and NFPA 54 the International Fuel Gas Code to determine that LPG utilization devices are turned off in piping section affected. C. Comply with NFPA 58 and NFPA 54 the International Fuel Gas Code requirements for prevention of accidental ignition. 3.4 OUTDOOR PIPING INSTALLATION A. Comply with NFPA 58 and NFPA 54 the International Fuel Gas Code requirements for installation and purging of LPG piping. B. Install fittings for changes in direction and branch connections. UMF CHP LP Gas Tank System 23 11 27 – Page 4 October 10, 2015 C. Joints for connection to inlets and outlets on regulators and valves may be flanged or threaded to match the equipment. 3.5 INDOOR PIPING INSTALLATION A. Comply with NFPA 54 the International Fuel Gas Code for installation and purging of LPG piping. B. Drawing plans, schematics, and diagrams indicate general location and arrangement of piping systems. Indicated locations and arrangements were used to size pipe and calculate friction loss, expansion, and other design considerations. C. Arrange for pipe spaces, chases, slots, sleeves, and openings in building structure during progress of construction, to allow for mechanical installations. D. Install piping in concealed locations unless otherwise indicated and except in equipment rooms and service areas. E. Install piping indicated to be exposed and piping in equipment rooms and service areas at right angles or parallel to building walls. Diagonal runs are prohibited unless specifically indicated otherwise. F. Install piping above accessible ceilings to allow sufficient space for ceiling panel removal. G. Locate valves for easy access. H. Install LPG piping at uniform grade of 2 percent down toward drip and sediment traps. I. Install piping free of sags and bends. J. Install fittings for changes in direction and branch connections. K. Verify final equipment locations for roughing-in. L. Comply with requirements in Sections specifying gas-fired appliances and equipment for roughing-in requirements. M. Drips and Sediment Traps: Install drips at points where condensate may collect, including service-meter outlets. Locate where readily accessible to permit cleaning and emptying. Do not install where condensate is subject to freezing. 1. Construct drips and sediment traps using tee fitting with bottom outlet plugged or capped. Use nipple a minimum length of 3 pipe diameters, but not less than 3 inches long and same size as connected pipe. Install with space below bottom of drip to remove plug or cap. N. Extend relief vent connections for service regulators, line regulators, and overpressure protection devices to outdoors and terminate with weatherproof vent cap. O. Conceal pipe installations in walls, pipe spaces, utility spaces, above ceilings, below grade or floors, and in floor channels unless indicated to be exposed to view. P. Concealed Location Installations: 1. Above Accessible Ceilings: LPG piping, fittings, valves, and regulators may be installed in accessible spaces without containment conduit. 2. In Walls or Partitions: Protect tubing installed inside partitions or hollow walls from physical damage using steel striker barriers at rigid supports. a. Exception: Tubing passing through partitions or walls does not require striker barriers. UMF CHP LP Gas Tank System 23 11 27 – Page 5 October 10, 2015 3. Prohibited Locations: a. Do not install LPG piping in or through circulating air ducts, clothes or trash chutes, chimneys or gas vents (flues), ventilating ducts, or dumbwaiter or elevator shafts. b. Do not install LPG piping in solid walls or partitions. Q. Use eccentric reducer fittings to make reductions in pipe sizes. Install fittings with level side down. R. Connect branch piping from top or side of horizontal piping. S. Install unions in pipes NPS 2 and smaller, adjacent to each valve, at final connection to each piece of equipment. Unions are not required at flanged connections. T. Do not use LPG piping as grounding electrode. U. Install sleeves for piping penetrations of walls, ceilings, and floors. Comply with requirements for sleeves specified in Division 23 Section "Sleeves and Sleeve Seals for HVAC Piping." V. Install sleeve seals for piping penetrations of concrete walls and slabs. Comply with requirements for sleeve seals specified in Division 23 Section "Sleeves and Sleeve Seals for HVAC Piping." W. Install escutcheons for piping penetrations of walls, ceilings, and floors. Comply with requirements for escutcheons specified in Division 23 Section "Escutcheons for HVAC Piping." 3.6 VALVE INSTALLATION A. Install manual gas shutoff valve for each gas appliance ahead of copper connector. B. Install regulators and overpressure protection devices with maintenance access space adequate for servicing and testing. 3.7 PIPING JOINT CONSTRUCTION A. Ream ends of pipes and tubes and remove burrs. B. Remove scale, slag, dirt, and debris from inside and outside of pipe and fittings before assembly. C. Threaded Joints: 1. Thread pipe with tapered pipe threads complying with ASME B1.20.1. 2. Cut threads full and clean using sharp dies. 3. Ream threaded pipe ends to remove burrs and restore full ID of pipe. 4. Apply appropriate tape or thread compound to external pipe threads unless dryseal threading is specified. 5. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded or damaged. Do not use pipe sections that have cracked or open welds. D. Flared Joints: Cut tubing with roll cutting tool. Flare tube end with tool to result in flare dimensions complying with SAE J513. Tighten finger tight, then use wrench. Do not over tighten. 3.8 HANGER AND SUPPORT INSTALLATION A. Comply with requirements for pipe hangers and supports specified in Division 23 Section "Hangers and Supports for HVAC Piping and Equipment." B. Install hangers for horizontal steel piping with the following maximum spacing and minimum rod sizes: 1. NPS 1 and Smaller: Maximum span, 96 inches; minimum rod size, 3/8 inch. 2. NPS 1-1/4: Maximum span, 108 inches; minimum rod size, 3/8 inch. UMF CHP LP Gas Tank System 23 11 27 – Page 6 October 10, 2015 3. NPS 1-1/2 and NPS 2: Maximum span, 108 inches; minimum rod size, 3/8 inch. 3.9 CONNECTIONS A. Install LPG piping electrically continuous, and bonded to gas appliance equipment grounding conductor of the circuit powering the appliance according to NFPA 70. B. Install piping adjacent to appliances to allow service and maintenance of appliances. C. Connect piping to appliances using manual gas shutoff valves and unions. Install valve within 72 inches of each gas-fired appliances and equipment. Install union between valve and appliances or equipment. D. Sediment Traps: Install tee fitting with capped nipple in bottom to form drip, as close as practical to inlet of each appliance. 3.10 LABELING AND IDENTIFYING A. Label all exposed piping: “LP Gas” B. Install burial tap on top of all underground piping. 3.11 PAINTING A. Paint exposed, exterior metal piping, valves, service regulators, and piping specialties, except components with factory-applied paint or protective coating. 1. Alkyd System: MPI EXT 5.1D. a. Prime Coat: Alkyd anticorrosive metal primer. b. Intermediate Coat: Exterior alkyd enamel matching topcoat. c. Topcoat: Exterior alkyd enamel (semigloss). d. Color: Yellow. C. Damage and Touchup: Repair marred and damaged factory-applied finishes with materials and by procedures to match original factory finish. 3.12 FIELD QUALITY CONTROL A. Tests and Inspections: 1. Test, inspect, and purge LPG according to NFPA 58 and NFPA 54 the International Fuel Gas Code and requirements of authorities having jurisdiction. B. LPG piping will be considered defective if it does not pass tests and inspections. 3.13 OUTDOOR PIPING SCHEDULE A. Aboveground LPG piping shall be the following: 1. NPS 2 and Smaller: Schedule 40 steel pipe, malleable-iron threaded fittings and threaded joints. Coat pipe and fittings with protective coating for steel piping. 2. NPS 2-1/2 and Larger: Schedule 40, steel pipe with wrought-steel fittings and welded joints, or mechanical couplings. Coat pipe and fittings with protective coating for steel piping. 3.14 INDOOR PIPING SCHEDULE FOR SYSTEM PRESSURES MORE THAN 0.5 PSIG AND LESS THAN 5 PSIG A. Aboveground, branch piping NPS 1 and smaller shall be one of the following: 1. Annealed-temper copper tube, Type L with wrought-copper fittings and flared joints. 2. Schedule 40, steel pipe with malleable-iron fittings and threaded joints. B. Aboveground, distribution piping shall be the following: 1. Schedule 40, steel pipe with malleable-iron fittings and threaded joints. 3.15 ABOVEGROUND MANUAL GAS SHUTOFF VALVE SCHEDULE UMF CHP LP Gas Tank System 23 11 27 – Page 7 October 10, 2015 A. Aboveground Liquid Piping: 1. Two-piece, full-port, bronze ball valves with bronze trim. END OF SECTION 23 11 27 UMF CHP LP Gas Tank System 23 11 27 – Page 8 October 10, 2015 SECTION 23 13 00 – Above Ground Liquefied Petroleum Fuel Storage Tanks PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. American Petroleum Institute: 1. API 12P - Fiberglass Reinforced Plastic Tanks. 2. API 650 - Welded Steel Tanks for Oil Storage. 3. API 1615 - Installation of Underground Petroleum Storage Systems. 4. API 1632 - Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems. 5. API 2000 - Venting Atmospheric and Low-Pressure Storage Tanks: Nonrefrigerated and Refrigerated. C. NACE International: 1. NACE RP-02-85 - Corrosion Control of Underground Storage Tank Systems by Cathodic Protection. D. National Electrical Manufacturers Association: 1. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum). E. National Fire Protection Association: 1. NFPA 30 - Flammable and Combustible Liquids Code. 2. NFPA 31 - Standard for the Installation of Oil-Burning Equipment. F. Petroleum Equipment Institute: 1. PEI 100 - Recommended Practices for Installation of Underground Liquid Storage Systems. G. Steel Tank Institute: 1. STI ACT-100 - Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks. F. Underwriters Laboratories Inc.: 1. UL 58 - Steel Underground Tanks for Flammable and Combustible Liquids. 2. UL 142 - Steel Aboveground Tanks for Flammable and Combustible Liquids. 3. UL 567 - Pipe Connectors for Flammable Liquids and Combustible Liquids and LP-Gas. 4. UL 913 - Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division 1, Hazardous Locations. 5. UL 1316 - Glass Fiber Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures. 6. UL 2085 - Standard for Safety for Insulated Aboveground Tanks Flammable and Combustible Liquids. 1.2 SUMMARY A. Section Includes: 1. Aboveground fuel storage tanks. 2. Aboveground steel secondary containment dike tank. 3. Leak detection and location system. B. Related Sections: 1. Section 03 30 00 - Cast-In-Place Concrete: Product requirements for concrete pad by this section. UMF CHP LP Tank System 23 13 00 – Page 1 October 10, 2015 2. 3. 4. Section 05 50 00 - Metal Fabrications: Product and execution requirements for bollards for placement by this section. Section 26 05 26 - Grounding and Bonding for Electrical Systems: Product and execution requirements for grounding for placement by this section. Section 31 21 00 - Excavation: Product and execution requirements for excavation and backfill required by this section. 1.3 PERFORMANCE REQUIREMENTS A. Provide aboveground pad-mounted tank of single wall of welded steel construction. 1. Provide tank with tank gage. 2. Each Tank Capacity: a. Volume: 18,000 gallons b. Diameter: 132” +/c. Overall Length: 41’ +/1.4 SUBMITTALS A. Shop Drawings: 1. Tanks: Indicate for fuel oil tanks dimensions; number, size, and location of openings; number, size, and location of manholes; number and location of hold down straps, and accessories. Indicate dimensions, reinforcing steel size, and reinforcing steel location of concrete pad. B. Product Data: 1. Tanks: Submit manufacturer’s catalog information including capacity. 2. Leak Detection and Location System: Submit manufacturer’s catalog information for controller, alarm unit, cable type, and any other required appurtenances. C. Test Reports: Submit written test results for tank pressure test. D. Manufacturer's Installation Instructions: Submit tanks, and leak detection and location system data. E. Manufacturer's Certificate: 1. Certify tank meets or exceeds Industry requirements from applicable entities listed in Section 1.1 2. Submit certificate of evaluation of leak detection and location system by independent third party. F. Manufacturer's Field Reports: Not Required. 1.5 CLOSEOUT SUBMITTALS A. Project Record Documents: Record actual locations of manholes, tanks, and leak detection and location system. B. Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities. C. Operation and Maintenance Data: Submit spare parts lists. 1.6 QUALITY ASSURANCE A. Perform Work in accordance with NFPA 30 and NFPA 31. UMF CHP LP Tank System 23 13 00 – Page 2 October 10, 2015 B. Perform Work in accordance with State of Maine Propane and Natural Gas Installation as required by the Department of Professional and Financial Regulation. C. Evaluate leak detection and location system by independent third party according to Third Party Procedures developed according to US EPS's "Standard Test Procedure for Evaluating Leak Detection Methods: Liquid-Phase Out-of-Tank Product Detectors." Evaluation results to verify system manufacturer's claim regarding sensitivity, range and other performance data. D. Maintain one copy of each document on site. 1.7 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years experience. B. Above Ground Fuel Storage Tanks: Company specializing in manufacturing products specified in this section with minimum three years experience. C. Leak Detection Systems: Company specializing in manufacturing products specified in this section with minimum three years experience. D. Installer: Company specializing in performing Work of this section with minimum FIVE years experience and approved by manufacturer. 1.8 Not used 1.9 DELIVERY, STORAGE, AND HANDLING A. Per manufacturer’s requirements. 1.10 ENVIRONMENTAL REQUIREMENTS A. Do not install tank foundations when bedding is wet or frozen. 1.11 FIELD MEASUREMENTS A. Verify field measurements prior to fabrication. 1.12 COORDINATION A. Coordinate installation of tank with plumbing and electrical trades. 1.13 WARRANTY A. Furnish five year manufacturer warranty for tanks. B. Furnish five year manufacturer warranty for leak detection and location system. UMF CHP LP Tank System 23 13 00 – Page 3 October 10, 2015 PART 2 - PRODUCTS 2.1 ABOVE GROUND FUEL STORAGE TANKS A. Manufacturers: 1. Highland Tank 2. Clawson Tank 3. Lannon Tank Corporation 4. Approved Equal B. Furnish materials in accordance with the State of Maine rules and regulations applicable to aboveground LP gas tanks. C. Tank Configuration: Cylindrical. D. Primary Tank: Single wall steel tank constructed in accordance with UL 142 not less than 3/16 inch (5 mm) thick. E. Finish: Factory painted with industrial epoxy and urethane coating with dry film thickness of 4 mils (0.1 mm). Color: white. F. Normal Vent: Furnish each compartment of primary tank with 2 inch (50 mm) updraft venting device exhausting upward at elevation of at least 12 feet (3.7 m) aboveground. Size vent in accordance with NFPA 30. G. Emergency Vent: Furnish each compartment of primary tank with emergency vent sized in accordance with NFPA 30. Do not use access openings for emergency venting purposes. H. Monitor Port: Minimum 2 inch (50 mm) steel pipe with locking cap to be used for detecting leaks between primary and outer tanks. I. Accessories: 1. Level Gage: Mechanical float activated level gage capable of indicating approximate fluid level in tank reading in feet and inches. 2. Tank Decals: Furnish warning and tank identification signs located prominently on tank following local code requirements. J. Capacity: 1. Volume: 18,000 gallons. 2. Diameter: 132” +/3. Overall Length: 41’ +/4. Tank Fittings: a. Fill: Coordinate with Purchaser LP Gas Supplier b. Vent: Minimum size required by code, galvanized, including "T" and elbow assembly with 1/4 inch (6 mm) square mesh screen over inlet. c. Suction: minimum size required by code, anti-siphon connection to tank bottom with foot valve. d. Return: Minimum size required by code e. Gage fitting Minimum size required by code 5. Manway: 22 inch (550 mm) diameter, with cover and gasket, and extension sleeve; located at top of tank. UMF CHP LP Tank System 23 13 00 – Page 4 October 10, 2015 2.2 LEAK DETECTION AND LOCATION SYSTEM A. Manufacturers: 1. Highland Tank 2. Clawson Tank 3. Lannon Tank Corporation 4. Approved Equal B. Furnish materials in accordance with the State of Maine rules and regulations applicable to aboveground LP gas tanks. C. Product Description: Microprocessor based monitoring unit, sensor cable, probes, system layout map, and auxiliary equipment to provide continuous monitoring of sensing strings for leaks, shorts, breaks, and probe activation. When any of these conditions occur at any point along cable, alarm sounds, type of condition is identified and location displayed. System monitors interstitial space of double contained tanks. Construct system to meet requirements of UL 913. D. Performance: 1. Detect and identify location of first leak within 0.2 percent of sensor string length or 5 feet (1500 mm), whichever is greater. Identify type of alarm. 2. Sensing String Length: Monitor up to 500 feet of cable for each sensor string from single monitoring unit. 3. Multiple Leaks: Detect and locate multiple leaks or additional liquid on sensor cable. 4. Breaks and Shorts: Identify location of breaks and shorts on cable. When faults occur, sound alarm, and display on front of monitoring unit type of fault and location of fault. 5. Liquids Detected: Only hydrocarbons are to be detected. 6. Remote Annunciation: Furnish relays for remote indication of alarm conditions. Relays indicate no alarm conditions exist, alarm condition exists but has not yet been acknowledged, and alarm condition exists and has been acknowledged. Communications available via RS-232 and ASCII communication protocols to allow central point monitoring and control via remote computer. 7. Archives: Record significant events in nonvolatile memory with capacity of 900 events. When memory becomes full, recorded events are deleted from memory on first-in-first-out basis. Each recorded event includes time and date event occurred. Archives retrievable through RS-232 and ASCII communication protocols. 8. System Status: Continuously give positive indication of monitoring sensing string and status of sensing string. System clock indicates time and date on LCD of monitoring panel. System clock is programmable. Include time and date indication for events recorded in memory. 9. Security: Assignable password security for varying levels of system access. Minimum of 20 passwords available within system. System to not allow unauthorized modifications to sensing string to be made without causing alarm condition. 10. Sensor Types: Capable of monitoring sensor cables, probe sensors, and switch sensors such as float switches, and pressure switches, from same monitoring panel. English language displays indicate status of sensors. 11. Sensitivity: System to not detect incidental liquid contact. Sensitivity field adjustable to increase or decrease amount of wetted cable needed to cause alarm. E. Components: 1. Monitoring Unit: a. Indicates when liquid comes in contact with sensor cable by sounding alarm, actuating output relays, displaying message leak has been detected and giving location of leak on sensing string. b. Unit furnished with green LED on panel front indicates unit is powered. Furnish two line by forty character backlit LCD visible from front of unit to provide system data. Red LED on UMF CHP LP Tank System 23 13 00 – Page 5 October 10, 2015 2. panel front indicates alarm condition has occurred. Unit power requirements: 120/240 VAC, 100 VA, 50/60 Hz, single phase. Equip with RS-232 communication port and minimum of one common and one SPDT output relay for each cable, rated for 250 VAC, 10 amp. c. Enclose in modified NEMA 250 Type 4X enclosure. UL listed to provide connections for intrinsically safe sensor circuits for use in hazardous locations. Ability to locate leak does not depend on battery backed up functions. In event of power failure, store system conditions and parameters in nonvolatile memory allowing unit to automatically resume monitoring, without resetting, upon restoration of power. Furnish on-off switch in panel. Sensor Cable: Coaxial construction consisting of insulated copper center conductor, spacer material, and outer braid. Center conductors not less than 20 AWG for mechanical strength. Cables field repairable. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify excavations are to required grade, dry, and not over-excavated. B. Verify concrete pad is ready for tanks installation. 3.2 INSTALLATION - ABOVEGROUND TANKS A. Install aboveground tanks in accordance with API 1615, PEI 100, NFPA 30, and NFPA 31. B. Check factory installed equipment and accessories for loosening during transit. C. Clean and flush tanks prior to delivery to site. Seal until pipe connections are made. D. Install aboveground tanks on concrete foundation. Secure with manufacturer-supplied anchoring devices. E. Backfill tank foundation in accordance with manufacturer’s instructions. F. Install aboveground tank supports in accordance with applicable codes and manufacturer’s instructions. G. Install grounding for aboveground tanks in accordance with applicable codes and manufacturer’s instructions. H. Install piping connections to tanks. Provide venting in accordance with API 2000. I. Tank Accessories: 1. Install tank accessories shipped loose with tank. 2. Install the following tank accessories: anti-siphon devices, overfill shutoff and alarms, vents, gages, emergency vents and other required appurtenances. J. Adjust liquid level gages before initial start-up and after filling of tank. K. Install aboveground tanks in accordance with applicable code. UMF CHP LP Tank System 23 13 00 – Page 6 October 10, 2015 3.3 INSTALLATION - LEAK DETECTION AND LOCATION SYSTEM A. Install cable on flat surfaces with hold down clips every 8 feet (2400 mm) and cable tags every 50 feet (15 m). B. Graphic Locator Map: Provide location map with system reflecting actual installation showing system configuration and sensing string layout. Furnish length along cable as references to locate leaks. Base footage on calibration points. C. Calibration Points: Record calibration points along sensing string in accordance with manufacturer's procedures. Provide sensor cables with cable tags every 50 feet (15 m). D. Direct Buried of Hydrocarbon Sensing Cable: 1. Replace cable damaged during installation. 2. Seal cable ends to prevent moisture ingress. 3. Install cable so connectors are accessible in junction boxes at grade or in manholes, valve pits or other locations. 4. Install cable from underground to grade using PVC pipe. 5. Install on prepared bedding. 6. Backfill cable with 6 inches of sand placed on top of cable and compacted prior to pipe installation. 7. Where cable is to be covered by concrete or other structures, install sensor cable in slotted PVC pipe. Install with access points space 4 feet apart to allow replacing and servicing. 8. Install Work in accordance with State of Maine rules and regulations. 3.4 FIELD QUALITY CONTROL A. Field inspecting, testing, adjusting, and balancing as recommended by manufacturer. B. Pressure test aboveground tanks in accordance with the following: 1. Pressure test tank as required by code. 2. Repair leaks. 3. Retest until no leaks are detected. C. Field Testing Leak Detection System: 1. Perform tests to demonstrate ability of system to detect and locate breaks, shorts and probes on sensor string. 2. Perform leak testing in accordance with the following procedure to verify operation and ability to work with condensation pools or other static moisture: a. Wet sensor cable near start of sensor string and acknowledge detection or location alarm and recheck system. b. Wet sensor cable near end of sensor string with first location still wetted and acknowledge detection or location alarm and recheck system. c. Wet sensor cable in three additional locations between first and second leak locations with each detection or location alarm being acknowledged and prior leak locations still wetted. 3. Prepare and submit report verifying each leak location and detection accuracy. Furnish history print out of test results from panel. [Submit TDR traces for each test run to allow verification of wet locations.] END OF SECTION 23 13 00 UMF CHP LP Tank System 23 13 00 – Page 7 October 10, 2015 SECTION 23 18 10 – LP GAS ELECTRIC GAS VAPORIZER PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. The vaporizer shall comply with Class I, Division 1, Group D requirements as specified by NFPA Pamphlets #58 and #70 and Zone 1 Hazardous Locations in Europe. C. Marking and installation information: 1. NFPA Pamphlet 70 requirements for Class I Division 1 Group D 2. NFPA Pamphlet 58 requirements for Electric Vaporizers 3. May be installed per indirect fired vaporizers limitations 4. FM, FMc, NEMKO, PED and CE approved 5. EEx d IIB T3 6. NEMKO 04 ATEX 1026X 1.2 SUMMARY A. Section Includes: 1. Pipes, tubes, and fittings. 2. Piping specialties. 3. Piping and tubing joining materials. 4. Valves. 5. Pressure regulators. B. Related Sections: 1. Section 23 11 27 “LP Gas Piping” PART 2 – PRODUCTS 2.1 VAPORIZER COMPONENTS A. B. Pressure Vessel 1. Encloses a cast aluminum core which shall be the heat transfer medium. The unit shall be electrically heated by independent "cast-in" resistance heater elements. The operating temperature controller will utilize a low voltage control system and an analog sensing device. The vaporizer will require a maximum of .25 KW of electrical power to vaporize 1 Gallon of propane. 2. Each electric vaporizer shall consist of a vertical tubular pressure vessel through which propane flows. The pressure vessel shall be fabricated in accordance with the ASME code for pressure vessels for an internal working pressure of 250 PSIG. The pressure vessel shall be equipped with a relief valve to prevent unsafe internal pressure. The relief valve shall be sized in accordance with NFPA Pamphlet #58. The pressure vessel shall be covered with an insulating jacket to minimize radiant heat loss. Explosion proof control box UMF CHP LP Gas Tank System 23 18 10 – Page 1 October 10, 2015 1. The vaporizer is capable of accepting an optional energy (Economy) conservation system that automatically closes the outlet of the vaporizer when natural storage tank vaporization rates are sufficient to maintain the demand. The optional energy (Economy) conservation system also automatically opens the outlet of the vaporizer and begins vaporizing liquid propane when the natural storage tank vaporization rate becomes insufficient to meet the demand. PART 3 – EXECUTION 3.1 VAPORIZER INSTALLATION A. The contractor shall furnish and install TORREXX Electric Vaporizer(s) as manufactured by Algas-SDI International, LLC (ASDI), or approved equal B. Vaporizer to be listed in the Factory Mutual Systems (FM) approval guide. C. The vaporizer shall be equipped with two independent direct monitoring high temperature safety shutdown devices, and a float activated high liquid level safety manual reset valve to prevent passage of liquid propane downstream. In the event of: 1. High temperature shutdown - power to the heating elements shall shut down and the inlet solenoid valve shall close. The former shall prevent the core from overheating whereas the latter shall prevent the liquid propane from coming inside the pressure vessel. Remaining heat energy supplied by the vaporizer shall cause the remainder of the liquid propane in the pressure vessel to get vaporized and consumed by downstream equipment. After the occurrence and correction of a safety shutdown manual reset button on the control board shall be reset and the vaporization process shall resume. 1. Liquid carryover shutdown - liquid inside the pressure vessel will rise causing the manual reset valve to close. The manual reset valve shall provide a pressure tight seal at the outlet of the vaporizer preventing the escape of liquid. Heat energy supplied by the vaporizer shall cause the remaining liquid in the pressure vessel to be pushed back to the storage tank. After the occurrence and correction of a safety shutdown situation manual reset valve can be reset and the vaporization process shall resume. 2. Power interruption - power to the heating elements shall shut down and the inlet solenoid valve shall close preventing liquid from entering the pressure vessel. Residual heat energy supplied by the vaporizer shall cause the remaining liquid propane in the pressure vessel to vaporize and consumed downstream equipment. Once the power is restored, vaporizer shall heat up and inlet solenoid valve shall open to allow further liquid to be vaporized thus restoring propane supply to downstream equipment. D. Provide vaporizer with an explosion proof control box. Mount in location to be determined by Owner. E. Provide bollards in front of Vaporizer as required. END OF SECTION 23 18 10 UMF CHP LP Gas Tank System 23 18 10 – Page 2 October 10, 2015 LP GAS TANK SYSTEM RFP - FOR COORDINATIO N PURPOSES ONLY SCOPE DELINEATION POINT LP GAS TANK SYSTEM RFP FOR COORDINATION PURPOSES ONLY COUPLING BY LP TANK SUPPLIER LP TANK SUPPLIER CHP CONTRACTOR