ESBD_473244_1764781754569_Attachment A - Project Manual - 809-26-0002 REJ Balcony Handrail Refurbishment.pdf

State Preservation Board Robert E. Johnson Bldg. – Balcony Railing Design 000111-1

ATTACHMENT A

PROJECT MANUAL

SECTION 000111

TABLE OF CONTENTS

Title Section

Table of Contents Site Rules Construction Agreement: The Owner’s forms listed below will be used to execute a contract with the successful Bidder. The Bidding Documents prepared by Engineer will be attached as Exhibits to the Owner’s Contract. including these specifications, Drawings, and bid form (as completed by Successful Bidder).

2015 Uniform General Conditions (UGC) 1 – incorporated by reference Special General Conditions to the State of Texas 2015 Edition of the Uniform General Conditions for Construction Contracts Supplementary General Conditions (SGC) to the 2015 Edition of the UGC 1 2018 SGC to the 2015 Edition of the UGC 1 1 These standard documents are not provided, but are incorporated herein by reference. Bidder may obtain a copy at the Texas Facilities Commission’s website:

https://www.tfc.texas.gov/divisions/facilities/prog/construct/formsindex/

Specifications Division 1 – General Requirements

Summary of Work Administrative Requirements Contractor Warranty Submittal Procedures References Quality Assurance Temporary Facilities and Controls Product Requirements Cleaning and Waste Management

Division 5 – Steel Structural Steel http://www.tfc.texas.gov/divisions/facilities/prog/construct/formsindex/

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Division 7 – Thermal and Moisture Protection Sealant Installation

END OF TABLE OF CONTENTS

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SECTION 007101

SITE RULES

These rules apply to contractors performing work on this site, and are not specific to this Project;

therefore, if these rules conflict with other provisions of these Contract Documents, these generic rules shall be considered subordinate to the specific requirements for this Project as disclosed in these Contract Documents.

1. Parking: A limited amount of street parking will be provided for Contractor's use; the amount and location of parking spaces are to be determined.

2. Smoking: All state office buildings are designated clean-air facilities by law. Smoking is not permitted inside or within 15 feet of any entrance.

3. Radios/Music: Contractor's use of audio equipment is prohibited on the premises.

4. Clean-up: All clean-up of tools and equipment must be accomplished off-site and not on the grounds or in any building. Contractor shall not dispose of any hazardous chemicals or any type of solids using the State's sanitary or storm sewer systems. All construction debris and trash must be removed from the construction area daily using covered carts.

5. Layout and Storage: Contractor shall only use the confines of the limits of construction for storage, layout, staging, supplies, materials, equipment, assemblies, and work.

6. Electrical Power: No electricity is available at the work site. Contractor must provide all power necessary for the work using generators or batteries. Contractor is not to use power from the cemetery grounds grid or any building at any time.

7. Domestic Water: Non-potable water is available on-site and Contractor will coordinate with the State Preservation Board for access. Contractor must provide hoses as necessary.

If hoses cross sidewalks, Contractor may be required to provide temporary ramps or other protections to avoid a tripping hazard. Contractor shall not connect to any hose bib without authorization from SPB.

8. Safety: Contractor shall provide a safe working environment at all times inside the designated construction area. Signage and caution tape should be employed at all times to prevent visitors and unauthorized personnel from entering the construction area or crossing the pathway of vehicles entering or exiting the construction area. The Contractor is advised that visitors are usually present during the work day and advised to be aware of visitors during any work performance.

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9. Site Protections: Contractor shall take all necessary precautions to protect all existing landscape elements and underground utilities during the work. This includes turf, manholes, irrigation, electrical, plumbing, storm sewer, etc. Weight distribution mats shall be used under heavy equipment at all times. Curbs must be protected with custom ramps and all vehicles must use the ramps. Contractor is responsible for any loss due to damage to, or destruction of, any landscape, hardscape, or utilities in the work area.

10. Signs: Contractor shall provide all signs needed and maintain them throughout the project.

For this project, signs must address the following issues:

a) Define the boundaries of the Construction Area.

b) Define required safety measures within Construction Area (e.g., hardhats).

c) Prohibit unauthorized personnel inside the Construction Area.

The Contractor may also attach to the construction fence up to two (2) copies of a Project Sign. Typically, Project Signs include a project title, graphic image of the completed project, name of the general contractor, etc. The sign should NOT include a completion date. The design for all signs must be submitted to SPB for approval prior to fabrication or posting of the sign.

11. Schedule and Work Plan: Prior to commencing work, Contractor shall obtain approval from SPB of a schedule and work plan which demonstrates how the work will be accomplished in the allotted time and meet all requirements of the SPB.

12. Modifications to Special Conditions: Changes to the requirements of the Special Conditions may be approved by SPB after review and discussion of the Schedule and Work Plan, depending on the hardships presented in accomplishing the work. SPB may make additional expectations of the Contractor in response to changes in the scope of work occurring after the execution of this document.

13. Forced Delays: SPB may stop the work temporarily at any time for any reason. Forced delays occur rarely when the Contractor's work is impacting cemetery operations in a negative way (i.e., disrupting a funeral or memorial service, etc.)

14. Construction Area Security: Contractor shall secure the construction area at the end of each workday to prevent unauthorized access. Contractor shall provide SPB 24-hour access to the site, including a key or combination to the lock on the construction area gate.

15. Trees: The ability of the SPB to cure construction injuries on trees is very limited, so the Contractor's focus shall be on the prevention of damage. Contractor shall take all necessary precautions to protect trees and their roots from damage. To the extent possible, root zones shall be kept free of equipment and materials. Any necessary trimming shall be performed only with prior approval from SPB.

END OF SITE RULES

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SECTION 007301

SPECIAL GENERAL CONDITIONS TO THE

STATE OF TEXAS 2015 EDITION OF THE

UNIFORM GENERAL CONDITIONS FOR

CONSTRUCTION CONTRACTS

22.2 Page 10, Article 2, Item 2.2.1.3 add new Subparagraph 2.2.1.3.1:

2.2.1.3.1 : Owner’s Prevailing Wage Schedule will be defined by the Davis-Bacon Wage

Determinations dated November 22, 2024.

"General Decision Number: TX20240271 11/22/2024

Superseded General Decision Number: TX20230271

State: Texas

Construction Type: Building

County: Travis County in Texas.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |

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|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/05/2024 1 01/12/2024 2 04/05/2024 3 06/14/2024 4 07/12/2024 5 08/30/2024 6 11/08/2024

ASBE0087-014

06/03/2024

11/22/2024

Rates

Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR (Duct, Pipe and Mechanical System Insulation)....$ 29.50 8.79

BOIL0074-003 07/01/2023

Rates Fringes

BOILERMAKER......................$ 37.00 24.64

CARP1266-002 01/01/2022

Rates Fringes

CARPENTER (Excludes Acoustical Ceiling http://www.dol.gov/whd/govcontracts

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Installation, Drywall Hanging, Form Work, and Metal Stud Installation)...............$ 26.00 9.12

ELEC0520-005 01/02/2022

Rates Fringes

ELECTRICIAN

Excludes Installation of Sound and Communication Systems.....................$ 31.52 11%+5.73 Low Voltage Wiring Only.....$ 31.52 11%+5.73

ELEV0133-002 01/01/2024

ELEVATOR MECHANIC................$ 49.38 37.885

Footnote:

A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked.

B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Veterans Day.

ENGI0450-002 04/01/2024

POWER EQUIPMENT OPERATOR

Cranes......................$ 39.47 10.39

* IRON0084-011 06/01/2024

IRONWORKER, ORNAMENTAL...........$ 28.26 8.13

PLUM0286-010 06/03/2024

PIPEFITTER (Including HVAC Pipe Installation)...............$ 36.15 15.92

SFTX0669-002 04/01/2024

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SPRINKLER FITTER (Fire Sprinklers)......................$ 36.15 23.88

SHEE0067-007 07/03/2024

Rates Fringes

SHEET METAL WORKER

Excludes HVAC Duct Installation................$ 32.24

15.89

HVAC Duct Installation Only.$ 32.24 15.89

* SUTX2014-049 07/21/2014

Rates Fringes

BRICKLAYER.......................$ 20.07 0.00

CARPENTER (Acoustical Ceiling Installation Only)...............$ 14.00

0.00

CARPENTER (Form Work Only).......$ 15.62 ** 0.05

CEMENT MASON/CONCRETE FINISHER...$ 15.71 ** 0.00

DRYWALL FINISHER/TAPER...........$ 17.06 ** 4.43

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 17.47

3.45

ELECTRICAL INSTALLER (Sound and Communication Systems) (Excludes Wiring)................$ 18.00

2.30

FLOOR LAYER: Carpet.............$ 21.88 0.00

GLAZIER..........................$ 12.83 ** 0.00

HVAC MECHANIC (HVAC Unit Installation Only)...............$ 23.78

6.89

IRONWORKER, REINFORCING..........$ 12.27 ** 0.00

IRONWORKER, STRUCTURAL...........$ 20.73

5.24

LABORER: Common or General......$ 11.44 ** 0.00

LABORER: Mason Tender - Brick...$ 12.22 ** 0.00

LABORER: Mason Tender -

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Cement/Concrete ..................$ 11.85 ** 0.00

LABORER: Pipelayer ..............$ 12.45 ** 0.00

LABORER: Roof Tearoff ...........$ 11.28 ** 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe ...... $

19.43

3.49

OPERATOR: Bobcat/Skid Steer/Skid Loader ............... $

13.00

OPERATOR: Bulldozer .............$ 14.00 ** 0.00

OPERATOR: Drill .................$ 14.50 ** 0.00

OPERATOR: Forklift ..............$ 16.64 ** 6.26

OPERATOR: Grader/Blade ..........$ 19.30 0.00

OPERATOR: Loader ................$ 14.00 ** 0.00

OPERATOR: Mechanic ..............$ 18.75 5.12

OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ........ $

16.03

OPERATOR: Roller ................$ 11.25 ** 0.00

PAINTER (Brush, Roller and Spray), Excludes Drywall Finishing/Taping ................ $

18.76

6.35

PLUMBER, Excludes HVAC Pipe Installation .................... $

23.57

6.37

ROOFER ...........................$ 12.00 ** 0.00

TILE FINISHER ....................$ 11.32 ** 0.00

TILE SETTER ......................$ 16.35 ** 0.00

TRUCK DRIVER: Dump Truck ........$ 12.39 ** 1.18

TRUCK DRIVER: Flatbed Truck .....$ 19.65 8.57

TRUCK DRIVER: Semi-Trailer Truck ........................... $

12.50

TRUCK DRIVER: Water Truck .......$ 12.00 ** 4.11

WATERPROOFER .....................$ 16.30 ** 0.06

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WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

http://www.dol.gov/agencies/whd/government-contracts

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Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

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A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

State Adopted Rate Identifiers

Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R �1.3(g)-(h). Example: SAME2023-007

01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

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2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

END OF SECTION

011101-1

PART 1 - GENERAL

1.01 DESCRIPTION

SECTION 011101

SUMMARY OF WORK

A. The Robert E. Johnson State Building is located at 1501 Congress Avenue in Austin, Texas. The structure is a 6-story, 303,389 square foot office building built in 2000, with a balcony on the top floor along the west elevation. The State Office of Risk Management conducted an on-site consultation on February 21, 2019, which stated that although there is a railing on the balcony, the railing may not be sufficient to prevent a fall and could present an unnecessary risk to staff and the agency. The balcony has been out of service since the report.

B. The Work consists primarily of replacing the balcony railing to meet requirements of the current building code and replacing sealant in the cast-stone (concrete) coping.

C. The Work summarized in this Section 011101 is provided as a convenience and may not be inclusive of all specified work.

D. Reference the Drawings for graphical depiction of the locations where Work is to be completed and the relationship and orientation of components. The purpose of the Drawings is to show the finished configuration of the Work, and not the intermediate steps, means, and methods in executing the Work. The Drawings show typical details, and are not intended to show complete details in every respect.

E. Anything mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both.

1.02 DISCLOSURES

A. The following disclosures are listed for Contractor’s convenience, and may not be exhaustive or comprehensive. This partial summary of disclosures shall not be construed as representing that either Engineer or Owner believes there is no other information that would be valuable to Contractor, nor shall it relieve Contractor of its obligation to perform its own independent study before submitting a Bid.

B. None.

1.03 WORK INCLUDED

A. Base Bid: Furnish all materials, labor, equipment, and services necessary for and incidental to the execution and completion of the following Work.

1. Section 013001 – Administrative Requirements

a) Inspect balcony surfaces, existing railing, connections, and precast architectural concrete trim for distress, such as cracks, holes, loose connections, or spalls. Mark distress on drawings and record on video; submit distress drawings and video with

011101-2

Pre-Job Damage Survey (Section 013001). Review distress with Engineer prior to performing remedies.

2. Section 015001 – Temporary Facilities and Controls

a) Provide barricading, access equipment, and permits.

3. Section 017401 – Cleaning and Waste Management

a) Clean new balcony railing, precast architectural concrete trim, and balcony surfaces at completion of Work.

4. Section 051201 – Structural Steel

a) Fabricate and install new steel support arms and railing.

b) Install steel angles and expansion anchors at precast architectural concrete coping.

5. Section 079201– Sealant Installation

a) Replace sealant at precast architectural concrete coping.

1.04 SUBCONTRACTORS

A. Contractor is responsible for the work performed by Subcontractors.

B. Subcontractors are subject to acceptance by Owner.

1.05 COMMENTARY

A. Where used in these Specifications, "Commentary" provides supplemental, non-mandatory information to assist Contractor to interpret these Specifications.

Commentary is set off from the text of the specifications by a box, and is not part of the Contract Documents.

1.06 GENERAL REQUIREMENTS

A. The Sections of Division 1 – General Requirements govern the execution of all

Sections of the Specifications.

B. Commencing the Work of each Section implies that Contractor has inspected and accepts the existing conditions, and that all pertinent RFIs have been answered sufficiently in accordance with Section 014301.

PART 2 - PRODUCTS

Not Used

PART 3 - EXECUTION

Not Used

013001-1

SECTION 013001

ADMINISTRATIVE REQUIREMENTS

1.01 MEETINGS AND COMMUNICATION

A. Attend all meetings called by Property Contact or Engineer. Contractor’s representative at meetings shall have authority to bind Contractor, Subcontractors and suppliers to revisions, modifications, and decisions agreed upon.

B. Advise Engineer at least 24 hours in advance of progress meetings regarding items to be added to the agenda.

C. Meetings will be scheduled a minimum of 48 hours in advance, unless agreed otherwise by all attendees.

D. Initiate no communication (including meetings or telephone calls) directly with Owner or Property Contact, except where specifically required by these Specifications or regarding safety or an emergency. Engineer is the designated administrator of the Contract Documents, and shall be contacted prior to other parties for communication other than coordination of the Work.

E. If anyone becomes injured at the site related to the Project, immediately notify Engineer and Property Contact by telephone; follow up within 24 hours with a written incident report, providing the cause of the injury, the person injured, and the actions taken.

F. Some project communication will use electronic mail (email). Maintain an email account during the Project.

G. Engineer, Property Contact, and Owner each authorize Contractor to contact them by telephone, fax, and e-mail concerning this Project (subject to the restrictions outlined above). Similarly, Contractor authorizes Engineer, Property Contact, and Owner to contact Contractor by telephone, fax, and e-mail concerning this Project.

No further authorization will be required to comply with “do not call” laws or similar rules.

H. Contractor shall reply to telephone or email messages within 2 business days after being sent by Owner or Engineer.

1.02 SCHEDULE

A. Divide the Work into zones, and identify each zone with a unique number. Submit large-scale drawings identifying the zones.

B. Submit initial schedule before mobilizing to the site to commence the Work.

C. Submit an updated schedule each time the previously submitted schedule becomes inaccurate, but no less often than with each application for payment.

1.03 COORDINATION, SEQUENCING, AND SCHEDULING

A. Coordinate the Work with Property Contact and conduct work in a manner to minimize inconvenience to tenants and management and to expedite the Work.

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B. Building Operating Hours are defined as 8:00 a.m. to 5:00 p.m. Monday through Friday. Notify Property Contact at least 48 hours in advance to coordinate Work to be performed outside of Building Operating Hours (“After-Hours”).

C. The Work is generally intended to be performed during Building Operating Hours.

D. Notify Property Contact at least 48 hours in advance of areas that may be required to be restricted from public access, including parking spaces.

E. Provide sufficient and adequate materials, personnel, and equipment to facilitate rapid completion of the Work without undue delays.

F. Coordinate scheduling, submittals, and Work of the various Sections of the

Specifications to ensure efficient and orderly sequence of installation of interdependent construction elements.

G. Coordinate and schedule phases of the Work of the Contract Documents with Property Contact, Engineer, Subcontractors, material suppliers and other parties as necessary to ensure the smooth and orderly transition of separate phases and to meet the schedule and requirements of Owner.

H. To avoid conflict of operations or delay in completion of the Work, Engineer may provide Contractor with non-binding recommendations pertaining to the methods, sequencing, and priority of the operations, without taking responsibility for the execution or results thereof. Engineer will not be responsible for nor have control or charge over the acts or omissions of Contractor; Contractor shall remain solely liable for performance.

1.04 DAILY CHECK-IN PROCEDURES

A. Each day, ensure that Superintendent checks in with security.

1.05 IDENTIFICATION

A. Ensure that all personnel on site have company logo conspicuously displayed on hard hats and shirts or safety vests.

B. Wear Owner-provided badges (if any) conspicuously while working at site.

1.06 LAVATORIES

A. Only use designated restroom facilities while on site. Contractor is responsible for damage.

1.07 STORAGE

A. Supply temporary, secure storage required for equipment and materials for the duration of Project within the barricaded work area. Alternatively, Contractor may obtain necessary permits to place a trailer required for equipment and materials for the duration of Project on the street.

B. Coordinate exact location of temporary storage with Property Contact.

1.08 PARKING

A. Limited parking spaces will be provided by Owner at the site for Contractor's personnel.

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B. Limited access is available to unload materials.

C. Do not leave Contractor vehicles on site overnight without the Property Contact's consent.

1.09 TRASH DISPOSAL

A. Do not use Owner's trash disposal systems. Collect construction debris and trash within barricaded work area in covered bins and haul off daily.

1.10 CHANGES TO SCOPE OF WORK

A. The Specifications and Drawings reflect existing conditions to the best of Owner's and Engineer's knowledge. Should minor conditions be encountered which are not exactly as indicated, Contractor shall make modifications to the scope of work as required at no additional cost to Owner.

B. To achieve satisfactory performance from the Work, it may be necessary to conduct unanticipated minor work items encountered during the course of the Work. On behalf of Owner, Engineer will suggest additional work items as appropriate. No Change Orders for additional payment will be considered for additional work items unless they represent a substantial change to the scope of Work.

C. For substantial changes, promptly submit a Change Proposal, including changes in scope, price, or time. Change Proposal pricing shall be broken out and calculated as follows:

1. Contractor’s direct costs (including Subcontractors, material, labor, and equipment).

2. Overhead and profit (combined factor), per the Bid Form.

3. Cost of bonds, applied to the sum of the above items.

1.11 WEATHER CONDITIONS

A. Do not proceed with the Work under adverse weather conditions, immediately after rainfall (for water-sensitive products), or when climatic conditions are outside manufacturers' recommended limitations for installation. Proceed with the Work only when weather forecasts are favorable for proper development of the performance characteristics of the materials.

B. Anticipate and include in the Contract Time adequate lost time due to adverse weather conditions that are normal for the site during the planned construction season.

Commentary – Non-Mandatory Information: Proposed changes to the Contract Price or Contract Time that are not submitted by Contractor in a timely manner will not be considered by Owner. Owner is NOT obligated to compensate Contractor for work performed by Contractor that is beyond the scope of fully executed Contract Documents, Changer Orders, and/or Work Change Directives.

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C. At Contractor’s discretion, Contractor may designate a Weather Day for a day on which any of the following occur:

1. The chance of rainfall at the site is forecast in advance to be 40 percent or greater.

2. Rainfall occurs at the site.

3. Rainfall on a previous calendar day has not evaporated completely, and wet substrates impair the proper execution of the Work.

4. The ambient temperature is above or below manufacturers' recommended limitations for installation of materials.

5. The wind speed at the site exceeds 25 miles per hour for more than 1 hour.

D. At Contractor’s discretion, Contractor may perform non-sensitive work at the site on a Weather Day. However, Engineer will not monitor the Work on a day designated by Contractor as a Weather Day.

E. Submit requests for Contract Time extensions due to inclement weather as they occur; do not wait until the end of the project. Submit with requests sufficient supporting documentation for Engineer to determine the legitimacy of Contractor’s claim, including at a minimum:

1. Contractor’s log of forecasted and actual weather conditions at the site; and

2. Weather data downloaded from a governmental or recognized news agency

Internet site.

1.12 PROTECTION

A. Provide barricades and signs in accordance with Section 015001.

B. Protect building, property, equipment, roads, approaches, parking areas, loading dock areas, sidewalks, vehicles, and landscaping from damage due to the Work, including contamination, soiling, staining, or defacing.

C. Protect installed work, and provide special protection if specified in individual technical specification Sections.

1.13 DAMAGE

A. Conduct, and record on video, a pre-job damage survey of the site. Include sidewalks and other areas used during construction. Submit video with Pre- Construction Submittals.

Commentary – Non-Mandatory Information: The intent of these weather provisions is to define when a reasonable person would expect Contractor to work on the site. Working in inclement weather can be hazardous and can jeopardize the integrity of the Work. Contractor’s proposed Contract Time should include a reasonable number of Weather Days, based on prevailing local conditions. If the actual designated Weather Days exceed the prevailing local conditions and Contractor has prosecuted the Work diligently, then the Contract Time may be extended; but it is Contractor’s burden to substantiate a claim for increased Contract Time.

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B. Inspect balcony surfaces, existing railing, connections, and precast architectural concrete trim for distress, such as cracks, holes, loose connections, or spalls. Mark distress on drawings and record on video; submit distress drawings and video with Pre-Job Damage Survey. Review distress with Engineer prior to performing remedies.

C. Immediately report to Property Contact and Engineer damage caused by Contractor.

D. Accept responsibility for damage as having been caused by performance of the

Work that is:

1. Not reported by Contractor to the Property Contact in the pre-job damage survey as specified above,

2. And discovered and reported to Contractor prior to Final Completion.

E. Accept responsibility for damage to finishes and property caused by performance of the Work during the project, from Contractor’s first mobilization to the site until Final Completion, except for distress locations identified during the pre-job damage survey or in Owner’s logs (if any). Immediately report damage discovered to Engineer and the Property Contact.

F. At Owner’s discretion, for damage caused by performance of the Work:

1. Repair damage at no cost to Owner, and to the pre-job condition to Owner’s satisfaction. Solicit specifications from Engineer for repair of damage prior to implementing repairs.

2. Reimburse Owner for cost of repairs performed by others.

1.14 CIVILITY

A. Ensure that personnel remain reasonably quiet during Building Operating Hours.

Except in emergency, do not shout on the site.

B. Recreational radios are not allowed at the site.

C. No profanity, alcoholic beverages, or intoxication are permitted on the site.

D. Congregate only in areas designated by Property Contact for personnel breaks and meals.

E. Smoking is prohibited anywhere on the property and within 15 feet of any entrance.

Pick up cigarette butts and discard into designated receptacles. No other type of tobacco, and no other type of smoking than cigarettes, is allowed anywhere on the property.

Commentary – Non-Mandatory Information: Common claims for damage caused by a contractor include damaged landscaping and trees. Because Contractor is liable for damage discovered after the commencement of Work and not reported to the Property Contact, it is essential to perform a pre-job condition survey. A video survey is a useful and practical way to perform this task.

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F. No firearms are allowed on the site, concealed or otherwise. Possession of a handgun under authority of Texas Concealed Handgun Permit Law [V.C.S. art 4413 (29ee)] is prohibited.

G. Do not drink beverages provided at the site for tenants and their guests, other than public drinking fountains.

1.15 CODES, ORDINANCES, FEES

A. Perform Work in strict accordance with applicable codes and ordinances of regulatory agencies having jurisdiction over this Work or this Site.

B. Obtain and pay for construction-related permits, including building permits, traffic lane or sidewalk closure permits, or utility taps and hook-ups if required. No additional compensation or increase in Contract Time will be made for the permit process.

1.16 GUARANTEES AND WARRANTY

A. Upon achieving Substantial Completion, execute and submit the attached

Contractor Warranty for a Correction Period of 3 years.

B. Owner and Contractor acknowledge that the performance and payment bonds, if required for this project, only cover the first year of the Warranty Correction Period.

C. Prior to the end of the Warranty Correction Period, Engineer intends to perform a visual survey to evaluate whether the Work is performing as intended.

D. Provide longest and best available manufacturers' guarantees for the products used.

If there is a cost associated with different guarantees, include in Contract Price the most expensive guarantees.

E. Perform field and laboratory testing necessary to obtain manufacturers' guarantees.

Correct deficiencies required by manufacturers to issue guarantees at no cost to Owner.

F. Provide guarantees that commence on the date of Substantial Completion.

G. If Contractor fails to provide a written guarantee from a manufacturer in compliance with these Specifications, then the Contractor Warranty will be automatically extended (including both the Correction Period and the coverage) to provide Owner with equivalent protection.

PART 2 - PRODUCTS

Not Used

PART 3 - EXECUTION

3.01 GENERAL

A. Independently verify dimensions shown on Drawings or these Specifications.

Notify Engineer of discrepancies before commencing Work, ordering materials, or fabricating parts.

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B. It is the intent of these Specifications to transfer all risk to Contractor for the following issues. No Change Order will be considered for an increase in the Contract Price or Contract Time for these issues.

1. Dimensional variations from place to place on the building, or between actual field dimensions and those indicated in these Specifications and shown on Drawings.

2. Consequences of moisture in or on substrates. Perform testing as necessary to determine whether moisture will interfere with the Work.

3. Unexpected consequences that arise directly from Contractor’s substitutions (i.e., not including consequences that also would have arisen from the specified materials and/or methods), whether or not substitutions were approved by Owner or Engineer.

4. Providing an installation complete in every respect. In the event that additional details or special construction are required to complete the Work, Contractor shall furnish and install material and equipment usually furnished with systems or required to complete the installation. Where used in these Project Manual, unless specifically stated otherwise, the terms “provide”, “furnish”, and “install” each require procuring, delivering to the site, fabrication as necessary, and installing the materials, products, or components listed.

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SECTION 013011

CONTRACTOR WARRANTY

Date of Substantial Completion (Effective Date): To be determined

OWNER: State Preservation Board Engineer: Building Diagnostics, Inc., an Allana, Buick & Bers, Inc. Company Contractor: To be determined Address: To be determined Phone Number: To be determined Contract: Balcony Railing Repairs Project: Robert E. Johnson Building Owner's Contract No.: NA Engineer's Contract No.: 24-9057.01

Contractor hereby warrants the Work for a Correction Period of 3 years from the date of Substantial Completion listed above.

The following provisions govern this warranty:

1. This warranty covers all labor, materials, equipment, supervision, overhead, profit, taxes, and incidental charges necessary to correct Defective Work not performing as intended, including:

a. Durability.

b. Weather resistance.

c. Consequential damage and resultant damage caused by Defective Work.

2. This warranty shall be construed to require Contractor to perform Warranty Work, which is defined as investigating and replacing or re-executing Defective Work disclosed to Contractor by Owner within the warranty Correction Period.

3. If Contractor investigates Defective Work and finds that the reported conditions are in fact not related to the Work, Contractor shall only seek compensation from Owner for such investigation according to the terms of a written agreement signed by Owner prior to commencing such investigation. Failure to enter into such a written agreement in advance shall be construed as waiving any subsequent request for compensation.

4. All provisions of the Contract Documents shall pertain to the performance of Warranty Work. Neither Owner nor Contractor shall require a new written agreement for Contractor to perform Warranty Work.

5. Contractor shall commence Warranty Work within 30 days after receiving written notification from Owner of the existence of Defective Work, and diligently and continuously pursue completion of the Warranty Work.

6. When Defective Work has been corrected by replacement or rebuilding under the warranty, the warranty will be reinstated by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation.

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7. Contractor is responsible for the cost of replacing or rebuilding Defective Work regardless of whether Owner has benefited from use of the Work through a portion of its anticipated useful service life.

8. This warranty is in addition to implied warranties, and shall not limit the duties, obligations, rights, and remedies otherwise available under the law, nor shall the warranty Correction Period be interpreted as a limitation on time in which Owner can enforce such other duties, obligations, rights, or remedies.

9. Owner may make claims for Defective Work against Contractor first, and require Contractor to prosecute any sub-claims against manufacturers, suppliers, vendors, or subcontractors. This requirement to prosecute sub-claims shall survive the warranty period for the entire guarantee(s) period. However, Contractor will not be liable for product defects beyond the provisions of the guarantees provided from those manufacturers by Contractor to Owner.

By:

Contractor (Authorized Signature)

Title

Date

END OF CONTRACTOR WARRANTY

013301-1

1.01 WORK INCLUDED

SECTION 013301

SUBMITTAL PROCEDURES

A. Submit complete sets of submittals required by all Sections of these Specifications.

B. Revise and update submittals as necessary to account for changed or substituted materials used on the Project.

1.02 GENERAL

A. Submittals processed by Engineer do not become Contract Documents. The purpose of submittals is to establish a reporting procedure for Engineer to monitor Contractor’s compliance with the Contract Documents. If deviations, discrepancies, or conflicts between submittals and the Contract Documents are discovered (before or after processing by Engineer), the Contract Documents shall control.

B. Review of submittals by Engineer or Owner does not relieve Contractor from responsibility for compliance with the Contract Documents, or for errors that may exist in submitted information.

C. Carefully review and coordinate all aspects of each item being submitted. Verify that each item and its appropriate submittal conform in all respects with the specified requirements.

1.03 SCHEDULING

A. Make submittals far enough in advance of scheduled dates of commencement, execution or installation to provide time required for reviews, for securing necessary approvals, for possible revisions and re-submittals, and for placing orders and securing delivery.

1. In scheduling, allow at least 1 calendar week for review by Engineer following email submission of submittals or email informing Engineer that a batch of submittals has been uploaded to a file sharing site (Submittal Notice).

2. In scheduling, allow at least 2 calendar weeks for color selection(s) by Owner; see also Section 016001.

B. Make revisions when required by Owner and/or Engineer and resubmit for review within 3 days after receipt. If submittals are rejected, submit corrected submittals before commencing portions of the Work related to those submittals.

C. Accept responsibility for delays resulting from incomplete or rejected submittals.

D. If Contractor fails to provide submittals as required in this Section, then $150.00

(for each calendar day until the required submittals are received, from the Submittal Notice) may be deducted from progress payments to Contractor, not as a penalty, but as reimbursement to Owner for the additional necessary coordination services performed by Engineer.

013301-2

PART 2 - PRODUCTS

PART 3 - EXECUTION

3.01 SUBMITTAL PREPARATION

A. If Engineer provides Contractor a blank submittal log at the commencement of the Contract Time, use the submittal numbering system shown on the log. A log may be provided as a convenience to Contractor; the log may not be inclusive of all required submittals.

B. Issue each submittal as a separate Portable Document Format (PDF) electronic file, sized to print on 8-1/2x11-inch paper where practicable. Name each PDF with the submittal number and name (e.g., “7.02 DOWSIL 795 Product Data Sheet”).

C. In naming, clearly identify submittals, including the Specification Division requiring each submittal. Show identification on at least the first page of each submittal, and elsewhere as necessary for positive identification of the submittal.

D. Submit 1 copy of each submittal item specified in all Sections of the Specifications, unless indicated otherwise.

E. Accompany each submittal batch with an email, or inform Engineer by email if a batch of submittals is uploaded to a file sharing site. List the submittals included and provide information required for identification and checking.

F. Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review (for example, circle selected part numbers in tables with multiple part numbers).

G. Partial submittals may be rejected for non-compliance with the Contract Documents.

H. Review comments of Engineer will be shown on the original submittal. Engineer will make and distribute necessary additional copies. Each submittal will be processed with one of the following statuses and recorded on Engineer’s copy of the submittal log:

1. “No corrections noted” – forwarded to Owner without modification, with

Engineer’s recommendation for approval.

2. “Make corrections noted” – forwarded to Owner with Engineer’s modifications, with Engineer’s recommendation for approval as modified.

3. “Revise and resubmit” – rejected by Engineer and returned to Contractor for specific revisions.

4. “Not acceptable; see remarks” – rejected by Engineer and returned to

Contractor due to substantial non-compliance.

013301-3

3.02 PRE-CONSTRUCTION SUBMITTALS

A. Submit “Pre-Construction Submittals” in 1 complete set at least 1 week before the pre-construction meeting, or as otherwise specified.

B. Contractor may temporarily mobilize to the site to perform preliminary tests and mock-ups after approval of insurance submittals, but may not commence production Work until Pre-Construction Submittals have been approved.

C. For each material intended to be used, submit:

1. Latest edition of pertinent manufacturer's published literature, including installation instructions and manufacturer’s written recommendations for maintenance.

2. Samples of materials, where practicable.

3. Color charts for Owner’s preliminary color selection; see Section 016001.

4. Latest edition of Safety Data Sheets (SDSs; formerly known as Material

Safety Data Sheets, or MSDS).

a) Contractor's agreeing to fulfill this request for submittal of SDS, as evidenced by the executed Contract Documents, shall constitute a representation by Contractor that Contractor is familiar with the safe use and handling of the products intended to be used; therefore, Contractor is encouraged to study the SDS and provide copies to persons that may be affected by the products.

b) Maintain a copy of the approved submittal SDS at the site, in the binder specified in Section 014301, readily accessible in case of emergency.

c) DO NOT BRING ANY MATERIALS OR PRODUCTS TO THE

SITE UNTIL RECEIVING APPROVAL OF THE SUBMITTED

SDS.

D. Submit a letter from each manufacturer (1 letter for all of their products submitted is sufficient) stating that:

1. They have reviewed these Specifications and Drawings.

2. Their products are suitable for the intended purpose.

3. Their products comply with applicable regulations for volatile organic compounds (VOCs).

4. They will visit the site periodically to observe compliance with their installation requirements.

5. They will issue a guarantee in accordance with the requirements of these Specifications.

6. Contractor is an acceptable applicator or installer of manufacturer's guaranteed system as herein specified.

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7. Their products are compatible with materials that they will contact, as disclosed in these Specifications and Drawings, including materials not produced by that manufacturer.

E. Submit shop drawings for details that will deviate from Drawings; for which no detail is provided in Drawings; or which are required by other Sections of these…