Yerba Buena Gardens Perimeter Project – Invitation for Bids (TPD2103034)

TABLE OF CONTENTS

Table of Contents…………………………………………………………………………………………………………………. 2

NOTICE INVITING SEALED BIDS……………………………………………………………………………………. 1

GENERAL CONDITIONS AND INSTRUCTION FOR BIDDERS……………………………………….. 1

1. DEFINITION OF TERMS………………………………………………………………. 1
2. EXPLANATIONS AND CLARIFICATIONS………………………………….. 1
3. FORM OF BID AND SIGNATURE………………………………………………… 2
4. BID FORM…………………………………………………………………………………….. 2
5. OR APPROVED EQUAL CLAUSE………………………………………………… 2
6. PERMITS AND TAXES…………………………………………………………………. 2
7. CASH DISCOUNT…………………………………………………………………………. 3
8. UNAUTHORIZED CONDITIONS………………………………………………….. 3
9. BIDDER’S SECURITY…………………………………………………………………… 3
10. PUBLIC RECORDS……………………………………………………………………….. 4
11. SUBMISSION OF BID…………………………………………………………………… 4
12. BID OPENING……………………………………………………………………………….. 5
13. SOLE BID EVALUATION…………………………………………………………….. 5
14. BIDDER’S WAIVER……………………………………………………………………… 5
15. STATEMENT OF EXPERIENCE AND QUALIFICATIONS…………… 5
16. NON-COLLUSION CERTIFICATION……………………………………………. 5
17. PENALTY FOR COLLUSION……………………………………………………….. 5
18. INTEREST OF PERSONNEL…………………………………………………………. 6
19. PROHIBITED INTEREST………………………………………………………………. 6
20. AWARD OR REJECTION OF BIDS………………………………………………. 6
21. BID PROTEST PROCEDURES………………………………………………………. 6
22. TIME FOR EXECUTION OF CONTRACT AND FILING BOND…… 7
23. DOCUMENTS DEEMED PART OF CONTRACT………………………….. 7
24. MANNER OF EXECUTION OF CONTRACT………………………………… 7
25. FAITHFUL PERFORMANCE BOND/PERFORMANCE SECURITY 7
26. EFFECT OF EXTENSIONS OF TIME……………………………………………. 7
27. MATERIAL AND WORKMANSHIP……………………………………………… 8
28. INSPECTION/ACCEPTANCE……………………………………………………….. 8
29. WARRANTY OF TITLE………………………………………………………………… 8
30. WARRANTY…………………………………………………………………………………. 8
31. APPROVAL BY THE EXECUTIVE DIRECTOR……………………………. 9
32. CONTRACTOR’S LIABILITY……………………………………………………….. 9
33. PROTECTION OF WORK AND OF PERSONS AND PROPERTY…. 9
34. DAMAGES………………………………………………………………………………….. 10
35. CONTRACTOR’S INTELLECTUAL PROPERTY LIABILITY……… 10
36. NON-PERFORMANCE OF CONTRACT……………………………………… 11
37. CHANGES IN CONTRACT WORK REQUESTED BY YBGC……… 12
38. CHANGES TO CONTRACT WORK REQUESTED BY THE CONTRACTOR……………………………………………………………………………. 12
39. EFFECT OF FAILURE TO COMPLETE CONTRACT………………….. 13
40. ASSIGNMENT AND DELEGATION…………………………………………… 13
41. SUBCONTRACTING…………………………………………………………………… 13
42. TERMINATION OF CONTRACT………………………………………………… 14
43. ENVIRONMENTAL, SAFETY AND HEALTH STANDARDS COMPLIANCE…………………………………………………………………………….. 14
44. HAZARDOUS CHEMICALS AND WASTES………………………………. 14
45. ANTITRUST CLAIMS…………………………………………………………………. 15
46. YBGC EQUAL OPPORTUNITY PROGRAM COMPLIANCE………. 15
47. EQUAL EMPLOYMENT OPPORTUNITY…………………………………… 15
    1. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES…………………………………………………………………………….. 15
    2. COMPLIANCE WITH LAW………………………………………………………… 15
    3. DISCHARGE OF LIENS………………………………………………………………. 16
    4. YBGC’S WAIVER OF CONDITIONS………………………………………….. 16
    5. SEVERANCE………………………………………………………………………………. 16
    6. ATTORNEYS’ FEES…………………………………………………………………….. 16
    7. GOVERNING LAW……………………………………………………………………… 16
    8. RIGHTS AND REMEDIES OF YBGC………………………………………….. 16

SPECIAL PROVISIONS……………………………………………………………………………………………………………………………………………. 1

1. SCOPE OF CONTRACT                                                                                                                       1
2. SCHEDULE OF ACTIVITIES                                                                                                                       1
3. PRE-BID CONFERENCE AND INSPECTION……………………………….. 1
4. QUALIFICATION OF BIDDERS……………………………………………………. 1
5. PERMITS AND INSPECTIONS……………………………………………………… 2
6. QUESTIONS AND REQUESTS FOR CLARIFICATION………………… 2
7. APPROVED EQUAL REQUESTS………………………………………………….. 2
8. APPROVED EQUAL PROCEDURES…………………………………………….. 3
9. BID FORMS…………………………………………………………………………………… 3

10           BID PRICES/COMPLETION OF BID FORM…………………………………. 4

1. TERM OF CONTRACT………………………………………………………………….. 4
2. ESTIMATES OF SERVICE REQUIREMENTS………………………………. 4
3. BIDDER’S SECURITY…………………………………………………………………… 4
4. MARKING AND MAILING BIDS/BID OPENING…………………………. 4
5. AWARD OF CONTRACT OR REJECTION OF BIDS…………………….. 4
6. CONTRACT BONDS……………………………………………………………………… 5
7. INSURANCE…………………………………………………………………………………. 5
8. CALIFORNIA PREVAILING WAGE LAWS………………………………….. 7
9. PROHIBITION AGAINST WORKING WITH DEBARRED CONTRACTORS…………………………………………………………………………. 12
10. SAFETY REQUIREMENTS…………………………………………………………. 14
11. RETENTION ON PROGRESS PAYMENTS…………………………………. 15
12. REPAIR AUTHORIZATION………………………………………………………… 16
13. TIME AND SCHEDULE FOR PERFORMANCE………………………….. 16
14. SPECIALTY SUBCONTRACT WORK/DESIGNATION OF SUBCONTRACTORS………………………………………………………………….. 17
15. COMPLIANCE WITH YBGC REQUIREMENTS…………………………. 17
16. Bidder’s Duty of Loyalty………………………………………………….. 17
17. Limitations on Contributions……………………………………………. 18
18. Nondiscrimination in Contracts and Benefits…………………….. 18
19. Minimum Compensation Ordinance and Health Care Accountability Ordinance…………………………………………………. 18
20. First Source Hiring…………………………………………………………… 19
21. Disclosure Questions……………………………………………………….. 19
22. Statement of Compliance with YBGC Policies and Certification of Bidder……………………………………………………… 19
23. FEDERAL PROVISIONS……………………………………………………………… 19
24. PAYMENT AND INVOICING INSTRUCTIONS………………………….. 22
25. TERMINATION OF CONTRACT………………………………………………… 23
26. CLAIMS PROCEDURES……………………………………………………………… 23
27. TECHNICAL ASSISTANCE………………………………………………………… 24
28. PROTECTION OF PROPERTY……………………………………………………. 24
29. BID PACKAGE DOCUMENTS……………………………………………………. 24

TECHNICAL SPECIFICATIONS…………………………………………………………………………………………………………………………………. 1

SCOPE OF WORK……………………………………………………………………………………………………………………. 1

PROJECT DRAWINGS……………………………………………………………………………………………………………………. 2

FORMS 1

APPROVED EQUAL FORM……………………………………………………………………………………………………………………. 2

BID FORMS……………………………………………………………………………………………………………………. 2

ACKNOWLEDGEMENT OF TERMS AND CONDITIONS……………………………………………………………………………………………………………………. 6

BIDDER’S BOND……………………………………………………………………………………………………………………. 7

IRREVOCABLE STANDBY LETTER OF CREDIT (Sample)……………………………………………………………………………………………………………………. 8

LIST OF REFERENCES……………………………………………………………………………………………………………………. 9

KEY PERSONNEL RESUME………………………………………………………………………………………………………………….. 11

ATTACHMENTS…………………………………………………………………………………………………………………………………. 1

NOTICE INVITING SEALED BIDS

NOTICE IS HEREBY GIVEN THAT sealed Bids will be received by the Contract Officer of Yerba Buena Gardens Conservancy (YBGC) at 750 Howard Street, San Francisco, CA 94103, until April 29, 2021 at 12:00 PM to provide approximately 12,000 SF of planting area in discontinuous on-structure planters located along the perimeter of the south block of Yerba Buena Gardens facing 3^rd Street, Folsom Street and other Work indicated in the Contract Documents.

A pre-bid site visit and conference will be held at 9:00 AM, April 8, 2021 at Yerba Buena Gardens Management Office, 750 Howard Street, San Francisco, CA 94103. Due to the complexity of the project, all bidders must attend a site visit and pre-bid conference. Follow-up site visits may not be available. Potential bidders will meet at the Yerba Buena Gardens Management Office for the site visit, which will be followed by the pre-bid conference. At this Conference, members of YBGC staff will be available to answer questions pertaining to the Contract Documents and Specifications.

Bidders must possess a valid Classification A: General Engineering or Classification B: General Building or Contractor Type C-27 License and shall maintain said license(s) during the entire term of the Contract.

All Requests for Information (RFI) and/or Requests for Approved Equals during the solicitation phase of this project shall be directed to Tony Pellegrini, Contract Officer, at the address above. You may email your written requests to tpellegrini@ybgardens.org. All Requests for Information and Requests for Approved Equals concerning this project must be received in writing by YBGC no later than 5:00 p.m. on April 15, 2021. YBGC written Response to Questions and Requests for Approved Equals shall be posted on the Yerba Buena Gardens Conservancy (YBGC) website http://www.ybgardens.org/) no later than April 22, 2021.

Whether mailed or personally delivered, Bids must be addressed to Tony Pellegrini, Contract Officer, at 750 Howard Street, San Francisco, CA 94103, by the date and time set forth in the Solicitation Documents. No late Bids will be accepted.

Only signed Addenda issued by YBGC are binding. Bidders are required to acknowledge receipt of all Addenda with their Bids. Bids must be accompanied by a Bid Security in the form of a Certified or Cashier’s Check, Bidder’s Bond, or Irrevocable Stand by Letter of Credit in the amount of $5,000.00, as further defined in the Special Provisions. The Bid Security shall be retained by YBGC and applied to any damages sustained by YBGC in the event that the successful Bidder fails or refuses to enter into the Contract awarded toit.

YBGC intends to award the Contract to the lowest responsive, responsible Bidder based on price, full completion of bid forms, and owner’s consideration of contractor eligibility. YBGC reserves the right to reject any and all bids and/or to waive any irregularities or informalities in any bid or in the bidding procedure. YBGC specifically reserves the right to not award the Contract after the opening of bids.

The successful Bidder will be required to furnish a Performance Bond and a Payment Bond, both in the amount set forth in the IFB.

Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of YBGC withholding funds from progress payments (retention) during the Project.

Bids will be examined within 30 calendar days of the Bid opening. No Bidder may withdraw its Bid for a period of 30 calendar days after the date of opening of the Bids. Each Bidder will be notified in writing of YBGC’s intent to award a Contract.

Contractors and subcontractors must be registered with the Department of Industrial Relations (DIR) at the time of bid, or else the bid may be rejected as non-responsive. (See Labor Code sections 1725.5 and 1771.1.)

For federally funded projects, the contractor and subcontractors must be registered at the time of contract award. (See Labor Code section 1771.1(a). Each bidder must submit proof of contractor registration with DIR (e.g. a hard copy of the relevant page of the DIR’s database found at: https://efiling.dir.ca.gov/PWCR/Search). This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4.

Attention is directed to the Contract Documents for complete details and bid requirements. Said documents, including bid forms, bonds, and this Notice, shall be considered as a part of any Contract made pursuant to this solicitation. Copies of the Contract Documents are available at the Yerba Buena Gardens Office at 750 Howard Street, San Francisco, CA and or requested via email at: tpellegrini@ybgardens.org.

In keeping with the overall mission of YBGC and its financial policies and procedures, it is the policy of YBGC to competitively bid for the procurement of goods and services and to attempt to locate and purchase goods and services with Minority and Women Owned Businesses (MBE/WBE). Staff may consult with the City and County of San Francisco Human Rights Commission and the Bay Area Purchasing Council MBE/WBE business guides and directories to identify and use minority/women owned business resources where possible.

All contracts must comply with the section of this document related to Community Development Block Grant Contracting Requirements and any applicable restrictions in the CB-1 Amended and Restated Construction, Operation and Reciprocal Easement Agreement and Agreement Creating Liens, the Central Block 1 Retail Lease, and the “Metreon” Lease. All contracts must also comply with the applicable provisions of the YBGC Lease.

YBGC hereby notifies all Bidders that it is the policy and responsibility of YBGC to ensure nondiscrimination on the basis race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of protected classes in the award and administration of contracts that it awards on behalf of YBGC. The contract is also subject to the provisions of Sections 12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco Administrative Code.

Pursuant to Section 1773 of the Labor Code, this contract is a public works project subject to the general prevailing rates of per diem wages and the general prevailing rates for regular (straight) time, holiday, and overtime work in San Francisco County for each craft, classification and type of worker needed to execute the Contract shall be set forth in the current General Prevailing Wage Determinations made by the Director of the California Department of Industrial Relations pursuant to California Labor Code Sections 1720 et. seq. The current General Prevailing Wage Determinations are incorporated into this contract, and are available online at www.dir.ca.gov/dlsr/pwd/index.htm or may be reviewed at YBGC offices. Should the general prevailing wage rates not specify a wage determination for a particular type of worker, attention is directed to 8 CCR 16202(b) regarding petitioning the Director of the California Department of Industrial Relations for a special wage determination. YBGC has made no request for such determination as YBGC does not know the specific type of workers intended by Contractor for this project. YBGC has not established a labor compliance program. Responsibility for labor law enforcement remains with the Division of Labor Standards Enforcement.

In connection with the performance of this Contract, full compliance with all applicable Safety and Health Standards and with all applicable laws and regulations will be required.

GENERAL CONDITIONS AND INSTRUCTION FOR BIDDERS

The General Conditions and Instructions for Bidders (General Conditions) apply to all bidding except in- so-far as they may be modified by the Special Provisions, Technical Specifications, Bid Forms, or Addenda.

1. 1.                        DEFINITION OF TERMS

Whenever in the bid or Solicitation Documents, the following terms or pronouns in place of them or abbreviations are used, the intent and meaning shall be interpreted as follows:

“Bid” means an offer submitted to YBGC in response to an Invitation for Bids (IFB) that is not subject to negotiation.

“Bid Documents” or “Solicitation Documents” or “Specifications” mean the Notice Inviting Bids, General Conditions and Instructions for Bidders, Special Provisions, Technical Specifications, Bid Forms, Bond Forms, Addenda, Exhibits, and Appendices, if any.

“Bid Form” means that part of the bid which contains the bid items, price, and other supporting information.

“Bidder” means the firm or individual submitting the bid.

“Contract” or “Agreement” is used interchangeably and means a binding understanding, enforceable by law, between two or more competent parties, obligating the seller to furnish the supplies or services and the buyer to pay for them.

“Contract Officer” means an employee or agent of YBGC responsible for the acquisition of supplies, materials, equipment, and services under the Contract.

“Contractor” means the successful Bidder to whom a Contract is awarded. “Days” means calendar days unless otherwise indicated.

“YBGC” means the Yerba Buena Gardens Conservancy.

“YBGC Lease” means that certain lease dated June 30, 2019 whereby the City and County of San Francisco, as lessor, leased the real property commonly known as Yerba Buena Gardens to YBGC, as lessee.

“Executive Director” means the Executive Director of the Yerba Buena Gardens Conservancy (“YBGC)”.

1. 2.                        EXPLANATIONS AND CLARIFICATIONS
2. A.       Request for Interpretation or Correction.

Prospective Bidders must examine the Contract Documents carefully. It shall be the duty of every person contemplating submitting a Bid for the proposed Contract, to contact the Contract Officer and request in writing, before bidding, an interpretation or correction of every discrepancy, ambiguity, error or omission in any of the Contract Documents which should have been discovered by a reasonably prudent Bidder.

Any interpretation, change or correction of said Contract Documents will be made by addenda only, duly issued by YBGC. Copies of such addenda will be mailed or delivered to each firm receiving a set of said specifications. Upon such mailing or delivery, such addendum will become a part of the Contract Documents, and binding on all Bidders whether or not actual notices of such addenda are shown.

1. B.       Interpretations or Corrections Binding.

Only the written interpretation or correction so given by YBGC shall be binding. All oral modifications of the Contract Documents are void and ineffective.

1. 3.                        FORM OF BID AND SIGNATURE

The bid shall be made on the Bid Form(s) provided and shall be enclosed in a sealed envelope marked and addressed as required. If the Bidder is an individual, the bid shall be executed personally by the Bidder. If the Bidder is a co-partnership, it is desirable that the bid be executed by all of the partners, but it may be executed by one of them. If the Bidder is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief finance officer, assistant chief financial officer, treasurer, or assistant treasurer, or by a person authorized by the corporation to execute written bids on its behalf. If the Bid Form is executed by a person other than an officer, or by only one officer, there must be attached to the bid a certified copy of a resolution of the corporation authorizing such officer or person to execute written bids for and on behalf of the corporation. If the Bidder is a joint venture, the bid must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. If the Bidder is Limited Liability Company (LLC), the bid must be executed by an officer or member with the authority to bind the LLC in contract. The Bidder must attach evidence of the signatory’s authority to bind the LLC in contract. Bids submitted in any other form will be considered non- responsive and may be rejected. No faxed or electronically-submitted bids or modifications will be considered.

1. 4.                        BID FORM

Blank spaces on the Bid Form shall be properly filled in. The format and language of the Bid Form must not be changed and no additions shall be made to any of the items. Alteration by erasures or interlineation must be explained or noted on the Bid Form over the signature of the Bidder. If the unit price and the total amount named by the Bidder for any item do not agree, the unit price alone will be considered as representing the Bidder’s intention. Any mathematical errors that appear on the face of the bid will be corrected by YBGC and YBGC will use the mathematically correct Grand Total Bid Price in determining the lowest monetary Bidder.

Unless otherwise stated in the Solicitation Documents, the Bidder shall include freight or delivery charges in the total price in its bid.

Submission of an alternative bid(s) except as specifically called for in the Solicitation Documents may render both bids non-responsive and may cause their rejection.

1. 5.                        OR APPROVED EQUAL CLAUSE

In order to establish a basis of quality, certain materials, processes, or types of machinery and equipment may be specified in the Solicitation Documents by describing the process, by designating a manufacturer by name, brand, or product number, or by specifying a kind of material. It is not the intent of these Solicitation Documents to exclude other processes, equipment, or materials of equal value, utility, or merit which are approved by YBGC. Requests for approved equals are further detailed in the Special Provisions.

1. 6.                        PERMITS AND TAXES

Contractor shall procure all permits and licenses, pay all charges and fees, including fees forstreet opening permits, and give all notices necessary and incident to due and lawful prosecution of this Contract, unless otherwise provided herein. YBGC will pay applicable building permits, school, sanitation and water fees, except as otherwise provided in Contract Documents. Contractor shall pay all sales and/or use taxes levied on materials, supplies, or equipment purchased and used on or incorporated into its work, and all other taxes properly assessed against equipment or other property used in connection with its work, without any increase in the Contract Price. Contractor shall make necessary arrangements with proper authorities having jurisdiction over roads, streets, pipelines, navigable waterways, railroads and other works in advance of operations.

1. 7.                        CASH DISCOUNT

The Bidder must state cash discount offered on Bid Form. The cash discount will not be considered in

determining the lowest responsible and responsive Bidder. YBGC will not accept a cashdiscount with a term of less than ten days.

1. 8.                        UNAUTHORIZED CONDITIONS

Unauthorizedconditions,limitations,orprovisionsattached to a bid will render the bid non- responsive and may cause its rejection. No telegraphic bids or modifications will be considered.

1. 9.                        BIDDER’S SECURITY

Unless otherwise noted in the Special Provisions, each Bidder shall furnish and submit with its bid one of the following forms of Bidder’s Security:

a)                       Unconditional “certified check”, “cashier’s check”, or “official check” drawn on a solvent bank payable to the order of Yerba Buena Gardens Conservancy;

b)                       A Bidder’s Bond using the form entitled “Bidder’s Bond,” provided with the Bid Forms, which is properly executed by the Bidder and an admitted surety insurer and is accompanied by the corporate surety’s power of attorney. The surety’s signature shall be notarized and the surety shall be acceptable to YBGC; or

c)                       An Irrevocable Stand-by Letter of Credit, a sample of which is provided in the Bid Forms.

No personal or business checks will be accepted. The Bidder’s Security shall be in the amount as specified in the Special Provisions.

Any condition or limitation placed upon the check or any alteration of the form of bond or Irrevocable Stand- by Letter of Credit, or imperfection in its execution will render it informal and may, at the option of YBGC, result in a rejection of the bid under which such check, bond, or Irrevocable Stand-by Letter of Credit is submitted. The Bidder’s Security shall be a guarantee that

the Bidder, if awarded the Contract, will execute the required Contract and bonds within 10 days after such Contract has been awarded to it or such additional time as may be allowed by YBGC. If the Bidder fails or refuses to execute the required Contract and bonds within that time, the money and proceeds from the Bidder’s Security shall be applied towards payment of the resulting damage to YBGC of the delay and the necessity of accepting a higher or less desirable bid. The amount of the Bidder’s Security shall not constitute a limitation upon the right of YBGC to recover for the full amount of such damage. The Bidder’s Security shall remain in full force and effect until a written Contract is executed and all the required bonds are furnished.

The Bidder’s Security of the successful Bidder and the next two lowest Bidders will be returned after execution of the Contract with the successful Bidder and the approval and acceptance on behalf of YBGC of all other Contract bonds and insurance requirements. The Bidder’s Security of the other Bidders not one of the three lowest, will be returned promptly after the bids have been opened and reviewed by YBGC.

1. 10.                   PUBLIC RECORDS

The California Public Records Act (commencing at California Government Code Section 6250) mandates public access to government records. Therefore, unless the information is exempt from disclosure by law, the content of any request for explanation, exception, substitution, response to these specifications, protest, or any other written communication between YBGC and the Bidder shall be available to the public.

If the Bidder believes any communication contains trade secrets or other proprietary information that the Bidder believes would cause substantial injury to the Bidder’s competitive position if disclosed, the Bidder shall request that YBGC withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. The Bidder may not designate its entire bid as confidential. Additionally, the Bidder may not designate Bid Forms as confidential.

If the Bidder requests that YBGC withhold from disclosure information identified as confidential and YBGC complies with the Bidder’s request, the Bidder shall assume all responsibility for any challenges resulting

from the non-disclosure, indemnify and hold harmless YBGC, and the City and County of San Francisco, and their respective commissioners, officers, directors, employees, agents, and representatives from and against all damages (including but not limited to attorneys’ fees that may be awarded to the party requesting the Bidder information), and pay any and all costs and expenses related to withholding Bidder information. The Bidder shall not make a claim, sue, or maintain any legal action against YBGC, or its directors, officers, employees or agents in connection with the withholding from disclosure of Bidder information.

If the Bidder does not request that YBGC withhold from disclosure information identified as confidential, YBGC shall have no obligation to withhold the information from disclosure and may release the information sought without liability to YBGC.

1. 11.                   SUBMISSION OF BID

Prior to the time and date specified in the Notice Inviting Sealed Bids (Notice), Bidders shall deliver three counterparts of the bid (one original and two duplicates) to the Contract Officer, at the address shown in the Notice. All bids shall be in a sealed envelope and properly marked with the Solicitation number and title and the Bidder’s name. Bids received after said time or date or at any other location than the place stated in the Notice will not be considered.

1. 12.                   WITHDRAWAL OF BID

A Bidder may withdraw its bid before the expiration of the bid due date and time without prejudice to itself, by submitting a written request for bid withdrawal to the Contract Officer. The request shall be executed by the Bidder or its duly authorized representative.

A telephonic request is not acceptable. YBGC will accept email transmissions of properly executed requests that are received by YBGC prior to the time fixed in the public notice for the opening of Bids. YBGC will not be responsible for interruptions, delays, or any other unsuccessful email transmission of Bid withdrawals, whether or not caused by YBGC’s equipment. The withdrawal of a Bid does not prejudice the right of the Bidder to file a new Bid. Whether or not Bids are opened exactly at the time fixed in the public notice opening Bids, a Bid will not be received after that time, nor may any Bid be withdrawn after the time fixed in the public notice for the opening of Bids.

1. 13.                   BID OPENING

At the due date and time specified in the Notice, the Contract Officer or designee, will open, examine, and publicly read all bids received. Bidders, their representatives, and others interested, are invited to be present at the opening of bids. All bids will then be examined, usually within 30 days from receipt of bids. YBGC reserves the right to postpone the bid opening for any reason.

1. 14.                   SOLE BID EVALUATION

In the event a single bid is received, YBGC may conduct a price and/or cost analysis of the bid to verify that the bid price is fair and reasonable. It should be recognized that a price analysis involves a comparison with other similar procurements and must be based on an established or competitive price for the products subject to the comparison. The comparison must be made with a purchase of similar volume and involving similar specifications. Where a difference exists, a detailed analysis must be made of the price differential and costs or reasons associated therewith.

Where it is impossible to obtain a valid price analysis, it may be necessary for YBGC to conduct a cost analysis of the bid price, which process entails examination and evaluation of the separate cost/profit elements of the bid quotation. The Bidder will be expected to cooperate in this process and to furnish YBGC with any and all requested documentation necessary to undertake the required analyses.

1. 15.                   BIDDER’S WAIVER

The Bidder shall represent and warrant that it has sufficiently informed itself in all matters affecting the performance of the work or the furnishing of the labor, supplies, material, or equipment called for in the Specifications. The Bidder shall warrant that it has checked its bid for errors and omissions; that the prices

stated in its bid are correct, and as intended by it, and are a complete and correct statement of its prices for performing the work or furnishing the labor, supplies, materials, or equipment required by the Solicitation Documents. The Bidder waives any claim for the return of its Bidder’s Security if, on account of errors or omissions claimed to have been made by it in its bid, or for any other reason, it should refuse or fail to execute the Contract.

1. 16.                   STATEMENT OF EXPERIENCE AND QUALIFICATIONS

The Bidder may be required, upon request of the Contract Officer, to prove to YBGC’s satisfaction that it has the necessary skill, experience, facilities, and ample financial resources to perform the Contract in a satisfactory manner and within the required time.

1. 17.                   NON-COLLUSIONCERTIFICATION

By submitting a bid, the Bidder represents and warrants that such bid is genuine and not sham, collusive, or made in the interest or on behalf of any person therein named. The Bidder also represents that it has not, directly or indirectly, induced or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure an advantage over any other Bidder.

1. 18.                   PENALTY FOR COLLUSION

If at any time it shall be found that the person, firm, or corporation to whom a Contract has been awarded has in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void and the Contractor and its sureties shall be liable to YBGC

for all loss or damage which YBGC may suffer thereby; and YBGC may re-award the Contract pursuant to appropriate procedures.

1. 19.                   INTEREST OF PERSONNEL

By submitting a bid, the Bidder represents and warrants that to the best of its knowledge, no director, officer or employee of YBGC or the City and County of San Francisco is in any manner interested directly or indirectly in the bid or in the Contract which may be made under it, or in any expected profits to arise therefrom, as set forth in Title 1, Division 4, Chapter 1, Article 4 (commencing with Section 1090) or Title 9 (commencing with Section 81000) of the Government Code of the State of California.

1. 20.                   PROHIBITED INTEREST

No member, officer, or employee of YBGC, during his or her tenure or for one year after that tenure, shall have any interest, direct or indirect, in this Contract or the proceeds under this Contract, nor shall any such person act as an agent or attorney for, or otherwise represent, a Bidder or Contractor by making a formal or informal appearance, or any oral or written communication, before YBGC or any officer or employee of YBGC for a period of one year after leaving office or employment with YBGC if the appearance or communication is made for the purpose of influencing any action involving the issuance, amendment, award, or revocation of a Contract.

1. 21.                   AWARD OR REJECTION OF BIDS

Award will be made or bids will be rejected by YBGC within the time specified in the Special Provisions or Bid Forms, or if not specified, within a reasonable time after bids have beenopened. YBGC may reject any and all bids, and must reject a bid of any party who has been delinquent or unfaithful in any former Contract with YBGC. Also, YBGC reserves the right to waive any irregularities or informalities in any bid or in the bidding procedure. If an award is made, it shall be made to the lowest responsive and responsible Bidder. All Bidders shall be notified of the award.

1. 22.                   BID PROTEST PROCEDURES

Copies of the complete bid protest procedures are available at the office of the Contract Officer. Failure to comply with any of the requirements set forth in YBGC’s written bid protest procedures may result in

rejection of the protest.

Protests based upon restrictive specifications or alleged improprieties in the bidding procedure which are apparent or reasonably should have been discovered by the Bidder prior to the advertised bid due date, shall be filed in writing with the Contract Officer, not later than five calendar days prior to the bid due date. The protest must clearly specify in writing the grounds and evidence on which the protest is based. Staff shall respond to the protest with a written determination prior to the bid due date.

Protests based upon alleged improprieties that are not apparent or which could not have reasonably been discovered prior to the advertised bid due date or disputes over the staff recommendation for Contract award, shall be submitted in writing to the Contract Officer, within five days of postmark, faxed date, or other form of notification of YBGC’s notice of Contract award recommendation. The protest must clearly specify in writing the grounds and evidence on which the protest isbased.

The Contract Officer shall work through YBGC to reach a determination regarding Bid Protests that meet the above requirements. The Contract Officer shall notify the Bidder of Bid Protest

Determinations prior to issuance of YBGC’s Notice of Contract Award Recommendation. YBGC will make final determinations regarding bid protests and will not provide an option toappeal.

1. 23.                   TIMEFOR EXECUTION OF CONTRACT AND FILING BOND

The Bidder to whom award is made shall execute a written Contract with YBGC on YBGC’s form of Contract and furnish the other bond(s) as required within 10 days of receiving the form of Contract and bond(s) for execution from YBGC.

If the Bidder to whom award is made fails to enter into the Contract as provided and furnish the required bond(s), the award may be annulled. An award may, at the discretion of YBGC, be made to the Bidder whose bid is next most acceptable in the opinion of YBGC and such Bidder shall fulfill every condition in the Solicitation Documents and form of Contract as if it were the party to whom the first award was made.

1. 24.                   DOCUMENTS DEEMED PART OF CONTRACT

The Notice Inviting Sealed Bids, General Conditions and Instructions for Bidders, Special Provisions, Bid Forms, Technical Specifications, Appendices, Exhibits, and Addenda, if any, will be deemed parts of the Contract.

1. 25.                   MANNER OF EXECUTION OF CONTRACT

If the Contractor is an individual, the Contract shall be executed personally by the Contractor. If the Contractor is a co-partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Contractor is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president, or vice president; and (2) the secretary, assistant secretary, chief finance officer, treasurer, or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf.If the Contract is executed by a person other than an officer or by only one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. If the Contractor is an LLC, the Contract must be executed by an officer or other member who has full and proper authorization to execute contracts on behalf of the LLC.

1. 26.                   FAITHFUL PERFORMANCE BOND/PERFORMANCE SECURITY

Unless otherwise noted in the Special Provisions, upon execution of the Contract, the Contractor shall execute and deliver to YBGC, at its own expense, a Performance Bond on YBGC’s form and issued by an admitted surety insurer in the amount as stated in the Special Provisions. Alternatively, the Contractor shall deposit with YBGC a “Certified Check”, “Cashier’s Check”, or an “Official Check” upon a solvent bank payable to YBGC

or an Irrevocable Stand-by Letter

of Credit for the faithful performance of the Contract. No personal or business checks will be accepted. The Performance Bond or equivalent security shall remain in full force and effect for the entire term of the Contract, including option terms, if any. YBGC must give its written consent to any substitution of surety and maintains the right to reject a proposed substitution.

1. 27.                   EFFECT OF EXTENSIONS OF TIME

Granting or acceptance of extensions of time to complete the work or furnish the labor, supplies, materials, or equipment required under the Contract will not release Contractor or the surety from Contractor’s Performance Security.

1. 28.                   MATERIAL AND WORKMANSHIP

All materials, parts, and equipment furnished by the Contractor shall be new, high grade and free from defects. Workmanship shall be in accordance with generally accepted industry standards. The Contractor shall establish and maintain quality assurance policies and procedures to insure compliance with these specifications. The Contractor shall extend full access to YBGC to its manufacturing facilities during normal working hours so that YBGC can inspect and monitor the Contractor’s compliance with its established quality assurance procedures and YBGC’s Specifications.

Any material or equipment not conforming to the requirement of these Solicitation Documents or found to be damaged or defective at the time of delivery shall be replaced by the Contractor without additional cost to YBGC.

If the Contractor shall fail to comply promptly with any order of the Contract Officer, to replace or repair damaged or defective material, equipment or work, the Contract Officer shall, upon written notice to the Contractor, have the authority to deduct the cost of such replacement or repair from any compensation due or to become due to theContractor.

Nothing in this section shall limit or restrict the provisions of the warranty of fitness as set forth in these General Conditions and Instructions for Bidders.

1. 29.                   INSPECTION/ACCEPTANCE

If YBGC determines that there are any defects or deficiencies in the material or work, YBGC will send a rejection letter outlining any defects or deficiencies. The Contractor shall rectify these defects or deficiencies within five days of postmark, faxed date, or other form of notification, unless YBGC approves otherwise in writing. If the Contractor fails or refuses to rectify these defects or deficiencies to YBGC’s satisfaction, YBGC may arrange to procure new material or correct the defective work at the Contractor’s expense. YBGC may opt to deduct the amount for the new material or corrective work from any amounts due to the Contractor under this Contract.

1. 30.                   WARRANTY OF TITLE

The Contractor shall warrant to YBGC, its successors and assigns, that the title to the material, supplies or equipment covered by the Contract, when delivered to YBGC or to its successor or assigns, is free from all liens and encumbrances.

1. 31.                   WARRANTY

The Contractor guarantees and warrants that all work performed and items supplied under this Contract shall

(1) conform to the Technical Specifications and all other requirements of this

Contract; (2) fulfill its design functions and be fit for both its ordinary and intended purposes; (3) be free of all patent and latent defects in design, materials and workmanship; and (4) perform satisfactorily.

It is understood and agreed that by acceptance of this warranty and the acceptance of materials or supplies to

be manufactured or assembled pursuant to these Specifications, YBGC does not waive any warranty, either expressed or implied in Sections 2312 to 2317, inclusive, of the Business and Professions Code of the State of California, or any products liability of the Contractor as determined by any applicable decisions of a court of the State of California or of the United States.

1. 32.                   APPROVAL BY THE EXECUTIVE DIRECTOR

YBGC reserves the right to direct and supervise the work under this Contract through its Executive Director and its properly authorized agents on whose inspection all work shall be accepted or condemned. The Executive Director shall have full power to reject or condemn any materials furnished or work performed under the Contract which does not conform to the terms and conditions set forth in the Contract.

1. 33.                   CONTRACTOR’S LIABILITY

The Contractor shall indemnify, defend, and keep and save harmless YBGC and the City and County of San Francisco and each of their commissioners, directors, officers, employees, representatives, agents, successors, and assigns against all suits or claims that may be based on any injury to, or death of, any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or its employees, unless the injury was caused by the willful misconduct or the sole or active negligence on the part of YBGC, its agents, officials or employees. The Contractor shall, at its own expense, pay all charges of attorneys and all costs and other expenses arising therefrom. If any judgment shall be rendered against YBGC in any such action, or if any settlement is reached to resolve the whole or a portion of such action, the Contractor shall at its own expense satisfy and discharge the same. Termination or expiration of the Contract shall not affect the Contractor’s duty to indemnify, defend, and keep and save harmless for suits or claims accruing during the Contract period.

1. 34.                   PROTECTION OF WORK AND OF PERSONS ANDPROPERTY.

During performance and up to the date of final acceptance by YBGC, the Contractor shall be under an absolute obligation to protect the finished and unfinished work against any damage, loss or injury. In the event of damage, loss or injury to the finished and unfinished work, the Contractor shall promptly replace or repair such work, whichever YBGC shall determine to be preferable. The obligation to deliver finished work in strict accordance with the Contract shall be absolute and shall not be affected by YBGC’s approval of or failure to prohibit means and methods of construction used by the Contractor.

During the performance of this Contract and up to the date of final acceptance, the Contractor must take all reasonable precautions to protect the persons and property of others from damage, loss or injury. Within three

(3) days after notice to it of the happening of any such loss, damage or injury to work, persons and property, the Contractor shall make a full and complete report thereof in writing to YBGC.

Under this article the Contractor assumes the following distinct and several risks, whether they arise from acts or omissions (whether negligent or not) of the Contractor, or YBGC, or YBGC’s representatives, or of third persons; or from any other cause, and whether such risks are within or beyond the control of the Contractor, excepting risks which arise solely from YBGC’s active negligence or affirmative acts with actual and willful intent to cause the loss, damage and injuries:

1. The risk of loss or damage to the finished and unfinished Work prior to final acceptance by YBGC;

1. The risk of claims, just or unjust, by third persons against the Contractor, YBGC, the City and County of San Francisco or their directors, officers, employees, representatives, and agents on account of injuries (including wrongful death), loss or damage of any kind whatsoever arising or alleged to arise out of or in connection with the performance of the Work (whether or not actually caused by or resulting from the performance of the Work) or out of or in connection with the Contractor’s operations or presence at or in the vicinity of the work site, whether such claims are made and whether such injuries, damage and loss are sustained at any time both before and after final acceptance of the Work;
2. The risk of loss or damage to any property, including the loss of use thereof of the Contractor, and of claims made against the Contractor, YBGC, the City and County of San Francisco or their directors, officers, employees, representatives, and agents for loss or damage to any property, including the loss of use thereof of subcontractors, material men, workmen and other performing the Work, occurring at any time prior to completion of removal of such property from the premises or in the vicinity thereof.

Neither the acceptance of the completed Work or payment therefore shall release the Contractor from its obligations under this article. The enumeration elsewhere in this Contract of particular risks assumed by the Contractor or of particular claims for which it is responsible shall not be deemed to limit the effect of the provisions of this article or to imply that it assumes or is responsible for only risks or claims of the type enumerated; and neither the enumeration in this article nor the enumeration elsewhere in this Contract of particular risks assumed by the Contractor or of particular claims for which it is responsible shall be deemed to limit the risks which the Contractor would assume or the claims for which it would be responsible in the absence of such enumerations.

Except as these specifications otherwise may provide, all loss or damage of any sort or nature arising from any unforeseen obstruction or difficulties, either natural or artificial, or from any act or omission not authorized by these specifications on the part of the Contractor, or any agent or person employed by it, shall be the responsibility of the Contractor.

The provisions of this Article shall not be deemed to create any new right of action in favor of third parties against the Contractor, YBGC, or the City and County of San Francisco.

1. 35.                   DAMAGES.

All loss or damage arising from any unforeseen obstruction or difficulties, whether natural or artificial, which may be encountered in the prosecution of the work, or the furnishing of the supplies, materials or equipment, or from any action of the elements prior to the final acceptance of the work or of the supplies, materials or equipment, or from any act or omission not authorized by these Specifications on the part of the Contractor or any agent or person employed by it shall be sustained by the Contractor.

1. 36.                   INSURANCE CERTIFICATES

Certificates of insurance required by the Special Provisions shall be delivered to YBGC concurrently with the executed Contract. YBGC reserves the right to request certified copies of an insurance policy if questions arise.

All required insurance under this Contract shall provide adequate protection for YBGC and the City and County of San Francisco and each of their officers, directors, agents, representatives and employees, and their successors or assignees, as they now or as they may hereinafter be constituted singly, jointly or severally, and the Contractor, against all claims, liability damages and accidents of any kind.

1. 37.                   CONTRACTOR’S INTELLECTUAL PROPERTY LIABILITY

The Contractor represents and warrants that its performance under this Contract, and all work, materials and equipment used in its performance of this Contract will not infringe or misappropriate any intellectual property rights, such as patent, copyright, trademark or trade secret. In addition to the warranties and indemnities provided elsewhere in this Contract, the Contractor agrees that it will, at its own expense, indemnify, defend, and hold harmless YBGC and its directors, officers, employees, representatives and agents against all demands, liabilities, damages, expenses, suits and proceedings that are based on any claim that the services, software, materials or equipment, or any part thereof, or any tool, article or process used in the manufacture thereof, or used in connection with the Contractor’s work under this Contract, constitutes a violation, infringement, unauthorized use or misappropriation of any intellectual property of any third parties (including, without limitation, any trade secret, trademark, service mark, copyright, patent, process, method or device). If the institution or resolution of such a suit or proceeding requires YBGC to procure new non- infringing material or equipment, it may do so at the Contractor’s expense. YBGC will give the Contractor prompt notice in writing of the institution of the suit or proceeding. At no cost to YBGC, and without diminishing the Contractor’s duty to defend, YBGC shall have the right to control, monitor through counsel of its choosing, and participate in the defense (including, without limitation, selection of counsel) of any such

demand, suit, or proceeding concerning matters relating to this Contract, none of which may be settled without YBGC’s consent, which shall not be unreasonably withheld. YBGC, in its sole discretion, may permit the Contractor, through Contractor’s counsel, to defend the same, and will give the Contractor all needed information, assistance, and authority to enable the Contractor to do so. If any third party files a claim or lawsuit against YBGC that impacts the YBGC’s ownership or use of work performed or materials or equipment supplied under this Contract, or any material components of this Contract, YBGC in its sole discretion may terminate this Contract for Contractor default. This indemnification shall survive the termination or expiration of this Contract.

1. 38.                   NON-PERFORMANCE OF CONTRACT.

1. Right to Stop Work. Authority to stop the work, in whole or in part is vested in YBGC and may be invoked whenever it deems such action necessary to insure proper execution of the Contract; work may not be resumed until YBGC has given written consent.

1. Rejection of Materials and Workmanship. YBGC has the right to reject defective material and workmanship and to require its replacement or correction without additional cost to YBGC. Defective material and workmanship includes, but is not limited to, materials and workmanship that does not meet the requirements of the specifications of this Contract reasonably interpreted in the sole discretion of YBGC. Contractor shall promptly segregate and remove rejected work. All adjacent work disturbed by removal of such work shall be replaced in accordance with this Contract and without expense to YBGC including work of other Contractors disturbed by such removals and replacements.

(1)                    If Contractor fails to proceed at once with replacement of rejected work, YBGC may, by Contract or otherwise, replace such material and correct such workmanship and

charge the cost to the Contractor, or YBGC may terminate right of the Contractor to proceed. The Contractor and its surety shall be liable for any damage to same extent as provided for by terminations hereunder.

(2)                    If rejected materials are not removed within a reasonable time, YBGC may cause them to be removed and stored at Contractor’s expense three days after issuing written notice to so remove them. If Contractor does not pay for such removal and storage within six days thereafter, YBGC may, six days after further written notice, sell the materials and credit Contractor with net proceeds after all costs of removal and sale are deducted. If materials so removed are valueless or sale does not meet cost ofremoval,

Contractor shall bear all resultant loss.

1. Neglected Work. YBGC may perform or employ others to undertake portions of the work persistently neglected by the Contractor if work is still proceeding unsatisfactorily three days after written notice to the Contractor. In such case work will be done according to the Contract Documents and the cost deducted from next payment falling due to the Contractor. Such action shall in no way affect status of either party under Contract, nor be held as basis of any claim by the Contractor or for extension of time.

1. Right to Withhold Payment. Part or whole of any payment or any certificate may be withheld by YBGC if such course is deemed necessary to protect YBGC from loss on account of Contractor’s failure to meet its obligations or if balances unpaid to Contractor are insufficient to complete the work. This right may also be exercised if in YBGC’s opinion the work will not be completed in time specified for performance of the Contract.

1. 39.                   CHANGES IN CONTRACT WORK REQUESTED BY YBGC

If the Contractor, on account of conditions developing during performance of the Contract, finds it impracticable to comply with the Contract Specifications and applies in writing for a modification of requirements, such change may only be authorized by YBGC in writing.

YBGC may make additions or deletions at any time, by written supplement to the Agreement, within the Scope of Work and Services described in these Solicitation Documents. It is understood, however, that the amount of work, materials, or equipment required by the Contract may not be so increased or diminished as to

The Contract Officer, or designee, will further authorize the Contractor to perform such additional work and furnish such additional materials or equipment at the Contractor’s catalog prices, less discounts ordinarily allowed to users of such materials or equipment or at regular labor charges, less customary discount, or both. In the event that there are no such catalog prices or regular labor charges applicable to the change in the Contract work, the prices or charges shall be established by mutual agreement between YBGC and the Contractor.

If additional work, materials or equipment not mentioned, specified, indicated or otherwise provided for in the Solicitation Documents are requested by YBGC, the Contractor shall, if ordered by the Contract Officer, or designee, undertake the performance of such additional work or the furnishing of such additional materials or equipment. The amount to be paid to the Contractor shall be increased in an amount which the Contract Officer, or designee, and the Contractor shall determine and mutually agree to be the reasonable value of such additional work, materials or equipment, and such determination and agreement shall be final and conclusive upon the Contractor.

In case any work, materials or equipment which are mentioned, specified, indicated or otherwise

provided for in the Contract, or in the Specifications forming a part of the Contract, shall be required to be omitted from, in or about the work, the Contractor shall, if ordered by the Contract Officer, or his/her designee, omit the performance of such work and the furnishing of such materials or equipment. There shall be deducted from the amount to be paid to the Contractor the amount which the Contract Officer, and his/her designee, and the Contractor shall determine and mutually agree to be the reasonable value of such work, materials or equipment and such determination and agreement shall be final and conclusive upon the Contractor.

1. 40.                   CHANGESTOCONTRACT WORKREQUESTED  BYTHE CONTRACTOR

If the Contractor encounters any unanticipated conditions or contingencies that may affect the Scope of Work or Services, or identifies any YBGC conduct (including actions, inaction, and written or oral communications other than a formal Contract modification) that the Contractor regards as a change to the contract terms and conditions that may result in an adjustment in the amount of compensation specified herein, the Contractor shall so advise YBGC immediately upon notice of such condition, contingency or YBGC conduct. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation.

In any event, such notification shall be made to the Contract Officer, or designee, in writing and within not more than 10 calendar days from the date the Contractor encounters the unanticipated condition or contingencies or identifies YBGC conduct that would warrant a change to the Contract. This notice shall be given to YBGC prior to the time that Contractor performs any work or services or provides any item(s) related to the proposed adjustment in compensation. Failure to provide written notice and receive YBGC approval for extra work, services, or item(s), prior to performing extra work, services or furnishing an item or items may, at YBGC’s sole discretion, result in nonpayment of the invoices for the extra work, services, or item(s). The changes and negotiated equitable adjustment shall be expressed in a written modification to the Agreement, prior to implementation of such changes.

1. 41.                   EFFECT OF FAILURE TO COMPLETE CONTRACT

In case of failure on the part of the Contractor to complete this Contract within the specified time or within authorized extensions, YBGC may terminate the Contract and refuse to pay the Contractor or allow any further compensation for any labor, supplies, or materials furnished by it under the Contract. YBGC may proceed to complete such Contract either by reletting or otherwise, and the Contractor and its surety, when applicable, shall be liable to YBGC for any and all losses or damages which YBGC may suffer on account of the Contractor’s failure to complete the Contract within such time.

1. 42.                   ASSIGNMENT AND DELEGATION

The Contractor shall neither delegate any duties or obligations under this Contract nor assign, transfer, convey, sublet or otherwise dispose of the Contract or its right, title or interest in or to the same, or any part

1. 43.                   SUBCONTRACTING

YBGC reserves the right to approve any subcontractor that is used under this Contract. The Contractor shall give its attention to, and be responsible for, the fulfillment of all terms of the Contract, and shall keep all Contract work under its control. Nothing in the Contract shall create any contractual relationship between YBGC and any subcontractor. The Contractor is fully responsible to YBGC for the acts and omissions of its subcontractors and persons either directly or indirectly employed by its subcontractors, just as it is for the acts and omissions of persons directly

employed by the Contractor.

The Contractor shall not, without the prior written consent of the Contract Officer, substitute any subcontractor in place of any previously-approved subcontractor. When a portion of the work which has been subcontracted by the Contractor is not being performed in a manner satisfactory toYBGC, the subcontractor shall be removed immediately upon the request of YBGC and shall not be employed for any future work under the Contract.

1. 44.                   TERMINATION OF CONTRACT

YBGC may terminate this Contract at any time by giving the Contractor 30 calendar days’ written notice thereof. Notice of termination shall be sent by certified mail. Upon termination, YBGC shall pay the Contractor its allowable costs incurred to the date of termination and those costs deemed necessary by YBGC to effect termination.

In the event that the Contractor at any time during the entire term of this Contract breaches the requirements or conditions of the Contract and does not within 10 calendar days of receipt of notice thereof from YBGC cure such breach or violation, YBGC may immediately terminate this Contract and shall pay the Contractor only its allowable costs to the date of termination. If the Contractor does cure the breach or violation, any subsequent breach or violation of any kind may be causefor immediate termination without notice.

1. 46.                   ENVIRONMENTAL,SAFETYANDHEALTHSTANDARDS COMPLIANCE

The Contractor shall comply with applicable environmental statutes, regulations, and guidelines in performing the work under this Contract. The Contractor shall also comply with applicable Occupational Safety and Health Administration (OSHA) standards, regulations, and guidelines in performing the work under this Contract.

1. 47.                   HAZARDOUS CHEMICALS AND WASTES

The Contractor shall bear full and exclusive responsibility for any release of hazardous or non- hazardous chemicals or substances during the course of its performance of this Contract. The Contractor shall immediately report any such release to YBGC, and Contractor shall be solely responsible for compliance with all applicable federal, State, and local laws and regulations regarding reporting of releases of hazardous chemical or substances to appropriate government agencies. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including without limit, payment of any fines or penalties levied against YBGC, or the City and County of San Francisco by any agency as a result of such release and shall hold harmless, indemnify, and defend YBGC and the City and County of San Francisco and each of their commissioners, directors, officers, employees, representative and agents from any claims arising from such release. For purposes of this section only, the term “claims” shall include (1) all notices, orders, directives, administrative, or judicial proceedings, fines, penalties, fees, or charges imposed by any governmental agency with jurisdiction; and (2) any claim, cause of action, or administrative or judicial proceeding brought against YBGC and the City and County of San Francisco or their commissioners, directors, officers, employees, representatives or agents, or for any loss, cost (including reasonable attorneys’ fees), damage or liability, sustained or suffered by any person or entity, including YBGC.

If in the performance of the work outlined in these Solicitation Documents the Contractor uses hazardous chemicals or substances or creates any hazardous wastes, as defined in federal and State law, all such resulting

at the expense of the Contractor. The Contractor shall dispose of any and all such hazardous wastes under its own EPA Identification Number via a licensed hazardous waste transporter, at an appropriately permitted disposal facility selected by Contractor. In no event shall YBGC be identified as the generator of any such wastes. The Contractor shall determine whether any wastes generated during the performance of the work is hazardous waste, and shall notify YBGC if Contractor generates any hazardous wastes, and YBGC reserves the right to a copy of the results of any tests conducted on the wastes and, at YBGC’s cost, to perform additional tests or examine those wastes prior to disposition. The Contractor shall hold harmless, indemnify, and defend YBGC and the City and County of San Francisco, and each of their San Francisco or their commissioners, directors, officers, employees, representative and agents from any claims arising from the disposal of such hazardous wastes regardless of the absence of negligence or other malfeasance by Contractor.

1. 48.                   ANTITRUST CLAIMS

The Contractor’s attention is directed to California Government Code Section 4552, which shall be applicable to the Contractor and its subcontractors:

“In submitting a bid to a public purchasing body, the Bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 12) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Bidder.”

1. 49.                   EQUAL OPPORTUNITY COMPLIANCE

During the performance of any Contract entered into pursuant to these Contract Documents, the Contractor, for itself, its assignees and successors-in-interest, agrees to comply with applicable City and County of San Francisco equal opportunity laws, including but not limited to the Equal Benefits Ordinance, the Minimum Compensation Ordinance, the Health Care Accountability Ordinance, and First Source Hiring Ordinance.

1. 50.                   EQUAL EMPLOYMENT OPPORTUNITY

In connection with the performance of the contract, the Contractor shall not discriminate against any employee or an applicant for employment because of race, color, religion, national origin, ancestry, sex, gender, sexual orientation, age (over 40), marital status, pregnancy, medical condition, or disability as specified in federal, State and local laws. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to the above factors. Such actions shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay; other forms of compensation; and selection for training, including apprenticeship. The Contractor shall comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

1. 51.                   ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES

The Contractor agrees to comply with all applicable requirements of the Americans with

Disabilities Act of 1990 (ADA), commencing at 42 U.S.C. Section 12101; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 794.

1. 52.                   COMPLIANCE WITH LAW

(a)                    The Contract documents, and the rights of the parties thereunder, shall be interpreted in accordance with the laws of the State of California.

(b)                    The Contractor warrants that, all safety orders, rules and recommendations of the State of California, Division of Industrial Safety, and the United States Department of Labor, Occupational Safety and Health Administration applicable to the work to be done underthis

1. 53.                   DISCHARGE OF LIENS

The Contractor shall pay all costs and expenses incident to any work performed by it or for its account, and shall not create, incur, suffer or permit to be placed or imposed any lien or encumbrance or charge in any way arising from any act or omission of the Contractor. The Contractor shall orally or in writing inform all persons dealing with it in performing the work of the provisions of this paragraph. The Contractor shall immediately discharge or cause to be discharged any lien or right in rem of any kind, other than in favor of YBGC, and if any such lien or right in rem is not immediately discharged, YBGC may, after notification to the Contractor, discharge or cause to be discharged such lien or right at the expense of the Contractor.

1. 54.                   YBGC’S WAIVER OF CONDITIONS

The waiver of any provision, term, or condition in these Solicitation Documents by YBGC on any particular occasion shall not constitute a general waiver of any other provision, term, or condition, nor a release from the Contractor’s obligation to otherwise perform or observe any other provision, term, or condition of the Contract.

1. 55.                   SEVERANCE

If any part of the Solicitation Documents or Contract is declared invalid by a court of law, such decision will not affect the validity of any remaining portion, which shall remain in full force and effect.

1. 56.                   ATTORNEYS’ FEES

If any legal proceeding should be instituted by either of the parties to enforce the terms of this Contract or to determine the rights of the parties hereunder, the prevailing party in said proceeding shall recover, in addition to all court costs, reasonable attorneys’ fees.

1. 57.                   GOVERNING LAW

The Contract hereunder shall be governed by the laws of the State of California. The Contract must comply with all federal, State, and local laws, rules, and regulations applicable to the Contract and to the work to be done hereunder, including all rules and regulations of YBGC.

1. 58.                   RIGHTS AND REMEDIES OF YBGC

The rights and remedies of YBGC provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

1. 59.                   INDEPENDENT CONTRACTOR

Neither Contractor nor any of the Contractor’s employees is, or shall be deemed, an agent or employee of YBGC in the performance of all work hereunder, Contractor shall be an independent Contractor, shall comply with all applicable Worker’s Compensation laws, shall pay all required Social Security taxes and Unemployment Compensation taxes, and shall pay or perform all other obligations imposed upon an employer of labor, all at Contractor’s expense, and, furthermore, shall indemnify YBGC and its directors, officers, employees, representatives and agents against any and all liability as a result of Contractor’s failure to perform any of the foregoing requirements.

SPECIAL PROVISIONS

1. 1.                        SCOPE OF CONTRACT

It is the intent of YBGC to award a contract for Yerba Buena Gardens Perimeter Project, in accordance with these specifications and as more particularly described in the Technical Specifications which are included herewith.

1. 2.                        SCHEDULE OF ACTIVITIES

Listed below is the “Schedule of Activities” which outlines pertinent dates of which Bidders should make themselves aware:

1. Pre-Bid Conference – 9:00 a.m. on April 8, 2021. Please reference Special Provision 3.

1. Requests for Information — to be received by 5:00 p.m. on April 15, 2021. Please reference Special Provision 6.

1. Requests for Approved Equals — tobereceivedby5:00p.m.onApril15,2021. Please reference Special Provisions 7 and 8.

1. YBGC’s Response to Requests for Clarification/Information and Requests for Approved Equals will be posted on the YBGC’s website at http://www.ybgardens.org/), and the Bidder’s List by 5:00 p.m. on April 22, 2021. Please reference Special Provision 6.

1. Bid Opening – 12:00 p.m. on April 29, 2021at Yerba Buena Gardens Terrace Level at Garden’s Level located at 750 Howard Street. Please reference Special Provision 14.

1. 3.                        PRE-BID CONFERENCE AND INSPECTION

A mandatory pre-bid Conference will be held beginning at 9:00 a.m. on April 8, 2021,at the Yerba Buena Gardens Management Office, 750 Howard Street, San Francisco, CA. At this Conference, members of YBGC’s staff will be available to answer questions pertaining to the Contract Documents, Specifications, and workforce requirements. The Conference should take approximately one-hour. Attendance at the Pre-Bid Conference is mandatory, to assure that Bidders are familiar with the Bid documents, equipment, equipment condition and access.

1. 4.                        QUALIFICATION OF BIDDERS

YBGC may reject the bid of any Bidder deemed not to possess the minimum qualifications to perform the required work. Contractor shall have the following qualifications:

1. General contractors, specialty contractors or the individuals responsible for construction, assembly or installation in the field shall have been continuously engaged in projects similar to that specified herein for a minimum of five years and shall have completed work on at least five projects of this type of scope.

1. Contractor shall have previous experience in dealing with public service clients who make numerous program changes during the course of construction.

1. Contractor shall have at time of bid and continuously maintain throughout the project and warranty period a CA contractor’s license appropriate for the work in the projectscope.
2. Contractor shall secure insurance and provide performance and payment bonds as stipulated in general conditions.

YBGC reserves the right to inspect the Bidder’s premises prior to Contract award or at any time during the Contract period.

Each Bidder shall submit the form entitled “List of References,” Page B-6 & B-7, which is a list of five firms for which it provides or has provided comparable services within the past twoyears.

FAILURE TO PROVIDE INFORMATION REGARDING EXPERIENCE MAY RESULT IN REJECTION OF THE BID.

1. 5.                        PERMITS AND INSPECTIONS

All Municipal, County, State and Federal laws, rules and regulations governing or related to any portion of the proposed Contract are hereby incorporated into and made a part of these specifications. All permits, licenses and inspections required by Municipal, County and State authorities shall be obtained, maintained in force and paid for by the Contractor. Any tests required by such authorities shall be conducted in the presence of such authorities or its authorized representatives.

1. 6.                        QUESTIONS AND REQUESTS FOR CLARIFICATION

If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any provision of these Contract Documents, they shall submit a written request to the named Contract Officer at the address set forth in Special Provision 14, for an interpretation or clarification no later than 5:00 p.m. on April 15, 2021. Prospective Bidders may also submit written requests to the named Contract Officer by email to: tpellegrini@ybgardens.org. YBGC will respond to such requests by 5:00 p.m. on April 22, 2021 by posting responses on the YBGC’s website at (http://www.ybgardens.org/).

Any interpretation, change, or correction of these Contract Documents will be made by written Addendum that will be posted to the YBGC’s website at http://www.ybgardens.org/) and the list of Bidders.

Upon such posting, such Addendum will become a part of the Contract Documents and binding on all Bidders. The receipt of the Addendum by the Bidder shall be acknowledged and so noted in the space provided for on the Bid Form. Any and all oral modifications of these specifications are void and ineffective.

These Contract Specifications are intended to describe and provide for a completed work. In the event that there are inconsistencies or discrepancies between terms and conditions contained in the General Conditions, Special Provisions, and Technical Specifications, the terms and conditions contained in the Special Provisions and Technical Specifications shall govern over those included in the General Conditions.

1. 7.                        APPROVED EQUAL REQUESTS

It is understood that specifying a brand name or specific types of components, equipment, and/or processes in these specifications shall not relieve the Bidder from its responsibility to furnish the end product in accordance with the warranty and contractual requirements. The Bidder is responsible for notifying YBGC of any inappropriate brand names, or types of components, equipment, and/or process that may be called for in these specifications, and to propose a suitable substitute for consideration. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article, or patented process by trade name, make or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. A Bidder may, at its option, use any equipment, material, article, or process which, in the judgment of YBGC, is equal to that designated. To do so a Bidder shall furnish, at its own expense, all test results, technical data and background information required by YBGC in making the determination as to whether the proposed equipment, material or article or process, in the judgment of YBGC, is equal to that designated. This shall be submitted on Form AE-1, Request for Approved Equalsincluded in these Solicitation Documents.

YBGC shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles, material, or process, and its decision shall be final.

1. 8.                        APPROVED EQUAL PROCEDURES

1. Prospective Bidders may discuss these specifications with YBGC’s Contract Officer. This, however,

will not relieve Bidders from the procedure of submitting written documented requests as required by Paragraph B below.

1. Requests for Approved Equals must be received by YBGC, in writing, no later than 5:00 p.m. on April 15, 2021.No such requests will be considered by YBGC if received after this date. Any request for an Approved Equal must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal to or better than the specification requirement. In addition, any test requirements in the specifications that pertain to an item under consideration for Approved Equal must be submitted with the request for Approved Equal. All requests for Approved Equals shallbe addressed to the Contract Officer at the address set forth in Special Provision 14.

To be considered, all Requests for Approved Equals must be in writing, separately identified, and delineated for each Technical Specification, Special Provision, or other item, and must be submitted on form “AE-1, Request for Approved Equals” included herewith. FAILURE TO SUBMIT FORM AE-1 WITH EACH REQUEST FOR APPROVED EQUAL MAY RESULT IN DENIAL OF THE REQUEST.

Failure to properly submit a written Approved Equals Request Form in accordance with this Section, or a “denial” response from YBGC to any Approved Equals Request, will constitute a Bidder’s acknowledgement and acceptance of all terms, conditions, specifications, or provisions contained in the Contract Documents. All terms, conditions, specifications, or provisions contained in this Solicitation, or as may be amended by a written Addendum issued by YBGC, are binding on Bidders.

1. YBGC’s reply to requests received pursuant to Paragraph B above will be posted to the YBGC website at (http://www.ybgardens.org/) by 5:00p.m.onApril22,2021.YBGC reserves the right to postpone this deadline for its own convenience.

1. 9.                        BID FORMS

Bids must be submitted on the bid forms provided. Bids submitted in any other form will be considered non- responsive and may be rejected. Any bid which is conditional in whole or in part, which revises or omits any requirement or provision of the Contract Documents and Specifications, which is based on any substitution for an item specified in the Contract Documents and Specifications when such substitution has not received formal approval by YBGC, or which includes an escalation clause or any other requirements or provisions not contained in the Contract Documents and Specifications may be considered non-responsive, and for that reason rejected.

10           BID PRICES/COMPLETION OF BID FORM

In the event there is a discrepancy between the computed extended amount and the hourly rate or unit price, the hourly rate or unit price shall control, and the mathematical error will be corrected by YBGC accordingly. Any mathematical errors in computing the Grand Total Bid Price shall be re- calculated and the corrected total shall prevail.

It is the intention of YBGC to award one Contract to the lowest responsive and responsible Bidder for furnishing the services specified in the Contract Specifications. The determination of award will be made based on the lowest, responsive and responsible Bidder.

BIDDER MUST OFFER A PRICE QUOTATION ON ALL ITEMS SHOWN ON THE BID FORM. FAILURE TO DO SO MAY RESULT IN REJECTION OF THE BID.

1. 11.                   TERM OF CONTRACT

The term of this Contract shall commence on the date YBGC issues a written Notice to Proceed and shall continue thereafter until the Yerba Buena Gardens Perimeter Project – 3^rd Street is fully accepted by YBGC, unless terminated sooner pursuant to Special Provision 27.

1. 12.                   ESTIMATES OF SERVICE REQUIREMENTS

[Not Used]

1. 13.                   BIDDER’S SECURITY

Each Bidder shall submit with its bid a Bidder’s Security in the amount of $5,000 in a form satisfactory to YBGC, and as more particularly specified in Section 9 of the General Conditions and Instructions for Bidders.

1. 14.                   MARKINGANDMAILINGBIDS/BID OPENING

One original and two copies of the Bid Form, together with all of the required Bid documents, including the Bidder’s Security, shall be securely sealed in a package and clearly marked with the Contract title “YERBA BUENA GARDENS PERIMETER PROJECT- 3^rd STREET”, and shall also include the name and address of the Bidder.

The Bid submittal shall be mailed or personally delivered to:

Tony Pellegrini, Contract Officer Yerba Buena Gardens Conservancy 750 Howard Street

San Francisco, California 94103

All bids must be received by YBGC’s Contracts & Procurement Department by 12:00 PM on April 29, 2021, at which time they will be opened and read.

BIDS RECEIVED AFTER THE TIME AND DATE SPECIFIED WILL BE RETURNED UNOPENED.

1. 15.                   AWARD OF CONTRACT OR REJECTION OF BIDS

With regard to Section 21 of the General Conditions and Instructions for Bidders, the award of

Contract, if any, will be made within 120 calendar days after bid opening to the lowest responsive, responsible Bidder. No Bidder may withdraw its bid during said time period of 120 days.

Each Bidder must submit a price quotation on all itemsrequested on the Bid Form. In determining the lowest responsive and responsible Bidder, YBGC shall compare and evaluate the submitted bids in its entirety and make a determination on the basis of the bid submittals, including the “Grand Total Bid Price” as quoted on the Bid Form. Notification of award of Contract shall be made in writing to the successful Bidder.

YBGC reserves the right to accept or reject any and all bids, or any items thereof; or to waive any informality or irregularity in the bids or in the bidding procedures.

1. 16.                   CONTRACT BONDS

1. A.                   PERFORMANCE AND PAYMENT BOND

Upon execution of the Contract, the Contractor shall furnish, at its own expense, Performance and Payment Securities in a form satisfactory to YBGC as a guarantee of good faith on behalf of the Contractor that the terms of this Contract shall be complied with in every particular. This Performance and Payment Security shall be in the amount of 100% of the Contract price and the Performance and Payment Security shall be issued by an admitted surety insurer authorized to transact surety business within the State of California using YBGC’s form (attached).

Alternatively, the Contractor may deposit with YBGC a Certified or Cashier’s Check upon some solvent bank or irrevocable Standby Letters of Credit for the amount, for the faithful performance of the Contract. The Bond or equivalent securities shall remain in full force and effect for the entire term

specified in the Bond Document. YBGC must give its written consent to any substitution of surety and maintains the right to reject such a proposed substitute.

1. 17.                   INSURANCE

1. Contractor must procure and maintain for the duration of the Contract, including any extensions, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors. If the Contractor maintains additional coverages and/or higher limits than the minimums shown in this Article 17, YBGC and the CCSF shall be entitled to the additional coverage and/or the higher limits maintained by the Contractor.

1. Minimum Scope of Insurance. Coverage must be at least as broad as:

(1)                     Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).

(2)                     Insurance Services Office Automobile Liability coverage, code 1 (form number CA 00 01- any auto).

(3)                     Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

(4)                     Professional Liability Insurance appropriate to the Contractor’s profession covering all negligent acts, errors and omissions.

1. MinimumLimitsof Insurance. Contractor must maintain limits no lessthan:

(1)                     General Liability:

1. For contracts not involving demolition or construction, or during phases of contracts prior to demolition or construction: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit ($4,000,000). Applicable Umbrella or Excess Liability limits may be used to meet the terms of this paragraph.

1. For contracts involving demolition or construction or during phases involving demolition or construction: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit ($10,000,000). Applicable Umbrella or Excess Liability limits may be used to meet the terms of this paragraph.

(2)                Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

(3)                Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the State of California and Employer’s Liability limits of $1,000,000 for bodily injury by accident and $1,000,000 per person and in the annual aggregate for bodily injury by disease. (Required only if Contractor hasemployees).

(4)                Professional Liability Insurance: $2,000,000 per claim and in the annual aggregate. If the Contractor’s Professional Liability Insurance is “claims made” coverage, these minimum limits shall be maintained by the Contractor for no less than five (5) years beyond completion of the Scope of Services.

1. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by YBGC. At the option of YBGC, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to YBGC, the City and County of San Francisco and their respective commissioners, members, officers, agents and employees; or Contractor shall provide a financial guarantee satisfactory to YBGC guaranteeing payment of losses and related investigations, claim administration and defense expenses.

1. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

(1)                     The “The Yerba Buena Gardens Conservancy, the Department of Real Estate of the City and County of San Francisco, and the City and County of San Francisco and each of their respective commissioners, directors, members, officers, agents and employees” are to be covered as additional insureds as respects: liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and liability arising out of work or operations performed by or on behalf of the Contractor.

(2)                     For any claims related to this Contract, the Contractor’s insurance coverage must be primary insurance as respects to YBGC, the City and County of San Francisco and their respective commissioners, members, officers, directors, agents, and employees. Any insurance or self- insurance maintained by YBGC, the City and County of San Francisco and their respective commissioners, members, officers, directors agents or employees shall be in excess of Contractor’s insurance and shall not contribute with it.

(3)                     Any failure to comply with reporting provisions of the policies shall not affect coverage provided to YBGC, the Department of Real Estate of the City and County of San Francisco, and the City and County of San Francisco and their respective commissioners, members, officers, directors, agents or employees.

(4)                     Each insurance policy required by this clause must be endorsed to state that coverage will not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to YBGC.

(5)                     Contractor hereby grants to YBGC a waiver of any right to subrogation which any insurer of said Contractor may acquire against YBGC by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not YBGC has received a waiver of subrogation endorsement from the insurer.

(6)                     If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

1. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the contract of work.

1. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five years after completion of contract work.

1. Acceptability of Insurers. Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A:VII, unless otherwise approved by YBGC.

1. Verification of Coverage. Contractor must furnish YBGC with certificates of insurance and with original endorsements evidencing coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

The certificates and endorsements may be on forms provided by YBGC. All certificates and endorsements are to be received and approved by YBGC before work commences. YBGC reserves the right to require complete, certified copies of all required insurance policies, including endorsements demonstrating the coverage required by these specifications at any time.

1. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein.

1. 18.                   CALIFORNIAPREVAILINGWAGE LAWS

This project includes public works as defined by Labor Code section 1720. Accordingly, the Contractor and subcontractor(s) are subject to California Prevailing Wage Laws when work under the Contract includes the construction, alteration, demolition, repair, installation, maintenance, inspection, or land surveying of a plant, building, structure, ground facility, utility system or any real property including machinery and other equipment permanently attached to a building or realty as fixtures (hereinafter referred to as “Prevailing Wage Covered Work”). California Prevailing Wage Laws include all applicable sections of the Labor Code (Chapter 1, commencing with Section 1720, of Part 7 of Division 2).

1. PrevailingRateofPerDiem Wages (Prevailing Wage)

The Contractor and subcontractor(s) shall comply with Labor Code sections 1774 to 1780, inclusive.

The California Department of Industrial Relations’ General Prevailing Wage Determinations: 2021-1 March 4, 2021 shall constitute the Prevailing Wage for the duration of the Contract. Copies of the determinations can be reviewed at YBGC’s Office (750 Howard Street, San Francisco, California 94103). They can also be found at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

The Contractor shall post a printed copy of applicable prevailing wage determinations in a prominent place at the work site.

The Contractor and subcontractor(s) shall pay no less than the applicable Prevailing Wage to any worker performing Prevailing Wage Covered Work under the Contract for all work hours specified within of applicable prevailing wage determinations.

When, after investigation by YBGC or the California Department of Industrial Relations (DIR), it is established that a worker has been paid less than the applicable Prevailing Wage, the Contractor or subcontractor shall pay the worker restitution equal to the difference between actual wages paid and the applicable Prevailing Wage. In addition, the Contractor or subcontractor shall forfeit to YBGC a penalty of not more than $200.00 for each underpaid worker for each calendar day, or portion thereof, during which underpayment has occurred. YBGC shall withhold Contract payments from the Contractor equal to the amount of unpaid wages and applicable penalties when it is established by YBGC or DIR that an underpayment has occurred. Withheld Contract payments shall be released in accordance with Labor Code sections 1742 through 1743 and 1771.6.

1.) Future Wage Increases

Predetermined increases to the Prevailing Wage can be found within the applicable prevailing wage determinations. Prevailing wage determinations with predetermined increases are denoted by a double-asterisk (**) following the published expiration date. YBGC will not recognize any claim for additional compensation based on the payment by the Contractor of any predetermined increase to the Prevailing Wage during the term of the Contract. The possibility of wage increases during the course of the Contract is one of the elements to be considered by the Contractor in determining the bid, and such wage increaseswill not, under any circumstances, be considered as the basis of a claim against YBGC with regard to the Contract.

1. Hours of Labor

The Contractor and subcontractor(s) shall comply with Labor Code sections 1810 through 1815.

The Contractor and subcontractor(s) shall recognize that eight (8) hours labor constitutes one

(1)    day’s work. The Contractor and subcontractor(s) shall only permit a worker to work in excess of eight (8) hours in one (1) day and work in excess of 40 hours in one (1) week when that work is paid at no less than one and one-half (1½) times the Prevailing Wage basic hourly rate of pay.

The Contractor and subcontractor(s) shall maintain accurate records showing the name of and actual hours worked each calendar day and each calendar week by each worker

employed in connection with Prevailing Wage Covered Work performed under the Contract. The Contractor and subcontractor(s) shall make these records available for inspection by YBGC and by DIR’s Division of Labor Standards Enforcement.

When, after investigation by YBGC or DIR, it is established work has been performed in excess of eight (8) hours in one (1) day or 40 hours in one (1) week without appropriate compensation, the Contractor or subcontractor(s) shall forfeit to YBGC a penalty of $25.00 per day for each affected worker. YBGC shall withhold Contract payments from the Contractor equal to the amount of underpayment and applicable penalties when it is established by YBGC, or DIR that overtime work has not been appropriately compensated. Withheld Contract payments shall be released in accordance with Labor Code sections 1742 through 1743 and 1771.6.

1. Certified Payroll Records (CPRs)

Contractor and each subcontractor shall submit electronic certified payroll records to the California Labor Commissioner in the manner and format set forth in California Labor Code section 1771.4. The Contractor and subcontractor(s) shall comply with Labor Code section 1776 and Title 8 of the California Code of Regulations section 16400.

YBGC shall withhold Contract payments due or estimated to be due to the Contractor or subcontractor whose CPRs are delinquent or inadequate (terms defined in subsequent language of the Contract), plus any additional amount that YBGC has reasonable cause to believe may be needed to cover unpaid wages and penalties assessed against the contractor or subcontractor whose CPRs are delinquent or inadequate; the Contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until YBGC provides notice that the subcontractor has cured the delinquency or deficiency.

The Contractor and subcontractor(s) shall maintain CPRs for a period of three (3) years following the completion of the Contract.

1.) Content of CPRs

The Contractor and subcontractor(s) shall keep accurate CPRs detailing the following information: name, address, social security number, work classification, wage rates, straight time and overtime hours worked each day and each week, check number, deductions, contributions, payments, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee(s) employed by the Contractor or subcontractor in connection with the Contract.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(a)     The information contained in the payroll record is true and correct.

(b)     The employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

A CPR is inadequate if the CPR does not contain all of the abovementioned parts.

2.) Timely Submission of CPRs

The Contractor and subcontractor(s) shall submit one (1) CPR each week from the

start of Prevailing Wage Covered Work through the completion of the work. Each CPR shall be submitted within one (1) calendar week from the last day of the Contractor’s or subcontractor’s work week. A CPR shall be considered delinquent if the CPR has not been submitted within 30 calendar days from the end of the work week.

3.) Additional Requests for CPRs and Other Payroll Records

The Contractor’s and subcontractor’s CPRs and all payroll records, as defined by Chapter 8 of the California Code of Regulations section 16000, shall be available for inspection at all reasonable hours at the Contractor’s or subcontractor’s office, and copies thereof shall be provided by the Contractor or subcontractor on the following basis:

(a)     Upon request of an employee or the employee’s authorized representative.

(b)     Within ten (10) calendar days of a written request from YBGC or from DIR’s Division of Labor Standards Enforcement or Division of Apprenticeship Standards. When copies of payroll records are not provided within ten (10) calendar days, the Contractor or subcontractor shall forfeit to YBGC a penalty of $100.00 per worker for each calendar day or portion thereof that copies are not provided. YBGC shall withhold Contract payments from the Contractor equal to the amount of any accrued penalties. Withheld Contract payments shall be released in accordance with Labor Code sections 1742 through 1743 and 1771.6.

(c)     Upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either YBGC or the DIR’s Division of Labor Standards Enforcement. If the records have not been provided pursuant to paragraph

(b) above, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

Any copy of records made available for inspection as copies and furnished upon request to the public or YBGC, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.

The Contractor shall inform YBGC of the location of CPRs, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section.

In the event that the Contractor fails to comply within the 10-day period, he/she shall, as a penalty, forfeit One Hundred Dollars ($100.00) for each calendar day,

or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor

Standards Enforcement, such penalties shall be withheld from progress payments then due.

4.) Submittal of Payroll Records via Online System

The Contractor and subcontractor(s) shall submit all CPRs via the YBGC online submittal system (http://lcptracker.com ) , unless otherwise required by YBGC. Access to this online

submittal system is provided by YBGC free of charge to the Contractor and subcontractor(s). Any optional interface desired by the Contractor (such as an automated payroll system interface) with the online submittal system shall be at the sole expense of the Contractor.

1. Apprenticeship Requirements

Labor Code section 1777.5(n) emphasizes that a prime contractor is responsible for compliance with apprenticeship requirements. Therefore, the Contractor shall be responsible for compliance by the Contractor and any subcontractor(s) with Labor Code sections 1777.5 through 1777.6 and the regulations of the California Apprenticeship Council related to the employment of apprentices. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall be responsible for any penalties assessed by the Labor Commissioner in accordance with Labor Code section 1777.7. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.

The Contractor and subcontractor(s) shall meet the following obligations whenever Prevailing Wage Covered Work is performed under this contract in a craft or classification deemed to be apprenticeable within applicable prevailing wage determinations:

1.) Before the start of Contract work, the Contractor and subcontractor(s) shall notify all apprenticeship programs approved by DIR’s Division of Apprenticeship Standards (DAS) to train apprentices within the county of the Contract work. Completion and submission of Form(s) DAS-140 may constitute sufficient notification. Form DAS-140 can be found at http://www.dir.ca.gov/DAS/DASForm140.pdf. Information on apprenticeship programs can be found at http://www.dir.ca.gov/databases/das/pwaddrstart.asp.

2.) During Contract work, the Contractor and subcontractor(s) shall employ apprentices in a ratio of not less than one (1) apprentice hour of work for every five

(5) hours of journeyman work. The Contractor and subcontractor(s) shall obtain written exemptions from DAS or a DAS-approved apprenticeship program for exceptions to the 1- to-5 ratio.

3.) For every hour of journeyman and apprentice labor, the Contractor and subcontractor(s) shall make apprenticeship training fund contributions to either the California Apprenticeship Council or an apprenticeship training program approved by the DAS. Apprenticeship training contributions shall be paid at no less than the amount specified within the applicable prevailing wage determination.

The Contractor and subcontractor(s) shall pay a worker at the appropriate journeyman prevailing wage rate if any of the following apprenticeship standards are not met:

1.) The worker is registered as an apprentice with the DAS and the contractor has obtained written proof of his or her registration.

2.) The worker is registered with U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services and the contractor has obtained written proof of his or her registration.

3.) The worker is employed in accordance with the apprenticeship standards of the apprentice agreement under which he or she is training.

1. Wage Kickbacks and Worker Registration Fees Prohibited

The Contractor and subcontractor(s) shall comply with Labor Code sections 1778 through 1779.

The Contractor and subcontractor(s) shall not take, receive, or conspire with another to take or receive, for his own use or the use of any other person any portion of the wages of any worker or subcontractor in connection with the Contract.

The Contractor and subcontractor(s) shall not charge, collect, or attempt to charge or collect, directly or indirectly, a fee or valuable consideration for registering any person work in connection with the Contract, or for giving information as to where such employment may be procured, or for placing, assisting in placing, or attempting to place, any person in connection with the Contract.

1. Worker’s Compensation

Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers’ compensation to its employees in accordance with the provisions of Section 3700 of the Labor code.

Prior to commencement of work, the Contractor shall sign and file with YBGC, a certification in the following form:

“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

1. 19.                   PROHIBITION AGAINST WORKING WITH DEBARRED CONTRACTORS Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

1. 20.                   PROMPT PAYMENT TO SUBCONTRACTORS

Pursuant to Business and Professions Code Section 7108.5, the Contractor shall pay each first-tier Subcontractor under this Contract for satisfactory performance of work under its subcontract no later than 7 days from the Contractor’s receipt of payment from YBGC for such work. The Contractor shall require each first-tier Subcontractor to make payments to lower tier Subcontractors in a similar manner. YBGC shall have no obligation to pay or to verify the payment of money to any Subcontractor, except as may otherwise be required by law.

The Contractor, not YBGC, shall be solely responsible for payment to Subcontractors at any tier for any amounts owing from the Contractor. All such Subcontractors agree that they shall have no claim and shall take no action against YBGC or its officers, directors, employees or sureties, for non-payment by the Contractor.

1. 21.                   NON-COLLUSION DECLARATION

Pursuant to Public Contract Code section 7106, Contractor shall execute a Non-Collusion Declaration, in a form provided by YBGC, which is attached and incorporated herein.

1. 22.                   THIRD-PARTY CLAIMS

Pursuant to Public Contracts Code Section 9201, YBGC shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. YBGC will provide for timely notification to the Contractor of the receipt of any third-party claim, relating to the Agreement.

Notice shall be in writing and will be provided within thirty (30) days. YBGC shall be entitled to recover its reasonable costs incurred in providing such notification.

1. 23.                   CONTRACTOR’S LICENSE REQUIREMENTS

Contractor and any approved subcontractors shall hold such current and valid Contractor’s Licenses as required by California Law.

1. 24.                   EXAMINATION AND AUDIT OF RECORDS

Pursuant to Government Code Section 8546.7, Contractor shall retain all project-related records for a

period of 3 years after final payment on this Agreement, which shall be subject to audit or inspection by YBGC or the State Auditor during this period.

1. 25.                   UTILITY RELOCATION

If applicable, pursuant to California Government Code Section 4215, if during the course of the work the Contractor encounters utility installations which are not shown or indicated in the contract plans or in the specifications or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination of the work site, then it shall promptly notify YBGC in writing. Where necessary for the work of the Contract, YBGC will amend the contract to adjust the scope of work and the compensation to allow the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from YBGC, then it shall be liable for any or all damage to such utilities or other work of the Contract which arises from its operations subsequent to the discovery, and it shall repair and make good such damage at its own cost.

1. 26.                   EXCAVATION

If applicable, in accordance with state law (Public Contract Code Section 7104), with respect to any work involving digging trenches or excavations that extend deeper than four feet, the Contractor shall notify YBGC promptly in writing of any of the following conditions: (a) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law; (b) subsurface or latent physical conditions at the site differing from those indicated; (c) unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Contractor shall notify YBGC of such conditions prior to disturbing them and shall await direction from YBGC as to how to proceed.

1. 27.                   TRENCH SAFETY

If applicable, excavation for any trench 5 feet or more in depth shall not begin until the Contractor has received approval from YBGC, of the Contractor’s detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall be submitted at least 5 days before the Contractor intends to begin excavation for the trench and shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California. Attention is directed to the provisions of Section 6705 of the Labor Code concerning trench excavation safety plans.

1. 28.                   PUBLIC WORKS REGISTRATION

The Contractor must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. BIDDERS MUST SUBMIT PROOF OF CONTRACTOR REGISTRATION WITH THE DIR IN THE FORM OF A HARD COPY OF THE RELEVANT PAGE OF THE DIR’S

DATABASE FOUND AT: https://efiling.dir.ca.gov/PWCR/Search.

This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor must post job site notices, as prescribed by regulation. The Contractor shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, monthly in a format prescribed by the Labor Commissioner.

1. 29.                   COMPLIANCEWITHALLAPPLICABLE LAWS

Contractor shall comply with all the applicable requirements of federal, state and local laws, statutes and ordinances relative to the execution of the Construction Work. In the event Contractor fails to comply with these requirements, YBGC may stop any Construction Work until such noncompliance is remedied. No part

of the time lost due to any such cessation of the Construction Work shall be made the subject of a claim for an extension of time or increase in the compensation.

1. 30.                   IRAN CONTRACTING ACT

The undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).

1. 31.                   SAFETY REQUIREMENTS

The Contractor shall promptly and fully comply with and carry out, and shall without separate charge to YBGC, enforce compliance with the safety and first aid requirements prescribed by applicable local, State and Federal laws and regulations, rules and orders, in an effort to ensure that

work is done in a safe manner and that the safety and health of the employees and the people of local communities is safeguarded. Compliance with the provisions of this Section by subcontractors shall be the responsibility of the Contractor. All installed material, equipment and structures, without separate charge to YBGC, shall fully conform with all applicable local, State and Federal safety laws, rules, regulations and orders and it shall be the Contractor’s responsibility to furnish only such material, equipment and structures, notwithstanding any omission in the Contract Documents related thereto or the indication of some other particular material, equipment or structure.

Upon the failure of the Contractor to comply with any of the requirements of this Section, YBGC shall have the authority, but not the duty, to stop any operations of the Contractor affected by such failure until such failure is remedied. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for increased costs or damages by the Contractor.

The Contractor shall, at all times, exercise reasonable precautions for the safety of persons engaged in the performance of the work under this Contract (“Work”).

The Contractor shall provide such equipment and facilities as are necessary or required, in case of accident, for first aid service to any person who may be injured in the progress of the Work and shall have standing arrangements for the removal and hospital treatment of any employee who may be injured or who may become ill.

The Contractor shall keep records of all accidents in a bound book, including in such records such data as may be required by the laws and regulations of the State of California.

The Contractor must promptly report in writing to YBGC all accidents whatsoever, arising out of or in conjunction with the performance of the Work, whether on or adjacent to the site, which cause death, personal injury or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone to YBGC.

If any claim is made by any third person against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the fact in writing to YBGC, giving full details of the claim.

1. 32.                   RETENTION ON PROGRESS PAYMENTS

If the Contract utilizes progress payments, five percent (5%) will be deducted from each progress payment and held in retention by YBGC. The remainder less any other deductions taken in accordance with this article will be paid to the Contractor as progress payments. The Contractor acknowledges and agrees that, pursuant to Public Contract Code section 7200, the percentage of retention amounts withheld by the Contractor from its Subcontractors may not exceed the percentage withheld by YBGC from the Contractor as specified herein.

Contractor shall release retention to a Subcontractor within 30 days of the Subcontractor satisfactorily completing all required work. Upon satisfactory completion of a Subcontractor’s work, including provision of appropriate releases, certificates, evidence of the Subcontractor’s compliance with all applicable

requirements of the Contract Documents, and all other documents as may be required by the Contractor and YBGC to close-out the subcontract, the Contractor may submit an application to YBGC for the release of the portion of the retention attributed to the Subcontractor’s work. The Contractor’s application shall certify that the Subcontractor has:

a)   Completed all work required to be performed under its subcontract;

b)   The amount withheld by the Contractor under the subcontract; and

c)   That the Subcontractor has provided all backup information, stop payment notice, and lien releases required to close-out the subcontract.

Within 7 days following receipt of payment from YBGC for the completed Subcontractor Work, the Contractor shall release all monies withheld as retention from the Subcontractor, even if the Work to be performed by the Contractor or other Subcontractors is not completed and has not been accepted. The Contractor shall, by appropriate agreement with each Subcontractor, require each first-tier Subcontractor to make payments to lower tier subcontractors in a similar manner.

1. 33.                   RELEASE OF RETENTION

Upon YBGC’s issuance of Notice of Final Acceptance YBGC will release the amount retained.

1. 34.                   SECURITIES IN LIEU OF RETENTION

Pursuant to Public Contract Code Section 22300, the successful Bidder may submit Securities in lieu of retention payments by YBGC. Upon Contractor’s request, YBGC will make payment of funds withheld from progress payments, pursuant to the requirements of California Public Contract Code Section 22300, if Contractor deposits in escrow with YBGC or with a bank acceptable to YBGC, securities eligible for investment under California Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and YBGC, upon the following conditions:

(1)   Contractor shall bear the expenses of YBGC and the escrow agent in connection with the escrow deposit made.

(2)   Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to Contractor pursuant to thisarticle.

(3)   Contractor shall enter into an escrow agreement satisfactory to YBGC, which agreement shall be substantially similar to the form provided in California Public Contract Code Section 22300.

(4)   Contractor shall obtain the written consent of the surety to such agreement.

1. 35.                   REPAIR AUTHORIZATION

Only authorized work will be allowed and paid for under this Contract. Authorized work is work that is requested by YBGC Representative only.

CONTRACTOR WILL NOT BE PAID FOR UNAUTHORIZED WORK OR REPAIRS

1. 36.                   TIME AND SCHEDULE FOR PERFORMANCE

The majority of YBGC’s service requirements occur between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. However, there may be occasions when work is required outside those hours and days.

The Contractor must provide YBGC with a phone number where a company representative can be reached during the hours of 7:00 a.m. and 5:00 p.m. or after hours in the event of an emergency. Good communication during all times of the day between the Contractor and YBGC is essential to the Contract work. To ensure good communication, the Contractor will be required to maintain (at the Contractor’s expense) the following equipment

during the entire term of this Contract:

1. Office phone with voicemail
2. Email
3. Mobile or Cellular phone

The mobile phone referenced above shall be carried by the Contractor’s personnel assigned to perform work for YBGC.

YBGC will establish the schedule for completion with the Contractor. It will be the Contractor’s responsibility to obtain the necessary materials and labor resources to complete the assignment within the specified schedule. Failure to complete the assignment within the established schedule will be grounds for assessing liquidated damages pursuant to Section 18 of the Contract.

1. 37.                   SPECIALTY SUBCONTRACT WORK/DESIGNATION OF SUBCONTRACTORS

The work required herein may, from time to time, require specialty subcontract work. The Contractor will be required to select such subcontractor and seek the approval of YBGC Representative prior to beginning the work.

Contractor shall not subcontract any work to be performed by it under this Contract without the prior written approval of YBGC. Contractor shall be solely responsible for reimbursing any subcontractors and YBGC shall have no obligation to them. Each Contractor shall list the name, business address and license number of each subcontractor to whom the Contractor proposes to subcontract a portion of the work in an amount in excess of one-half of one percent (0.5%) of the Total Contract Price, along with a description of the portion of the work which shall be done by each subcontractor, as part of the “Designation of Subcontractors and Sub-Bidders” form included in the BidForms.

1. 38.                   COMPLIANCE WITH YBGC REQUIREMENTS

Each Bidder shall acknowledge receipt and understanding of the following contracting requirements and policies and state its ability and willingness to comply with each of them:

1. Bidder’s Duty of Loyalty

Bidder for itself and its subcontractors, if any, agrees that unless approved in advance in writing by the YBGC, no present or former director, officer, employee, or consultant of the YBGC shall knowingly act for anyone other than the YBGC in connection with any particular matter in which the YBGC is a party, or has a direct and substantial interest, and in which he or she participated personally and substantially as an YBGC director, officer, employee or consultant, whether through decisions, recommendations, advice, investigation or otherwise.

1. Limitations on Contributions

Bidder acknowledges the following, that it is familiar with section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with the City for the rendition of personal services, for the furnishing of any material, supplies or equipment, for the sale or lease of any land or building, or for a grant, loan or loan guarantee, from making any campaign contribution to (1) the Mayor or members of the Board of Supervisors, (2) a candidate for Mayor or Board of Supervisors, or (3) a committee controlled by such office holder or candidate, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or six months after the date the contract is approved. Bidder acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $50,000 or more. Bidder further acknowledges that the prohibition on contributions applies to each prospective party to the contract; each member of Bidder’s board of directors; Bidder’s chairperson, chief executive officer, chief financial officer and chief operating officer; any person with an ownership interest of more than 20 percent in Bidder; any subcontractor listed in the bid or contract; and any committee that is sponsored or controlled by Bidder. Additionally, Bidder acknowledges that Bidder must inform each of the persons described in the preceding sentence of the prohibitions contained in section 1.126.

Finally, Bidder agrees to provide to YBGC the names of each member of Bidder’s board of directors; Bidder’s chairperson, chief executive officer, chief financial officer and chief operating officer; any person with an ownership interest of more than 20 percent in Bidder; any subcontractor listed in the bid or contract; and any committee that is sponsored or controlled by Bidder.

1. Nondiscrimination in Contracts and Benefits

Bidder shall complete “Chapter 12B Declaration: Nondiscrimination in Contracts and Benefits” form (Form CMD-12B-101), Attachment #1, with supporting documentation and secure the approval of the form by the San Francisco Contract Monitoring Division. However, a Bidder that has received certification from the San Francisco Contract Monitoring Division regarding their compliance with the Equal Benefits Ordinance of the City and County of San Francisco will be deemed in compliance with the policy and shall return and mark Attachment #1 with the notation “Certified by CMD” in its bid. For further information, see instructions contained in Attachment #1 or contact YBGC.

1. Minimum Compensation Ordinance and Health Care Accountability Ordinance

The City has adopted a Minimum Compensation Ordinance (San Francisco Administrative Code Chapter 12P), which requires covered employers to provide covered employees with specified minimum compensation. In addition, the City has adopted a Health Care Accountability Ordinance (San Francisco Administrative Code Chapter 12Q), which requires that contractors offer certain health plan benefits to their employees or participate in a health benefits program developed by the City’s Department of Public Health or make a payment in lieu of such benefits to the City’s Department of Public Health.

The Bidder shall either submit a completed Minimum Compensation Ordinance (MCO) Declaration Form (Attachment #2) and Health Care Accountability Ordinance (HCAO) Declaration Form (Attachment #3) or state its intent to comply with these Ordinances, to the event applicable.

1. First Source Hiring Ordinance

City has adopted a First Source Hiring Ordinance (San Francisco Administrative Code Chapter 83), which establishes specific requirements, procedures and monitoring for first source hiring of qualified economically disadvantaged individuals for entry level positions. The Bidder shall comply with First Source Hiring Ordinance requirements in the performance of the Contract, to the extent applicable.

1. Disclosure Questions

Each Bidder shall complete Attachment #4, Disclosure Questions, and submit the completed form as part of its bid.

1. Statement of Compliance with YBGC Policies and Certification of Bidder

The Contractor shall certify under penalty of perjury under the laws of the State of California that all the information provided in its bid is true and correct (Attachment #5).

1. 39.                   FEDERAL     PROVISIONS-COMMUNITY DEVELOPMENT BLOCK GRANT/HUD CONTRACTING REQUIREMENTS

This project may be financed in whole or in part with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant program income. Therefore, to the extent applicable, Contractors shall comply with federal contracting requirements as articulated below.

1. A.                       Davis Bacon and Related Acts

Contractor agrees to comply with the Davis-Bacon Act, as amended (40 U.S.C. 3141-3148), as supplemented by Department of Labor regulations (29 CFR Part 5). The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of

$2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for

corresponding work on similar projects in the area. (See section 18 for information on prevailing wage determinations). The Davis- Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis- Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.

1. B.                       Copeland “Anti-Kickback” Act

Contractor agrees to comply with the Copeland ‘‘Anti-Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Contractor agrees to prohibit from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

1. C.                       Contract Work Hours and Safety Standards Act

Contractor agrees to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701– 3708). As applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers require Contractors to agree to the provisions of 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor is required to compute the wages of every mechanic and laborer based on a standard 40-hour work-week. Work in excess of the standard work-week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Under 40 U.S.C. 3704, each contractor agrees that no laborer or mechanic shall be required to work in surroundings or under working conditions, which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

1. D.                       Clean Air Act and Federal Water Pollution Control Act

As applicable to all contracts in excess of $150,000, contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401– 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387).

1. E.                       Energy Policy and Conservation Act

Contractor agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

1. F.                       Debarment and Suspension

By submitting a bid, Contractor declares that it is not debarred, suspended, or otherwise listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235),

‘‘Debarment and Suspension.’’ Contractor declares that it is eligible to enter into a contract that received federal financial assistance.

1. G.                      Byrd Anti-Lobbying Amendment

Contractors that apply or bid for an award of $100,000 or more shall file the required certification (form attached as Attachment #8) pursuant to Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award.

1. H.                      Solid Waste Disposal Act

Contractors agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) that contain the highest percentage of recovered materials practicable; procuring

solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

1. I.                         Compliance with Housing and Urban Development (HUD) Section 3

Section 3 (24 CFR Part 135) is a provision of the U.S. Department of Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency. The Section 3 program requires Contractor, to the greatest extent feasible, to provide job training, employment, and contracting opportunities for low-income Section 3 residents in connection with this project. All types of employment opportunities should be made available to low and very low-income persons, including permanent employment and long-term jobs.

In addition, Contractors are encouraged to have Section 3 residents make up at least 30 percent of their permanent, full-time staff. Note: a Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30 percent requirement. This encourages Contractors to continue hiring Section 3 residents when employment opportunities are available. In the performance of this contract, Contractor agrees, to the greatest extent feasible, to comply with the requirements of HUD Section 3 by making efforts to hire Section 3 residents for 30 percent of its new hires, when such positions are available; and subcontracts 10 percent of the value of the contract to Section 3 business concerns, when subcontracting opportunities are available.

Section 3 residents are defined as follows:

• Public housing residents; or
• Persons who live in San Francisco MSA and who have a household income that do not exceed

80       percent       of       the       median       family       income       for       the       area (see https://www.hudexchange.info/resource/3679/hud-income-limits/).

Section 3 business concerns are defined as a business that:

• Is 51 percent or more owned by Section 3 residents;
• Employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or
  • Provides evidence of a commitment to subcontract to Section 3 business concerns, 25percent or more of the dollar amount of the awarded contract.

Contractor shall comply with Section 3 Clause (12 U.S.C. 1701u) (24 CFR Part 135):

1. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the area of the Section 3 covered project, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the Section 3 covered project.

1. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of the Department of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban Development issued thereunder prior to the execution of this Contract. The

parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

1. The Contractor will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

1. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of

regulations issued by the Secretary of the Department of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

1. Compliance with the provisions of Section 3, the regulations set forth in 24CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban Development issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided under this Contract and shall be binding upon Contractor, its successors and assigns. Failure to fulfill these requirements shall subject the Contractor, its subcontractors, successors and assigns to those sanctions specified by 24 CFR Part 135.

1. 40.                   PAYMENT AND INVOICING INSTRUCTIONS

During the term of this Contract, YBGC will make payment to the Contractor for the actual work performed at the job site as quoted on the Bid Form, which shall include full compensation for furnishing all of the labor, tools, vehicles, equipment, and incidentals necessary to complete the work. No additional compensation will be allowed for specialized equipment or services without the prior authorization from YBGC Project Manager or his/her designee. Prior to payment of any invoice for work performed, YBGC will inspect all work. In addition, Proof of Work Documentation must accompany each invoice for work authorized on a time and materials basis. No payment will be made without this Proof of Work Documentation. Contractor shall submit monthly invoices that include all work completed during the previous month.

IMPORTANT: No payment in addition to that specified above will be made for travel time to and from the job site, nor for mobilization, demobilization, clean-up, etc. The contractor shall include all costs in its bid.

YBGC will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice pursuant to Section 20104.50 of the Public Contract Code or within not less than ten (10) calendar days if a cash discount is offered. No such payment will be made when, in the judgment of the Engineer, (a) the work is not proceeding in accordance with the provisions of the Contract;

(b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00). No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work. Pursuant to Public Contract Code Section 20104.50, if YBGC fails to make a progress

payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure

1. 41.                   TERMINATIONOF CONTRACT

YBGC may terminate this Contract at any time by giving the Contractor 30 calendar day’s written notice. Notice of termination shall be by certified mail. Upon termination, YBGC shall pay the Contractor its allowable costs incurred to date of termination and those costs deemed necessary by YBGC to effect termination. In the event that the Contractor at any time during the entire term of this Contract breaches the requirements or conditions of the Contract and does not within ten(10) calendar days of receipt of notice from YBGC cure such breach or violation, YBGC may immediately terminate this Contract and shall pay the Contractor only its allowable costs to date of termination.

1. 42.                   CLAIMS PROCEDURES

Compliance with all change order procedures is a prerequisite to filing a Public Contract Code Claim pursuant to this section. Claims must be submitted no later than (a) 10 days after change order procedures are complete as per General Conditions 39 and 40 or (b) 30 days after the occurrence of the event giving rise to the claim.

In accordance with the procedures set forth in Public Contract Code sections 9204 and 20104- 20104.6, a

Contractor may submit a claim by registered or certified mail with return receipt requested, for one or more of the following: (a) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by YBGC; (b) payment by YBGC of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or (c) payment of an amount that is disputed by YBGC.

The Contractor shall furnish reasonable documentation to support the claim, including but not limited to: 1) a clear, concise recital of the basis upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based, 2) a statement as to the amount of time and/or compensation sought pursuant to the claim; 3) whether the Contractor’s claim arises from an ongoing occurrence, and if so a description of the specific Work activities affected by the claim, 4) a time impact analysis in the event that Contractor requests a time extension, 5) full and complete cost records supporting the amount of any claim for additional compensation, and 6) a notarized certification by the Contractor as follows: “Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the information contained herein is a true, accurate and complete statement of all features relating to the claim asserted.” Failure by the Contractor to provide sufficient documentation will result in denial of the claim. YBGC reserves the right to request additional documentation, or clarification of the documentation provided.

Upon receipt of a claim, YBGC will conduct a reasonable review and provide a written statement to the Contractor identifying what portion of the claim is disputed and what portion is undisputed within 45 days of receipt of the claim. YBGC and Contractor may, by mutual agreement, extend the 45-day time period. For any undisputed portion of a claim, YBGC must make payment within 60 days of its issuance of the written statement.

If the Contractor disputes YBGC’s written statement, or if YBGC fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. YBGC will then schedule the meet and confer conference within 30 days of the demand. Within 10 business days following the meet and confer conference, YBGC will provide a written statement identifying the portion of the claim that remain in dispute. Any payment due on an undisputed portion of the claim will be made within 60 days of the meet and confer conference.

After the meet and confer conference, any disputed portion of the claim shall be submitted to non- binding mediation. Alternatively, upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable. If mediation is unsuccessful, the parts of the claim that remain in dispute shall be subject to applicable procedures set forth below.

Failure of a public entity to respond to a claim within the time periods described above shallresult in the claim being deemed rejected in its entirety. Additionally, amounts not paid in a timely manner shall bear interest at 7 percent per year.

In the event that the mediation is unsuccessful, Contractor must file a government claim pursuant to Government Code section 910 et seq. in order to initiate a civil action.

In any civil action filed to resolve claims, the court shall submit the matter to nonbinding mediation within 60 days following the filing or responsive pleading, provided that the parties have not already participated in mediation of the claim as outlined above. If the matter remains in dispute after nonbinding mediation, the court shall submit the matter to judicial arbitration pursuant to Code of Civil Procedure section 1141.10 et seq. If the matter remains in dispute after judicial arbitration, YBGC or the Contractor may request a trial de novo.

1. 43.                   TECHNICALASSISTANCE

The Contractor shall maintain and make available to YBGC, upon request, technical services of competent engineers at Contractor’s sole expense for the purpose of assisting YBGC in resolving any problems that may arise in connections with the provision of any of the services called for under this Contract.

1. 44.                   PROTECTION OF PROPERTY

The Contractor shall exercise every precaution to ensure that no injury or damage occurs to public or YBGC persons, property or any existing structure as a result of its operations. Should any injury or damage occur, by or through any of the Contractor’s operations, such injury or damage shall be replaced or repaired immediately by the Contractor, at Contractor’s sole cost, in a manner satisfactory to YBGC. The Contractor will provide barricades or other safeguards around work areas. Work areas will be cleaned at the end of each day and trash will be removed and disposed of off- site in a manner consistent with applicable codes and regulations.

1. 45.                   BID PACKAGE DOCUMENTS

A complete bid package shall consist of the following items, all of which must be submitted by each bidder:

1. Bid Forms, Acknowledgment of Terms and Conditions and Schedule of Bid Prices, pages B-2 through B-6 (Special Provisions 9 & 10)

1. Bidder’s Bond, page B-7; or Irrevocable Standby Letter of Credit, sample page B-8; or Certified Cashier’s Check, (General Condition 8, Special Provision 13)

1. List of References, pages B-9 through B-10 (Special Provision 4)
   1. Key Personnel Resume, pages B-11 through B-12 (Technical Specification 4)

1. YBGC Requirements (Special Provision 23) – Attachments #1 – #5.

1. Designation of Subcontractors and Sub-Bidders – Attachment #6 (Special Provision 22)

1. Proof of DIR Registration

1. Non-Collusion Declaration – Attachment #7

1. Federal Lobbying Form – Attachment #8

TECHNICAL SPECIFICATIONSSCOPE OF WORK

The following documents, released in conjunction with the Invitation for Bid, comprise the scope of work and project specifications:

Yerba Buena Gardens Perimeter Project Specifications

PROJECT DRAWINGS

The following documents, released in conjunction with the Invitation for Bid, comprise the project plans: Yerba Buena Gardens Perimeter Project Drawings

FORMS

1. Approved Equal Form
2. Bid Form
3. Acknowledgement of Terms and Conditions
4. Bidder’s Bond
5. Irrevocable Standby Letter of Credit (Sample)
6. List of References
7. Key Personnel Resume

APPROVED EQUAL FORM

IMPORTANT: USE A SEPARATE FORM FOR EACH SEPARATE SOLICITATION, PROVISION, OR SPECIFICATION ITEM REQUEST! COPY THIS FORM AS NEEDED.

Submitted by                                                                                                                                       (Company Name)

YBGC requires that all prospective bidders completely fill out and attach this form with every separate specification item requestfor an Approved Equal pertaining to this Contract. Failure to completely fill out this form and submit with the request may result in denial of the request. Any further information that may be useful in reviewing such a request should also be attached to this form.

1. a. Approved equal is beingrequested for                                                                                                                                       ,

to be used in   place of                                                                                                 (list technical specification or other reference number, [e.g. page TS-11, title, subsection, item]).

1. page no.                                _
2. Section Number andHeading                                                               

1. Description of approved equal request/substitution:                                                                                                                                      _

                                                                                                                                      _.

1. Product purpose                                                                                                              

                                                  _                                                 _                                                 _                  _.

1. Does this proposed approved equal request/substitution meet all applicable federal, state and local laws and regulations? (If NO, please explain):                                                 

                                                                                                                                      _.

1. List three commercial firms within the United States, which have used the proposed approved equal request/substitution (list California properties first):

1. Company Name                                                                                                                                                                                                                                                           Street Address                                                                                                                                                                                                                                                 City/State/Zip Code                                                                                                                                        Area Code/Telephone No. (                                                             )                                                                       Name of Contact Person                                                                                                                                 

1. Company Name                                                                           _ Street Address

City/State/Zip Code                                                                                                                                        Area Code/Telephone No. (                                                             )                                                          Name of Contact Person                                                                                                                               

1. Company Name                                                                           _ Street Address

City/State/Zip Code                                                                                                                                        Area Code/Telephone No. (                                                             )                                                          Name of Contact Person                                                                                                                               

1. List the benefits and any other reasons why YBGC should approve this request for approved equal/substitution:

.

1. Attach pertinent test data, technical data, and background information on the approved equal/substitution request.

BID FORMS

The Contractor shall furnish as part of this bid all the information requested on the Bid Forms. Failure to provide a price quotation on all items shown on the Bid Form may result in rejection of the bid.

Pursuant to the Notice Inviting Bids, the undersigned Bidder submits a bid on the attached Bid Form and binds itself on award by YBGC under this bid to execute a Contract in accordance with its bid, the Contract Documents attached hereto and entitled “Yerba Buena Gardens Perimeter Project – 3^rd Street”, and to furnish the Bonds required by the Contract Documents. The components of the Contract Documents, namely, Notice Inviting Sealed bids, General Conditions and Instructions for Bidders, Special Provisions, Technical Specifications, Bid Forms and Addenda, if any, are made a part of this bid and all provisions contained therein are hereby accepted and all representations and warranties required thereby are hereby affirmed.

The bid includes applicable California State sales tax or use taxes for San Francisco County and applicable import duties, if any.

In addition, the bid prices below include all costs for labor, materials, tolls, equipment, services, insurance, shipment, delivery, overhead, profit and all other costs necessary to perform the work in accordance with the Contract Specifications.

COMPANY NAME:                                                                                                                           

having examined the Contract Documents referred to hereinabove and all conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment and other services, including all costs and expenses associated herewith, which are necessary for completion of the work for:

YBG PERIMETER PROJECT – 3^rd STREET YERBA BUENA GARDENS, SAN FRANCISCO, CA

The undersigned Bidder acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents:

ADDENDA NOs: (if none, so state):                                         

ACKNOWLEDGEMENT OF TERMS AND CONDITIONS

Signing in the space below certifies that the subject Bidder has read, understood and will comply with all terms and conditions set forth in the General Conditions and Instructions for Bidders, Special Provisions and Technical Specifications of this Contract and that the signator(s) are authorized to execute and bind the Company to all terms and conditions of the Contract Documents

Name of Business Organization

Street Address

City                                                                              State                Zip Code

Type of Organization (Sole Owner, Partnership, Corporation*, etc.)

Are you registered with the California Board of Equalization? YES*                                                                                                                  No       

*If yes, please attach a copy of your registration.

*NOTE: If the Contractor is a corporation, two corporate officers must sign on behalf of the corporation as follows: (1) Chairman of the Board, President or Vice President; and, (2) the

Secretary, Assistant Secretary, Chief Financial Officer, Assistant CFO, Treasurer or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to YBGC is provided demonstrating that such individual is authorized to bind the corporation (e.g. a copy of a certified resolution from the corporation’s board or a copy of the corporation’s by-laws)

If the CONTRACTOR is a limited liability company (LLC), the Agreement must be executed by an officer or member who has full and proper authority to bind the LLC. The member or officer must provide evidence satisfactory to YBGC demonstrating that such individual is authorized to bind the LLC (e.g. a copy of a certified resolution from the LLC’s board or a copy of the LLC’s operating agreement.

BIDDER’S BOND

KNOW ALL PERSONS BY THESE PRESENTS:

That                                                                             ,as BIDDER, and

                                                                                                ,as Surety, are held and firmly bound unto Yerba Buena Gardens Conservancy (“YBGC”), in the sum of Five Thousand Dollars ($5,000), for [TITLE], for the payment of which sum in lawful money of the United States of America to YBGC we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The condition of the above obligation is such that, whereas the BIDDER has submitted said Bid to YBGC;

NOW, THEREFORE, if the BIDDER is awarded a Contract by YBGC and, within the time and in the manner required by the Specifications, enters into a written Contract with YBGC, and furnishes the requisite bond or bonds, then this obligation shall become null and void, otherwise to remain in full force and effect.

In the event suit is brought upon this bond by YBGC and judgment is recovered, the Surety shall pay all costs incurred by YBGC in such suit, including a reasonable attorneys’ fee to be fixed by the Court.

The Surety shall be bound by any valid arbitration award among the parties. California law shall govern the interpretation of this bond.

Dated:                                      , 20  

TO BE CONSIDERED COMPLETE, BOTH THE BIDDER AND AN ADMITTED SURETY INSURER AUTHORIZED BY THE CALIFORNIA INSURANCE COMMISSIONER TO TRANSACT SURETY BUSINESS IN THE STATE OF CALIFORNIA, MUST SIGN THIS BIDDER’S BOND. IN ADDITION, THE SURETY’S SIGNATURE MUST BE NOTARIZED AND A COPY OF THE SURETY’S POWER OF ATTORNEY MUST BE ATTACHED.

Notarized By:                                                     

Bidder’s Name (Print) Bidder’s Signature Surety’s Name (Print) Surety’s Signature Surety’s Address

City State Zip

Notary Stamp

IRREVOCABLE STANDBY LETTER OF CREDIT (Sample)

NOTE: SAMPLE FORMAT ONLY. ORIGINAL LETTER OF CREDIT MUST BE ON THE FINANCIAL INSTITUTION’S LETTERHEAD FROM WHICH IT IS DRAWN.

Date:                       

Yerba Buena Gardens Conservancy 750 Howard Street

San Francisco, CA 94103

Re: Irrevocable Standby Letter of Credit No.                       

Director:

We hereby issue in your favor of Yerba Buena Gardens Conservancy (“YBGC”) this Irrevocable Standby Letter of Credit for the account of                                                                                                       , a                                                                               (insert nature of organization, whether sole proprietorship, partnership, corporation), in the amount of $5,000,

which is available upon your demand when accompanied by a signed statement from an officer of YBGC stating that:

“The amount drafted is due to YBGC because of the failure of

to enter into a written Contract awarded to it by YBGC, or to furnish the requisite bond(s) orinsurance certificates within the time and in the manner required by the Contract Documents and Specifications for the YERBA BUENA GARDENS PERIMETER PROJECT.

We hereby agree with the drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the terms of this Letter of Credit will be duly honored upon presentation when presented on or before

, 20        . Partial drawings are permitted.

Except so far as otherwise expressly stated, this credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) of the International Chamber of Commerce Publication No. 600.

Sincerely,

(Name of financial institution)

By:                                                                                                   Title:                                                                                  (Signature)

LIST OF REFERENCES

1. COMPANY NAME                                                                                                                                           

STREET ADDRESS                                                                                                                                 

CITY, STATE, ZIP                                                                                                                                   

NAME OF PERSON

TO CONTACT                                                       

AREA CODE/PHONE # (                  )                                                       

EMAIL ADDRESS:                                                                

VALUE OF WORK PERFORMED                                                                                                                                         

1. COMPANY NAME                                                                                                                                           

STREET ADDRESS                                                                                                                                 

CITY, STATE, ZIP                                                                                                                                   

NAME OF PERSON

TO CONTACT                                                       

AREA CODE/PHONE # (                  )                                                       

EMAIL ADDRESS:                                                                

VALUE OF WORK PERFORMED                                                                                                                                         

1. COMPANY NAME                                                                                                                                           

STREET ADDRESS                                                                                                                                 

CITY, STATE, ZIP                                                                                                                                   

NAME OF PERSON

TO CONTACT                                                       

AREA CODE/PHONE # (                  )                                                       

EMAIL ADDRESS:                                                                

VALUE OF WORK PERFORMED                                                                                                                                         

1. COMPANY NAME                                                                                                                                           

STREET ADDRESS                                                                                                                                 

CITY, STATE, ZIP                                                                                                                                   

NAME OF PERSON

TO CONTACT                                                       

AREA CODE/PHONE # (                  )                                                       

EMAIL ADDRESS:                                                                

VALUE OF WORK PERFORMED                                                                                                                                         

1. COMPANY NAME                                                                                                                                           

STREET ADDRESS                                                                                                                                 

CITY, STATE, ZIP                                                                                                                                   

NAME OF PERSON

TO CONTACT                                                       

AREA CODE/PHONE # (                  )                                                       

EMAIL ADDRESS:                                                                

VALUE OF WORK PERFORMED                                                                                                                                         

KEY PERSONNEL RESUME

A key personnel resume shall be completed and provided to YBGC for each of the Contractor’s two

Journey level service technicians.

PROPOSED POSITION TITLE                                                                  

EMPLOYEE’S NAME                                                                                 

CURRENT POSITION WITH THE BIDDING FIRM

TIME IN CURRENT POSITION (Years, Months)

RESPONSIBLE FOR THE WORK OF

                                                             PERSONS

DESCRIPTION AND SCOPE OF CURRENT JOB

WORK EXPERIENCE (Past 5 Years in Chronological Order):

Company Name

Date / From – To                 Job Title                        Address                             Immediate Supervisor / Telephone #

KEY PERSONNEL RESUME

A key personnel resume shall be completed and provided to YBGC for each of the Contractor’s two

Journey level service technicians.

PROPOSED POSITION TITLE                                                

EMPLOYEE’S NAME                                                              

CURRENT POSITION WITH THE BIDDING FIRM

TIME IN CURRENT POSITION (Years, Months)

RESPONSIBLE FOR THE WORK OF

                                                 PERSONS

DESCRIPTION AND SCOPE OF CURRENT JOB

WORK EXPERIENCE (Past 5 Years in Chronological Order):

Company Name

Date / From – To           Job Title                Address                             Immediate Supervisor / Telephone #

DECLARATION FORM

Nondiscrimination in Contracts and Benefits

CITY AND COUNTY OF SAN FRANCISCO CONTRACT MONITORING DIVISION

S.F. ADMINISTRATIVE CODE CHAPTERS 12B & 12C DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS

(CMD-12B-101)

The Equal Benefits Ordinance prohibits the City and County of San Francisco from contracting with vendors that discriminate in the provision of benefits between employees with domestic partners and employees with spouses, and between the domestic partners and spouses of such employees.

• Domestic Partners are same-sex and opposite-sex couples registered with any state or local government agency authorized to perform such registrations.
• Domestic partnerships and marriages may only be verified to the same extent and in the same manner. For example, waiting periods to qualify for benefits must be the same for domestic partners and spouses. Domestic partner registry certificates must be recognized as fully equivalent to marriage certificates.

INSTRUCTIONS

STEP 1Obtain a Vendor Number

¨  If you have already been issued a vendor number by the City & County of San Francisco, go to Step 2.

¨  To obtain a vendor number, contact Vendor File Support: vendor.file.support@sfgov.org or (415) 554-6702.

STEP 2Complete this 12B & 12C Declaration: Nondiscrimination in Contracts and Benefits form (CMD-12B-101) STEP 3Obtain the necessary supporting documentation

¨  Most recent legal verification of employee count/firm structure, for example, a W-3 Form, DE 1 Form, DE 9 Form

or an annual San Francisco Payroll Expense Tax Statement. (Please redact confidential employee information.)

¨  A copy of a memorandum that has been distributed to your firm’s employees detailing the firm’s compliant nondiscrimination and domestic partner benefit policies. An example of a memorandum that includes all required confirmations is provided with this form and on the Contract Monitoring Division website.

Note: the memorandum is not a substitute for fully compliant incorporation of domestic partner language in all benefit policies. Please contact the Contract Monitoring Division prior to distribution of the memorandum if you have questions.

STEP 4Submit the 12B & 12C Declaration: Nondiscrimination in Contracts and Benefits form (CMD-12B-101) and all supporting documentation to:

¨  cmd.equalbenefits@sfgov.org or

Contract Monitoring Division, 30 Van Ness Avenue, Suite 200, San Francisco, CA 94102-6020

¨   Section 1. Vendor Information

Name of Firm:                                                                                                                             

Name of Firm Contact Person:                                                                                                  

Phone:                                                                                Ext.:                                                 

E-mail Address:                                                                                                                           

Vendor Number (if known):                                                                                                       

Federal ID or Social Security Number:                                                                                      

Approximate Number of Employees in the U.S. (Do not count yourself):                             

Are any of your employees covered by a collective bargaining agreement or union trust fund?                                                                                                                                                         q Yes q No

Union name(s):                                                                                                                                                              

CMD-12B-101 (4-15)

¨  Section 2. Compliance Questions

Question 1. Nondiscrimination – Protected Classes

1. Does your firm agree it will not discriminate against its employees, applicants for q YES q N0

employment, employees of the City, or members of the public on the basis of the fact or perception of a person’s membership in the following categories?

Please note: a YES answer is required for compliance.

Race, Color, Creed, Religion, National origin, Ancestry, Age, Sex, Sexual orientation, Gender identity (transgender status), Domestic Partner status, Marital status, Disability, AIDS/HIV status, Height, Weight

1. Does your firm agree to insert a similar nondiscrimination provision in any subcontract you q YES q N0

enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question even if you do not intend to enter into any subcontracts, and a YES answer is required for compliance.

Question 2. Nondiscrimination – Equal Benefits for Employees with Spouses and Employees with Domestic Partners, and for the Spouse or Domestic Partner of an Employee

Questions 2A and 2B should be answered YES even if your employees pay some or all of the cost of spousal or domestic partner benefits.

1. Does your firm provide or offer access to any employee benefits? q YES q N0

(If your firm does not have employees, answer NO)

1. If you answered “Yes” to 2.A, are all of the benefits equally available to q YES q N0

employees with domestic partners and employees with spouses? (If your firm does not have employees, answer NO)

If you answered YES to either or both Questions 2A and 2B, please continue to Question 2C.

If you answered NO to both Questions 2A and 2B, please complete Section 3.

1. Please check all benefits that apply to your answers above and list in the “Other” line any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as dependent life insurance.

Firm Name_                                                 

1. Please initial all statements below that apply to your firm. Please note: in addition, a YES answer is required for compliance.

        Domestic partners are defined as same-sex couples and opposite-sex couples registered with                                                                                                                                         q YES                                                                                                                                         q N0

any state or local registry and verify their relationship in the same manner as spouses.

        A memorandum detailing our firm’s domestic partner policies has been distributed to employees.   q YES                                                                                                                                         q N0

        The employee handbook includes domestic partner language wherever spouses are referenced.                                                                                                                                         q YES                                                                                                                                         q N0

        The children of domestic partners are explicitly included in all policies that recognize stepchildren. q YES                                                                                                                                         q N0

        All insurance plans contain language that recognizes spouses and domestic partners equally.                                                                                                                                         q YES                                                                                                                                         q N0

        All retirement, 401(k) and similar plans explicitly provide the same distribution choices for                                                                                                                                         q YES                                                                                                                                         q N0

spousal and domestic partner or nonspousal beneficiaries.

Note: If you can’t offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application Form (CMD-12B-102) with all necessary attachments, and have your application approved by the Contract Monitoring Division. For more information, see the Rules of Procedure or contact the Contract Monitoring Division.

¨  Section 3. Execute this CMD-12B-101 Declaration

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually.

Executed this                  day of                                           in the year                       , at                                         _,                                                  

(City)   (State)

„   Submit this form and supporting documentation to: Contract Monitoring Division, 30 Van Ness Ave., Suite 200, San Francisco, CA 94102-6020, or to CMD.EqualBenefits@sfgov.org or to the City department that sent it to you if the department so requests.

ü  Resource Materials and additional copies of this form may be found at: www.sfgov.org/CMD.

( For assistance, please contact the Contract Monitoring Division at 415-581-2310.

CMD-12B-101 (4-15)

EXAMPLE OF 12B COMPLIANT MEMORANDUM TO EMPLOYEES

[FIRM LETTERHEAD]

To:       All [Firm Name] Employees From: [Firm Representative Name, Title] Re:      Domestic Partner Benefit Policy Date: [Date]

[Firm Name] does not discriminate based on the following protected categories:

Race, Color, Creed, Religion, National origin, Ancestry, Age, Sex, Sexual Orientation, Gender identity (transgender status), Domestic Partner status, Marital status, Disability,

AIDS/HIV status, Height, Weight

[Firm Name] offers the following employee benefits equally to employees with spouses and employees with domestic partners, and to the spouses and domestic partners of such employees [List all benefits provided by firm]:

• Health Insurance – [List each carrier]
• Dental Insurance – [List each carrier]
• Vison Insurance – [List each carrier]
• Retirement – [List each type of plan, for example, Pension, 401(k), 403(b), Simple IRA]
  • Bereavement Leave
  • Family Leave
  • Parental Leave
  • Employee Assistance Program
  • Relocation and/or Travel
    • Firm Discount, Facilities & Events
    • Credit Union
    • Child Care
    • Dependent Life Insurance – [List each carrier]
      • Short Term and/or Long-Term Disability Insurance – [List each carrier]
      • Accidental Death & Dismemberment Insurance – [List each carrier]

Domestic partners are defined as same-sex and opposite-sex couples who are registered with any state or local government domestic partner registry. Any requirements for proof of relationship or waiting periods for domestic partnerships are also applied to marriages.

Domestic partner registry certificates are accepted as fully equivalent to marriage certificates.

(4-15)

CITY & COUNTY OF SAN FRANCISCO CONTRACT MONITORING DIVISION

CHAPTER 12B EQUAL BENEFITS DOCUMENTATION GUIDE

Each benefit policy must include domestic partners and their children where spouses and stepchildren are referenced.

Blanket statements regarding your firm’s general domestic partner policy in a separate part of the employee handbook are insufficient.

(4-15)

MINIMUM COMPENSATION ORDINANCE (MCO) DECLARATION

CITY AND COUNTY OF SAN FRANCISCO                                                                                                                                                            EDWIN M. LEE, MAYOR

GENERAL SERVICES AGENCY

OFFICE OF LABOR STANDARDS ENFORCEMENT

PATRICKMULLIGAN, DIRECTOR

Minimum Compensation Ordinance (MCO) Declaration

What the Ordinance does. The Minimum Compensation Ordinance (MCO) became effective October 8, 2000, and was later amended by the Board of Supervisors, with an effective date for the amendments of October 14, 2007. The MCO requires City contractors and subcontractors to pay Covered Employees a minimum hourly wage and to provide 12 compensated and 10 uncompensated days off per year. The minimum wage rate may change from year to year and Contractor is obligated to keep informed of the then-current requirements.

The MCO applies only if you have at least $25,000 in cumulative annual business with a City department or departments and have more than 5 employees, including employees of any parent, subsidiaries and subcontractors.

The City may require contractors to submit reports on the number of employees affected by the MCO.

Effect on City contracting. For contracts and amendments signed on or after October 8, 2000 the MCO will have the following effect:

• In each contract, the contractor will agree to abide by the MCO and to provide its employees the minimum benefits the MCO requires, and to require its subcontractors subject to MCO to do the same.

• If a contractor does not agree to provide the MCO’s minimum benefits, the City will award a contract to that contractor only if the contractor has received an approved exemption or waiver under MCO from the Office of Labor Standards Enforcement (OLSE) through the contracting Department. The contract will not contain the agreement to abide by the MCO if there is an exemption or waiver on file.

What this form does. If you can assure the City now that, beginning with the first City contract or amendment you receive after October 8, 2000 and until further notice, you will provide the minimum benefit levels specified in the MCO to your covered employees, and will ensure that your subcontractors also subject to the MCO do the same, this will help the City’s contracting process.

If you cannot make this assurance now, please do not return this form.

For more information, (1) see our Website, including the complete text of the ordinance: www.sfgov.org/olse, (2) e-mail us at: MCO@sfgov.org, (3) Phone us at (415) 554-7903.

Where to Send this Form. Mail: Vendor File Support, City Hall, Room 484, San Francisco CA 94102. Fax: (415) 554-6261 Email: vendor.file.support@sfgov.org

Declaration

In order to be a certified vendor with the City and County of San Francisco, this company will provide, if applicable, the minimum benefit levels specified in the MCO to our Covered Employees, and will ensure that our subcontractors also subject to the MCO do the same, until further notice. This company will give such notice as soon as possible.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

HEALTH CARE ACCOUNTABILITY ORDINANCE (HCAO) DECLARATION

CITY AND COUNTY OF SAN FRANCISCO GENERAL SERVICES AGENCY

OFFICE OF LABOR STANDARDS ENFORCEMENT

PATRICK MULLIGAN, DIRECTOR

Health Care Accountability Ordinance (HCAO) Declaration

What the Ordinance Requires. The Health Care Accountability Ordinance (HCAO), which became effective July 1, 2001, requires Contractors that provide services to the City or enter into certain leases with the City, and certain Subcontractors, Subtenants and parties providing services to Tenants and Subtenants on City property, to provide health plan benefits to Covered Employees, or make payments to the City for use by the Department of Public Health (DPH), or, under limited circumstances, make payments directly to Employees.

The HCAO applies only to Contractors with at least $25,000 ($50,000 for non-profit organizations) in cumulative annual business with a City department(s) and have more than 20 Employees (50 Employees for non-profit organizations) including Employees of any parent or subsidiaries.

The City may require Contractors to submit reports on the number of Employees affected by the HCAO.

Effect on City Contracting. For contracts and amendments signed on or after July 1, 2001, the HCAO requires the following:

• Each contract must include terms ensuring that the Contractor will agree to abide by the HCAO and either to provide its employees with health plan benefits meeting the Minimum Standards set forth by the Director of Health or to make the payments required by the HCAO;
• All City Contractors must agree to comply with the requirements of the HCAO unless the Contracting Department has obtained an approved exemption or waiver under the HCAO from the Office of Labor Standards (OLSE).
  • Contractors must require any Subcontractors subject to the HCAO to comply with the HCAO:

The Purpose of This Declaration. By submitting this declaration, you are providing assurances to the City that, beginning with the first City contract or amendment you receive after July 1, 2001 and until further notice, you will either provide the health plan benefits meeting the Minimum Standards to your covered employees or make the payments required by the HCAO, and will ensure that your Subcontractors also abide by these requirements. If you cannot provide this assurance, do not return this form.

To obtain more information regarding the HCAO, Visit our website, which includes links to the complete text of the HCAO, at www.sfgov.org/olse/hcao; send an e-mail to HCAO@sfgov.org; or call (415) 554-7903.

Where to Send this Form. Submit this form via San Francisco’s centralized vendor portal sfcitypartnersupport@sfgov.org

or call the Supplier Support Desk at 415-944-2442, Ext 1

Declaration

In order to be a certified vendor with the City and County of San Francisco, the company named below will either provide, if applicable, health benefits specified in the HCAO to our covered employees or make the payments required by the HCAO, and will ensure that our subcontractors that are subject to the HCAO also comply with these requirements, until further notice. The company named below will provide such notice as soon as possible.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

DISCLOSURE QUESTIONS

Instructions: Please respond completely to each question listed below using the space provided. Use a separate sheet of paper, if necessary. Please state “No” or “None” or when appropriate. Do not leave a question blank or state “N/A.”

If the applicant¹ is an individual, then the information relative to that individual should be disclosed. If the applicant is a group or joint venture, then information relative to each member of the group or entities that comprise the joint venture should be disclosed. If the applicant is a corporation, then the information relative to the corporation should be disclosed.

1. Has applicant ever defaulted on a loan or other financial obligation? This includes all affiliate corporations and partnerships in which applicant is a general partner. If so, please describe the circumstances including dates and current status.

Answer:                                                                                                                         

1. Are there any prior or pending legal proceedings, actions, convictions or judgments that have been filed against applicant or its wholly owned subsidiaries, or any prior or pending arbitrations or mediations. If so, provide dates the complaints were filed and the present status of the litigation or the status of the arbitrations or mediations.

Answer:                                                                                                                         

1. Are there any prior or pending administrative complaint/hearing against, or any debarment or suspension of, or other administrative determination by any federal, state or local government entity relating to applicant, against any of  affiliated corporations, partnerships in which applicant is a general partner, or other business entity. If so, please describe the circumstances including dates, agency or body conducting the investigation or inquiry and the current status.

Answer:                                                                                                                         

1. Has applicant or its wholly owned subsidiaries ever filed for bankruptcy. Please include dates and jurisdiction of filing, the reason, and current status.

Answer:                                                                                                                         

1. Describe any business, property, gifts, loans, investments or other financial relationships applicant, its individual principals, corporation, LLC, LLP or any of applicant’s affiliated

1  For the purposes of this RFQ, the term “applicant” shall mean and refer to the respondent to this RFQ regardless of legal form. Thus applicant applies to individuals, sole proprietorships, joint ventures, unincorporated associations, partnerships, LLCs, LLPs, corporations (whether for profit, nonprofit, California or out of state) and any other entity legally entitled to do business in the State of California.

corporations or partnerships in which applicant is a general partner, or other business entity, with any YBGC director, officer, or employee or his/her immediate family which are financial interest as defined by Section 87103 of the Fair Political Practices Act.²

Answer:                                                                                                                         

Applicant(s) hereby certify under penalty of perjury under the laws of the State of California that all information provided in the Disclosure Questionnaire is true and correct.

Date:                                        Signed:                                        

2  In summary Government Code Section 87100 requires any public officials participating in making decisions to refrain from using their official position to influence a governmental decision in which they know or has reason to know they have a financial interest. Section 87103 defines a financial interest as one that has a material, financial effect on the official or a member of their immediate family as follows: business interest over $2,000; real property interest over $2,000; other source of income within 12 months before the decision over $500; gift or intermediary for donor of gift within 12 months – $250; business entity in which the official is a director, officer, partner, trustee, employee or holds a position of management. See Government Code Section 87103 for the complete definition.

STATEMENTOFCOMPLIANCEWITH YBGC REQUIREMENTS AND POLICIES & CERTIFICATION OF APPLICANT

Applicant(s)                                                                              agrees to comply with all of YBGC’s r equirements and policies, including but not limited to insurance and indemnification requirements found in this RFP.

Applicant(s) hereby certifies that is in good standing with federal, state, and local regulatory bodies, and is authorized to conduct business and provide the goods and/or services requested in this RFP.

The undersign hereby certifies under penalty of perjury under the laws of the State of California that the foregoing statements and all information provided in Applicant’s proposal in response to this RFP are true and correct.

Date:                                        Signed:                                        

Print Name:                                                                          

Title:                                                                         

IFB REGISTRATION FORM

NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the                                             of                                          , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on                                                                                    [date], at

                                                                  [city],                                                                  [state].

                                                             (Print Name)

                                                             (Signature

                                                             (Title)

                                                              (Company Name)

DISCLOSURE OFLOBBYING ACTIVITIES                                                                                                   ^{Approvedby OMB}

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352                                                                                     0348-0046

(See reverse for public burden disclosure.)

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

1. Identify the status of the covered Federal action.

1. Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal action.

1. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

1. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

1. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

1. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

1. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001.”

1. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

1. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

1. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

YERBA BUENA GARDENS PERIMETER PROJECT

– 3^rd Street

SPECIFICATIONS

95% CONSTRUCTION DOCUMENTS – BID SET

2/26/2021

Site:

747 Howard Street, San Francisco, CA, 94103

Yerba Buena Gardens 750 Howard Street

San Francisco, CA 94103

2/26/2021

95% Construction Document – Bid Set

TOC – 1                                                          Table of Contents

TABLE OF CONTENTS

2/26/2021

95% Construction Document – Bid Set

TOC – 2                                                          Table of Contents

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95% Construction Document – Bid Set

TOC – 3                                                          Table of Contents

SECTION 01 10 00 SUMMARY

1.1                 RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2                 SUMMARY

1. Section Includes:

1. Project information.
2. Work covered by Contract Documents.
3. Work performed by Owner.
4. Contractor’s use of site and premises.
5. Coordination with occupants.
6. Work restrictions.
7. Specification and Drawing conventions.

1. Related Requirements:

1. Section 015000 “Temporary Facilities and Controls” for limitations and procedures governing temporary use of Owner’s facilities.
2. Section 017300 “Execution” for coordination of Owner-installed products.

1.3                 DEFINITIONS

1. Work Package: A group of specifications, drawings, and schedules prepared by the design team to describe a portion of the Project Work for pricing, permitting, and construction.

1.4                 PROJECT INFORMATION

1. Project Identification: Yerba Buena Gardens Perimeter – 3rd Street

1. Project Location: 747 Howard St, San Francisco, CA 94103.

1. Owner: Yerba Buena Gardens Conservancy. 750 Howard St, San Francisco, CA 94103.

1. Owner’s Representative: Tony Pellegrini, Yerba Buena Gardens Conservancy, email: tpelleg@ybgardens.com, phone: 415.741.7252.

1. Landscape Architect: Jamie Phillips, Conger Moss Guillard Landscape Architecture, 444 Bryant St. San Francisco, CA 94107 website: www.cmgsite.com, phone: 415.495.3070

1. Landscape Architect’s Representative:
   1. Nicolaus Wright, CMG Landscape Architecture, 444 Bryant St. San Francisco, CA 94107 email: nwright@cmgsite.com,  phone: 503.754.7078.
   2. Jamie Yousten, CMG Landscape Architecture, 444 Bryant St. San Francisco, CA 94107 email: jyousten@cmgsite.com, phone: 802.370.7064.

1. Landscape Architect’s Consultants: Architect has retained the following design professionals, who have prepared designated portions of the Contract Documents:

1. Irrigation Designer: Chris Mitchell, Russell D Mitchell & Associated (RMA Irrigation Design), 2760 Camino Diablo, Walnut Creek, CA 94597; cmitchell@rmairrigation.com. 925.939.3985.

1. Architect: Joyce Chow, Joseph Chow & Associates, Inc., 650 Delancey St, Suite 211, San Francisco, CA  94107, jchow@jcaarchitects.com, phone: 415.531.4914

1. Architect’s Consultants: Architect has retained the following design professionals, who have prepared designated portions of the Contract Documents:

1. Electrical Engineer: Brandon Yee, YEI Engineers, Inc. 7677 Oakport Street, Suite 200, Oakland, CA 94621 Direct: 510-957-1611 Office: (510) 383-1050

<byee@yeiengineers.com>

1. Mechanical Engineer: Hubert Hidalgo, P.E., Principal, Mechanical Engineer, YEI Engineers, Inc. 7677 Oakport Street, Suite 200, Oakland, CA 94621 Direct: 510-957- 1612 | Mobile: (510) 710-5045 | Office: (510) 383-1050

1. Structural Engineer: Eugene Tuan, S.E., Tuan and Robinson, Structural Engineers, Inc. 444 Spear Street, Suite 101, San Francisco, CA 94105 tel: (415) 957-2480 x103 fax:

(415) 957-2483 email: etuan@trseinc.com

1.5                 WORK COVERED BY CONTRACT DOCUMENTS

1. The Work of Project is defined by the Contract Documents and includes, but is not limited to, the following:

1. Approximately 8,500 SF of planting area in discontinuous on-structure planters located along the perimeter of the south block of Yerba Buena Gardens facing 3rd Street and other Work indicated in the Contract Documents.

1. Type of Contract:

1. Project will be constructed under a single prime contract.

1.6                 WORK PERFORMED BY OWNER

1. Cooperate fully with Owner, so work may be carried out smoothly, without interfering with or delaying Work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner.

1.7                 CONTRACTOR’S USE OF SITE AND PREMISES

1. Restricted Use of Site: 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.

1. Limits on Use of Site: Limit use of Project site to Work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

1. Limits on Use of Site: Confine construction operations to within planter areas as shown on drawings.
2. Driveways, Walkways and Entrances: Keep driveways, walkways, staircases, egress routes and entrances serving premises clear and available to Owner, Owner’s employees, and emergency vehicles at all times. Do not use these areas for parking or for storage of materials.

1. Schedule deliveries to minimize use of driveways and entrances by construction operations.
2. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

1. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period. Repair damage caused by construction operations.

1. Condition of Existing Grounds: Maintain portions of existing grounds, landscaping, and hardscaping affected by construction operations throughout construction period. Repair damage caused by construction operations.

1.8                 COORDINATION WITH OCCUPANTS

1. Full Owner Occupancy: Owner will occupy Project site and existing adjacent buildings during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner’s day- to-day operations. Maintain existing exits unless otherwise indicated.

1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction.
2. Notify Owner not less than 72 hours in advance of activities that will affect Owner’s operations.

1.9                 WORK RESTRICTIONS

1. Comply with restrictions on construction operations.

1. Comply with limitations on use of public streets, work on public streets, rights of way, and other requirements of authorities having jurisdiction.

1. On-Site Work Hours: Limit work to between standard work hours Monday through Friday, unless otherwise indicated. Work hours may be modified to meet Project requirements if approved by Owner and authorities having jurisdiction.

1. Weekend Hours: subject to approval by Owner and authorities having jurisdiction.
2. Early Morning Hours: subject to approval by Owner and authorities having jurisdiction.
   1. Work in Existing Building: subject to approval by Owner and authorities having jurisdiction.
   2. Hours for Utility Shutdowns: subject to approval by Owner and authorities having jurisdiction.

1. On-Site Work Day Restrictions: Do not perform work resulting in utility shutdowns or resulting in noisy activity on-site during work black-out days as indicated by Owner and authorities having jurisdiction.

1. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging for temporary utility services according to requirements indicated:

1. Notify Owner not less than two days in advance of proposed utility interruptions.
2. Obtain Owner’s written permission before proceeding with utility interruptions.

1. Noise, Vibration, Dust, and Odors: Coordinate operations that may result in high levels of noise and vibration, dust, odors, or other disruption to Owner 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.

1. Smoking and Controlled Substance Restrictions: Use of tobacco products and other controlled substances on Project site is not permitted.

1.10              SPECIFICATION AND DRAWING CONVENTIONS

1. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. 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.
   1. Text Color: Text used in the Specifications, including units of measure, manufacturer and product names, and other text may appear in multiple colors or underlined as part of a hyperlink; no emphasis is implied by text with these characteristics.
   2. Hypertext: Text used in the Specifications may contain hyperlinks. Hyperlinks may allow for access to linked information that is not residing in the Specifications. Unless otherwise indicated, linked information is not part of the Contract Documents.
   3. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

1. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.

1. 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:

1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections.
2. Abbreviations: Materials and products are identified by abbreviations scheduled on Drawings.

PART 2 – PRODUCTS (Not Used)

PART 3 – EXECUTION (Not Used)

END OF SECTION 011000

SUMMARY                                                                011000 – 5                                                                                    02/26/2021

95% Construction Document – Bid Set

SECTION 012200 UNIT PRICES

PART 1 – GENERAL

1.1                RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2                SUMMARY

1. Section includes administrative and procedural requirements for unit prices.

1. Related Requirements:
   1. Section 012600 “Contract Modification Procedures” for procedures for submitting and handling Change Orders.

1.3                DEFINITIONS

1. Unit price is an amount incorporated into the Agreement, applicable during the duration of the Work as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or estimated quantities of Work required by the Contract Documents are increased or decreased.

1.4                PROCEDURES

1. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit.

1. Measurement and Payment: See individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections.

1. Owner reserves the right to reject Contractor’s measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner’s expense, by an independent surveyor acceptable to Contractor.

1. List of Unit Prices: A schedule of unit prices is included in Part 3. Specification Sections referenced in the Part 3 “Schedule of Unit Prices” Article contain requirements for materials described under each unit price.

PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION

3.1                SCHEDULE OF UNIT PRICES

1. Unit Price No. 1: Removal of unsatisfactory soil and replacement with satisfactory soil material.

1. Description: Unsatisfactory soil excavation and disposal off-site and replacement with satisfactory fill material or engineered fill from off-site, as required, in accordance with Section 312000 “Earth Moving.”
2. Unit of Measurement: cubic yard of soil excavated, based on in-place surveys of volume before and after removal.

1. Unit Price No. 2 – Soil amendments:

1. Description: Soil amendment of existing soils in accordance with Section 32 91 15 Landscape Soils On Structure.”
2. Unit of Measurement: cubic yard of soil amendment based on volume measurement.
3. Quantity    Allowance:    Coordinate    unit price          with               allowance adjustment requirements.

END OF SECTION 012200

2/26/2021

95% Construction Document – Bid Set

012200 – 2                                                        Unit Prices

SECTION 012500 – SUBSTITUTION PROCEDURES

PART 1 – GENERAL

1.1                RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2                SUMMARY

1. Section includes administrative and procedural requirements for substitutions.

1. Related Requirements:
   1. As provided by Owner and authorities having jurisdiction.

1.3                DEFINITIONS

1. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms.
2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required to meet other Project requirements but may offer advantage to Contractor or Owner.

1.4                ACTION SUBMITTALS

1. Substitution Requests: Submit documentation identifying product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.

1. Substitution Request Form: Use form acceptable to Architect.
2. Documentation: Show compliance with requirements for substitutions and the following, as applicable:

1. Statement indicating why specified product or fabrication or installation method cannot be provided, if applicable.
2. Coordination of information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate contractors that will be necessary to accommodate proposed substitution.

1. Detailed comparison of significant qualities of proposed substitutions with those of the Work specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes, such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.
2. Product Data, including drawings and descriptions of products and fabrication and installation procedures.
3. Samples, where applicable or requested.
4. Certificates and qualification data, where applicable or requested.
5. List of similar installations for completed projects, with project names and addresses as well as names and addresses of architects and owners.
6. Material test reports from a qualified testing agency, indicating and interpreting test results for compliance with requirements indicated.
7. Detailed comparison of Contractor’s construction schedule using proposed substitutions with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer’s letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery.
8. Cost information, including a proposal of change, if any, in the Contract Sum.
9. Contractor’s certification that proposed substitution complies with requirements in the Contract Documents, except as indicated in substitution request, is compatible with related materials and is appropriate for applications indicated.
10. Contractor’s waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.

1. Landscape Architect’s Action: If necessary, Architect will request additional information or documentation for evaluation within five days of receipt of a request for substitution. Architect will notify Contractor through Construction Manager of acceptance or rejection of proposed substitution within ten days of receipt of request, or five days of receipt of additional information or documentation, whichever is later.

1. Forms of Acceptance: Change Order, Construction Change Directive, or Landscape Architect’s Supplemental Instructions for minor changes in the Work.
2. Use product specified if Landscape Architect does not issue a decision on use of a proposed substitution within time allocated.

1.5                QUALITY ASSURANCE

1. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers.

1.6                PROCEDURES

1. Coordination: Revise or adjust affected work as necessary to integrate work of the approved substitutions.

1.7                SUBSTITUTIONS

1. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 10 days prior to time required for preparation and review of related submittals.

1. Conditions: Architect will consider Contractor’s request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements:

1. Requested substitution is consistent with the Contract Documents and will produce indicated results.
2. Substitution request is fully documented and properly submitted.
3. Requested substitution will not adversely affect Contractor’s construction schedule.
4. Requested substitution has received necessary approvals of authorities having jurisdiction.
5. Requested substitution is compatible with other portions of the Work.
6. Requested substitution has been coordinated with other portions of the Work.
7. Requested substitution provides specified warranty.
8. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

1. Substitutions for Convenience: Architect will consider requests for substitution if received within 60 days after the Notice to Proceed. Requests received after that time may be considered or rejected at discretion of Architect.

1. Conditions: Architect will consider Contractor’s request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements:

1. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner’s additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations.
2. Requested substitution does not require extensive revisions to the Contract Documents.

1. Requested substitution is consistent with the Contract Documents and will produce indicated results.
2. Substitution request is fully documented and properly submitted.
3. Requested substitution will not adversely affect Contractor’s construction schedule.
4. Requested substitution has received necessary approvals of authorities having jurisdiction.
5. Requested substitution is compatible with other portions of the Work.
6. Requested substitution has been coordinated with other portions of the Work.
7. Requested substitution provides specified warranty.
8. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION (Not Used) END OF SECTION 012500

SUBSTITUTION PROCEDURES                                          01 25 00 – 4                                                                                                 2/26/2021

95% Construction Document – Bid Set

SECTION 012600

CONTRACT MODIFICATION PROCEDURES

PART 1 – GENERAL

1.1                RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2                SUMMARY

1. Section includes administrative and procedural requirements for handling and processing Contract modifications.

1. Related Requirements:

1. Section 012500 “Substitution Procedures” for administrative procedures for handling requests for substitutions made after the Contract award.

1.3                MINOR CHANGES IN THE WORK

1. Architect will issue through Construction Manager supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, via email correspondence.

1.4                PROPOSAL REQUESTS

1. Owner-Initiated Proposal Requests: Construction Manager will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications.

1. Work Change Proposal Requests issued by Landscape Architect or Construction Manager are not instructions either to stop work in progress or to execute the proposed change.
2. Within 10 days after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change.

1. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

1. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.
2. Include costs of labor and supervision directly attributable to the change.
3. Include an updated Contractor’s construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.
4. Quotation Form: Use forms provided by Owner. and acceptable to Architect.

1. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Construction Manager.

1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time.
2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.
3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.
4. Include costs of labor and supervision directly attributable to the change.
5. Include an updated Contractor’s construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.
   1. Comply with requirements in Section 012500 “Substitution Procedures” if the proposed change requires substitution of one product or system for product or system specified.
   2. Proposal Request Form: Use form provided by Owner.

1.5                ADMINISTRATIVE CHANGE ORDERS

1. Allowance Adjustment: See Section 012100 “Allowances” for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances.

1. Unit-Price Adjustment: See Section 012200 “Unit Prices” for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit-price work.

1.6                CHANGE ORDER PROCEDURES

1. On Owner’s approval of a Work Change Proposal Request, Construction Manager will issue a Change Order for signatures of Owner and Contractor on form included in Project Manual.

1.7                CONSTRUCTION CHANGE DIRECTIVE

1. Construction Change Directive: Construction Manager may issue a Construction Change Directive on form included in Project Manual. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order.

1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time.

1. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive.

1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract.

PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION (Not Used) END OF SECTION 012600

CONTRACT MODIFICATION PROCEDURES                           012600 – 3                                                                                                        02/26/2021

95% Construction Documents – Bid Set

SECTION 013100 – PROJECT MANAGEMENT AND COORDINATION PART 1 – GENERAL

1.1                RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2                SUMMARY

1. Section includes administrative provisions for coordinating construction operations on Project, including, but not limited to, the following:

1. General coordination procedures.
2. RFIs.
3. Web-based Project management software package.
4. Project meetings.

1. Related Requirements:
   1. As provided by Owner and authorities having jurisdiction.

1.3                DEFINITIONS

1. RFI: Request for Information. Request from Owner, Construction Manager, Architect, or Contractor seeking information required by or clarifications of the Contract Documents.

1.4                INFORMATIONAL SUBMITTALS

1. 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, telephone number, and email address 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. Key Personnel Names: Within 15 days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses, cellular telephone numbers, and e-mail addresses. Provide names, addresses, and telephone numbers of individuals assigned as alternates in the absence of individuals assigned to Project.

1. Post copies of list in Project meeting room, in temporary field office, and in prominent location in built facility. Keep list current at all times.

1.5                GENERAL COORDINATION PROCEDURES

1. 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.
   1. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair.
   2. Make adequate provisions to accommodate items scheduled for later installation.

1.6                REQUEST FOR INFORMATION (RFI)

1. General: Immediately on discovery of the need for additional information, clarification, or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified.

1. Architect will return without response those RFIs submitted to Architect by other entities controlled by Contractor.
2. Coordinate and submit RFIs in a prompt manner to avoid delays in Contractor’s work or work of subcontractors.

1. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following:

1. Project name.
2. Owner name.
3. Owner’s Project number.
4. Name of Architect and Construction Manager.
   1. Architect’s Project number.
   2. Date.
   3. Name of Contractor.
   4. RFI number, numbered sequentially.
   5. RFI subject.
   6. Specification Section number and title and related paragraphs, as appropriate.
   7. Drawing number and detail references, as appropriate.
   8. Field dimensions and conditions, as appropriate.
      1. Contractor’s suggested resolution. If Contractor’s suggested resolution impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI.
      2. Contractor’s signature.
      3. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation.

1. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.

1. RFI Forms: acceptable to Architect.

1. Attachments shall be electronic files in PDF format.

1. Architect’s and Construction Manager’s Action: Architect and Construction Manager will review each RFI, determine action required, and respond. Allow seven (7) days for Architect’s response for each RFI. RFIs received by Architect or Construction Manager after 1:00 p.m. will be considered as received the following working day.

1. The following Contractor-generated RFIs will be returned without action:

1. Requests for approval of submittals.
2. Requests for approval of substitutions.
3. Requests for approval of Contractor’s means and methods.
4. Requests for coordination information already indicated in the Contract Documents.
5. Requests for adjustments in the Contract Time or the Contract Sum.
6. Requests for interpretation of Architect’s actions on submittals.
7. Incomplete RFIs or inaccurately prepared RFIs.

1. Architect’s action may include a request for additional information, in which case Architect’s time for response will date from time of receipt by Architect or Construction Manager of additional information.
   1. Architect’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 Section 012600 “Contract Modification Procedures.”

1. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect and Construction Manager in writing within 5 days of receipt of the RFI response.

1. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log biweekly:

1. Project name.
2. Name and address of Contractor.
3. Name and address of Architect and Construction Manager.
4. RFI number, including RFIs that were returned without action or withdrawn.
5. RFI description.
6. Date the RFI was submitted.
7. Date Architect’s and Construction Manager’s response was received.
   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. On receipt of Architect’s and Construction Manager’s action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and

notify Architect and Construction Manager within seven days if Contractor disagrees with response.

1.7                DIGITAL PROJECT MANAGEMENT PROCEDURES

1. Landscape Architect’s Data Files Not Available: Landscape Architect will not provide Landscape Architect’s CAD drawing digital data files for Contractor’s use during construction.

1. PDF Document Preparation: Where PDFs are required to be submitted to Architect, prepare as follows:

1. Assemble complete submittal package into a single indexed file, incorporating submittal requirements of a single Specification Section and transmittal form with links enabling navigation to each item.
2. Name file with submittal number or other unique identifier, including revision identifier.
3. Certifications: Where digitally submitted certificates and certifications are required, provide a digital signature with digital certificate on where indicated.

1.8                PROJECT MEETINGS

1. 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 Architect of scheduled meeting dates and times a minimum of 5 working days prior to meeting.
2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees.
3. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner, Construction Manager, and Landscape Architect, within 3 days of the meeting.

1. Preconstruction Conference: Schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Landscape Architect, but no later than 15 days after execution of the Agreement.

1. Attendees: Authorized representatives of Owner, Construction Manager, Landscape Architect, 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:

1. Responsibilities and personnel assignments.

1. Tentative construction schedule.
2. Phasing.
3. Critical work sequencing and long lead items.
4. Designation of key personnel and their duties.
5. Lines of communications.
6. Use of web-based Project software.
7. Procedures for processing field decisions and Change Orders.
8. Procedures for RFIs.
9. Procedures for testing and inspecting.
10. Procedures for processing Applications for Payment.
11. Distribution of the Contract Documents.
12. Submittal procedures.
13. Preparation of Record Documents.
14. Use of the premises and existing building.
15. Work restrictions.
16. Working hours.
17. Owner’s occupancy requirements.
18. Responsibility for temporary facilities and controls.
19. Procedures for moisture and mold control.
20. Procedures for disruptions and shutdowns.
21. Construction waste management and recycling.
22. Parking availability.
23. Office, work, and storage areas.
24. Equipment deliveries and priorities.
25. First aid. aa. Security.

bb.     Progress cleaning.

1. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes.

1. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction activity when required by other Sections and when required for 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 Landscape Architect, Construction Manager 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:

1. Contract Documents.
2. Options.
3. Related RFIs.
4. Related Change Orders.
5. Purchases.
6. Deliveries.
7. Submittals.
8. Review of mockups.

1. Possible conflicts.
2. Compatibility requirements.
3. Time schedules.
4. Weather limitations.
5. Manufacturer’s written instructions.
6. Warranty requirements.
7. Compatibility of materials.
8. Acceptability of substrates.
   1. Temporary facilities and controls.
   2. Space and access limitations.
   3. Regulations of authorities having jurisdiction.
   4. Testing and inspecting requirements.
   5. Installation procedures.
   6. Coordination with other work.
   7. Required performance results.
   8. Protection of adjacent work.
   9. Protection of construction and personnel.

1. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions.
   1. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information.
   2. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date.

1. Project Closeout Conference: Schedule and conduct a project closeout conference, at a time convenient to Owner and Architect, but no later than 90 days prior to the scheduled date of Substantial Completion.

1. Conduct the conference to review requirements and responsibilities related to Project closeout.
2. Attendees: Authorized representatives of Owner, Construction Manager, Landscape Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the meeting. Participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.
3. Agenda: Discuss items of significance that could affect or delay Project closeout, including the following:

1. Preparation of Record Documents.
2. Procedures required prior to inspection for Substantial Completion and for final inspection for acceptance.
3. Procedures for completing and archiving web-based Project software site data files.
4. Submittal of written warranties.
5. Requirements for completing sustainable design documentation.
6. Requirements for preparing operations and maintenance data.
7. Requirements for delivery of material samples, attic stock, and spare parts.
8. Requirements for demonstration and training.
9. Preparation of Contractor’s punch list.

1. Procedures for processing Applications for Payment at Substantial Completion and for final payment.
2. Submittal procedures.
3. Coordination of separate contracts.
4. Owner’s partial occupancy requirements.
5. Installation of Owner’s furniture, fixtures, and equipment.
6. Responsibility for removing temporary facilities and controls.

1. Minutes: Entity conducting meeting will record and distribute meeting minutes.

1. Progress Meetings: Conduct progress meetings atbiweeklyintervals.
   1. Attendees: In addition to representatives of Owner, Construction Manager, and Architect, 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. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.
   2. 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.

1. Contractor’s Construction Schedule: Review progress since the last meeting. 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.

1. 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 use.

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.

1. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information.

1. 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 013100

PROJECT MANAGEMENT AND COORDINATION            013100 – 8                                                                                                 2/26/2021

SECTION 013300 SUBMITTAL PROCEDURES

PART 1 – GENERAL

1.1                RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2                SUMMARY

1. Section Includes:

1. Submittal schedule requirements.
   1. Administrative and procedural requirements for submittals.

1. Related Requirements:
   1. Section 013100 “Project Management and Coordination” for submitting coordination drawings and subcontract list and for requirements for web-based Project software.
   2. Requirements provided by Owner and authorities having jurisdiction for submitting test and inspection reports, and schedule of tests and inspections.
   3. Requirements provided by Owner and authorities having jurisdiction for submitting closeout submittals and maintenance material submittals.
   4. Requirements provided by Owner and authorities having jurisdiction for submitting operation and maintenance manuals.

1.3                DEFINITIONS

1. Action Submittals: Written and graphic information and physical samples that require Landscape Architect’s and Construction Manager’s responsive action. Action submittals are those submittals indicated in individual Specification Sections as “action submittals.”

1. Informational Submittals: Written and graphic information and physical samples that do not require Architect’s and Construction Manager’s responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as “informational submittals.”

1.4                SUBMITTAL SCHEDULE

1. Submittal Schedule: Submit, as an action submittal, a list of submittals, arranged in chronological order by dates required by construction schedule. Include time required

for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Architect and Construction Manager and additional time for handling and reviewing submittals required by those corrections.

1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor’s construction schedule.
   1. Initial Submittal Schedule: Submit concurrently with startup construction schedule. Include submittals required during the first 60 days of construction. List those submittals required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication.
   2. Final Submittal Schedule: Submit concurrently with the first complete submittal of Contractor’s construction schedule.

1. Submit revised submittal schedule as required to reflect changes in current status and timing for submittals.

1. Format: Arrange the following information in a tabular format:

1. Scheduled date for first submittal.
2. Specification Section number and title.
3. Submittal Category: Action; informational.
4. Name of subcontractor.
5. Description of the Work covered.
6. Scheduled date for Landscape Architect’s and Construction Manager’s final release or approval.

1.5                SUBMITTAL FORMATS

1. Submittal Information: Include the following information in each submittal:

1. Project name.
2. Date.
3. Name of Landscape Architect.
4. Name of Construction Manager.
5. Name of Contractor.
6. Name of firm or entity that prepared submittal.
7. Names of subcontractor, manufacturer, and supplier.
8. Unique submittal number, including revision identifier. Include Specification Section number with sequential alphanumeric identifier and alphanumeric suffix for resubmittals.
9. Category and type of submittal.
10. Submittal purpose and description.
11. Number and title of Specification Section, with paragraph number and generic name for each of multiple items.
12. Drawing number and detail references, as appropriate.
13. Indication of full or partial submittal.
14. Location(s) where product is to be installed, as appropriate.
15. Other necessary identification.
16. Remarks.

1. Signature of transmitter.

1. Options: Identify options requiring selection by Landscape Architect.

1. Deviations and Additional Information: On each submittal, clearly indicate deviations from requirements in the Contract Documents, including minor variations and limitations; include relevant additional information and revisions, other than those requested by Architect and Construction Manager on previous submittals. Indicate by highlighting on each submittal or noting on attached separate sheet.

1. Paper Submittals:

1. Place a permanent label or title block on each submittal item for identification; include name of firm or entity that prepared submittal.
   1. Provide a space approximately 4 by 3 inches on label or beside title block to record Contractor’s review and approval markings and action taken by Landscape Architect and Construction Manager.
   2. Transmittal for Submittals: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using transmittal form.

1. Electronic Submittals: Prepare submittals as PDF package, incorporating complete information into each PDF file. Name PDF file with submittal number.

1.6                SUBMITTAL PROCEDURES

1. Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections.

1. Email: Prepare submittals as PDF package and transmit to Landscape Architect by sending via email. Include PDF transmittal form. Include information in email subject line as requested by Landscape Architect.

1. Landscape Architect through Construction Manager, will return annotated file. Annotate and retain one copy of file as a digital Project Record Document file.

1. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.
2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule.
3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals.
4. Coordinate transmittal of submittals for related parts of the Work specified in different Sections, so processing will not be delayed because of need to review submittals concurrently for coordination.

1. Architect and Construction Manager reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.

1. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect’ and Construction Manager’s receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals.

1. Initial Review: Allow 10 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect and Construction Manager will advise Contractor when a submittal being processed must be delayed for coordination.
2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal.
3. Resubmittal Review: Allow 5 days for review of each resubmittal.

1. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.

1. Note date and content of previous submittal.
   1. Note date and content of revision in label or title block, and clearly indicate extent of revision.
   2. Resubmit submittals until they are marked with approval notation from Architect’s and Construction Manager’s action stamp.

1. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms.

1. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Architect’s and Construction Manager’s action stamp.

1.7                SUBMITTAL REQUIREMENTS

1. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment.

1. If information must be specially prepared for submittal because standard published data are unsuitable for use, submit as Shop Drawings, not as Product Data.
2. Mark each copy of each submittal to show which products and options are applicable.
3. Include the following information, as applicable:

1. Manufacturer’s catalog cuts.
2. Manufacturer’s product specifications.
3. Standard color charts.

1. Statement of compliance with specified referenced standards.
2. Testing by recognized testing agency.
3. Application of testing agency labels and seals.
   1. Notation of coordination requirements.
   2. Availability and delivery time information.

1. For equipment, include the following in addition to the above, as applicable:

1. Wiring diagrams that show factory-installed wiring.
2. Printed performance curves.
3. Operational range diagrams.
4. Clearances     required    to    other construction,  if                not  indicated                      on accompanying Shop Drawings.

1. Submit Product Data before Shop Drawings, and before or concurrently with Samples.

1. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data.

1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable:

1. Identification of products.
2. Schedules.
3. Compliance with specified standards.
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement.
6. Relationship and attachment to adjoining construction clearly indicated.
7. Seal and signature of professional engineer if specified.

1. Samples: Submit Samples for review of type, color, pattern, and texture for a check of these characteristics with other materials.

1. Transmit    Samples    that    contain    multiple,    related    components,    such as accessories together in one submittal package.
2. Identification: Permanently attach label on unexposed side of Samples that includes the following:

1. Project name and submittal number.
2. Generic description of Sample.
3. Product name and name of manufacturer.
4. Sample source.
5. Number and title of applicable Specification Section.
6. Specification paragraph number and generic name of each item.

1. Email Transmittal: Provide PDF transmittal. Include digital image file illustrating Sample characteristics and identification information for record.

1. Web-Based Project Management Software: Prepare submittals in PDF form, and upload to web-based Project software website. Enter required data in web-based software site to fully identify submittal.
2. Paper Transmittal: Include paper transmittal, including complete submittal information indicated.
3. Disposition: Maintain sets of approved Samples at Project site, available for quality-control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set.

1. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use.
2. Samples not incorporated into the Work, or otherwise designated as Owner’s property, are the property of Contractor.

1. Samples for Initial Selection: Submit manufacturer’s color charts consisting of units or sections of units, showing the full range of colors, textures, and patterns available.

1. Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer’s product line. Architect will return submittal with options selected.

1. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection.

1. Number of Samples: Submit two sets of Samples. Architect will retain one Sample sets; remainder will be returned.

1)           Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated.

2)           If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least one sets of paired units that show approximate limits of variations.

1. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form:

1. Type of product. Include unique identifier for each product indicated in the Contract Documents or assigned by Contractor if none is indicated.
2. Manufacturer and product name, and model number if applicable.

1. Number and name of room or space.
2. Location within room or space.

1. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified.

1. Design Data: Prepare and submit written and graphic information indicating compliance with indicated performance and design criteria in individual Specification Sections. Include list of assumptions and summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Number each page of submittal.

1. Certificates:

1. Certificates and Certifications Submittals: Submit a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. Provide a notarized signature where indicated.
2. Installer Certificates: Submit written statements on manufacturer’s letterhead, certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project.
   1. Manufacturer Certificates: Submit written statements on manufacturer’s letterhead, certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required.
   2. Material Certificates: Submit written statements on manufacturer’s letterhead, certifying that material complies with requirements in the Contract Documents.
   3. Product Certificates: Submit written statements on manufacturer’s letterhead, certifying that product complies with requirements in the Contract Documents.
   4. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of AWS B2.1/B2.1M on AWS forms. Include names of firms and personnel certified.

1. Test and Research Reports:

1. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency’s standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for substrate preparation and primers required.
2. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents.
3. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency’s standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents.

1. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency’s standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents.
2. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency.
3. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information:

1. Name of evaluation organization.
2. Date of evaluation.
3. Time period when report is in effect.
4. Product and manufacturers’ names.
5. Description of product.
6. Test procedures and results.
7. Limitations of use.

1.8                CONTRACTOR’S REVIEW

1. Action Submittals and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect and Construction Manager.

1. Contractor’s Approval: Indicate Contractor’s approval for each submittal with a uniform approval stamp Include name of reviewer, date of Contractor’s approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents.

1. Architect and Construction Manager will not review submittals received from Contractor that do not have Contractor’s review and approval.

1.9                ARCHITECT’S AND CONSTRUCTION MANAGER’S REVIEW

1. Action Submittals: Architect and Construction Manager will review each submittal, indicate corrections or revisions required and return.

1. PDF Submittals: Architect and Construction Manager will indicate, via markup on each submittal, the appropriate action.

1. Informational Submittals: Architect and Construction Manager will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect and Construction Manager will forward each submittal to appropriate party.

1. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Architect and Construction Manager.

1. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review.

1. Architect and Construction Manager will discard submittals received from sources other than Contractor.

1. Submittals not required by the Contract Documents will be returned by Architect without action.

PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION (Not Used) END OF SECTION 013300

SUBMITTAL PROCEDURES                                                    013300 – 9                                                                                                     2/26/2021

SECTION 01 56 39

TEMPORARY TREE AND PLANT PROTECTION

PART 1 – GENERAL

1.1                 RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2                 SUMMARY

1. Section includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction.

1. Related Requirements:
2. Section 311000 “Site Clearing” for removing existing trees and shrubs.

1.3                 DEFINITIONS

1. Caliper: Diameter of a trunk measured by the average of the smallest and largest diameters at a height 6 inches (150 mm) above the ground for trees up to and including 4-inch (100-mm) size at this height and as measured at a height of 12 inches (300 mm) above the ground for trees larger than 4-inch (100-mm) size.

1. Caliper (DBH): Diameter breast height; diameter of a trunk as measured by the average of the smallest and largest diameters at a height 54 inches (1372 mm) above the ground line.

1. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction and indicated on Drawings.

1. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction and indicated on Drawings.

1. Vegetation: Trees, shrubs, groundcovers, grass, and other plants.

1.4                 PREINSTALLATION MEETINGS

1. Preinstallation Conference: Conduct conference at Project site.

1. Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following:

1. Tree-service firm’s personnel, and equipment needed to make progress and avoid delays.
2. Arborist’s responsibilities.
3. Quality-control program.

1. Coordination of Work and equipment movement with the locations of protection zones.
2. Trenching by hand or with air spade within protection zones.
3. Field quality control.

1.5                 ACTION SUBMITTALS

1. Product Data: For each type of product.

1. Samples: For each type of the following:

1. Organic Mulch: 1-pint (0.5-L) volume of organic mulch; in sealed plastic bags labeled with composition of materials by percentage of weight and source of mulch.
2. Protection-Zone Fencing: Assembled Samples of manufacturer’s standard size made from full-size components.
3. Protection-Zone Signage: Full-size Samples of each size and text, ready for installation.

1. Tree Pruning Schedule: Written schedule detailing scope and extent of pruning of trees to remain that interfere with or are affected by construction.

1. Species and size of tree.
2. Location on site plan. Include unique identifier for each.
3. Reason for pruning.
4. Description of pruning to be performed.
5. Description of maintenance following pruning.

1.6                 INFORMATIONAL SUBMITTALS

1. Qualification Data: For arborist and tree service firm.

1. Certification: From arborist, certifying that trees indicated to remain have been protected during construction according to recognized standards and that trees were promptly and properly treated and repaired when damaged.

1. Maintenance Recommendations: From arborist, for care and protection of trees affected by construction during and after completing the Work.

1. Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities.

1. Use sufficiently detailed photographs or video recordings.
   1. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain.

1. Quality-control program.

1.7                 QUALITY ASSURANCE

1. Arborist Qualifications: Licensed arborist in jurisdiction where Project is located.

1. Tree Service Firm Qualifications: An experienced tree service firm that has successfully completed temporary tree and plant protection work similar to that required for this Project and that will assign an experienced, qualified arborist to Project site during execution of the Work.

1. Quality-Control Program: Prepare a written program to systematically demonstrate the ability of personnel to properly follow procedures and handle materials and equipment during the Work without damaging trees and plantings. Include dimensioned diagrams for placement of protection zone fencing and signage, the arborist’s and tree-service firm’s responsibilities, instructions given to workers on the use and care of protection zones, and enforcement of requirements for protection zones.

1.8                 FIELD CONDITIONS

1. The following practices are prohibited within protection zones:

1. Storage of construction materials, debris, or excavated material.
2. Moving or parking vehicles or equipment.
3. Foot traffic.
4. Erection of sheds or structures.
5. Impoundment of water.
6. Excavation or other digging unless otherwise indicated.
7. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated.

1. Do not direct vehicle or equipment exhaust toward protection zones.

1. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch.

PART 2 – PRODUCTS

2.1                 MATERIALS

1. Backfill Soil: Planting soil of suitable moisture content and granular texture for placing around tree; free of stones, roots, plants, sod, clods, clay lumps, pockets of coarse sand, concrete slurry, concrete layers or chunks, cement, plaster, building debris, and other extraneous materials harmful to plant growth.

1. Organic Mulch: Free from deleterious materials and suitable as a top dressing for trees and shrubs, consisting of one of the following:

1. Type: Wood Chip Mulch per Specification 32 94 00 – Planting Accessories

1. Protection-Zone Fencing: Fencing fixed in position and meeting the following requirements as shown on the drawings.

PART 3 – EXECUTION

3.1                 EXAMINATION

1. Erosion and Sedimentation Control: Examine the site to verify that temporary erosion- and sedimentation-control measures are in place. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross protection zones.

1. Prepare written report, endorsed by arborist, listing conditions detrimental to tree and plant protection.

3.2                 PREPARATION

1. Locate and clearly identify trees, shrubs, and other vegetation to remain Tie a 1-inch (25-mm) blue vinyl tape around each tree trunk at 54 inches (1372 mm) above the ground.

1. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations.

1. Tree-Protection Zones: Mulch areas inside tree-protection zones and other areas indicated. Do not exceed indicated thickness of mulch.

1. Apply 2-inch (50-mm) uniform thickness of organic mulch unless otherwise indicated. Do not place mulch within 12 inches (150 mm)] of tree trunks.

3.3                 PROTECTION ZONES

1. Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected areas except by entrance gates. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation.

1. Maintain protection zones free of weeds and trash.

1. Maintain protection-zone fencing and signage in good condition as acceptable to Landscape Architect and remove when construction operations are complete and equipment has been removed from the site.

1. Do not remove protection-zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone.
   1. Temporary access is permitted subject to preapproval in writing by arborist if a root buffer effective against soil compaction is constructed as directed by arborist. Maintain root buffer so long as access is permitted.

3.4                 EXCAVATION

1. General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 312000 “Earth Moving” unless otherwise indicated.

1. Trenching within Protection Zones: Where utility trenches are required within protection zones, excavate under or around tree roots by hand or with air spade, or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. If excavating by hand, use narrow-tine spading forks to comb soil and expose roots.

1. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches (75 mm) back from new construction and as required for root pruning.

1. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil.

3.5                 ROOT PRUNING

1. Prune tree roots that are affected by temporary and permanent construction. Prune roots as follows:

1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or other equipment that rips, tears, or pulls roots.
   1. Cut Ends: Do not paint cut root ends, Coat cut ends of roots more than 1-1/2 inches (38 mm) in diameter with an emulsified asphalt or other coating formulated for use on damaged plant tissues and that is acceptable to arborist.
   2. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil.
   3. Cover exposed roots with burlap and water regularly.
   4. Backfill as soon as possible according to requirements in Section 312000 “Earth Moving.”

1. Root Pruning at Edge of Protection Zone: Prune tree roots 6 inches (150 mm) outside of the protection zone by cleanly cutting all roots to the depth of the required excavation.

1. Root Pruning within Protection Zone: Clear and excavate by hand or with air spade to the depth of the required excavation to minimize damage to tree root systems. If excavating by hand, use narrow-tine spading forks to comb soil to expose roots. Cleanly cut roots as close to excavation as possible.

3.6                 CROWN PRUNING

1. Prune branches that are affected by temporary and permanent construction. Prune branches under direction of arborist.

1. Prune to remove only broken, dying, or dead branches unless otherwise indicated. Do not prune for shape unless otherwise indicated.
   1. Do not remove or reduce living branches to compensate for root loss caused by damaging or cutting root system.
   2. Pruning Standards: Prune trees according to ANSI A300 (Part 1).

1. Type of Pruning: Cleaning, raising, reducing, and thinning where indicated.

1. Specialty Pruning: Structural where indicated.

1. Unless otherwise directed by arborist and acceptable to Landscape Architect, do not cut tree leaders.

1. Cut branches with sharp pruning instruments; do not break or chop.

1. Do not paint or apply sealants to wounds.

1. Provide subsequent maintenance pruning during Contract period as recommended by arborist.

3.7                 REGRADING

1. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone.

1. Lowering Grade within Protection Zone: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by arborist unless otherwise indicated.

1. Root Pruning: Prune tree roots exposed by lowering the grade. Do not cut main lateral roots or taproots; cut only smaller roots. Cut roots as required for root pruning.

1. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone.

1. Minor Fill within Protection Zone: Where existing grade is 2 inches (50 mm) or less below elevation of finish grade, fill with backfill soil. Place backfill soil in a single uncompacted layer and hand grade to required finish elevations.

3.8                 FIELD QUALITY CONTROL

1. Inspections: Engage a qualified arborist to direct plant-protection measures in the vicinity of trees, shrubs, and other vegetation indicated to remain and to prepare inspection reports.

3.9                 REPAIR AND REPLACEMENT

1. General: Repair or replace trees, shrubs, and other vegetation indicated to remain or to be relocated that are damaged by construction operations, in a manner approved by Landscape Architect.

1. Submit details of proposed pruning and repairs.
2. Perform repairs of damaged trunks, branches, and roots within 24 hours according to arborist’s written instructions.
3. Replace trees and other plants that cannot be repaired and restored to full-growth status, as determined by Landscape Architect.

1. Trees: Remove and replace trees indicated to remain that are more than 50 percent dead or in an unhealthy condition or are damaged during construction operations that Landscape Architect determines are incapable of restoring to normal growth pattern.

1. Small Trees: Provide new trees of same size and species as those being replaced for each tree that measures 6 inches (150 mm) or smaller in caliper size.
2. Large Trees: Provide one new tree(s) of 6-inch (150-mm) caliper size for each tree being replaced that measures more than 6 inches (150 mm) in caliper size.

1. Species: As selected by Landscape Architect.

1. Plant and maintain new trees as specified in Section 32 90 00 “Planting.”

1. Excess Mulch: Rake mulched area within protection zones, being careful not to injure roots. Rake to loosen and remove mulch that exceeds a 4-inch (100-mm) uniform thickness to remain.

3.10              DISPOSAL OF SURPLUS AND WASTE MATERIALS

1. Disposal: Remove excess excavated material, displaced trees, trash, and debris and legally dispose of them off Owner’s property.

END OF SECTION 015639

TEMPORARY TREE AND PLANT PROTECTION       015639 – 7                                                                                          2/26/2021

SECTION 016000 – PRODUCT REQUIREMENTS

PART 1 – GENERAL

1.1                 RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2                 SUMMARY

1. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers’ standard warranties on products; special warranties; and comparable products.

1. Related Requirements:

1. Section 011000 “Summary” for Contractor requirements related to Owner-furnished products.
2. Section 012500 “Substitution Procedures” for requests for substitutions.
   1. Requirements provided by Owner and authorities having jurisdiction for Closeout Procedures for submitting warranties.

1.3                 DEFINITIONS

1. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term “product” includes the terms “material,” “equipment,” “system,” and terms of similar intent.

1. Named Products: Items identified by manufacturer’s product name, including make or model number or other designation shown or listed in manufacturer’s published product literature that is current as of date of the Contract Documents.
   1. New Products: Items that have not previously been incorporated into another project or facility. Salvaged items or items reused from other projects are not considered new products. Items that are manufactured or fabricated to include recycled content materials are considered new products, unless indicated otherwise.
   2. Comparable Product: Product by named manufacturer that is demonstrated and approved through the comparable product submittal process described in Part 2 “Comparable Products” Article, to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product.

1. Basis-of-Design Product Specification: A specification in which a single manufacturer’s product is named and accompanied by the words “basis-of-design product,” including make or model number or other designation. Published attributes and characteristics of basis-of-design product establish salient characteristics of products.

1. Evaluation of Comparable Products: In addition to the basis-of-design product description, product attributes and characteristics may be listed to establish the significant qualities related to type, function, in-service performance and physical

properties, weight, dimension, durability, visual characteristics, and other special features and requirements for purposes of evaluating comparable products of additional manufacturers named in the specification. Manufacturer’s published attributes and characteristics of basis-of-design product also establish salient characteristics of products for purposes of evaluating comparable products.

1. Subject to Compliance with Requirements: Where the phrase “Subject to compliance with requirements” introduces a product selection procedure in an individual Specification Section, provide products qualified under the specified product procedure. In the event that a named product or product by a named manufacturer does not meet the other requirements of the specifications, select another named product or product from another named manufacturer that does meet the requirements of the specifications; submit a comparable product request or substitution request, if applicable.

1. Comparable Product Request Submittal: An action submittal requesting consideration of a comparable product, including the following information:

1. Identification of basis-of-design product or fabrication or installation method to be replaced, including Specification Section number and title and Drawing numbers and titles.
2. Data indicating compliance with the requirements specified in Part 2 “Comparable Products” Article.

1. Basis-of-Design Product Specification Submittal: An action submittal complying with requirements in Section 013300 “Submittal Procedures.”

1. Substitution: Refer to Section 012500 “Substitution Procedures” for definition and limitations on substitutions.

1.4                 QUALITY ASSURANCE

1. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options.

1. Resolution of Compatibility Disputes between Multiple Contractors:

1. Contractors are responsible for providing products and construction methods compatible with products and construction methods of other contractors.
2. If a dispute arises between the multiple contractors over concurrently selectable but incompatible products, Architect will determine which products shall be used.

1. Identification of Products: Except for required labels and operating data, do not attach or imprint manufacturer or product names or trademarks on exposed surfaces of products or equipment that will be exposed to view in occupied spaces or on the exterior.

1. Labels: Locate required product labels and stamps on a concealed surface, or, where required for observation following installation, on a visually accessible surface that is not conspicuous.
2. Equipment Nameplates: Provide a permanent nameplate on each item of service- or power-operated equipment. Locate on a visually accessible but inconspicuous surface. Include information essential for operation, including the following:

1. Name of product and manufacturer.

1. Model and serial number.
2. Capacity.
3. Speed.
4. Ratings.

1. See individual identification Sections in Divisions 21, 22, 23, and 26 for additional equipment identification requirements.

1.5                         COORDINATION

1. Modify or adjust affected work as necessary to integrate work of approved comparable products and approved substitutions.

1.6                 PRODUCT DELIVERY, STORAGE, AND HANDLING

1. Deliver, store, and handle products, using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer’s written instructions.

1. Delivery and Handling:

1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces.
2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.
3. Deliver products to Project site in an undamaged condition in manufacturer’s original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing.
4. Inspect products on delivery to determine compliance with the Contract Documents and that products are undamaged and properly protected.

1. Storage:

1. Provide a secure location and enclosure at Project site for storage of materials and equipment.
2. Store products to allow for inspection and measurement of quantity or counting of units.
3. Store materials in a manner that will not endanger Project structure.
   1. Store products that are subject to damage by the elements under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation and with adequate protection from wind.
   2. Protect foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment.
   3. Comply with product manufacturer’s written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage.
   4. Protect stored products from damage and liquids from freezing.
      1. Provide a secure location and enclosure at Project site for storage of materials and equipment by Owner’s construction forces. Coordinate location with Owner.

1.7                 PRODUCT WARRANTIES

1. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer’s disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents.

1. Manufacturer’s Warranty: Written standard warranty form furnished by individual manufacturer for a particular product and issued in the name of the Owner or endorsed by manufacturer to Owner.
2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner and issued in the name of the Owner or endorsed by manufacturer to Owner.

1. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution.

1. Manufacturer’s Standard Form: Modified to include Project-specific information and properly executed.
   1. Specified Form: When specified forms are included in the Project Manual, prepare a written document, using indicated form properly executed.
   2. See other Sections for specific content requirements and particular requirements for submitting special warranties.

1. Submittal Time: Comply with requirements in Section 017700 “Closeout Procedures.”

PART 2 – PRODUCTS

2.1                 PRODUCT SELECTION PROCEDURES

1. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation.

1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect.
   1. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects.
   2. Owner reserves the right to limit selection to products with warranties meeting requirements of the Contract Documents.
   3. Where products are accompanied by the term “as selected,” Architect will make selection.
   4. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products.
   5. Or Equal: For products specified by name and accompanied by the term “or equal,” “or approved equal,” or “or approved,” comply with requirements in “Comparable Products” Article to obtain approval for use of an unnamed product.

1. Submit additional documentation required by Architect through Construction Manager in order to establish equivalency of proposed products. Unless otherwise indicated, evaluation of “or equal” product status is by the Architect, whose determination is final.

1. Product Selection Procedures:

1. Sole Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor’s convenience will not be considered.

1. Sole product may be indicated by the phrase “Subject to compliance with requirements, provide the following.”

1. Sole Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor’s convenience will not be considered.

1. Sole manufacturer/source may be indicated by the phrase “Subject to compliance with requirements, provide products by the following.”

1. Limited List of Products: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor’s convenience will not be considered unless otherwise indicated.

1. Limited list of products may be indicated by the phrase “Subject to compliance with requirements, provide one of the following.”

1. Limited List of Manufacturers: Where Specifications include a list of manufacturers’ names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor’s convenience will not be considered unless otherwise indicated.

1. Limited list of manufacturers is indicated by the phrase “Subject to compliance with requirements, provide products by one of the following.”

1. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications may additionally indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in “Comparable Products” Article for consideration of an unnamed product by one of the other named manufacturers.

1. For approval of products by unnamed manufacturers, comply with requirements in Section 012500 “Substitution Procedures” for substitutions for convenience.

1. Visual Matching Specification: Where Specifications require the phrase “match Architect’s sample,” provide a product that complies with requirements and matches Architect’s sample. Architect’s decision will be final on whether a proposed product matches.

1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Section 012500 “Substitution Procedures” for proposal of product.

1. Visual Selection Specification: Where Specifications include the phrase “as selected by Architect from manufacturer’s full range” or a similar phrase, select a product that complies with

requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer’s product line that includes both standard and premium items.

1. Sustainable Product Selection: Where Specifications require product to meet sustainable product characteristics, select products complying with indicated requirements. Comply with requirements in Division 01 sustainability requirements Section and individual Specification Sections.

2.2                 COMPARABLE PRODUCTS

1. Conditions for Consideration of Comparable Products: Architect will consider Contractor’s request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with the following requirements:

1. Evidence that proposed product does not require revisions to the Contract Documents, is consistent with the Contract Documents, will produce the indicated results, and is compatible with other portions of the Work.
   1. Detailed comparison of significant qualities of proposed product with those of the named basis-of-design product. Significant product qualities include attributes, such as type, function, in-service performance and physical properties, weight, dimension, durability, visual characteristics, and other specific features and requirements.
   2. Evidence that proposed product provides specified warranty.
      1. List of similar installations for completed projects, with project names and addresses and names and addresses of architects and owners, if requested.
      2. Samples, if requested.

1. Architect’s Action on Comparable Products Submittal: If necessary, Architect will request additional information or documentation for evaluation, as specified in Section 013300 “Submittal Procedures.”

1. Form of Approval of Submittal: As specified in Section 013300 “Submittal Procedures.”
2. Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated.

1. Submittal Requirements, Two-Step Process: Approval by the Architect of Contractor’s request for use of comparable product is not intended to satisfy other submittal requirements. Comply with specified submittal requirements.

PART 3 – EXECUTION (Not Used)

END OF SECTION 016000

PRODUCT REQUIREMENTS                                    016000 – 6                                                                                      2/26/2021

95% Construction Document – Bid Set

SECTION 07 24 00 LIGHTWEIGHT GEOSYNTHETIC FILL

PART 1 – GENERAL

1.3                 REFERENCES

1. ASTM C 165 – Test Method for Measuring Compressive Properties of Thermal Insulation

1. ASTM C 203 – Breaking Load and Flexural Properties of Block-Type Thermal Insulation

1. ASTM C 303 – Test Method for Dimensions and Density of Preformed Block an Board-Type Thermal Insulation

1. ASTM C 390 – Practice for Sampling and Acceptance of Thermal Insulation lots

1. ASTM D 1621 – Compressive Properties of Rigid Cellular Plastics

1. ASTM D 1622 – Apparent Density of Rigid Cellular Plastics

1. ASTM D 1623 – Tensile and Tensile Adhesion Properties of Rigid Cellular Plastics

1. ASTM C 2863 – Test Method for Measuring the Minimum Oxygen Concentration to Support Candle- Like Combustion of Plastics (Oxygen Index)

1. ASTM D 6817 – Specification for Rigid Cellular Polystyrene Geofoam

1. ASTM D 7557 – Standard Practice for Sampling of Expanded Polystyrene Geofoam Specimens.

1.4                 SUBMITTALS

1. Submit under provisions of Section 013300

1. Product Data: Manufacturer’s data sheets on each product to be used, including:

1. Preparation instructions and recommendations
2. Storage and handling requirements and recommendations.
3. Installation methods.

include ASTM C 578 physical properties will not be considered as an alternative equal and will be rejected.

1.7                 DELIVERY, STORAGE, AND HANDLING

1. Handle and store products in accordance the manufacturer’s recommendations until ready for installation.

1. Prevent damage to the Geofoam blocks during delivery, storage, and construction.

1. Geo-Synthetic Fill that is anticipated to be exposed to sunlight for more than six months shall be covered with an opaque material to prevent ultraviolet light degradation. Remove material that is exposed for exces-sive period beyond six months.

1. Protect the Geo-Synthetic Fill from: organic solvents such as acetone, benzene, and paint thinner; petroleum based solvents such as gasoline and diesel fuel; and open flames.

1. Geo-Synthetic Fill should be considered combustible and should not be exposed to open flame or any source of ignition.

1.8                 SEQUENCING

1. Ensure that placement drawings and other information required for installation of products of this section are furnished to affected trades in time to prevent interruption of construction progress.

PART 2 – PRODUCTS

2.1                 ACCEPTABLE MANUFACTURER

1. Acceptable Manufacturer: Insulfoam, A division of Carlisle Construction Materials, 6004 N. Westgate Blvd., Suite 120, Tacoma, WA 98406. ASD. Phone Toll Free: (800) 248-5995, Phone:

(253)       572-5111,       Fax:      (425)      251-8405.       Web                Site:                 www.insulfoam.com.                 E-Mail: geofoam@insulfoam.com.

1. Substitutions: Approved Equivalent

1. Requests for substitutions will be considered in accordance with provisions of Section 012500.

2.2                 MATERIALS: Geo-Synthetic Fill: InsulFoam GF shall conform to ASTM D 6817 and may be fabricated using material with recycled content. Blocks shall have a height of at least 36 inches (.91 m), a width of at least 48 inches (1.22 m), and length of at least 96 inches (2.44 m). Blocks shall be within tolerances of 0.5 percent of respective height, width and length dimensions. Additional field and/or shop trimming and cutting shall be required as necessitated by the geometry of the fill being constructed.

1. Type EPS19: Physical Properties when tested in accordance with ASTM D 6817 shall be:

1. Density shall be a minimum of 1.15 lb/ft3 (18.4 kg/m3), when tested in accordance with ASTM D 1622.
   1. Compressive Resistance at 1 percent deformation shall be a minimum of 5.8 psi (40 kPa) when tested in accordance with ASTM D 1621.

1. Flexural Strength shall be a minimum of 30.0 psi (207 kPa) when tested in accordance with ASTM C 203.
2. Elastic Modulus shall be a minimum of 580 psi (4000 kPA) when tested in accordance with ASTM C 203.
3. Oxygen Index shall have a minimum volume of 24.0 percent when tested in accordance with ASTM C 2863.

PART 3 – EXECUTION

3.1                 EXAMINATION

1. Do not begin installation until substrates have been properly prepared.

1. Verify that the Greenroof Assembly and moisture protection systems are complete, including membrane, drainage systems, protection, and thermal  insulation.

1. Confirm that Electric Vector Mapping leak detection systems are in place and all testing has been completed.

1. Notify Architect of unsatisfactory preparation before proceeding.

3.2                 PREPARATION

1. Prepare surfaces for uniform bearing using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions.

3.3                 INSTALLTION

1. Install in accordance with manufacturer’s instructions.

1. Lightweight Geo-Synthetic Fill shall be placed to the lines and grades shown in the Drawings and as directed by the Landscape Architect. The surface of a layer of Geo-Synthetic Fill blocks/lifts to receive additional Geo-Synthetic Fill blocks shall be constructed with a variation in surface tolerance of no more than 0.5 inches in any 10 foot interval.

1. All blocks/lifts shall accurately fit relative to adjacent blocks/lifts, with gaps as specified in typical placement details.

1. Finished surfaces of the Geo-Synthetic Fill immediately beneath pavement sections shall be constructed to within the tolerance of zero to minus 30 mm (0.10 ft) of the indicated grade.

1. Finished surfaces of the Geo-Synthetic Fill in all landscape areas that receive soil cover shall be constructed to within a tolerance of plus 0.16 feet (50 mm) to minus 0.16 feet (50 mm) of the indicated grade.

1. Blocks placed in a row in a particular layer shall be offset 2.0 feet (0.6 m) relative to blocks placed in adjacent rows of the same layer as shown on placement drawings and details. In order to avoid continuous joints, each subsequent layer of blocks shall be rotated on the horizontal plane 90 degrees from the direction of placement of the previous layer placed.

1. When needed to prevent blocks sliding during construction, Moisture cured urethane adhesive should be placed between horizontal layers of blocks. Position the next foam block as specified and seat firmly before placing subsequent blocks.

1. Blocks shall be cut using a hot wire.

1. Because of the light unit-weight of the geofoam fill, provide temporary weighting and/or guying as necessary until all the blocks are built into a homogeneous mass, and the pavement section as well as any soil cover are in place.

1. Soil material over the Geo-Synthetic fills shall be placed starting at the bottom of the slope in such a manner to prevent damage to the fill.

3.4                 PROTECTION

1. Protect installed products until completion of project.

1. Repair or replace damaged products before Substantial Completion.

END OF SECTION 02230

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SECTION 22 05 29

HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT

PART 1 – GENERAL

1.1                 RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2                 SUMMARY

1. Section Includes:

1. Metal pipe hangers and supports.
2. Metal framing systems.
3. Fastener systems.
   1. Equipment supports.

1. Related Sections:
   1. Section 220548 “Vibration and Seismic Controls for Plumbing Piping and Equipment” for vibration isolation devices.

1.3                 DEFINITIONS

1. MSS: Manufacturers Standardization Society of The Valve and Fittings Industry Inc.

1.4                 PERFORMANCE REQUIREMENTS

1. Delegated Design: Design trapeze pipe hangers and equipment supports, including comprehensive engineering analysis by a qualified professional engineer, using performance requirements and design criteria indicated.

1. Structural Performance: Hangers and supports for plumbing piping and equipment shall withstand the effects of gravity loads and stresses within limits and under conditions indicated according to ASCE/SEI 7.

1. Design supports for multiple pipes, including pipe stands, capable of supporting combined weight of supported systems, system contents, and test water.
2. Design equipment supports capable of supporting combined operating weight of supported equipment and connected systems and components.
3. Design seismic-restraint hangers and supports for piping and equipment.

1.5                 ACTION SUBMITTALS

1. Product Data: For each type of product indicated.

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1. Shop Drawings: Signed and sealed by a qualified professional engineer. Show fabrication and installation details and include calculations for the following; include Product Data for components:

1. Trapeze pipe hangers.
2. Metal framing systems.
3. Equipment supports.

1. Delegated-Design Submittal: For trapeze hangers indicated to comply with performance requirements and design criteria, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation.

1. Detail fabrication and assembly of trapeze hangers.
2. Design Calculations: Calculate requirements for designing trapeze hangers.

1.6                 INFORMATIONAL SUBMITTALS

1. Welding certificates.

1.7                 QUALITY ASSURANCE

1. Structural Steel Welding Qualifications: Qualify procedures and personnel according to AWS D1.1/D1.1M, “Structural Welding Code – Steel.”

1. Pipe Welding Qualifications: Qualify procedures and operators according to ASME Boiler and Pressure Vessel Code.

PART 2 – PRODUCTS

2.1                 METAL PIPE HANGERS AND SUPPORTS

1.       .

1. B.           Type 316 Stainless-Steel Pipe Hangers and Supports:

1. 1.           Description: MSS SP-58, Types 1 through 58, factory-fabricated components.
   1. 2.            Padded Hangers: Hanger with fiberglass or other pipe insulation pad or cushion to support bearing surface of piping.
   2. 3.            Hanger Rods: Continuous-thread rod, nuts, and washer made of type 316 stainless steel.

2.2                 TRAPEZE PIPE HANGERS

1. Trapeze pipe hanger in paragraph below requires calculating and detailing at each use.

1. Description: MSS SP-69, Type 59, shop- or field-fabricated pipe-support assembly made from structural carbon-steel shapes with MSS SP-58 carbon-steel hanger rods, nuts, saddles, and U- bolts. Entire assembly must be type 316 stainless steel.

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2.3                 METAL FRAMING SYSTEMS

1. MFMA Manufacturer Metal Framing Systems, Type 316 Stainless Steel:
   1. Description: Shop- or field-fabricated pipe-support assembly for supporting multiple parallel pipes.
   2. Standard: MFMA-4.
   3. Channels: Continuous slotted steel channel with inturned lips.
      1. Channel Nuts: Formed or stamped steel nuts or other devices designed to fit into channel slot and, when tightened, prevent slipping along channel.
      2. Hanger Rods: Continuous-thread rod, nuts, and washer made of type 316 stainless steel.
      3. Metallic Coating: Hot-dipped galvanized.

2.4                 FASTENER SYSTEMS

1. Mechanical-Expansion Anchors: Insert-wedge-type, type 316 stainless- steel anchors, for use in hardened portland cement concrete; with pull-out, tension, and shear capacities appropriate for supported loads and building materials where used.

2.5                 EQUIPMENT SUPPORTS

1. Description: Welded, shop- or field-fabricated equipment support made from structural carbon- steel shapes.

2.6                 MISCELLANEOUS MATERIALS

1. Structural Steel: Type 316 Stainless steel plates, shapes, and bars; black and galvanized.

1. Grout: ASTM C 1107, factory-mixed and -packaged, dry, hydraulic-cement, nonshrink and nonmetallic grout; suitable for interior and exterior applications.

1. Properties: Nonstaining, noncorrosive, and nongaseous.
   1. Design Mix: 5000-psi, 28-day compressive strength.

PART 3 – EXECUTION

3.1                 HANGER AND SUPPORT INSTALLATION

1. Metal Pipe-Hanger Installation: Comply with MSS SP-69 and MSS SP-89. Install hangers, supports, clamps, and attachments as required to properly support piping from the building structure.

1. Metal Trapeze Pipe-Hanger Installation: Comply with MSS SP-69 and MSS SP-89. Arrange for grouping of parallel runs of horizontal piping, and support together on field-fabricated trapeze pipe hangers.

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1. Pipes of Various Sizes: Support together and space trapezes for smallest pipe size or install intermediate supports for smaller diameter pipes as specified for individual pipe hangers.
2. Field fabricate from ASTM A 36/A 36M, carbon-steel shapes selected for loads being supported. Weld steel according to AWS D1.1/D1.1M.

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1. Metal Framing System Installation: Arrange for grouping of parallel runs of piping, and support together on field-assembled metal framing systems.

1. Fastener System Installation:
   1. Install mechanical-expansion anchors in concrete after concrete is placed and completely cured. Install fasteners according to manufacturer’s written instructions.

1. Install hangers and supports complete with necessary attachments, inserts, bolts, rods, nuts, washers, and other accessories.

1. Equipment Support Installation: Fabricate from welded-structural-steel shapes.

1. Install hangers and supports to allow controlled thermal and seismic movement of piping systems, to permit freedom of movement between pipe anchors, and to facilitate action of expansion joints, expansion loops, expansion bends, and similar units.

1. Install lateral bracing with pipe hangers and supports to prevent swaying.

1. Install building attachments within concrete slabs or attach to structural steel. Install additional attachments at concentrated loads, including valves, flanges, and strainers, NPS 2-1/2 and larger and at changes in direction of piping. Install concrete inserts before concrete is placed; fasten inserts to forms and install reinforcing bars through openings at top of inserts.

1. Load Distribution: Install hangers and supports so that piping live and dead loads and stresses from movement will not be transmitted to connected equipment.

1. Pipe Slopes: Install hangers and supports to provide indicated pipe slopes and to not exceed maximum pipe deflections allowed by ASME B31.9 for building services piping.

3.2                 EQUIPMENT SUPPORTS

1. Fabricate structural-steel stands to suspend equipment from structure overhead or to support equipment above floor.

1. Grouting: Place grout under supports for equipment and make bearing surface smooth.

1. Provide lateral bracing, to prevent swaying, for equipment supports.

3.3                 METAL FABRICATIONS

1. Cut, drill, and fit miscellaneous metal fabrications for trapeze pipe hangers and equipment supports.

1. Fit exposed connections together to form hairline joints. Field weld connections that cannot be shop welded because of shipping size limitations.

1. Field Welding: Comply with AWS D1.1/D1.1M procedures for shielded, metal arc welding; appearance and quality of welds; and methods used in correcting welding work; and with the following:

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1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals.
2. Obtain fusion without undercut or overlap.

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1. Remove welding flux immediately.
2. Finish welds at exposed connections so no roughness shows after finishing and so contours of welded surfaces match adjacent contours.

3.4                 ADJUSTING

1. Hanger Adjustments: Adjust hangers to distribute loads equally on attachments and to achieve indicated slope of pipe.

1. Trim excess length of continuous-thread hanger and support rods to 1-1/2 inches.

3.5                 HANGER AND SUPPORT SCHEDULE

1. Specific hanger and support requirements are in Sections specifying piping systems and equipment.

1. Comply with MSS SP-69 for pipe-hanger selections and applications that are not specified in piping system Sections.

1. Use hangers and supports with galvanized metallic coatings for piping and equipment that will not have field-applied finish.

1. Use nonmetallic coatings on attachments for electrolytic protection where attachments are in direct contact with copper tubing.

1. Use type 316 stainless steel pipe hangers and supports and metal framing systems and attachments for general service applications.

1. Use padded hangers for piping that is subject to scratching.

1. Horizontal-Piping Hangers and Supports: Unless otherwise indicated and except as specified in piping system Sections, install the following types:

1. Adjustable, Type 316 Stainless Steel Clevis Hangers (MSS Type 1): For suspension of noninsulated or insulated, stationary pipes NPS 1/2 to NPS 30.
   1. Type 316 Stainless Steel Pipe Clamps (MSS Type 4): For suspension of cold and hot pipes NPS 1/2 to NPS 24 if little or no insulation is required.
   2. Type 316 Stainless U-Bolts (MSS Type 24): For support of heavy pipes NPS 1/2 to NPS 30.

1. Vertical-Piping Clamps: Unless otherwise indicated and except as specified in piping system Sections, install the following types:

1. Type 316 Stainless Extension Pipe or Riser Clamps (MSS Type 8): For support of pipe risers NPS 3/4 to NPS 24.

1. Hanger-Rod Attachments: Unless otherwise indicated and except as specified in piping system Sections, install the following types:

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1. Type 316 Stainless Steel Turnbuckles (MSS Type 13): For adjustment up to 6 inches for heavy loads.
2. Type 316 Stainless Steel Clevises (MSS Type 14): For 120 to 450 deg F                                                                                                                      piping installations.

220529 – 5                                           HANGERS AND SUPPORTS FOR

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1. Comply with MSS SP-69 for trapeze pipe-hanger selections and applications that are not specified in piping system Sections.

1. Comply with MFMA-103 for metal framing system selections and applications that are not specified in piping system Sections.

1. Use Type 316 Stainless Steel mechanical-expansion anchors instead of building attachments where required in concrete construction.

END OF SECTION 220529

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SECTION 22 05 48

VIBRATION AND SEISMIC CONTROLS FOR PLUMBING PIPING AND EQUIPMENT

PART 1 – GENERAL

1.1                 RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2                 SUMMARY

1. Section Includes:
   1. Restraint cables.
   2. Seismic-restraint accessories.
   3. Mechanical anchor bolts.
      1. Adhesive anchor bolts.

1.3                 DEFINITIONS

1. IBC: International Building Code.

1. ICC-ES: ICC-Evaluation Service.

1. OSHPD: Office of Statewide Health Planning & Development (for the State of California).

1.4                 ACTION SUBMITTALS

1. Product Data: For each type of product.

1. Include rated load, rated deflection, and overload capacity for each vibration isolation device.
2. Illustrate and indicate style, material, strength, fastening provision, and finish for each type and size of vibration isolation device and seismic-restraint component required.

1. Tabulate types and sizes of seismic restraints, complete with report numbers and rated strength in tension and shear as evaluated by an agency acceptable to authorities having jurisdiction.
   1. Annotate to indicate application of each product submitted and compliance with requirements.

1. Interlocking Snubbers: Include ratings for horizontal, vertical, and combined loads.

1. Shop Drawings:

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1.       Detail fabrication and assembly of equipment bases. Detail fabrication including anchorages and attachments to structure and to supported equipment.

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1. Delegated-Design Submittal: For each vibration isolation and seismic-restraint device.

1. Include design calculations and details for selecting vibration isolators and seismic restraints complying with performance requirements, design criteria, and analysis data signed and sealed by the qualified professional engineer responsible for their preparation.
   1. Design Calculations: Calculate static and dynamic loading due to equipment weight and operation, due to seismic forces required to select vibration isolators, and due to seismic restraints.
   2. Riser Supports: Include riser diagrams and calculations showing anticipated expansion and contraction at each support point, initial and final loads on building structure, spring deflection changes, and seismic loads. Include certification that riser system was examined for excessive stress and that none exists.
   3. Seismic-Restraint Details:

1. Design Analysis: To support selection and arrangement of seismic restraints. Include calculations of combined tensile and shear loads.
2. Details: Indicate fabrication and arrangement. Detail attachments of restraints to the restrained items and to the structure. Show attachment locations, methods, and spacings. Identify components, list their strengths, and indicate directions and values of forces transmitted to the structure during seismic events. Indicate association with vibration isolation devices.
   1. Preapproval and Evaluation Documentation: By an agency acceptable to authorities having jurisdiction, showing maximum ratings of restraint items and the basis for approval (tests or calculations).

1.5                 INFORMATIONAL SUBMITTALS

1. Coordination Drawings: Show coordination of vibration isolation device installation and seismic bracing for plumbing piping and equipment with other systems and equipment in the vicinity, including other supports and restraints, if any.

1. Qualification Data: For professional engineer and testing agency.

1. Welding certificates.

1. Field quality-control reports.

1.6                 QUALITY ASSURANCE

1. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is an NRTL as defined by OSHA in 29 CFR 1910.7 and that is acceptable to authorities having jurisdiction.

1. Comply with seismic-restraint requirements in the IBC unless requirements in this Section are more stringent.

1. Welding Qualifications: Qualify procedures and personnel according to AWS D1.1/D1.1M, “Structural Welding Code – Steel.”

1. Seismic-restraint devices shall have horizontal and vertical load testing and analysis and shall bear anchorage preapproval OPA number from OSHPD, preapproval by ICC-ES, or

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preapproval by another agency acceptable to authorities having jurisdiction, showing maximum seismic-restraint ratings. Ratings based on independent testing are preferred to ratings based on calculations. If preapproved ratings are unavailable, submittals based on independent testing are preferred. Calculations (including combining shear and tensile loads) to support seismic- restraint designs must be signed and sealed by a qualified professional engineer.

PART 2 – PRODUCTS

2.1                 RESTRAINT CABLES

1. Restraint Cables: ASTM A 492 stainless-steel cables. End connections made of steel assemblies with thimbles, brackets, swivel, and bolts designed for restraining cable service; with a minimum of two clamping bolts for cable engagement.

2.2                 SEISMIC-RESTRAINT ACCESSORIES

1. Hanger-Rod Stiffener: Type 316 Stainless Steel tube or steel slotted-support-system sleeve with internally bolted connections to hanger rod.

1. Hinged and Swivel Brace Attachments: Type 316 Stainless Steel Multifunctional steel connectors for attaching hangers to rigid channel bracings and restraint cables.

1. Bushings for Floor-Mounted Equipment Anchor Bolts: Neoprene bushings designed for rigid equipment mountings, and matched to type and size of anchor bolts and studs.

1. Bushing Assemblies for Wall-Mounted Equipment Anchorage: Assemblies of neoprene elements and steel sleeves designed for rigid equipment mountings, and matched to type and size of attachment devices used.

1. Resilient Isolation Washers and Bushings: One-piece, molded, oil- and water-resistant neoprene, with a flat washer face.

2.3                 MECHANICAL ANCHOR BOLTS

1. Mechanical Anchor Bolts: Drilled-in and stud-wedge or female-wedge type in Type 316 stainless steel for interior and exterior applications. Select anchor bolts with strength required for anchor and as tested according to ASTM E 488.

2.4                 ADHESIVE ANCHOR BOLTS

1. Adhesive Anchor Bolts: Drilled-in and capsule anchor system containing PVC or urethane methacrylate-based resin and accelerator, or injected polymer or hybrid mortar adhesive. Provide anchor bolts and hardware with type 316 stainless steel for interior and exterior applications. Select anchor bolts with strength required for anchor and as tested according to ASTM E 488.

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PART 3 – EXECUTION

3.1                 EXAMINATION

1. Examine areas and equipment to receive vibration isolation and seismic-control devices for compliance with requirements for installation tolerances and other conditions affecting performance of the Work.

1. Examine roughing-in of reinforcement and cast-in-place anchors to verify actual locations before installation.

1. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2                 APPLICATIONS

1. Multiple Pipe Supports: Secure pipes to trapeze member with clamps approved for application by an agency acceptable to authorities having jurisdiction.

1. Hanger-Rod Stiffeners: Install hanger-rod stiffeners where indicated or scheduled on Drawings to receive them and where required to prevent buckling of hanger rods due to seismic forces.

1. Strength of Support and Seismic-Restraint Assemblies: Where not indicated, select sizes of components so strength is adequate to carry present and future static and seismic loads within specified loading limits.

3.3                 VIBRATION CONTROL AND SEISMIC-RESTRAINT DEVICE INSTALLATION

1. Coordinate the location of embedded connection hardware with supported equipment attachment and mounting points and with requirements for concrete reinforcement and formwork specified in Section 033000 “Cast-in-Place Concrete.”

1. Equipment Restraints:

1. Install seismic snubbers on plumbing equipment mounted on vibration isolators. Locate snubbers as close as possible to vibration isolators and bolt to equipment base and supporting structure.
2. Install resilient bolt isolation washers on equipment anchor bolts where clearance between anchor and adjacent surface exceeds 0.125 inch.
3. Install seismic-restraint devices using methods approved by an agency acceptable to authorities having jurisdiction that provides required submittals for component.

1. Piping Restraints:

1. Comply with requirements in MSS SP-127.
2. Space lateral supports a maximum of 40 feet o.c., and longitudinal supports a maximum of 80 feet o.c.
3. Brace on every change of direction.

1. Install cables so they do not bend across edges of adjacent equipment or building structure.

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1. Install seismic-restraint devices using methods approved by an agency acceptable to authorities having jurisdiction that provides required submittals for component.

1. Attachment to Structure: If specific attachment is not indicated, anchor bracing to structure at flanges of beams, at upper truss chords of bar joists, or at concrete members.

1. Drilled-in Anchors:

1. Identify position of reinforcing steel and other embedded items prior to drilling holes for anchors. Do not damage existing reinforcing or embedded items during coring or drilling. Notify the structural engineer if reinforcing steel or other embedded items are encountered during drilling. Locate and avoid prestressed tendons, electrical and telecommunications conduit, and gas lines.
2. Do not drill holes in concrete or masonry until concrete, mortar, or grout has achieved full design strength.
   1. Wedge Anchors: Protect threads from damage during anchor installation. Heavy-duty sleeve anchors shall be installed with sleeve fully engaged in the structural element to which anchor is to be fastened.
   2. Adhesive Anchors: Clean holes to remove loose material and drilling dust prior to installation of adhesive. Place adhesive in holes proceeding from the bottom of the hole and progressing toward the surface in such a manner as to avoid introduction of air pockets in the adhesive.
   3. Set anchors to manufacturer’s recommended torque, using a torque wrench.
   4. Install zinc-coated steel anchors for interior and stainless-steel anchors for exterior applications.

3.4                 ACCOMMODATION OF DIFFERENTIAL SEISMIC MOTION

1. Install flexible connections in piping where they cross seismic joints, where adjacent sections or branches are supported by different structural elements, and where the connections terminate with connection to equipment that is anchored to a different structural element from the one supporting the connections as they approach equipment.

3.5                 FIELD QUALITY CONTROL

1. Testing Agency: Engage a qualified testing agency to perform tests and inspections.

1. Perform tests and inspections.

1. Tests and Inspections:

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1. Provide evidence of recent calibration of test equipment by a testing agency acceptable to authorities having jurisdiction.
2. Schedule test with Owner, through Architect, before connecting anchorage device to restrained component (unless postconnection testing has been approved), and with at least seven days’ advance notice.
3. Obtain Architect’s approval before transmitting test loads to structure. Provide temporary load-spreading members.
4. Test at least four of each type and size of installed anchors and fasteners selected by Architect.
5. Test to 90 percent of rated proof load of device.
6. Measure isolator restraint clearance.
7. Measure isolator deflection.

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1. Verify snubber minimum clearances.

1. Remove and replace malfunctioning units and retest as specified above.

1. Prepare test and inspection reports.

END OF SECTION 220548

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SECTION 22 05 53

IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

PART 1 – GENERAL

1.3                 ACTION SUBMITTALS

1. Product Data: For each type of product indicated.

1. Samples: For color, letter style, and graphic representation required for each identification material and device.

1. Equipment Label Schedule: Include a listing of all equipment to be labeled with the proposed content for each label.

1. Valve numbering scheme.

1. Valve Schedules: For each piping system to include in maintenance manuals.

PART 2 – PRODUCTS

2.1                 EQUIPMENT LABELS

1. Metal Labels for Equipment:

1. Material and Thickness: stainless steel, 0.025-inch                                                                             minimum thickness, and having predrilled or stamped holes for attachment hardware.
2. Letter Color: Black.
3. Background Color: White.
4. Minimum Label Size: Length and width vary for required label content, but not less than 2-1/2 by 3/4 inch.
5. Minimum Letter Size: 1/4 inch for name of units if viewing distance is less than 24 inches, 1/2 inch for viewing distances up to 72 inches, and proportionately larger lettering for

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greater viewing distances. Include secondary lettering two-thirds to three-quarters the size of principal lettering.

1. Fasteners: Stainless-steel rivets.
2. Adhesive: Contact-type permanent adhesive, compatible with label and with substrate.

1. Label Content: Include equipment’s Drawing designation or unique equipment number, Drawing numbers where equipment is indicated (plans, details, and schedules), and the Specification Section number and title where equipment is specified.

1. Equipment Label Schedule: For each item of equipment to be labeled, on 8-1/2-by-11-inch (A4) bond paper. Tabulate equipment identification number, and identify Drawing numbers where equipment is indicated (plans, details, and schedules) and the Specification Section number and title where equipment is specified. Equipment schedule shall be included in operation and maintenance data.

2.2                 PIPE LABELS

1. General Requirements for Manufactured Pipe Labels: Preprinted, color-coded, with lettering indicating service, and showing flow direction.

1. Pretensioned Pipe Labels: Precoiled, semirigid plastic formed to cover full circumference of pipe and to attach to pipe without fasteners or adhesive.

1. Self-Adhesive Pipe Labels: Printed plastic with contact-type, permanent-adhesive backing.

1. Pipe Label Contents: Include identification of piping service using same designations or abbreviations as used on Drawings; also include pipe size and an arrow indicating flow direction.

1. Flow-Direction Arrows: Integral with piping-system service lettering to accommodate both directions or as separate unit on each pipe label to indicate flow direction.
   1. Lettering Size: At least 1/2 inch for viewing distances up to 72 inches and proportionately larger lettering for greater viewing distances.

2.3                 VALVE TAGS

1. Valve Tags: Stamped or engraved with 1/4-inch letters for piping system abbreviation and 1/2- inch numbers.

1. Tag Material: stainless steel, 0.025-inch minimum thickness, and having predrilled or stamped holes for attachment hardware.
2. Fasteners: Brass wire-link chain.

1. Valve Schedules: For each piping system, on 8-1/2-by-11-inch (A4) bond paper. Tabulate valve number, piping system, system abbreviation (as shown on valve tag), location of valve (room or space), normal-operating position (open, closed, or modulating), and variations for identification. Mark valves for emergency shutoff and similar special uses.

1. Valve-tag schedule shall be included in operation and maintenance data.

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PART 3 – EXECUTION

3.1                 PREPARATION

1. Clean piping and equipment surfaces of substances that could impair bond of identification devices, including dirt, oil, grease, release agents, and incompatible primers, paints, and encapsulants.

3.2                 GENERAL INSTALLATION REQUIREMENTS

1. Coordinate installation of identifying devices with completion of covering and painting of surfaces where devices are to be applied.

1. Coordinate installation of identifying devices with locations of access panels and doors.

1. Install identifying devices before installing acoustical ceilings and similar concealment.

3.3                 EQUIPMENT LABEL INSTALLATION

1. Install or permanently fasten labels on each major item of mechanical equipment.

1. Locate equipment labels where accessible and visible.

3.4                 PIPE LABEL INSTALLATION

A.

1. Pipe Label Locations: Locate pipe labels where piping is exposed or above accessible ceilings in finished spaces; machine rooms; accessible maintenance spaces such as shafts, tunnels, and plenums; and exterior exposed locations as follows:

1. Near each valve and control device.
   1. Near each branch connection, excluding short takeoffs for fixtures and terminal units. Where flow pattern is not obvious, mark each pipe at branch.
   2. Near penetrations through walls, floors, ceilings, and inaccessible enclosures.
   3. At access doors, manholes, and similar access points that permit view of concealed piping.
   4. Near major equipment items and other points of origination and termination.
      1. Spaced at maximum intervals of 25 feet along each run. Reduce intervals to 10 feet in areas of congested piping and equipment.
      2. On piping above removable acoustical ceilings. Omit intermediately spaced labels.

1. Directional Flow Arrows: Arrows shall be used to indicate direction of flow in pipes, including pipes where flow is allowed in both directions.

1. Pipe Label Color Schedule:

1. Gray-Water Piping

1. Background: Match existing.

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220553 – 3                            IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

1. Letter Colors: Match existing.

1. Storm Drainage Piping:

1. Background Color: Safety black.
2. Letter Color: White.

3.5                 VALVE-TAG INSTALLATION

1. Install tags on valves and control devices in piping systems, except check valves, valves within factory-fabricated equipment units, shutoff valves, faucets, convenience and lawn-watering hose connections, and similar roughing-in connections of end-use fixtures and units. List tagged valves in a valve schedule.

1. Valve-Tag Application Schedule: Tag valves according to size, shape, and color scheme and with captions similar to those indicated in the following subparagraphs:

1. Valve-Tag Size and Shape:

1. Grey-Water: 2 inches, round.

1. Valve-Tag Colors:

1. Grey-Water: Match existing.

1. Letter Colors:

1. Grey-Water: White.

END OF SECTION 220553

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220553 – 4                            IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

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220553 – 5                            IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

SECTION 22 11 17 GRAY-WATER PIPING

PART 1 – GENERAL

PART 2 – PRODUCTS

2.1                 PERFORMANCE REQUIREMENTS

2.2                 COPPER TUBE AND FITTINGS

1. Hard Copper Tube: ASTM B 88, Type M water tube, drawn temper.

1. Cast-Copper, Solder-Joint Fittings: ASME B16.18, pressure fittings.

1. Wrought-Copper, Solder-Joint Fittings: ASME B16.22, wrought-copper pressure fittings.

1. Copper Unions:

1. MSS SP-123.
2. Cast-copper-alloy, hexagonal-stock body.
3. Ball-and-socket, metal-to-metal seating surfaces.
4. Solder-joint or threaded ends.

1. Fitting-Type Transition Couplings: Manufactured piping coupling or specified piping system fitting.

1. Sleeve-Type Transition Coupling: AWWA C219.

1. Plastic-to-Metal Transition Fittings:
2. Description:

1. PVC one-piece fitting with manufacturer’s Schedule 80 equivalent dimensions.
2. One end with threaded brass insert and one solvent-cement-socket[ or threaded] end.

1. Plastic-to-Metal Transition Unions:
2. Description:

1. PVC four-part union.
2. Brass threaded end.
3. Solvent-cement-joint or threaded plastic end.
4. Rubber O-ring.
5. Union nut.

2.6                 DIELECTRIC FITTINGS

1. General Requirements: Assembly of copper alloy and ferrous materials with separating nonconductive insulating material. Include end connections compatible with pipes to be joined.

1. Dielectric Unions:
   1. Standard: ASSE 1079.
   2. Pressure Rating: 125 psig minimum at 180 deg F.
   3. End Connections: Solder-joint copper alloy and threaded ferrous.

PART 3 – EXECUTION

3.1                 EXAMINATION

1. Examine areas and conditions for compliance with requirements for installation tolerances and other conditions affecting performance of the Work.

1. Examine roughing-in for gray-water piping to verify actual locations of piping connections before fixture installation.

1. Examine walls, floors, roofs, and ceiling for suitable conditions where gray-water piping will be installed.

1. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2                 PIPING INSTALLATION

1. Drawing plans, schematics, and diagrams indicate general location and arrangement of gray- water water piping. Indicated locations and arrangements are used to size pipe and calculate friction loss, expansion, and other design considerations. Install piping as indicated unless deviations to layout are approved on coordination drawings.

1. Install copper tubing under building slab according to CDA’s “Copper Tube Handbook.”

1. Install underground copper tube in PE   encasement   according   to   ASTM A 674   or AWWA C105/A21.5.

1. Install seismic restraints on piping. Comply with requirements for seismic-restraint devices in Section 220548 “Vibration and Seismic Controls for Plumbing Piping and Equipment.”

1. Install piping concealed from view and protected from physical contact by building occupants unless otherwise indicated and except in equipment rooms and service areas.

1. 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.

1. Install piping above accessible ceilings to allow sufficient space for ceiling panel removal, and coordinate with other services occupying that space.

1. Install piping to permit valve servicing.

1. Install nipples, unions, special fittings, and valves with pressure ratings the same as or higher than the system pressure rating used in applications below unless otherwise indicated.

1. Install piping free of sags and bends.

1. Install fittings for changes in direction and branch connections.

1. Install unions in copper tubing at final connection to each piece of equipment, machine, and specialty.

1. Install sleeves for piping penetrations of walls, ceilings, and floors.

1. Install sleeve seals for piping penetrations of concrete walls and slabs.

1. Install escutcheons for piping penetrations of walls, ceilings, and floors.

1. Install shutoff valve immediately upstream of each dielectric fitting.

1. Install gray-water water piping level without pitch and plumb.

1. Comply with requirements for pipe hangers and supports specified in Section 220529 “Hangers and Supports for Plumbing Piping and Equipment.”

3.3                 WATER PIPE JOINT CONNECTIONS

1. Ream ends of pipes and tubes and remove burrs.

1. Remove scale, slag, dirt, and debris from inside and outside of pipes, tubes, and fittings before assembly.

1. Threaded Joints: Thread pipe with tapered pipe threads according to ASME B1.20.1. Cut threads full and clean using sharp dies. Ream threaded pipe ends to remove burrs and restore full ID. Join pipe fittings and valves as follows:

1. Apply appropriate tape or thread compound to external pipe threads.
2. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded or damaged.

1. Brazed Joints for Copper Tubing: Comply with CDA’s “Copper Tube Handbook,” “Brazed Joints” chapter.

1. Soldered Joints for Copper Tubing: Apply ASTM B 813, water-flushable flux to end of tube. Join copper tube and fittings according to ASTM B 828 or CDA’s “Copper Tube Handbook.”

1. Joints for Dissimilar-Material Piping: Make joints using adapters compatible with materials of both piping systems.

1. Examine valve interior for cleanliness, freedom from foreign matter, and corrosion. Remove special packing materials, such as blocks, used to prevent disc movement during shipping and handling.

1. Operate valves in positions from fully open to fully closed. Examine guides and seats made ac- cessible by such operations.

1. 100 Feet and Less: MSS Type 1, adjustable, steel clevis hangers.
   1. Longer Than 100 Feet: MSS Type 43, adjustable roller hangers.

3.       Base of Vertical Piping: MSS Type 52, spring hangers.

1. Support vertical piping and tubing at base and at each floor.

1. Rod diameter may be reduced one size for double-rod hangers, to a minimum of 3/8 inch.

1. Install hangers for copper tubing with the following maximum horizontal spacing and minimum rod diameters:

1. NPS 3/4 and Smaller: 60 inches with 3/8-inch rod.
   1. NPS 1 and NPS 1-1/4 : 72 inches with 3/8-inch rod.
   2. NPS 1-1/2 and NPS 2: 96 inches with 3/8-inch rod.

1. Install supports for vertical copper tubing every 10 feet.

1. Support piping and tubing not listed in this article according to MSS SP-58 and manufacturer’s written instructions.

3.7                 IDENTIFICATION

1. Identify system components. Comply with requirements for identification materials and installation in Section 220553 “Identification for Plumbing Piping and Equipment.”

1. Label pressure piping with system operating pressure.

1. Label all non-potable water piping “NON-POTABLE, DO NOT DRINK.”

3.8                 FIELD QUALITY CONTROL

1. Perform the following tests and inspections:

1. Piping Inspections:

1. Do not enclose, cover, or put piping into operation until it has been inspected and approved by authorities having jurisdiction.
   1. During installation, notify authorities having jurisdiction at least one day before inspection must be made. Perform tests specified below in presence of authorities having jurisdiction:

1)           Roughing-In Inspection: Arrange for inspection of piping before concealing or closing in after roughing in and before setting fixtures.

2)           Final Inspection: Arrange for authorities having jurisdiction to observe tests specified in “Water Piping Tests” Subparagraph and to ensure compliance with requirements.

1. Reinspection: If authorities having jurisdiction find that piping will not pass tests or inspections, make required corrections and arrange for reinspection.
2. Reports: Prepare inspection reports and have them signed by authorities having jurisdiction.

1. Water Piping Tests:

1. Fill gray-water piping. Check components to determine that they are not air bound and that piping is full of water.
2. Test for leaks and defects in new piping and parts of existing piping that have been altered, extended, or repaired. If testing is performed in segments, submit a separate report for each test, complete with diagram of portion of piping tested.
3. Leave new, altered, extended, or replaced gray-water water piping uncovered and unconcealed until it has been tested and approved. Expose work that was covered or concealed before it was tested.
4. Cap and subject piping to static water pressure of 50 psig above operating pressure, without exceeding pressure rating of piping system materials. Isolate test source and allow it to stand for four hours. Leaks and loss in test pressure constitute defects that must be repaired.
   1. Repair leaks and defects with new materials, and retest piping or portion thereof until satisfactory results are obtained.
   2. Prepare reports for tests and for corrective action required.

1. Gray-water piping will be considered defective if it does not pass tests and inspections.

1. Prepare test and inspection reports.

3.9                 ADJUSTING

1. Perform the following adjustments before operation:

1. Close drain valves, hydrants, and hose bibbs.
2. Open shutoff valves to fully open position.

1. Remove plugs used during testing of piping and for temporary sealing of piping during installation.
2. Remove and clean strainer screens. Close drain valves and replace drain plugs.
3. Remove filter cartridges from housings and verify that cartridges are as specified for application where used and are clean and ready for use.
4. Check plumbing specialties and verify proper settings, adjustments, and operation.

3.10              GRAY-WATER PIPING SCHEDULE

1. Transition and special fittings with pressure ratings at least equal to piping rating may be used in applications below unless otherwise indicated.

1. Flanges and unions may be used for aboveground piping joints unless otherwise indicated.

1. Under-building-slab, gray-water piping, NPS 3 and smaller, shall be:

1. Hard copper tube, ASTM B 88, Type K; wrought-copper, solder-joint fittings; and brazed joints.

1. Aboveground gray-water piping, NPS 2 and smaller, shall be the following:

1. Hard copper tube, ASTM B 88, Type L; cast- or wrought-copper, solder-joint fittings; and soldered joints.

3.11              VALVE SCHEDULE

1. Drawings indicate valve types to be used. Where specific valve types are not indicated, the following requirements apply:

1. Shutoff Duty: Use ball valves for piping NPS 2 and smaller.
2. Throttling Duty: Use ball valves for piping NPS 2 and smaller. Drain Duty: Hose-end drain valves.

END OF SECTION 221117

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SECTION 22 13 23 SAND INTERCEPTOR

PART 1 – GENERAL

1.1                 RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2                 SUMMARY

1. Section Includes:
2. Sand interceptors.

1.3                 ACTION SUBMITTALS

1. Product Data: For each type of interceptor. Include materials of fabrication, dimensions, rated capacities, retention capacities, operating characteristics, size and location of each pipe connection, furnished specialties, and accessories.

1. Shop Drawings: For each type and size of precast concrete interceptor indicated.

1. Include materials of construction, dimensions, rated capacities, retention capacities, location and size of each pipe connection, furnished specialties, and accessories.

1.4                 INFORMATIONAL SUBMITTALS

1. Coordination Drawings: Interceptors, drawn to scale, on which the following items are shown and coordinated with each other, using input from installers of the items involved:

1. Piping connections. Include size, location, and elevation of each.

1.5                 FIELD CONDITIONS

1. Interruption of Existing Sewer Services: Do not interrupt services to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary sewer services according to requirements indicated:

1. Notify Owner no fewer than 14 days in advance of proposed interruption of service.
2. Do not proceed with interruption of sewer services without Owner’s written permission.

PART 2 – PRODUCTS

2.1                 SAND INTERCEPTORS

1. Description: Factory-fabricated, stainless steel body and inlet grate; with settlement chamber and removable sediment basket or strainer to a removable, gasketed latched lid.

1. Zurn Model ZS-1182 or approved equal.

1. Outlet Piping Connection: Hubless high inlet and low outlet for left or right-hand installation.

PART 3 – EXECUTION

3.1                 EARTHWORK

1. Excavating, trenching, and backfilling are specified in Section 312000 “Earth Moving.”

3.2                 INSTALLATION

1. Set interceptors level and plumb.

1. Set tops of grating frames and grates flush with finished surface.

1. Set metal interceptors level and plumb.

3.3                 CONNECTIONS

1. Piping installation requirements are specified in Section 221413 “Facility Storm Drainage Piping.” Drawings indicate general arrangement of piping, fittings, and specialties.

1. Make piping connections between interceptors and piping systems.

3.4                 IDENTIFICATION

1. Equipment Nameplates and Signs: Provide equipment nameplate on sand interceptor.

3.5                 PROTECTION

1. Protect sand interceptors from damage during construction period.

1. Repair damage to adjacent materials caused by sand interceptor installation.

END OF SECTION 221323

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SECTION 22 14 13 STORM DRAINAGE PIPING

PART 1 – GENERAL

1.1                 RELATED DOCUMENTS

1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2                 SUMMARY

1. Section Includes: