KANSAS ARMY NATIONAL GUARD - Harbin Construction

KANSAS ARMY

NATIONAL GUARD

Project Manual

KSARNG On-Call Construction

for

Salina Range Laundry Facility

Kansas Army National Guard

Salina, KS

CFMO Project # T-441

A-013753

April, 2019

Construction and Facilities

Management OfficeTopeka, Kansas

(785) 274-1131

Salina Range Laundry Facility Kansas Army National Guard

Salina, KS

Project No. T-441

A-013753

April, 2019

Mechanical / Electrical Engineering Architecture Mark W. Wentzel, P.E. Michael J. Wright, RA

DESIGN TEAM Wilson & Company, Inc., Engineers & Architects

1700 E. Iron Avenue Salina, KS 67401

Phone: 785-827-0433 Direct: 785.820.2641

Salina Range Laundry Facility April, 2019 KANG - Salina, KS CFMO – #T-441

Index of Documents 000110-1

INDEX OF DOCUMENTS

for

PROJECT MANUAL

SPECIFICATIONS ................................................................................................................ pages

DIVISION 1 – GENERAL REQUIREMENTS 000110 Index of Documents ......................................................................................................... 2 000200 Instructions to Bidders ...................................................................................................... 6 004100 Bid Form ........................................................................................................................... 6 006000 Project Forms ................................................................................................................... 4

007200 General Conditions .......................................................................................................... 2 011000 Summary of Work ............................................................................................................ 2 013000 Administrative Requirements ........................................................................................... 4 014000 Quality Requirements ....................................................................................................... 6 016000 Product Requirements ..................................................................................................... 6 017000 Execution Requirements ................................................................................................ 10 017419 Construction & Demolition Material Recycling Requirements .......................................... 6 017800 Closeout Submittals ......................................................................................................... 4 019998 Environmental Management Systems ............................................................................. 2

DIVISION 6 - 10

03 3000 06 1000 07 4213 07 9200 08 1113 09 2116 09 9000 10 4400 PLUMBING PIPING

CAST-IN-PLACE CONCRETE ROUGH CARPENTRY METAL WALL PANELS JOINT SEALANTS HOLLOW METAL DOORS & FRAMES GYPSUM BOARD ASSEMBLIES PAINTING AND COATING FIRE PROTECTION SPECIALTIES

DIVISION 22 – 31

DIVISION 22 - PLUMBING

22 0719 PLUMBING PIPING INSULATION


Index of Documents 000110-2

22 1005 22 3000

PLUMBING PIPING

PLUMBING PIPING PLUMINB EQUIPMENT

DIVISION 23 – HVAC

23 3700 23 8129 PLUMBING PIPING

AIR OUTLETS VRF SYSTEMS

DIVISION 26 - ELECTRICAL

26 0500 BASIC ELECTRICAL MATERIALS AND METHODS 26 0519 CONDUCTORS AND CABLES 26 0526 GROUNDING AND BONDING 26 0533 RACEWAYS AND BOXES 26 1000 26 2416 26 2726 26 2813 26 2816 26 5000

OVERHEAD ELECTRICAL DISTRIBUTION PANELBOARDS WIRING DEVICES FUSES SAFETY SWITCHES LIGHTING

DIVISION 32 – SITE IMPROVEMENTS

NOT APPLICABLE

DIVISION 33 –45

NOT APPLICABLE

DRAWINGS

G-001 – Location Map and Code Information A-101 – Architectural Plans and Details M-001 – Mechanical General Notes and Legend M-101 – Mechanical Plans and Schedules E-101 – Electrical Plans and Details

END OF INDEX


Instructions to Bidders 000200-1

SECTION 000200

INSTRUCTIONS TO BIDDERS

1.1 PROJECT AND BID RECEIPT

A. Project Name and Location:

Salina Range Laundry Facility Kansas Army National Guard Salina, KS

B. Bid Receipt, Day and Time: Bids shall be submitted to The Adjutant General’s Department, Construction and Facilities Management Office, Attention: Jamie

Welch, 2722 SW Topeka Blvd., Topeka, KS 66611 no later than 2:00 PM CST,

April 25th, 2019. Bids may also be submitted electronically via email using PDF attachment to [email protected].

1.2 PRE-BID MEETING AND SITE VISITS

A. Pre-Bid Meeting: A Pre-Bid Conference will held on April 16th, 11:00 am, at the Salina Range Facility, Smoky Hill Bombing Range, 8429 W. Farrelly Rd., Salina, KS 67401. It shall be the responsibility of the bidder to review the site and field conditions under which the work is to be performed prior to submittal of the bid price.

B. Bidders Access to Site: Access to the site is available if prior arrangements are made by contacting Jamie Welch (785) 646-0735 not less than 3 days prior to the day and time requested. [email protected]

1.3 METHODS FOR BID AWARDING

A. Bid Form: Bids must be submitted on the “Bid Form” issued with the Project Manual.

B. Contracts: Award of Contract will be made in a single contract for the Project as a whole.

C. Subcontractor Listing: Kansas Statute KSA 75-3741 as amended, requires Bidders to list and identify the “Major Subcontractor” for mechanical construction, plumbing construction (if separate from mechanical), and electrical construction included as a part of the proposal, when a single contract for the “Project as a Whole” is to be awarded.

1.4 DEFINITIONS

A. Bidding Documents: Bidding Documents include Instructions to Bidders, Bid Form, proposed Contract Documents including Drawings and Specifications, General Conditions of the Contract, sample forms, and Addenda (if any) issued prior to receipt of Bids.

mailto:[email protected]




B. Addenda: Addenda are written or graphic instruments issued prior to the execution of the Contract which modify or interpret the Bidding Documents, including the Drawings and Specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Contract is executed.

1.5 EXAMINATION OF DOCUMENTS AND SITE

A. Before submitting a Bid, Bidder shall carefully examine the Bidding Documents pertaining to the Work and shall visit the location of the Work to verify conditions under which the Work will be performed. Submission of a Bid will be considered presumptive evidence that the Bidder is conversant with local facilities and difficulties, the requirements of the Bidding Documents and of pertinent State and/or local codes, state of labor and material markets, and has made due allowances in his Bid for all contingencies.

B. Include in Bid all costs for labor, materials, equipment, fees, taxes, insurance and other contingencies, with overhead and profit necessary to produce a complete installation of all portions of the Work of the Project covered by the Bid, without further cost to the Owner.

C. Bidder shall carefully examine the Bidding Documents and, not later than 7 days prior to the date for receipt of Bids, shall make written request to the Owner for interpretation or correction of any ambiguity, inconsistency or error therein which he may discover. Only those interpretations or corrections issued by written Addendum are valid and binding. Verbal interpretations or corrections on the part of the Owner or Division of Purchases are invalid.

D. Before submitting a Bid, the Contractor and the Contractor’s subcontractors and material suppliers shall examine the Bidding Documents and if a material or its installation is indicated or specified in a manner not approved by the material manufacturer, notify the Owner.

1.6 ADDENDA

A. Prior to the receipt of Bids, Addenda will be mailed, delivered, or issued by use of facsimile machine.

B. Bidder shall acknowledge receipt of Addenda on the Bid Form in the space provided for such acknowledgement.

1.7 BID PREPARATION

A. Bidders shall submit Bids on the exact Bid Form furnished by the Owner. Fill in all blanks on the Bid Form clearly with typewriter or ink. Erasures or other changes in a Bid must be explained or noted over the signature of the Bidder. Bids shall contain no alterations nor recapitulation of the Work. Failure to quote a price for any portion of the Work so requested in the Bid Form may be cause for rejection of a Bid.



1.8 BIDDER’S REPRESENTATION

A. The Bidder, by submitting his Bid, represents that:

1. The Bidder has read and understands the Bidding Documents and his Bid is made in accordance therewith.

2. The Bidder has personally visited the site and has familiarized himself with the local conditions under which the Work is to be performed.

3. The Bid is based upon the materials, systems and equipment described in the Bidding Documents without exception.

4. The Bidder has not entered into collusion with other Bidders.

5. The Bidder does not have an interest in more than one Bid or submitted more than one Bid under different names.

1.9 SIGNING THE BID FORM

A. The Bidder’s signature shall be in longhand by a principal duly authorized to sign contracts; the signature accompanied by the corporate seal impression if Bid is by a corporation. The Bid Form shall bear the exact post office address of the Bidder. Persons signing as an agent of the Bidder shall submit acceptable evidence of their authority.

B. Bids not signed by the individual making them shall have attached thereto a Power of Attorney evidencing authority to sign the Bid in the name of the person for whom it is signed.

C. Bids signed for co-partnerships shall be signed by all of the co-partners, or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a Power of Attorney evidencing authority to sign the Bid.

D. Bids signed for a corporation shall have the correct corporate name signed in handwriting or in typewriting and the signature of the President or other authorized Officer of the corporation shall be manually written below the written corporate name. If such a Bid is manually signed by an Officer other than the President of the Corporation, a Resolution of the Board of Directors evidencing the authority of such official to sign the Bid shall be attached.

E. For Bids signed for any other legal entity, the authority of the person signing for such legal entity shall be attached to the Bid.



1.10 SUBMISSION OF BIDS

A. The Bid Form and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed as follows.

“BID ENCLOSED Salina Range Laundry Facility – CFMO - #T-441 Salina, KS”

B. If the Bid is sent by mail the sealed envelope shall be enclosed in a separate mailing envelope with the notation “SEPARATE BID ENVELOPE ENCLOSED” on the face thereof.

C. Bids shall be deposited at the designated location no later than the time and date specified for receipt of Bids, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened.

D. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

E. Oral, telephonic, telegraphic or facsimile Bids are invalid and will not receive consideration.

F. Bids may also be submitted electronically via email using PDF attachment to [email protected].

1.11 MODIFICATION OR WITHDRAWAL OF BID

A. A Bid may not be modified, withdrawn or canceled by the Bidder for a period of 90 days following the time and date designated for the receipt of Bids, and Bidder so agrees in submitting his Bid.

B. Prior to the time and date designated for receipt of Bids, Bids submitted early may be modified or withdrawn only by notice to the party receiving Bids at the place and prior to the time designated for receipt of Bids.

C. Notice of modification shall be in writing over the signature of the Bidder or by telegram; if by telegram, written confirmation over the signature of Bidder shall have been mailed postmarked on or before the date and time set for receipt of Bids; it shall be so worded as not to reveal the amount of the original Bid.

1.12 REJECTION OF BIDS

A. The Owner shall have the right to reject any or all Bids, and in particular to reject a Bid not accompanied by data required by the Bidding Documents or a Bid in any way incomplete or irregular.

1.13 AWARD OF CONTRACT

A. A contract will be awarded to the responsible bidder meeting all requirements,




conditions and specifications imposed in the Bidding Documents, but the Director, Division of Purchases, reserves the right to accept any or all bids, reject any or all bids for sufficient reason(s), and to waive technicalities if in the best interest of the State of Kansas.

B. At the time of award, the successful bidder will be provided with the necessary Contract forms, Performance Bond, Public Works Bond or a Certificate of Deposit confirmation, along with the Appointment of a Process Agent Form (when applicable), accompanied by the instructions for execution of each, and will require submission of proof of certain insurance coverages.

C. The executed Contract, bonds (or Certificate of Deposit) and insurance documents, as well as a receipt for filing the Public Works Bond and the Appointment of Process Agent with the Clerk of the District Court in the county where the work is to be performed, shall be returned to and received by the Division of Purchases within 15 working days.

D. Failure on the part of the Contractor to provide the executed documents within 15 working days may result in withdrawing of the award; reawarding to the next lowest responsible bidder, or rebidding of the work; and forfeiture of all or part of the Bid Security.

1.14 PROOF OF REQUIRED INSURANCE

A. Furnish executed Certificates of Insurance covering required insurance coverage.

1.15 PURCHASE ORDER VOUCHER (P.O.V.) AND NOTICE TO PROCEED

A. A written Purchase Order Voucher issued from the Division of Purchases and a written Notice to Proceed issued by the Adjutant General’s Department will not be issued to Contractor until the Contract, Bonds, and Insurance Documents have been executed by all parties and accepted by the Division of Purchases.

B. Prior to the issuance of the Notice to Proceed, the State of Kansas will not be liable for any expenses relating to the Bid or Contract, or any expenses related to their preparation.

1.16 CHANGE ORDERS

A. Changes to the initial Contract will be made by issuance of Change Orders in accordance with the General Conditions of the Contract.

1.17 COMPLETION TIME AND LIQUIDATED DAMAGES

A. Bidder acknowledges that he will substantially complete the Work by the time

specified in the Bid Form, or be subject to specified liquidated damages of $300 per

day.

END OF INSTRUCTIONS TO BIDDERS


Bid Form 004100-1

SECTION 004100

BID FORM

1.1 SUBMITTED TO:

A. Jamie Welch, 2772 SW Topeka Blvd, Building 101, Topeka, KS 66611. E-mail address: [email protected].

1.2 THE PROJECT

A. Project Name and Location:

Salina Range Laundry Facility – CFMO #T-441 Kansas Army National Guard, Salina, KS

1.3 BID ITEMS

A. Bids shall be for the entire and all blank spaces shall be filled in; failure to bid any item will disqualify the entire bid. Each bidder shall use this form as furnished or an exact duplicate thereof.

B. Measurements shown (i.e., SF, LF, etc.) are approximate and are not to be considered for use as unit bidding.

C. Change to cost breakdown for work in connection with the construction of the main facilities and their appurtenances will be made on the basis of the lump sum bid amount for each item.

D. All Bid Items shall include overhead and profit.

E. Bid Items:

1. “Base Bid A”: Salina Range Laundry Facility in accordance with the Contract Documents, including all labor, materials and / or equipment.

“Base Bid A” $______________

“Base Bid A” Itemized Costs; Must total Base Bid:

a. Materials _______ LS $______________

b. Labor _______ LS $______________

c. Equipment _______ LS $______________

Total of Items a., b., and c. (“Base Bid A”) $______________



Bid Form 004100-2

“Alternate Bid #1” $______________

“Alt. Bid #1” Itemized Costs; Must total Base Bid:

a. Materials _______ LS $______________

b. Labor _______ LS $______________

c. Equipment _______ LS $______________

Total of Items d., e., and f. (“Alt. Bid #1”) $______________

1.4 DESCRIPTION OF ALTERNATE ITEMS

A. Descriptions of Alternates may be referenced in Section 011000 – Summary of Work.

1.5 BID ITEMS ITEMIZED COST

A. General: Provide a three item breakdown of costs included in the “Base Bid”. These cost figures shall be subject for inclusion in change orders concerning this project.

B. Item a. Material: All costs in connection with the materials utilized in completing the work, either directly installed or indirectly used, including profit and overhead. The cost associated with this Work makes up one (1) line item.

C. Item b. Labor: All costs in connection with the labor required to complete the installation including profit and overhead. The cost associated with this Work makes up one (1) line item.

D. Item c. Equipment: All material handling/installation equipment used to complete the installation including but not limited to bulldozers, graders, front end loaders, trucks, etc. This includes profit and overhead. The cost associated with this Work makes up one (1) line item.

1.6 SUBSTANTIAL COMPLETION OF THE WORK

A. The undersigned will have the total work of the Project to a point of Substantial Completion, ready for the Owner’s final inspection and the Owner’s acceptance in 90 calendar days or less, following receipt of a written “Notice to Proceed”.

B. The contractor shall provide the date as his estimated date of Substantial Completion. ______ day of ____________________, 2019. This date shall be based on a projected start date of June 1, 2019 or later.

1.7 ADDENDA

A. The Bidder acknowledges receipt of the following Addenda:


Bid Form 004100-3

None (_____) #1 (_____) #2 (_____) #3 (_____) #4 (_____) #5 (_____)

1.8 REVIEW OF SITE CONDITIONS

A. The Bidder(s) acknowledges that he/she has reviewed the site and field conditions under which the work shall be performed. The bid prices stated herein include all costs associated with performing the work under these conditions.

1.9 FEDERAL TAX

A. The Bidder has included the cost for the Federal Excise Tax in all quoted prices, to cover the cost of said tax on all items of construction, equipment and material subject to the same.

1.10 STATE SALES TAX DETERMINATION

A. Article 18 of the General Conditions shall be supplemented as follows:

1. This project has been determined by the Kansas Department of Revenue to be subject to Kansas sales tax. The cost of said tax must be included in all bid and contract prices. Sales tax includes all applicable state, county and city sales tax.

B. A general contractor or other contractor with a contract directly with the State of Kansas or one of its agencies shall pay tax as follows:

1. Labor: No tax will be assessed since the labor is purchased directly by the State or one of its agencies.

2. Materials: Taxes will be assessed on material purchased for the project.

C. A subcontractor on this project shall pay tax as follows:

1. Labor: Taxes will be assessed because this labor is not being purchased directly by the State or one of its agencies.

2. Materials: Taxes will be assessed on materials purchased for the project.

D. The amount of tax to be assessed will vary depending upon whether the project calls for original or other than original construction. The contractor will be responsible for determining and including the correct amount of state, county and city sales tax applicable to this project. Questions should be addressed to the Kansas Department of Revenue, Division of Taxation, Taxpayer Assistance Bureau, 913-296-0222.

E. A general contractor or other contractor with a contract directly with the State of Kansas shall obtain copies of the Kansas Retail Sales Tax Registration Certificates


Bid Form 004100-4

from all of their subcontractors on this project and have them available at the job site upon request.

1.11 AGREEMENTS FOR BIDDING

A. The Bidder agrees to the following terms and conditions for bidding:

1. A single Contract to include total work of the project will be awarded to the responsible bidder offering the lowest price and meeting all the requirements for bidding, and those of the Construction Documents. The successful low bid will be determined by the total Base Bid plus the total of any Alternates/Additives that are accepted by the Owner after all bids are opened.

2. Failure to acknowledge receipt of any Addendum issued may be cause for rejecting a bid.

3. An incomplete bid, or information not solicited included on the Form of Bid, may be a cause for rejecting a bid.

4. A bid is considered incomplete and non-responsible which fails to quote a price for any Alternate/Additive Bid, or other bid, identified and described on the Form of Bid, or elsewhere in the Construction Documents.

5. The Director of Purchases may reject any or all bids and waive technicalities, should such action be deemed in the best interest of the Owner.

6. The Owner may elect to accept or reject any or all Alternate/Additive Bids, or other bids, at the time when authorizing an Award of Contract.

7. Liquidated damages are part of the bid and Construction Documents.

8. The work of the project is subject to payment of State and locally (city/county) levied Sales Tax.

9. The bid, as submitted, remains valid for ninety (90) calendar days following the Director of Purchases receipt, publicly opening and reading.

1.12 SUBCONTRACTOR LISTINGS

A. Electrical Contractor: (If work is to be performed by Bidder’s own forces state “Own Forces” below under name of firm)

B. Plumbing Contractor: (If work is to be performed by Bidder’s own forces state “Own Forces” below under name of firm)

1.13 DECLARATION

A. The undersigned has carefully reviewed all the Bid and Construction Documents, has examined the location for the work, has satisfied himself as to all quantities,


Bid Form 004100-5

conditions, provisions and sources of supply, understands that, in signing and submitting the Bid Form along with an approved bid guarantee, all right is waived to plead any misunderstanding and agrees to be bound by all the terms, conditions, provisions and statements made herein.

B. SIGNATURE (Including corporate seal, when applicable):

Dated this _______________ day of _______________, 2018.

___________________________________________________________ Name of Person, Firm or Corporation (affix corporate seal) ___________________________________________________________ Mailing Address

by: ____________________________________________________ Signature of Owner or Authority

___________________________________________________________ Name and Title of Authority ___________________________________________________________ Business Telephone Number ___________________________________________________________ Federal I.D. Number


Bid Form 004100-6


Project Forms 006000-1

SECTION 006000

PROJECT FORMS

PART 1 - GENERAL

1.1 BONDS

A. Requirements: Prior to Owner issuance of a Notice to Proceed the contractor shall provide to the Owner a fully executed Performance Bond and Public Works Bond for the specific work defined herein. A copy of the Bond forms are bound hereinafter.

END OF SECTION


Project Forms 006000-2

Contract ID: 38088 Page 2

A. TERMS AND CONDITIONS 1. Contract Documents: In the event of a conflict in terms of language among the documents, the following

order of precedence shall govern:

o Form DA 146a; o written modifications to the executed contract; o written contract signed by the parties; o the RFP, including any and all amendments; and o Contractor's written proposal submitted in response to the RFP as finalized.

2. Contract Formation: No contract shall be considered to have been entered into by the State until all

statutorily required signatures and certifications have been rendered and a written contract has been signed by the successful contractor.

3. Notices: All notices, demands, requests, approvals, reports, instructions, consents or other communications

(collectively "notices") that may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows:

Kansas Department of Administration Procurement and Contracts 800 SW Jackson St, Suite 600 Topeka, Kansas 66612-1216 RE: Contract Number (as noted on page 1)

or to any other persons or addresses as may be designated by notice from one party to the other. 4. Termination for Cause: The Director of Purchases may terminate this contract, or any part of this contract,

for cause under any one of the following circumstances:

o the Contractor fails to make delivery of goods or services as specified in this contract; o the Contractor provides substandard quality or workmanship; o the Contractor fails to perform any of the provisions of this contract, or o the Contractor fails to make progress as to endanger performance of this contract in accordance with its

terms. The Director of Purchases shall provide Contractor with written notice of the conditions endangering

performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as State may authorize in writing), the Director of Purchases shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days of the date of the notice.

5. Termination for Convenience: The Director of Purchases may terminate performance of work under this

contract in whole or in part whenever, for any reason, the Director of Purchases shall determine that the termination is in the best interest of the State of Kansas. In the event that the Director of Purchases elects to terminate this contract pursuant to this provision, it shall provide the Contractor written notice at least 30 days prior to the termination date. The termination shall be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may have not been terminated by the notice.

6. Rights and Remedies: If this contract is terminated, the State, in addition to any other rights provided for in

this contract, may require the Contractor to transfer title and deliver to the State in the manner and to the extent directed, any completed materials. The State shall be obligated only for those services and materials rendered and accepted prior to the date of termination.

In the event of termination, the Contractor shall receive payment prorated for that portion of the contract

period services were provided to or goods were accepted by State subject to any offset by State for actual damages including loss of federal matching funds.

The rights and remedies of the State provided for in this contract shall not be exclusive and are in addition to

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any other rights and remedies provided by law.

7. Force Majeure: The Contractor shall not be held liable if the failure to perform under this contract arises out

of causes beyond the control of the Contractor. Causes may include, but are not limited to, acts of nature, fires, tornadoes, quarantine, strikes other than by Contractor's employees, and freight embargoes.

8. Waiver: Waiver of any breach of any provision in this contract shall not be a waiver of any prior or

subsequent breach. Any waiver shall be in writing and any forbearance or indulgence in any other form or manner by State shall not constitute a waiver.

9. Independent Contractor: Both parties, in the performance of this contract, shall be acting in their individual

capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be construed to be the employees or agents of the other party for any purpose whatsoever.

The Contractor accepts full responsibility for payment of unemployment insurance, workers compensation,

social security, income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by this contract.

10. Staff Qualifications: The Contractor shall warrant that all persons assigned by it to the performance of this

contract shall be employees of the Contractor (or specified Subcontractor) and shall be fully qualified to perform the work required. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work under this contract.

Failure of the Contractor to provide qualified staffing at the level required by the contract specifications may

result in termination of this contract or damages. 11. Subcontractors: The Contractor shall be the sole source of contact for the contract. The State will not

subcontract any work under the contract to any other firm and will not deal with any subcontractors. The Contractor is totally responsible for all actions and work performed by its subcontractors. All terms, conditions and requirements of the contract shall apply without qualification to any services performed or goods provided by any subcontractor.

12. Proof of Insurance: Upon request, the Contractor shall present an affidavit of Worker's Compensation,

Public Liability, and Property Damage Insurance to Procurement and Contracts. 13. Conflict of Interest: The Contractor shall not knowingly employ, during the period of this contract or any

extensions to it, any professional personnel who are also in the employ of the State and providing services involving this contract or services similar in nature to the scope of this contract to the State. Furthermore, the Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any state employee who has participated in the making of this contract until at least two years after his/her termination of employment with the State.

14. Confidentiality: The Contractor may have access to private or confidential data maintained by State to the

extent necessary to carry out its responsibilities under this contract. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.) in providing services under this contract. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this contract shall be disseminated by either party except as authorized by statute, either during the period of the contract or thereafter. Contractor agrees to return any or all data furnished by the State promptly at the request of State in whatever form it is maintained by Contractor. On the termination or expiration of this contract, Contractor will not use any of such data or any material derived from the data for any purpose and, where so instructed by State, will destroy or render it unreadable.

15. Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and local

laws, and rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws or rules or regulations may result in termination of this contract.

16. Environmental Protection: The Contractor shall abide by all federal, state and local laws, and rules and

regulations regarding the protection of the environment. The Contractor shall report any violations to the applicable governmental agency. A violation of applicable laws or rule or regulations may result in termination of this contract for cause.

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17. Hold Harmless: The Contractor shall indemnify the State against any and all loss or damage to the extent

arising out of the Contractor's negligence in the performance of services under this contract and for infringement of any copyright or patent occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work under this contract.

The State shall not be precluded from receiving the benefits of any insurance the Contractor may carry which

provides for indemnification for any loss or damage to property in the Contractor's custody and control, where such loss or destruction is to state property. The Contractor shall do nothing to prejudice the State's right to recover against third parties for any loss, destruction or damage to State property.

18. Care of State Property: The Contractor shall be responsible for the proper care and custody of any state

owned personal tangible property and real property furnished for Contractor's use in connection with the performance of this contract. The Contractor shall reimburse State for such property's loss or damage caused by Contractor, normal wear and tear excepted.

19. Prohibition of Gratuities: Neither the Contractor nor any person, firm or corporation employed by the

Contractor in the performance of this contract shall offer or give any gift, money or anything of value or any promise for future reward or compensation to any State employee at any time.

20. Retention of Records: Unless the State specifies in writing a different period of time, the Contractor agrees

to preserve and make available at reasonable times all of its books, documents, papers, records and other evidence involving transactions related to this contract for a period of five (5) years from the date of the expiration or termination of this contract.

Matters involving litigation shall be kept for one (1) year following the termination of litigation, including all

appeals, if the litigation exceeds five (5) years.

The Contractor agrees that authorized federal and state representatives, including but not limited to, personnel of the using agency; independent auditors acting on behalf of state and/or federal agencies shall have access to and the right to examine records during the contract period and during the five (5) year post contract period. Delivery of and access to the records shall be within five (5) business days at no cost to the state.

21. Antitrust: If the Contractor elects not to proceed with performance under any such contract with the State,

the Contractor assigns to the State all rights to and interests in any cause of action it has or may acquire under the anti-trust laws of the United States and the State of Kansas relating to the particular products or services purchased or acquired by the State pursuant to this contract.

22. Modification: This contract shall be modified only by the written agreement and approval of the parties. No

alteration or variation of the terms and conditions of the contract shall be valid unless made in writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be effective.

23. Assignment: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties

under this contract without the prior written consent of the State. State may reasonably withhold consent for any reason.

This contract may terminate for cause in the event of its assignment, conveyance, encumbrance or other

transfer by the Contractor without the prior written consent of the State. 24. Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any third

party. 25. Captions: The captions or headings in this contract are for reference only and do not define, describe,

extend, or limit the scope or intent of this contract. 26. Severability: If any provision of this contract is determined by a court of competent jurisdiction to be invalid

or unenforceable to any extent, the remainder of this contract shall not be affected and each provision of this contract shall be enforced to the fullest extent permitted by law.

27. Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be deemed

executed in Topeka, Shawnee County, Kansas.

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28. Jurisdiction: The parties shall bring any and all legal proceedings arising hereunder in the State of Kansas

District Court of Shawnee County, unless otherwise specified and agreed upon by the State of Kansas. Contractor waives personal service of process, all defenses of lack of personal jurisdiction and forum non conveniens. The Eleventh Amendment of the United States Constitution is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this Agreement shall be deemed a waiver of the Eleventh Amendment.

29. Mandatory Provisions: The provisions found in Contractual Provisions Attachment (DA 146a) are

incorporated by reference and made a part of this contract. 30. Integration: This contract, in its final composite form, shall represent the entire agreement between the

parties and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter hereof. This Agreement between the parties shall be independent of and have no effect on any other contracts of either party.

31. Debarment of State Contractors: Any Contractor who defaults on delivery or does not perform in a

satisfactory manner as defined in this Agreement may be barred for up to a period of three (3) years, pursuant to K.S.A. 75-37,103, or have its work evaluated for pre-qualification purposes. Contractor shall disclose any conviction or judgment for a criminal or civil offense of any employee, individual or entity which controls a company or organization or will perform work under this Agreement that indicates a lack of business integrity or business honesty. This includes (1) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a company or organization if the individual or entity directly or indirectly, or acting in concert with one or more individuals or entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or policies. Failure to disclose an offense may result in the termination of the contract.

32. Immigration and Reform Control Act of 1986 (IRCA): All contractors are expected to comply with the

Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the contractor as well as any subcontractor or sub-contractors. The usual method of verification is through the Employment Verification (I-9) Form.

The contractor hereby certifies without exception that such contractor has complied with all federal and state

laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State's option, may subject the contract to termination for cause and any applicable damages.

Unless provided otherwise herein, all contractors are expected to be able to produce for the State any documentation or other such evidence to verify Contractor's IRCA compliance with any provision, duty, certification or like item under the contract.

33. Worker Misclassification: The contractor and all lower tiered subcontractors under the contractor shall

properly classify workers as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance coverage, unemployment taxes, social security taxes, and income tax withholding. Failure to do so may result in contract termination.

34. Injunctions: Should Kansas be prevented or enjoined from proceeding with the acquisition before or after

contract execution by reason of any litigation or other reason beyond the control of the State, Contractor shall not be entitled to make or assert claim for damage by reason of said delay.

35. Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall be

deemed to be inserted herein and the contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the application of either party the contract shall be amended to make such insertion or correction.

36. Federal, State and Local Taxes: Unless otherwise specified, the proposal price shall include all applicable

federal, state and local taxes. The Contractor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Contract. The State of Kansas is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the bidder's

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price quotation. Upon request, the State shall provide to the Contractor a certificate of tax exemption.

The State makes no representation as to the exemption from liability of any tax imposed by any governmental

entity on the Contractor. 37. Accounts Receivable Set-Off Program: If, during the course of this contract the Contractor is found to owe

a debt to the State of Kansas, agency payments to the Contractor may be intercepted / setoff by the State of Kansas. Notice of the setoff action will be provided to the Contractor. Pursuant to K.S.A. 75-6201 et seq, Contractor shall have the opportunity to challenge the validity of the debt. If the debt is undisputed, the Contractor shall credit the account of the agency making the payment in an amount equal to the funds intercepted.

K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to setoff funds the State of Kansas owes Contractors against debts owed by the Contractors to the State of Kansas. Payments setoff in this manner constitute lawful payment for services or goods received. The Contractor benefits fully from the payment because its obligation to the State is reduced by the amount subject to setoff.

38. Definitions: A glossary of common procurement terms is available at http://da.ks.gov/purch, under

"Purchasing Forms".

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B. SPECIAL PROVISIONS

1. Payment: Payment shall be made after receipt of goods or services in agreement with Kansas Law.

Payments shall not be made for costs or items not listed in the bidder's response. 2. Invoices: Each purchase order must be individually invoiced. Invoices shall be forwarded to the using

agency in duplicate and shall state the following:

• date of invoice. • date of shipment (or completion of work); • purchase order number and contract number; • itemization of all applicable charges; and • net amount due.

3. Contract Price: Statewide contracts are awarded by Procurement and Contracts to take advantage of

volume discount pricing for goods and services that have a recurring demand from one or more agencies. However, if a state agency locates a vendor that can provide the identical item at a lower price, a waiver to "buy off state contract" may be granted by Procurement and Contracts.

4. On-Site Inspection: Failure to adequately inspect the premises shall not relieve the successful vendor

from furnishing without additional cost to the State any materials, equipment, supplies or labor that may be required to carry out the intent of this Solicitation. Submission of a bid response shall be construed as evidence that the vendor has made necessary examination, inspection and investigation. Failure to properly inspect the site may result in rejection of the vendor's bid response.

5. Submission of the Bid Response: Submission of the bid response will be considered presumptive

evidence that the vendor is conversant with local facilities and difficulties, the requirements of the documents and of pertinent State and/or local codes, state of labor and material markets, and has made due allowances in the bid response for all contingencies. Later claims for labor, work, materials, and equipment required for any difficulties encountered which could have foreseen will not be recognized and all such difficulties shall be properly taken care of by Contractor at no additional cost to the State of Kansas.

6. Public Works Bond: The Contractor shall file with the Director of Purchases a Public Works Bond as required by K.S.A. 60-1111 in an amount equal to one hundred percent (100%) of each project’s price and shall be filed with the Clerk of the District Court in the County where the project is being constructed.

The guaranty shall be returned to the Contractor upon the completion of the project subject to total or partial forfeiture for failure to perform adequately the terms of this contract. If damages exceed the amount of the guaranty, the State may seek additional damages. A Public Works Bond is not required for Projects with a contract price below $100,000.00. Necessary bond forms will be furnished by the State and can be completed by any General Insurance Agent. Bonds shall be issued by a Surety Company licensed to do business in the State of Kansas.

7. Optional Performance and Payment Guarantee:

A. The Contractor may elect to use a certificate of deposit as a performance and payment guarantee in

lieu of providing a Public Works Bond. The certificate of deposit shall have a value of not less than the amount of the Contract, and shall serve the purpose of the Public Works Bonds.

B. The Director of Purchase may accept a certificate of deposit payable to the State of Kansas, without condition, in lieu of any required surety bond from a bidder or contractor in the case of any contract for construction, repairs or improvements under K.S.A. 75-3739, 75-3741 or 60-1111 and amendments thereto.

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C. The certificate of deposit shall be subject to forfeiture to the State of Kansas and shall be in a form and under such conditions as may be prescribed by the Director of Purchase for surety bonds in accordance with K.S.A. 60-1112 and amendments thereto.

D. Each such certificate of deposit shall be retained by the State for at least six (6) months after the final acceptance of the work for which the contract was entered into. At the end of such time period, the certificate of deposit may be endorsed back to the Contractor if there are no claims by the State under the Contract or by any person making a claim against the certificate of deposit.

E. All interest accruing under any such certificate of deposit shall belong to the contractor unless the certificate of deposit is forfeited to the State of Kansas.

8. Construction Project Subcontractors: Kansas Statute K.S.A. 75-3741 as amended, requires a Bidder

to list and identify the "Major Sub-Contractors" for Mechanical Construction, Plumbing Construction, and/or Electrical Construction included as a part a Project Proposal, when a Single Agreement for the "Project as a whole" is to be awarded.

9. Insurance: The Contractor shall present an affidavit of Worker's Compensation, Public Liability, and

Property Damage Insurance to Procurement and Contracts.

A. The Contractor shall not commence work under this Contract until the Contractor has obtained all the insurance required under this Article and such insurance has been approved by the Owner under the terms of this agreement. The Contractor shall not allow any subcontractor to commence work on the subcontract until the insurance required of the subcontractor has been so obtained and approved.

Companies providing insurance coverage must be authorized to transact the business of insurance in Kansas as an authorized insurer or eligible "non-admitted" insurer in accordance with K.S.A. 40-214 and K.S.A. 40-246e, respectively. Automobile liability and workers compensation insurance coverage must be obtained from insurers that are "authorized" to transact the business of insurance in Kansas pursuant to K.S.A. 40-3103 and K.S.A. 44-532, respectively.

B. The Contractor shall procure and maintain at its expense, from the date of the Contractor's receipt of a Notice to Proceed until acceptance of the entire work by the Owner, the following insurance:

1. Worker's compensation insurance for the Contractor, all partners and employees working on the project. The Contractor shall require all subcontractors to provide workmen's compensation for themselves, their partners and employees to be engaged in such work unless the subcontractor's employees are covered by the Contractor's workers' compensation coverage. The Contractor and all subcontractors shall include employer’s liability coverage with a one hundred thousand dollars ($100,000) limit for each accident; disease-policy limit; and disease-each employee limit.

2. Commercial general liability insurance, in an amount not less than five hundred thousand dollars ($500,000) each occurrence for bodily injury and property damage, a general aggregate of one million dollars and a products-completed operations aggregate of one million dollars ($1,000,000). Commercial general liability shall include the following coverages: operations; broad form property damage; completed operations; independent contractors and contractual.

3. Automobile liability insurance in an amount not less than five hundred thousand dollars ($500,000) for bodily injury and for property damage combined. Said coverage shall cover all owned, non-owned or hired vehicles of the contractor.

C. Scope of insurance and special hazards: The insurance provided under paragraph B above shall provide protection for the Contractor and his subcontractors against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of work under this Contract such as but not limited to: blasting, explosion, collapse, underground, rigging and hoisting, railroad protective, elevators and hoists.

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D. Upon owner’s request, the principal contractor shall procure and maintain special form builder's risk insurance to include theft to protect the mutual interest of the owner and the contractor in an amount of one hundred percent (100%) of the contract price. No other contractor is required to carry the special form builder's insurance on this project. The insurance is to apply from the contractor's receipt of a Notice to Proceed until acceptance of the entire work by the owner.

E. The principal Contractor's property coverage shall name the Owner and all contractors and/or subcontractors performing work on the project as additional insureds.

F. The principal Contractor's general liability coverage (excluding professional liability) shall name the Owner and Project Architect/Engineer on the project as additional insureds.

G. Subcontractors' insurance: The contractor shall either (1) require each of his subcontractors to procure and maintain during the life of his subcontract commercial general liability insurance, and automobile liability insurance of the type and in the same amount specified in the preceding paragraphs; or (2) insure the activities of his subcontractors in his own policies.

H. Proof of insurance: The Contractor shall furnish the Owner with certificates showing the types, amounts, special coverages, effective dates and dates of expiration of policies. Such certificates shall provide the insurance company endeavor to give thirty (30) days notice of policy cancellation to the certificate holder.

10. Materials and Workmanship: The Contractor shall perform all work and furnish all supplies and

materials, machinery, equipment, facilities, and means, necessary to complete all the work required by this solicitation, within the time specified, in accordance with the provisions as specified.

11. Implied Requirements: All products and services not specifically mentioned in this RFP, but which are

necessary to provide the functional capabilities described by the specifications, shall be included. 12. Industry Standards: If not otherwise provided, materials or work called for in this contract shall be

furnished and performed in accordance with best established practice and standards recognized by the contracted industry and comply with all codes and regulations which shall apply.

13. Indefinite Quantity Contract: This Solicitation is for an open-ended contract between a vendor and the

State to furnish an undetermined quantity of a good or service in a given period of time. An estimated quantity based on past history or other means may be used as a guide.

14. Prices: Prices shall remain firm for the entire contract period. Prices shall be net delivered, including all

trade, quantity and cash discounts. Any price reductions available during the contract period shall be offered to the State of Kansas. Failure to provide available price reductions may result in termination of the contract.

15. Price Adjustments: On the yearly anniversary date of this contract, prices as bid may remain at the

price bid or may be based on a price adjustment, either upward or downward, keyed to industry and changes. Contractor shall furnish figures at least thirty (30) days prior to expiration date to substantiate any claim for increase. Price increases shall not exceed five percent (5%) of the existing contract. If parties to the contract cannot agree on renewal terms, it is hereby understood that the contract will be re bid.

16. Certification of Specifications Compliance: By submission of a response and the signatures affixed

thereto, the bidder certifies all products and services proposed in the RFP meet or exceed all requirements of this specification as set forth in the RFP.

17. Experience: All bidders must have a minimum of three (3) years continuous active participation in the

applicable industry as a distinct company, providing equipment and systems comparable in size and complexity to the equipment and systems specified.

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Bidders may be required to furnish information supporting the capability to comply with conditions for bidding and fulfill the contract if receiving an award of contract. Such information may include, but not be limited to, a list of similar size and type projects the Bidder has completed.

18. Sales Tax Determination will be based on a project-by-project basis.

A. The using agency shall notify the contractor at the time a project is solicited whether the project is tax

exempt. If the project is tax exempt, the cost of said tax must be EXCLUDED FROM all Bid and Contract prices. Sales tax includes all applicable state, county and city sales tax. "The Owner's Business Office will provide the Contractor with a tax exemption number for his use."

B. If a project is NOT tax exempt, the cost of said Tax must be INCLUDED IN all Bid and Contract prices.

Sales tax includes all applicable state, county and city sales taxes.

1. A general contractor or other contractor who contracts directly with the State of Kansas or one of its agencies shall pay tax as follows:

a. Labor: No tax will be assessed since the labor is purchased directly by the State or one of its

agencies.

b. Materials: Taxes will be assessed on material purchased for the project. 2. A subcontractor on this project shall pay tax as follows:

a. Labor Taxes will be assessed because this labor is not purchased directly by the state or one of its agencies. (However, labor will not be taxed on projects calling for the original construction of a building or for repair or remodeling of a residence).

b. Materials: Taxes will be assessed on materials purchased for the project.

3. Whether sales tax should be paid to the Department of Revenue by a subcontractor on the

subcontractor's labor services will depend upon whether the project qualifies as the original construction of a building or facility or as the repair or remodeling of a residence. The contractor and each subcontractor will be responsible for determining whether labor services for the project qualifies for such exemption and for including the correct amount of state, county and city sales tax applicable to this project. Contractors and subcontractors must include all sales tax due on materials, which are not exempt on this project. Any questions should be addressed to the Kansas Department of Revenue, Division of Taxation, Taxpayer Assistance Center. (785) 296-0222.

4. A general contractor or other contractor that contracts directly with the State of Kansas shall obtain

copies of the Kansas Retailers Sales Tax Registration certificates from all its subcontractors on this project and have them available at the jobsite upon request.

19. Code Review: Projects must receive a Code Review by the Office of Facilities and Property

Management, when applicable. It is the agency’s responsibility to verify a code review is required. Failure to obtain the necessary review may result in cancellation of the project and possibly the contract.

20. State Construction Projects Code Review: As determined by the Office of Facilities and Property Management (OFPM), State construction projects may require a code review. The Agency shall obtain a project number from OFPM by completing OFPM DCC Form 935. OFPM will determine if a code review is required from the project information provided on DCC Form 935. The Agency will be advised if insufficient information has been provided to make a code review determination. Additional information will be requested to assist in making a determination. Regardless of whether a code review is required, OFPM will determine which codes are applicable to construction, equipment, materials and installation work (see Article 27 Duties of the Contractor, paragraph T. Required Code Inspections for State construction projects). “State Construction Projects” shall mean a construction project funded in part or whole by state funds or authorized bonds and/or construction affecting a state building or property.

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To obtain further information, the OFPM website can be accessed at: http://www.da.ks.gov/fp/

21. Project Bidding: The contract user (owner, agency) will supply written specifications for the desired

project. The owner will solicit bids from ALL on-call contractors. The contractor, at his discretion shall prepare a proposal response for the contract user by the date and time specified. The proposal response shall include the contractor’s availability to complete the project by the timeframe specified. Bid responses that cannot complete the project within the specified timeframe may be considered unresponsive and rejected. The project will be awarded to the lowest responsive bid received, if costs are within the owner’s project budget.

Contractors who have documented performance issues may be prevented from submitting proposals until outstanding issues have been satisfactorily resolved. An award of the project is subject to timely execution of any applicable bond(s). Projects awarded under this contract shall NOT exceed $250,000.00 without the prior approval of the Director of Purchases and the Deputy Director of Facilities and Property Management.

22. Change Orders: The agency will make every attempt to reduce the potential for project change orders.

Should change orders be necessary, the agency and contractors are expected to complete, approve and submit an approved Change Order form allowing for signatures by all parties.

23. Site Examination:

A. Before submitting a bid, each contractor shall carefully examine all Construction Contract Documents pertaining to the work and visit the location of the work to verify conditions under which the work will be performed. Submission of a bid will be considered presumptive evidence the bidder is conversant with local facilities and difficulties, requirements of the Construction Contract Documents and pertinent State and/or local codes and the labor and material markets and that he has made due allowances in his bid for all contingencies. Failure to visit the location of the work may be grounds to reject a bid.

B. Include in bid all costs for labor, materials, equipment, fees, taxes, insurances and other contingencies, with overhead and profit, as necessary to produce a complete installation of the work specified under headings covered by the bid (including all trades specified) without further cost to the Owner.

24. Surveys, Permits and Regulations:

A. If additional site information is required beyond that shown in the Contract Documents, the Contractor shall be responsible for all site, topography and property surveys not provided.

B. The Contractor shall pay all fees and shall procure all applications, permits, licenses and approvals necessary for the execution of his Contract. See K.S.A. 75-3741c.

C. The Contractor shall give all notices and comply with all State and Federal laws, codes, rules and regulations relating to the performance of the Work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities.

D. If charges for water, sewer and other utility connections made by municipalities are costs which the State is obligated to pay, the Contractor shall pay these charges where required by the Specifications.

25. Duties of the Contractor:

A. The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, and superintendence, and coordination of subcontractors necessary to execute, complete, and deliver the work within the specified time. Whenever the Contract Documents indicate work to be performed by the Contractor, it shall mean at the Contractor’s expense.

B. Properly prepare all Work to receive subsequent Work or finish. Notify the Project Architect/Engineer if any Work is unsatisfactory to receive such subsequent Work or finish and receive his instructions before proceeding.

C. The Contractor shall supply sufficient and competent supervision and personnel, and sufficient material, plant, and equipment to prosecute the Work with diligence to insure completion thereof within the time specified in the Contract Documents, and shall pay when due any laborer,

http://www.da.ks.gov/fp/

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Subcontractor of any tier, or supplier.

D. The Contractor, if an individual, shall give the Work an adequate amount of personal supervision, and if a partnership or corporation or joint venture the Work shall be given an adequate amount of personal supervision by a partner or executive officer, as determined by the Owner’s Representative.

E. The Project Architect/Engineer and the Owner’s Representative shall, at all times, have access to the Work; and Contractors shall provide proper facilities for such access.

F. The Contractor and each of his Subcontractors of any tier shall submit to the Owner such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data as the Owner may request concerning work performed or to be performed under the Contract.

G. The Contractor shall be represented at the site by a competent superintendent or foreman from the beginning of the Work until its final acceptance, unless otherwise permitted by the Owner’s Representative. The superintendent or foreman for the Contractor for the general building Work shall exercise general supervision over all Subcontractors of any tier engaged on the Work with decision making authority of the Contractor. It is understood that such representative shall be acceptable to the Project Architect/Engineer and Owner, and shall not be replaced without written permission before the project is completed unless he ceases to be on the Contractor's payroll. The superintendent shall be replaced upon request of the Owner.

H. The Contractor shall attend preconstruction conference with all of his appropriate subcontractors.

I. The Contractor shall attend all project meetings with all of his appropriate subcontractors.

J. The superintendent or foreman shall establish and maintain a permanent benchmark to which access may be had during the progress of the Work, shall give all lines and levels, and shall be responsible for the correctness of such. The contractor shall retain the services of a registered land surveyor for the project construction staking and layout if referenced in the Supplemental General Conditions.

K. No pleas as to act, orders or supervision of the Architect, the Owner, or any other person shall be admitted in justification of any errors in construction or departure from terms of the Contract, except for duly executed change orders, additional instructions or additional supplemental contracts, in writing, signed by the Owner.

L. The Contractor shall be responsible for layout of his own work and for any damage which may occur to work of any other Contractor or subcontractors of any tier, because of errors or inaccuracies on the part of this Contractor and his Subcontractor of any tier as well as be responsible for unloading, uncrating, and handling of all materials and equipment to be erected or placed by him, whether furnished by the Contractor or others. The Contractor is further responsible that the layout of work by Subcontractors of any tier which shall be coordinated with layouts of all general construction Work and all other subcontract work. Unless otherwise directed by the Owner’s Representative, salvage materials, waste, and scrap resulting from such work shall be promptly removed from the site by the Contractor, at his expense.

M. The Contractor shall limit operations and storage of materials to the area within the project limit lines shown on drawings, except as necessary to connect to existing utilities, shall not encroach on neighboring property, and shall exercise caution to prevent damage to existing structures.

N. The contractor shall follow procedures outlined below for all utility outages/tie-ins:

1. All shutting of valves, switches, etc shall be in conjunction with or by the Owner’s personnel.

2. The Contractor shall request an outage/tie-in meeting at least two weeks before the outage/tie-in is required.

3. The Owner’s Representative will schedule an outage/tie-in meeting at least one week prior to the outage/tie-in.

4. The following individuals shall attend this meeting:

(a) Owner’s Representative

(b) Contractor’s Superintendent

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(c) Subcontractor of any tier performing the Work

5. The Contractor shall be prepared to discuss the following at this meeting:

(a) Date and time of proposed outage/tie-in.

(b) Detailed work plan to be followed during the outage and the total time required to complete all work.

(c) Work force to be employed during the outage.

(d) Owner and/or utility responsibilities during the outage.

(e) Contingency plan in case of complications (i.e., the availability of additional personnel and materials) during the outage.

6. The Contractor shall be aware that the outage/tie-in time and date is subject to approval by the Owner’s Representative.

O. The Contractor shall coordinate all Work so there shall be no prolonged interruption of existing equipment and services. Any existing plumbing, heating, ventilation, air conditioning, or electrical disconnection necessary, which affect portions of this construction or building or any other building, must be scheduled with the Owner’s Representative to avoid any disruption of operation within the building under construction or other buildings or utilities. In no case shall utilities be left disconnected at the end of a work day or over a weekend. Any interruption of utilities, either intentionally or accidentally, shall not relieve the Contractor from repairing and restoring the utility to normal service. Repairs and restoration shall be made before the workers responsible for the repair and restoration leave the job.

P. The Contractor shall promptly remedy damage and loss to property referred to in this Article caused in whole or in part by the Contractor, a Subcontractor of any tier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable, and for which the Contractor is responsible under this Article.

Q. The Contractor shall be responsible for protection, including weather protection, and proper maintenance of all equipment and materials installed, or to be installed by him.

R. The Contractor shall be responsible for care of his finished Work and must protect same from damage or defacement until acceptance by Owner. All damaged or defaced work shall be repaired or replaced to the Owner’s satisfaction, without cost to the Owner.

S. The Contractor shall comply with all applicable ordinances and regulations. The Contractor shall hold the Owner and the Project Architect/Engineer harmless as a result of any failure to do so.

T. Required Code inspections necessary for Occupancy

It is the responsibility of the Contractor to coordinate with OFPM to schedule required code inspections. The Agency will assist the contractor in obtaining OFPM inspection contact information. Request for OFPM inspections shall reference the OFPM issued project number. An OFPM inspection will not be scheduled without an OFPM project number. The Agency and architect/engineer are to be informed of all scheduled required code inspections. Code inspections are required to be performed by OFPM prior to covering the work. These inspections include, but are not limited to the following:

1. Footings and Foundations 2. Underfloor/Underslab 3. MEP Underground (not associated with underfloor/underslab) 4. Framing 5. In-Wall 6. Fire-resistive assemblies and fire-resistant penetrations 7. Above Ceiling 8. Fire Alarm (Note: Fire Alarm shop drawings require review and acceptance by OFPM) 9. Sprinkler/Standpipe (Note: Sprinkler/standpipe shop drawings require review and acceptance by

OFPM) 10. Emergency Lighting

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11. Back-up Power Sources 12. Fire Pump 13. Elevator 14. Roof inspections (including tear-off, insulation, membrane placement, flashing) 15. Emergency Power 16. Smoke Control Systems 17. Pressure testing of all piping 18. Locking systems 19. Final Inspections (including exit path and ADAAG verification) (This information is also outlined on the Occupancy Checklist form located at the OFPM website www.da.ks.gov/fp/.)

The required code inspections shall be coordinated with the OFPM inspector via cell telephone. A minimum of 3 work days notice is required prior to the proposed inspection date. Failure to give sufficient notice may result in postponing the inspection. Failure to obtain a required inspection for a Certificate of Occupancy will result in denial of issuance of the Certificate of Occupancy. (Please note: The inspector is to be notified of each required inspection. The inspector, at his discretion, may defer this inspection. The inspector will inform the contractor and agency representative regarding who will be performing the inspection.) An Inspection Record will be issued by OFPM inspectors for each required inspection. The Inspection Record will indicate when the inspection is approved. If a deficiency is noted during an inspection, it will be the responsibility of the contractor to coordinate a solution with the Project Architect/Engineer and to correct all noted deficiencies as directed by the Project Architect/Engineer. Issuance of the Certificate of Occupancy is dependent on resolution of all deficiencies.

U. When requested by the Project Architect/Engineer, Construction Representative, and the Owner’s

Representative, the Contractor, at no extra charge, shall provide a safe means for examination of work in progress or completed.

V. No project signs shall be erected without the approval of the Owner’s Representative.

W. The Contractor shall verify all measurements. No extra charges or compensation will be allowed as a result of the failure to verify dimensions before ordering materials or fabricating items.

X. The Contractor shall provide, at the proper time, such material as required for support of the Work. If openings or chases are required, whether shown on drawings or not, the Contractor shall see they are properly constructed. If required openings or chases are omitted by the Contractor, the Contractor shall provide them at the Contractors own expense, but only as directed by the Project Architect/Engineer.

Y. The Contractor shall maintain at his own cost and expense, adequate, safe and sufficient walkways, platforms, scaffolds, ladders, hoists, and all necessary, proper, and adequate equipment, apparatus, and appliances useful in carrying on the Work and to make the place of work safe and free from avoidable danger, and as may be required by safety provisions of applicable laws, ordinances, rules, regulations, and building and construction codes.

Z. The Contractor shall be responsible for removal of all rubbish, debris, and dirt resulting from the Work and shall clean up as requested by the Project Architect/Engineer, Construction Representative, and the Owner’s Representative. The Contractor shall be responsible for the cost of clean up and removal from premises. All debris resulting from said removal shall be disposed of off State owned property at an authorized dump site. The building and premises shall be kept clean, safe, in a workmanlike manner, and in compliance with OSHA standards at all times. At completion of Work, all dirt, stains, and smudges shall be removed from every part of the building, all glass in doors and windows shall be washed, and entire Work shall be left broom clean in a finished state ready for occupancy. The Contractor shall advise his Subcontractors of any tier of this provision, and the Contractor shall be fully responsible for leaving the premises in a finished state ready for use to the satisfaction of the Owner’s Representative. In detention facility projects, the contractor shall return all security related shop drawings to the Owner.

AA. The Contractor shall accurately record on blue line prints all changes to the original plans made

http://www.da.ks.gov/fp/

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during the installation of the work. The Contractor shall also record all changes to the original specifications made during the installation of the work. The Contractor shall maintain an updated set of Record Documents (both drawings and specifications) at the job site throughout construction (if there is an on-site office). This set of Record Documents shall include all addenda, change orders, field revisions, changes, and alterations that occur during construction and shall be furnished, in good condition, to the Project Architect/Engineer prior to completion of the project.

BB. The Contractor shall establish and be responsible for wall and partition locations. Other Contractors and Subcontractors of any tier shall observe these locations and be responsible for setting their sleeves, openings, or chases.

CC. The Contractor for construction work shall pump, bail, or otherwise keep general excavations free of water. Subcontractors of any tier shall keep their individual excavations free of water in an approved manner. The Contractor shall keep all areas free of water before, during, and after concrete placement.

DD. The Contractor shall be responsible for cutting, fitting or patching required to complete the work or to make its parts fit together properly.

EE. The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching, or otherwise altering such construction or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and such separate contractor, such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or separate contractor the Contractor’s consent to cutting or otherwise altering the Work.

FF. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract Documents, and shall complete the entire Work to the extent of quality and workmanship implied by the Contract Documents and in a manner which will warrant acceptance by the Project Architect/Engineer and the Owner.

GG. Contractors and Subcontractors employed upon Work shall be required to conform to labor and employment laws of the State of Kansas and various acts amendatory and supplementary thereto and to other laws, ordinances and legal requirements applicable thereto.

HH. The Contractor shall be responsible for the conduct of Contractor's employees and the employees of subcontractors and suppliers on the work site. The Contractor shall take immediate steps to remedy any activity which may be construed as discriminatory or which creates a hostile work environment. Activities covered by this provision include, but shall not be limited to, signs or language that are vulgar, profane or racially or sexually derogatory.

II. The contractor shall inspect the building and complete deficiencies before the Project Architect/Engineer’s final inspection in order to avoid long and multiple punch lists. The building shall be cleaned before the final inspection to allow all defects to be noticed at the final inspection and reduce late additions to the punch list.

26. Protection of Work and Property:

A. In the event of temporary suspension of work, or during inclement weather, or whenever the Project Architect/Engineer shall direct, the Contractor shall, and shall cause his subcontractors to carefully protect his and their work and materials against damage from the weather. If, in the opinion of the Project Architect/Engineer, any work or materials that have been damaged by reason of failure on the part of the Contractor or any of his subcontractors to protect the work, such materials shall be removed and replaced at the expense of the Contractor.

B. The Contractor shall at all times safely guard the Owner's property from damage or loss in connection with his Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The Contractor shall replace or make good any such damage or loss unless such is caused directly by errors contained in the Contract Documents, or by the Owner, or his duly authorized representative.

C. In case of an emergency which threatens loss or damage of property, or safety of life, the Contractor will be allowed to act, without previous instructions from the Project Architect/Engineer, in a diligent

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manner. He shall notify the Project Architect/Engineer promptly thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Project Architect/Engineer for approval.

D. The Contractor shall be responsible for and shall pay for all damage to building, walks, pavement, steps, plantings, lawns and any other property which is caused by construction activity. Any such damage shall be corrected by repair or replacement as directed by the Project Architect/Engineer and in a manner acceptable to the Owner.

E. The Contractor shall transport, handle, store and erect materials in a manner to keep them free from damage.

F. The Contractor shall support no runways, ramps or construction equipment on or transport over any items or assemblies subject to displacement, disfigurement or other damage.

G. The Contractor shall protect Work in place which requires job-finishing until said finishing has been completed.

H. The Contractor shall protect previously placed Work with suitable coverings or other protections during installation of subsequent Work. Remove any foreign materials from surfaces, and then clean same immediately with materials that will not damage finished Work (brick, aluminum, etc.) to the satisfaction of the Project Architect/Engineer.

27. Safety:

A. The Contractor shall designate a responsible member of the Contractor’s organization at the site

whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner’s Representative and Architect.

B. Precaution shall be exercised by the Contractor at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws and building and construction codes shall be observed. Machinery, equipment and hazardous conditions shall be guarded, including warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America; and Occupational Safety and Health Standards, published by Occupational Safety and Health Administration, U.S. Department of Labor; or their successor publications., latest and best edition, amendments or addenda.

C. All contractors/suppliers hereby agree to comply with all applicable occupational safety, health and environmental laws, regulations, standards, codes and/or ordinances at all times from inception through completion of this Contract. This includes, but is not limited to, the Hazard Communication Standard under the Occupational Safety and Health Act (for information and free assistance, contact the Kansas Department of Labor, Division of Industrial Safety and Health, 512 S.W. 6th Street, Topeka, Kansas 66603-3150, telephone 913-296-4386); and the Emergency Planning and Community Right-to-Know Act (for information and free assistance, contact the Kansas Department of Health and Environment Right-to-Know Program, 109 S.W. 9th Street, Suite 501, Topeka, Kansas 66612-1290, telephone (785-296-1690).

D. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations, and lawful orders of authorities having jurisdiction bearing on safety of persons or property or their protection from damage, injury, or loss.

E. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.

F. The Contractor shall be responsible for the safety of all persons while on the construction site. The Contractor shall maintain construction area safety which may include providing and maintaining warning signs, lights, signal devices, barricades, guard rails, fences, and other devices appropriately located on site which shall give proper and understandable warning to all persons of danger, entry onto land, structure, or equipment as required by code and all other regulatory requirements.

G. If the Contractor encounters on the site, material believed to be hazardous which has not been

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rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Architect and the Owner’s Representative in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Architect and Contractor if in fact the material is hazardous and has not been rendered harmless. Hazardous materials are those as defined by Kansas Department of Health and Environment’s response list.

H. The Contractor shall promptly take precautions which are necessary and adequate against conditions created during the progress of the Contractor’s activities hereunder which involve a risk of bodily harm to persons or a risk of damage to property. The Contractor shall continuously inspect Work, materials, and equipment to discover any such hazardous conditions and shall be solely responsible for correction of any such conditions.

I. It shall be the sole responsibility of the Contractor to enforce or direct safety rules or procedures. It shall not be the responsibility of the Owner or Project Architect/Engineer to enforce or direct safety rules or procedure.

J. Contractor shall hold harmless and indemnify the Owner and Project Architect/Engineer from damages and expenses from any and all claims related to this Article for bodily injury or property damage or expenses incurred by any person or firm.

K. The Contractor shall properly execute the work before proceeding to the next step in sequence so as not to endanger the safety of all persons while on the construction site.

28. Right of Owner to Suspend Project:

A. The Owner may, without cause, order the Contractor in writing to suspend, delay, or interrupt the

Work in whole or in part for such period of time as the Owner may determine.

B. An adjustment will be made for increases in the cost of performance of the Contract caused by suspension, delay or interruption. No adjustment will be made to the extent:

1. that performance is, was, or would have been so suspended, delayed or interrupted by another cause for which the Contractor in whole or in part is responsible, or

2. that an equitable adjustment is made or denied under another provision of this Contract.

C. Should the Owner be prevented or enjoined from proceeding with the work either before or after the start of construction by reason of any litigation, act of God, or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay; such determination to be set forth in writing. The Contractor will not be required to hold his bid price for longer than three months. The Owner may either negotiate a Change Order with the Contractor for any additional costs, or terminate the Contract following the three-month period. Should the Contract be terminated, the Contractor will be compensated for all work performed to date on the Contract.

29. Subcontractor Payment Indemnification: The Contractor agrees that he will indemnify and hold the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material suppliers, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in the furtherance of the performance of this Contract.

30. General Guarantee:

A. The Contractor shall remedy and make good all defective workmanship and materials and pay for any

damage to other work or property resulting therefrom, which appear within a period of one year from the date of final project completion, providing such defects are not clearly due to abuse or misuse by Owner. The Owner will give notice of observed defects with reasonable promptness. The one (1) year period will not apply to defective workmanship and materials not discovered within the one year period.

B. Neither the final certificate for payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any expressed warranties or responsibility for faulty materials or workmanship.

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C. The guarantee on all work covered under this contract shall begin on the date of Final Project

Completion or substantial completion if applicable. If the building is partially occupied, the date of partial occupancy shall establish the beginning date for the guarantee period for that section of the building and for all equipment in place, operable and used for this area. Any additional work in this area shall be considered warranty work by the Contractor.

D. Where guarantees or warranties are required in sections of specifications for periods in excess of one year, such longer terms shall apply.

E. Within nine months after official acceptance of a Project, the Owner, the Contractor and the Project Architect/Engineer shall conduct a full inspection of the completed project and the Contractor shall promptly correct all items noted.

F. If, within one year after the date of Final Completion of the Work or designated portion thereof, or after the date for commencement of warranties, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found not to be in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Project Architect/Engineer to do so unless the Project Architect/Engineer has previously given the Contractor a written acceptance of such condition.

G. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of time period of one year as described in this Article relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time with which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the his obligations other than specifically to correct the Work.

31. Arbitration, Damages and Warranties: Notwithstanding any language to the contrary, no interpretation of this Contract shall be allowed to find the State or any agency thereof has agreed to binding arbitration, the payment of damages or penalties upon the occurrence of a contingency, or to permit disclaimer of any or all warranties.

32. Drug Testing: Bidders are advised that in some circumstances federal regulations require drug testing of

employees who install or maintain pipelines. Bidders should determine if drug testing is required on this project and include in its bid the complete cost for all such testing. Questions concerning these requirements should be directed to the Kansas Corporation Commission, Natural Gas Operations, 1500 S.W. Arrowhead Road, Topeka, Kansas 66604-4027, (785) 271-3100.

33. Licensure: All plumbing, electrical and heating, ventilation and air conditioning work on the job site shall

be performed or supervised by a journeyman, with a current license in that particular trade. Licenses shall be available for inspection at the work site, and if a license is not available, work of that particular trade shall cease. Licenses from any state or political subdivision will be recognized. Licenses that require passage of Block/Experion tests are preferable.

34. Contract User (Owner, agency) Provisions:

A. Material / Equipment substitutions: The Bidder shall price and include in his bid materials and

equipment as specifically called out by the contract user (owner, agency) or his designated Architect / Engineer (Designer of Record) in the bid documents. In cases whereby alternatives are found and determined by the bidder to be suitable substitutes, the bidder shall request from the contract user (owner, agency) in writing to bid this product in lieu of that specified at least 5 working days prior to submittal of bid and only when that substitute is identified via an addendum to the bid documents will the alternate or substitution be allowed to be included into the bidders proposal price.

B. Shop drawing submittal and review: The contract user (owner, agency) reserves the right to review all shop drawings prior to Contractor purchase and/or installation of any work above and beyond that required, if applicable, by the Architect / Engineer (Designer of Record). This step shall be completed in no more than 5 working days. The Contractor shall accommodate this additional step in the project timeline and contract price prior to the submittal of a bid proposal.

C. Project Award: The successful bidder will be issued an award letter signed by the contract user

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(owner, agency) designated representative. This along with a fully executed contract user (owner, agency) funding document with purchase order number shall be deemed a binding project under the provisions of this contract. After a pre-construction conference a notice to proceed letter will be forwarded to the contractor by the contract user (owner, agency) designated representative stating the agreed date for work commencement on site and the initial intended date of completion.

D. Vetting of Contractor’s field employees: At certain locations the contract user (owner, agency) will require security clearance of the contractor’s employees and subsequent sub-contractor employees who will be working on site. Information will be requested by the contract user (owner, agency) at the time of the pre-construction meeting. At these locations only the contractor/subcontractor employees who pass the security clearance will be allow to work on site for the duration of the project. Failure of the contractor/subcontractor employees to pass the security clearance will not warrant either extension in time or contract price.

E. Schedule of Values: The successful bidder will provide to the contract user (Owner / Agency) a project schedule of values for each aspect of the project. The schedule shall be broken down per specification division following the current CSI (construction specification institutes) format. The schedule total shall equal the bid/contracted price.

F. Liquidated Damages: Unless specified otherwise in the bid documents, the contract user (owner, agency) will enforce an automatic liquidated damages clause in the amount of $300.00 per calendar day for each and every calendar day that the work extends past the date of substantial completion as stated in the Notice to Proceed Letter, as written in the bid documents, or revised per approved change order. Weather days, as defined by the Kansas Dept. of Administration or its departments will be taken into consideration and included in a change order in cases where applicable.

G. Payments / Retainage: The successful bidder will provide to the contract user (Owner / Agency) monthly progress and final payments using the State of Kansas standard application for payment forms. Each and every pay request shall have a 10% retainage taken from the payment requested to date until such time that the work is considered substantially complete by all parties. At that time a pay request with only 5% retainage will be accepted by the contract user. Final payment (payment in full) will not be accepted by the contract user till such time that all work (punch list items) have been completed and other documentation as requested by the contract user and/or this contract or project specifications have been meet.

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C. STATEMENT OF WORK 1 Background and Scope:

The Adjutant General's Department ( AGD) has facilities located in Topeka, Wichita, Kansas City, KS, and Salina. It also has armories located in several communities throughout the state of Kansas. From time to time prospective Contractors may choose to bid on projects developed through the Adjutant General's Department in providing contracting services. The Adjutant General's Department reserves the right to accept or reject the proposals that are submitted to them. The contractor will be invited and notified to participate in the bid process for actual On-Call Construction Projects, as they arise, throughout the Adjutant General’s Department. The Office of Procurement and Contracts reserves the right to assess participation and evaluate performance of the selected contractors annually and have the option to refresh the list of contractors.

2 Services to be Provided:

The Adjutant General’s Department will request bids for general construction to include all labor and materials at various times. All preapproved contractors will be allowed to bid on any or all requests. The value of the projects constructed under this contract will typically be between $10,000.00 and $250,000.00. All projects awarded will be executed under the general conditions that are included. More specific conditions may be included in a project’s bid solicitation.

3 Bid Process:

The Adjutant General's Department DOFE (Division of Facilities Engineering) will determine a project that needs to be constructed using the On-Call Construction Contract. On these occasions, the necessary sets of construction documents will be sent to all preapproved contractors. A bid date and a completion date for the project will be included with these documents. The bids will be considered using two factors: 1) Project cost. 2 ) Contractor's ability to meet the project schedule. If a contractor fails to complete a project by the specified completion date, including all punch list items, that contractor will not be allowed to bid on additional projects until the original project is completed. If a contractor consistently fails to meet the specified completion dates for projects, the Adjutant General's Department and the State of Kansas will have the rights to discontinue their status as an approved contractor. Bids will include all labor, materials, equipment, tools, transportation, supervision, permits licenses and taxes (as applicable) to perform the work prescribed on a project by project basis.

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State of Kansas Department of Administration DA-146a (Rev. 06-12)

CONTRACTUAL PROVISIONS ATTACHMENT Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual

agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:

"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby

incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part

thereof, said contract being the 23rd day of April, 2013. 1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail

and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas,

and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas. 3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of

Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to

defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.)

and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Contractor agrees to comply with all applicable state and federal anti-discrimination laws. The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor

who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.

6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required

approvals and certifications have been given. 7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the

State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such

person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any

federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or

any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having

access to information pursuant to K.S.A. 46-1101 et seq. 12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not

be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

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13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for

the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.

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P E R F O R M A N C E B O N D KNOW ALL MEN BY THESE PRESENTS: That we, of as Principal, hereinafter called Contractor, and Company, a corporation organized under the laws of the State of , with its home office in the city and state of , as Surety and hereinafter referred to as Surety, are held and firmly bound unto the State of Kansas , as Obligee, hereinafter called the State, in the sum of ($ ) dollars for the payment of which sum we as Contractor and Surety bind ourselves and our legal representatives and successors, jointly and severally, by this instrument. WHEREAS, Contractor has by written agreement dated, entered into a contract with the State of Kansas for: in accordance with plans and specifications set forth in the State of Kansas, project # and RFQ and which contract is by referenced made a part hereof, and is hereinafter referred to as the contract. IT IS THEREFORE the condition of the above obligation that whenever Contractor shall be in default and is declared by the State to be in default under the contract, the State having performed the State’s obligations under the Contract, the Surety will promptly remedy the default by completion of the Contract in accordance with the terms and conditions of the Contract. If Surety does not promptly remedy the default, Surety shall be liable to the State for funds sufficient to pay the cost of completion less the balance of the contract price. Balance of contract price shall mean total amount payable by State to Contractor under the contract, less amounts properly paid to Contractor by State. If Contractor faithfully, promptly and accurately executes the Contract and complies with all the conditions thereof, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands this day of 2009. Principal By ___________________________________ (Attorney-in-Fact) By Surety (Title) Address Address ______________________________

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2018.

CONTRACTOR’S PUBLIC WORKS BOND TO THE STATE (PURSUANT to K.S.A. 60-1111 as amended)

KNOW ALL PERSONS BY THESE PRESENTS:

as principal, and

as Surety, and held and firmly bound unto the STATE OF KANSAS, in the sum of:

($ .00 )

lawful money of the United States, will and truly to be paid, to which payment we here bind

ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally,

firmly by these presents.

The condition of the above obligation is such that, whereas, the said

hereinafter called the contractor,

has on the day of June, 2009 entered into a contractor with the State of Kansas,

in accordance with plans and specifications of Project No. On file in the Department of

Administration, Division of Architectural Services

AND, NOW, THEREFORE, if the said contractor and all sub-contractors, if any, of said

contractor shall pay all indebtedness incurred for labor furnished, materials, equipment or

supplies used or consumed in connection with, or in or about the construction of said public

building or making said public improvements, then the above obligation shall be void, otherwise

it shall remain in full force and effect.

IN WITNESS WHEREOF, We have hereunto set our hands this day of ,

2009. Principal By______________________________________ ________________________________________ Surety___________________________________ By______________________________________ ________________________________________

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___________, 2018 entered into a contract with the State of Kansas.

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2018.


General and Supplemental Conditions of the Contract 007200-1

SECTION 007200

GENERAL CONDITIONS OF THE CONTRACT

PART 1 - GENERAL

1.1 GENERAL CONDITIONS

A. Requirements: The following listed documents being part of the Contract Award for On-Call Construction Contractors are bound in the Project Manual and comprise the Conditions of the Contract:

1. Terms and Conditions - Event ID EVTEVT0002150

2. Special Provisions - Event ID EVTEVT0002150

3. Statement of Work - Event ID EVTEVT0002150

4. Contractual Provisions Attachment - Event ID EVTEVT0002150

END OF SECTION


General and Supplemental Conditions of the Contract 007200-2


Summary of Work 011000-1

SECTION 011000

SUMMARY OF WORK

PART 1 – GENERAL

1.1 PROJECT

A. Project Name: Salina Range Laundry Facility.

B. Owner's Name: Kansas Army National Guard (KSARNG) –Adjutant General’s Department.

C. Scope of Work Description – Base Bid: Project is comprised of the demolition of the interior of the existing Latrine Building and the electrical service transformer and the underground electrical service to the building. The new work shall include interior plumbing, heating, cooling, lighting, power and all related utilities for the new washer / dryer equipment. The construction will include new interior wall finishes, paint, insulation, exterior doors, exterior painting and all associated work in accordance with the Contract Documents.

D. Scope of Work Description – Alternate Bid #1: In lieu of exterior painting, the alternate will include installation of the exterior metal wall panels and insulation system as shown on the drawings. The scope of work includes all building component adjustments and rework for the installation of the metal panels. Field verify existing conditions.

1.2 WORK BY OWNER

A. Items noted NIC (Not in Contract) will be supplied and installed by Owner before Substantial Completion.

1.3 OWNER OCCUPANCY

A. Owner does not intends to occupy the existing building during the life of the project. The contract will have full use of the building and the site relating to this project.

B. Schedule and Execute the Work so as to not disrupt the normal activity around the facility and the National Guard staff on the site and in other facilities on the site.

1.4 CONTRACTOR USE OF SITE AND PREMISES

A. Construction Operations: Limited to the Owner’s Property.

B. Provide access to and from site as required by law and by Owner:

1. Do not obstruct roadways, sidewalks, or other public ways without permit.

1.5 HOURS AND DAYS OF WORK


Summary of Work 011000-2

A. Normal Working Hours and Days: Contractor shall perform the work and be present at the site only during the hours or 7:30 AM through 4:30 PM, Monday through Friday, excluding Saturdays, Sundays and Federal Holidays. If Contractor wishes to work during periods other than those listed therein before, Contractor may request the days and hours by written notice in advance to the Owner’s Representative not less than 5 working days before the requested day and hours. The authorization of the request is at the sole discretion of the Owner’s Representative.

B. Federal Legal Holidays:

The following Federal legal Holidays are observed by are: New Year’s Day 1 January Martin Luther King’s Birthday Third Monday of January President’s Day Third Monday of February Memorial Day Last Monday of May Independence Day 4 July Labor Day First Monday of September Columbus Day Second Monday of October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday of November Christmas Day 25 December Any of the above holidays falling on a Saturday will be observed the preceding Friday, holidays falling on Sunday will be observed on the following Monday.

C. Project Duration: The contractor will be allowed 90 calendar days to complete the project. The contractor shall identify a proposed date of substantial completion on the Bid Form.


Administrative Requirements 013000-1

SECTION 013000

ADMINISTRATIVE REQUIREMENTS

PART 1 – GENERAL

1.1 SECTION INCLUDES

A. Project meetings.

B. Construction progress schedule.

C. Submittals for review, information, and project closeout.

D. Number of copies of submittals.

E. Submittal procedures.

1.2 RELATED SECTIONS

A. Section 017000 - Execution Requirements: Additional coordination requirements.

B. Section 017800 - Closeout Submittals: Project record documents.

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION3.

3.1 SUBMITTALS FOR REVIEW

A. Provide a submittal schedule to the Architect / Engineer within 7 days of established Notice to Proceed. See appendix for a list of required submittals.

B. Submit the following for review:

1. Product data. 2. Shop drawings. 3. Samples for selection. 4. Samples for verification.

C. Submit to Architect / Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.

D. Samples will be reviewed only for aesthetic, color, or finish selection. E. After review, provide copies and distribute in accordance with SUBMITTAL

PROCEDURES article below and for record documents purposes described in Section 01 78 00 - CLOSEOUT SUBMITTALS.



3.2 SUBMITTALS FOR INFORMATION

A. Submit the following for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated.

B. Submit for Architect / Engineer. No action will be taken.

3.3 SUBMITTALS FOR PROJECT CLOSEOUT

A. Submit the following at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated.

3.4 NUMBER OF COPIES OF SUBMITTALS

A. Documents for Review: 1. Small Size Sheets, Not Larger than 8-1/2 x 11 inches: Submit the number of

copies which the Contractor requires, plus two copies which will be retained by the Architect / Engineer.

2. Larger Sheets, Not Larger than 30 x 42 inches: Submit one reproducible transparency and two opaque reproductions.

B. Documents for Information: Submit two copies. C. Documents for Project Closeout: Make one reproduction of submittal originally

reviewed. Submit one extra of submittals for information. D. Samples: Submit the number specified in individual specification sections; one of

which will be retained by the Owner. 1. After review, produce duplicates.

3.5 SUBMITTAL PROCEDURES

A. Transmit each submittal with contractors transmittal form. B. Sequentially number the transmittal form. Revise submittals with original number and a

sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail



number, and specification section number, as appropriate on each copy. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification

of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents.

E. Deliver submittals to the Owner at business address. F. Schedule submittals to expedite the Project, and coordinate submission of related

items. G. For each submittal for review, allow 15 days excluding delivery time to and from the

Contractor. 1. Allow additional time for submittals which require review by multiple

consultants.

H. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work.

J. When revised for resubmission, identify all changes made since previous submission. K. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly

report any inability to comply with requirements. L. Do not base Shop Drawings on reproductions of the Contract Documents or standard

printed data.

END OF SECTION


Quality Requirements 014000-1

SECTION 014000

QUALITY REQUIREMENTS

PART 1 – GENERAL

1.1 SECTION INCLUDES

A. References and standards.

B. Quality assurance submittals.

C. Control of installation.

D. Tolerances.

E. Testing and inspection services.

F. Manufacturer’s field services.

1.2 RELATED SECTIONS

A. Section 01 30 00 - Administrative Requirements: Submittal procedures.

B. Section 01 60 00 - Product Requirements: Requirements for material and product quality.

1.3 SUBMITTALS

A. Testing Agency Qualifications:

1. Prior to start of Work, submit agency name, address, and telephone number, and names of full time registered Engineer and responsible officer.

2. Submit copy of report of laboratory facilities inspection made by NIST Construction Materials Reference Laboratory during most recent inspection, with memorandum of remedies of any deficiencies reported by the inspection.

B. Design Data: Submit for the Architect / Engineer, for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents.

C. Test Reports: After each test/inspection, promptly submit two copies of report to Architect / Engineer and to Contractor.

1. Include:

a. Date issued. b. Project title and number. c. Name of inspector. d. Date and time of sampling or inspection. e. Identification of product and specifications section. f. Location in the Project.



g. Type of test/inspection. h. Date of test/inspection. i. Results of test/inspection. j. Conformance with Contract Documents. k. When requested by Architect / Engineer, provide interpretation of results.

2. Test reports are submitted for the Architect / Engineer, for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents.

D. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Architect / Engineer, in quantities specified for Product Data.

1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate.

2. Certificates may be recent or previous test results on material or product, but must be acceptable to Architect / Engineer.

E. Manufacturer's Field Reports: Submit reports for Architect / Engineer.

1. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents.

1.4 REFERENCES AND STANDARDS

A. For products and workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

B. Conform to reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code.

C. Should specified reference standards conflict with Contract Documents, request clarification from Architect / Engineer before proceeding.

D. The contractual relationships, duties, or responsibilities of the parties in Contract nor those of the Architect / Engineer shall be altered from the Contract Documents by mention or inference otherwise in any reference document.

1.5 TESTING AND INSPECTION AGENCIES

A. Contractor shall employ and pay for services of an independent testing agency to perform specified testing.

B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents.

PART 2 PRODUCTS - NOT USED



PART 3 EXECUTION

3.1 CONTROL OF INSTALLATION

A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality.

B. Comply with manufacturer’s instructions, including each step in sequence C. Should manufacturer’s instructions conflict with Contract Documents, request

clarification from Architect / Engineer before proceeding. D. Comply with specified standards as minimum quality for the Work except where more

stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by

the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to

withstand stresses, vibration, physical distortion, and disfigurement.

3.2 TOLERANCES

A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate.

B. Comply with manufacturer’s tolerances. Should manufacturer’s tolerances conflict with

Contract Documents, request clarification from Architect / Engineer before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place.

3.3 TESTING AND INSPECTION

A. See individual specification sections for testing required. B. Testing Agency Duties:

1. Test samples of mixes submitted by Contractor. 2. Provide qualified personnel at site. Cooperate with Architect / Engineer and

Contractor in performance of services. 3. Perform specified sampling and testing of products in accordance with specified

standards.



4. Ascertain compliance of materials and mixes with requirements of Contract

Documents. 5. Promptly notify Architect / Engineer and Contractor of observed irregularities or

non-conformance of Work or products. 6. Perform additional tests and inspections required by Architect / Engineer. 7. Submit reports of all tests/inspections specified.

C. Limits on Testing/Inspection Agency Authority:

1. Agency may not release, revoke, alter, or enlarge on requirements of Contract

Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work.

D. Contractor Responsibilities:

1. Deliver to agency at designated location, adequate samples of materials proposed

to be used which require testing, along with proposed mix designs. 2. Cooperate with laboratory personnel, and provide access to the Work and to

manufacturer’s facilities. 3. Provide incidental labor and facilities:

a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be

tested/inspected. c. To facilitate tests/inspections. d. To provide storage and curing of test samples.

4. Notify Architect / Engineer and laboratory 24 hours prior to expected time for operations requiring testing/inspection services.

5. Employ services of an independent qualified testing laboratory and pay for

additional samples, tests, and inspections required by Contractor beyond specified requirements.

6. Arrange with Architect / Engineer 's agency and pay for additional samples, tests,

and inspections required by Contractor beyond specified requirements.

E. Re-testing required because of non-conformance to specified requirements shall be



performed by the same agency on instructions by the Architect / Engineer. Payment for re testing will be charged to the Contractor by deducting testing charges from the Contract Price.

3.4 MANUFACTURER’S FIELD SERVICES

A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable, and to initiate instructions when necessary.

B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturer’s written instructions.

3.5 DEFECT ASSESSMENT

A. Replace Work or portions of the Work not conforming to specified requirements.

B. If, in the opinion of the Architect / Engineer it is not practical to remove and replace the Work, the A/E will direct an appropriate remedy or adjust payment.

END OF SECTION


Product Requirements 016000-1

SECTION 016000 PRODUCT REQUIREMENTS

PART 1 - GENERAL

1.1 SECTION INCLUDES A. General product requirements. B. Transportation, handling, storage and protection. C. Product option requirements. D. Substitution limitations and procedures. E. Procedures for Owner-supplied products. F. Spare parts and maintenance materials.

1.2 RELATED SECTIONS A. Section 014000 - Quality Requirements: Product quality monitoring.

1.3 SUBMITTALS A. Proposed Products List: Submit list of major products proposed for use, with name of

manufacturer, trade name, and model number of each product. 1. For products specified only by reference standards, list applicable reference

standards. B. Product Data Submittals: Submit manufacturer's standard published data. Mark each

copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project.

C. Shop Drawing Submittals: Prepared specifically for this Project; indicate utility and

electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances.

D. Sample Submittals: Illustrate functional and aesthetic characteristics of the product,

with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 1. For selection from standard finishes, submit samples of the full range of the

manufacturer's standard colors, textures, and patterns. E. Indicate utility and electrical characteristics, utility connection requirements, and

location of utility outlets for service for functional equipment and appliances.

PART 2 - PRODUCTS

2.1 NEW PRODUCTS



A. Provide new products unless specifically required or permitted by the Contract

Documents. B. Provide interchangeable components of the same manufacture for components being

replaced.

2.2 PRODUCT OPTIONS

A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description.

B. Products Specified by Naming One or More Manufacturers: Use a product of one of

the manufacturers named and meeting specifications, no options or substitutions allowed.

C. Products Specified by Naming One or More Manufacturers with a Provision for

Substitutions: Submit a request for substitution for any manufacturer not named.

2.3 SPARE PARTS AND MAINTENANCE PRODUCTS A. Provide spare parts, maintenance, and extra products of types and in quantities

specified in individual specification sections. B. Deliver to Project site; obtain receipt prior to final payment.

PART 3 - EXECUTION

3.1 SUBSTITUTION PROCEDURES A. Substitution requests will only be considered by the Owner if they are submitted no

later than 5 days prior to the date established for the opening of bids. B. Substitutions may be considered when a product becomes unavailable through no fault

of the Contractor. C. Document each request with complete data substantiating compliance of proposed

substitution with Contract Documents. D. A request for substitution constitutes a representation that the submitter:

1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product.

2. Will provide the same warranty for the substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be

required for the Work to be complete with no additional cost to Owner. E. Substitutions will not be considered when they are indicated or implied on shop

drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents.



F. Substitution Submittal Procedure: 1. Submit three copies of any request for substitution for consideration on the

"Substitution Request Form." Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the

proposed product equivalence. Burden of proof is on proposer. 3. The Owner will notify Contractor in writing of decision to accept or reject request.

3.2 OWNER-SUPPLIED PRODUCTS A. See Section 011000 – Summary of Work for identification of Owner-supplied products. B. Owner's Responsibilities:

1. Arrange for and deliver Owner reviewed shop drawings, product data, and samples, to Contractor.

2. Arrange and pay for product delivery to site. 3. On delivery, inspect products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or

deficient items. 5. Arrange for manufacturers' warranties, inspections, and service.

C. Contractor's Responsibilities:

1. Review Owner reviewed shop drawings, product data, and samples. 2. Receive and unload products at site; inspect for completeness or damage jointly

with Owner. 3. Handle, store, install and finish products. 4. Repair or replace items damaged after receipt.

3.3 TRANSPORTATION AND HANDLING A. Coordinate schedule of product delivery to designated prepared areas in order to

minimize site storage time and potential damage to stored materials. B. Transport and handle products in accordance with manufacturer's instructions. C. Transport materials in covered trucks to prevent contamination of product and littering

of surrounding areas. D. Promptly inspect shipments to ensure that products comply with requirements,

quantities are correct, and products are undamaged. E. Provide equipment and personnel to handle products by methods to prevent soiling,

disfigurement, or damage. F. Arrange for the return of packing materials, such as wood pallets, where economically

feasible.

3.4 STORAGE AND PROTECTION A. Designate receiving/storage areas for incoming products so that they are delivered

according to installation schedule and placed convenient to work area in order to



minimize waste due to excessive materials handling and misapplication. B. Store and protect products in accordance with manufacturers' instructions. C. Store with seals and labels intact and legible. D. Store sensitive products in weather tight, climate controlled, enclosures in an

environment favorable to product. E. For exterior storage of fabricated products, place on sloped supports above ground. F. Cover products subject to deterioration with impervious sheet covering. Provide

ventilation to prevent condensation and degradation of products. G. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent

mixing with foreign matter. H. Prevent contact with material that may cause corrosion, discoloration, or staining. I. Provide equipment and personnel to store products by methods to prevent soiling,

disfigurement, or damage. J. Arrange storage of products to permit access for inspection. Periodically inspect to

verify products are undamaged and are maintained in acceptable condition.



3.5 SUBSTITUTION REQUEST FORM

To: ____________________________________________________________________

Project: _________________________________________________________________

We hereby submit for your consideration the following product in lieu of the specified item for the above project.

SECTION PARAGRAPH SPECIFIED ITEM PROPOSED SUBSTITUTION

________ ___________ ______________ _______________________

Provide all information required as described by paragraph "Submittals".

Attach complete technical data, including laboratory test, if applicable.

Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation.

Comply with Section 016000.

Answer the questions below:

A. Does the substitution affect dimensions shown on the Drawings? Yes / No

B. Will the undersigned pay for changes to the building design

including engineering and detailing costs caused by the

requested substitution? Yes / No

C. Does the substitution have effects on other trades? Yes / No

D. Are there differences between the proposed substitution and

specified item? Yes / No (If answer to any of the above is Yes, please explain on attachment)

E. Manufacturer's guarantees of the proposed and specified items are:

Same / Different

(explain differences on attachment)

The undersigned states that the function, appearance, and quality are equivalent or superior to the specified item.

Submitted by:

Signature For use by Design Consultant:

Firm: Accepted Accepted as noted

Address: Not Accepted Received too late

Date:

Telephone:

END OF SECTION


Execution Requirements 017000-1

SECTION 017000 EXECUTION REQUIREMENTS

PART 1 - GENERAL

1.1 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Pre-installation meetings. C. Cutting and patching. D. Surveying for laying out the work. E. Cleaning and protection. F. Starting of systems and equipment. G. Demonstration and instruction of Owner personnel. H. Closeout procedures, except payment procedures.

1.2 RELATED SECTIONS A. Section 013000 - Administrative Requirements: Submittals procedures. B. Section 014000 - Quality Requirements: Testing and inspection procedures. C. Section 017800 - Closeout Submittals: Project record documents, operation and

maintenance data, warranties and bonds.

1.3 SUBMITTALS A. See Section 013000 - Administrative Requirements, for submittal procedures. B. Survey work: Submit name, address, and telephone number of Surveyor before

starting survey work. 1. On request, submit documentation verifying accuracy of survey work. 2. Submit a copy of site drawing signed by the Land Surveyor, that the elevations

and locations of the work are in conformance with Contract Documents. 3. Submit surveys and survey logs for the project record.

C. Cutting and Patching: Submit written request in advance of cutting or alteration which

affects: 1. Structural integrity of any element of Project. 2. Integrity of weather exposed or moisture resistant element. 3. Efficiency, maintenance, or safety of any operational element.



4. Visual qualities of sight exposed elements. 5. Work of Owner or separate Contractor.

D. Project Record Documents: Accurately record actual locations of capped and active

utilities.

1.4 QUALIFICATIONS A. For survey work, employ a land surveyor registered in Kansas and acceptable to the

Owner. Submit evidence of Surveyor's Errors and Omissions insurance coverage in the form of an Insurance Certificate.

B. For field engineering, employ a professional engineer of the discipline required for

specific service on Project, licensed in Kansas.

1.5 PROJECT CONDITIONS A. Grade site to drain. Maintain excavations free of water. Provide, operate, and

maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to

protect site from soil erosion. C. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to

prevent accumulation of dust, fumes, vapors, or gases. D. Dust Control: Execute work by methods to minimize raising dust from construction

operations. Provide positive means to prevent air-borne dust from dispersing into atmosphere.

E. Erosion and Sediment Control: Plan and execute work by methods to control surface

drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. 1. Minimize amount of bare soil exposed at one time. 2. Provide temporary measures such as berms, dikes, and drains, to prevent water

flow. 3. Construct fill and waste areas by selective placement to avoid erosive surface silts

or clays. 4. Periodically inspect earthwork to detect evidence of erosion and sedimentation;

promptly apply corrective measures. F. Noise Control: Provide methods, means, and facilities to minimize noise produced by

construction operations. G. Rodent Control: Provide methods, means, and facilities to prevent rodents from

accessing or invading premises.

1.6 COORDINATION A. See Section 011000 for occupancy-related requirements.



B. Coordinate scheduling, submittals, and work of the various sections of the Project

Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later.

C. Notify affected utility companies and comply with their requirements. D. Verify that utility requirements and characteristics of new operating equipment are

compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment.

E. Coordinate space requirements, supports, and installation of mechanical and electrical

work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs.

F. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within

the construction. Coordinate locations of fixtures and outlets with finish elements. G. Coordinate completion and clean-up of work of separate sections. H. After Owner occupancy of premises, coordinate access to site for correction of

defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities.

PART 2 - PRODUCTS

2.1 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing products and work for

patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing products

where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed change in materials, submit request for

substitution described in Section 016000.

PART 3 - EXECUTION

3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for

subsequent work. Start of work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new work

being applied or attached.



C. Examine and verify specific conditions described in individual specification sections. D. Take field measurements before confirming product orders or beginning fabrication, to

minimize waste due to over-ordering or misfabrication. E. Verify that utility services are available, of the correct characteristics, and in the correct

locations. F. Prior to Cutting: Examine existing conditions prior to commencing work, including

elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions.

3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner

prior to applying any new material or substance in contact or bond.

3.3 PRE-INSTALLATION MEETINGS A. When required in individual specification sections, convene a pre-installation meeting

at the site prior to commencing work of the section. B. Require attendance of parties directly affecting, or affected by, work of the specific

section. C. Notify Owner 14 days in advance of meeting date. D. Prepare agenda and preside at meeting:

1. Review conditions of examination, preparation and installation procedures. 2. Review coordination with related work.

E. Record minutes and distribute copies within two days after meeting to participants, with

two copies to Owner, participants, and those affected by decisions made.

3.4 LAYING OUT THE WORK A. Verify locations of survey control points prior to starting work. B. Promptly notify Owner of any discrepancies discovered. C. Contractor shall locate and protect survey control and reference points. D. Control datum for survey is that indicated on Drawings. E. Protect survey control points prior to starting site work; preserve permanent reference



points during construction. F. Promptly report to Owner the loss or destruction of any reference point or relocation

required because of changes in grades or other reasons. G. Replace dislocated survey control points based on original survey control. Make no

changes without prior written notice to Owner. H. Utilize recognized engineering survey practices. I. Establish a minimum of two permanent bench marks on site, referenced to established

control points. Record locations, with horizontal and vertical data, on project record documents.

J. Establish elevations, lines and levels. Locate and lay out by instrumentation and

similar appropriate means: 1. Site improvements including pavements; stakes for grading, fill and topsoil

placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Building foundation, column locations, ground floor elevations.

K. Periodically verify layouts by same means. L. Maintain a complete and accurate log of control and survey work as it progresses.

3.5 GENERAL INSTALLATION REQUIREMENTS A. Install products as specified in individual sections, in accordance with manufacturer's

instructions and recommendations, and so as to avoid waste due to necessity for replacement.

B. Make vertical elements plumb and horizontal elements level, unless otherwise

indicated. C. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and

horizontal lines, unless otherwise indicated. D. Make consistent texture on surfaces, with seamless transitions, unless otherwise

indicated. E. Make neat transitions between different surfaces, maintaining texture and appearance.

3.6 CUTTING AND PATCHING A. Execute cutting and patching including excavation and fill to complete the work, to

uncover work in order to install improperly sequenced work, to remove and replace defective or non-conforming work, to remove samples of installed work for testing when requested, to provide openings in the work for penetration of mechanical and electrical work, to execute patching to complement adjacent work, and to fit products together to integrate with other work.



B. Execute work by methods to avoid damage to other work, and which will provide

appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition.

C. Employ original installer to perform cutting for weather exposed and moisture resistant

elements, and sight exposed surfaces. D. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed

without prior approval. E. Restore work with new products in accordance with requirements of Contract

Documents. F. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through

surfaces. G. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely

seal voids with fire rated material, to full thickness of the penetrated element. H. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest

intersection or natural break. For an assembly, refinish entire unit. I. Make neat transitions. Patch work to match adjacent work in texture and appearance. J. Patch or replace surfaces that are damaged, lifted, discolored, or showing other

imperfections due to patching work. Repair substrate prior to patching finish. Finish patches to produce uniform finish and texture over entire area. When finish cannot be matched, refinish entire surface to nearest intersections.

3.7 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean

and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other

closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue

cleaning to eliminate dust. D. Collect and remove waste materials, debris, and trash/rubbish from site periodically

and dispose off-site; do not burn or bury.

3.8 PROTECTION OF INSTALLED WORK A. Protect installed work from damage by construction operations. B. Provide special protection where specified in individual specification sections.



C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage.

D. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. E. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or

movement of heavy objects, by protecting with durable sheet materials. F. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is

necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer.

G. Remove protective coverings when no longer needed; reuse or recycle plastic

coverings if possible.

3.9 STARTING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Verify that each piece of equipment or system has been checked for proper lubrication,

drive rotation, belt tension, control sequence, and for conditions which may cause damage.

C. Verify tests, meter readings, and specified electrical characteristics agree with those

required by the equipment or system manufacturer. D. Verify that wiring and support components for equipment are complete and tested. E. Execute start-up under supervision of applicable Contractor personnel and

manufacturer's representative in accordance with manufacturer’s instructions. F. When specified in individual specification Sections, require manufacturer to provide

authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation.

G. Submit a written report that equipment or system has been properly installed and is

functioning correctly.

3.10 DEMONSTRATION AND INSTRUCTION A. Demonstrate operation and maintenance of products to Owner's personnel two weeks

prior to date of Substantial Completion. B. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing,

maintenance, and shutdown of each item of equipment at scheduled time, at equipment location.

C. For equipment or systems requiring seasonal operation, perform demonstration for

other season within six months.



D. Provide a qualified person who is knowledgeable about the Project to perform

demonstration and instruction of owner personnel. E. Utilize operation and maintenance manuals as basis for instruction. Review contents

of manual with Owner's personnel in detail to explain all aspects of operation and maintenance.

F. Prepare and insert additional data in operations and maintenance manuals when need

for additional data becomes apparent during instruction. G. The amount of time required for instruction on each item of equipment and system is

that specified in individual sections.

3.11 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation.

3.12 FINAL CLEANING A. Execute final cleaning prior to Substantial Completion. B. Use cleaning materials that are nonhazardous. C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels,

stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.

D. Clean equipment and fixtures to a sanitary condition with cleaning materials

appropriate to the surface and material being cleaned. E. Clean filters of operating equipment. F. Clean debris from roofs, gutters, downspouts, and drainage systems. G. Clean site; sweep paved areas, rake clean landscaped surfaces. H. Remove waste, surplus materials, trash/rubbish, and construction facilities from the

site; dispose of in legal manner; do not burn or bury. I. Re-grade, re-shape, and re-seed any existing grass areas that have been disturbed.

3.13 CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities.

1. Provide copies to Owner. B. Notify Owner when work is considered ready for Substantial Completion. C. Submit written certification that Contract Documents have been reviewed, work has



been inspected, and that work is complete in accordance with Contract Documents and ready for Owner's review.

D. Correct items of work listed in executed Certificates of Substantial Completion and

comply with requirements for access to Owner-occupied areas. E. Notify Owner when work is considered finally complete. F. Complete items of work determined by Owner's final review.

END OF SECTION


Construction and Demolition Materials Recycling Requirements 017419-1

SECTION 017419

CONSTRUCTION AND DEMOLITION MATERIALS RECYCLING REQUIREMENTS

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes: Requirements and procedures for ensuring optimal diversion of construction waste materials generated by the Work from landfill disposal within the limits of the Construction Schedule and Contract Sum.

1. Recycling Requirements: This project shall meet the requirements of Army

regulation 420-1, 12 Feb, 08, subject: Army Facilities Management and DAIM-OD, 27 Mar., 09, subject: FY09 Solid Waste Annual Reporting (SWARWeb) schedule regarding recycling of Construction and Demolition Waste. The work shall provide for a minimum of 50% recycling of demolition debris. This includes requirements for submittal of:

a. Contractor’s Waste Management and Recycling Plan prior to the

commencement of the Work. b. Contractor’s quantitative reports for reuse, recycling, and disposal

generated by the Contractor, as a condition of approval of progress payments.

2. The Work of this Contract requires that a minimum of 50% by weight of the

construction and demolition materials generated in the Work is diverted from landfill disposal through a combination of re-use and recycling activities.

1.2 DEFINITIONS

A. Class III Landfill: A landfill that accepts non-hazardous materials such as household,

commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the State of Kansas.

B. Construction and Demolition Debris: Building materials and solid waste resulting from

construction, remodeling, repair, cleanup, or demolition operations that are not hazardous. This term includes, but is not limited to, asphalt concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. The debris may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.

C. C&D Recycling Center. A facility that receives only C&D material that has been

separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than 10% of the amount separated for reuse by weight.

Salina UTES Generator Project December, 2017 KANG - Salina, KS CFMO – #L409


D. Disposal. Final deposition of construction and demolition or inert debris into land, including stockpiling onto land of construction and demolition debris that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days; and construction and demolition debris that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year, or stockpiling onto land of inert debris that is for a period of time greater than one year.

E. Inert Disposal Facility or Inert Waste Landfill: A disposal facility that accepts only

inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal.

F. Mixed Debris: Loads that include commingled recyclable and non-recyclable

materials generated at the construction site.

G. Mixed Debris Recycling Facility: A processing facility that accepts loads of commingled construction and demolition debris for the purpose of recovering re-usable and recyclable materials and disposing the non-recyclable residual materials.

H. Recycling: The process of sorting, cleansing, treating and reconstituting materials for

the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating or thermally destroying solid waste.

I. Reuse. The use, in the same or similar form as it was produced, of a material which

might otherwise be discarded.

J. Separated for Reuse. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been “source separated”.

K. Solid Waste: All putrescible and nonputrescible solid, semisolid, and liquid wastes,

including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include hazardous waste, radioactive waste, or medical waste as defined or regulated by State law.

L. Source-Separated: Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream at the point of generation, for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.



M. Waste Hauler: A company that possesses a valid permit from the [local waste management authority to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal in [the locality].

1.3 SUBMITTALS

A. Contractor’s Construction Waste and Recycling Plan 1. Review Contract Documents and estimate the types and quantities of materials

under the Work that are anticipated to be feasible for on-site processing, source separation for re-use or recycling. Indicate the procedures that will be implemented in this program to effect jobsite source separation, such as, identifying a convenient location where dumpsters would be located, putting signage to identify materials to be placed in dumpsters, etc.

2. Prior to commencing the Work, submit Contractor’s Construction Waste and Recycling Plan. Submit in format provided (Section 017419 Att A). The Plan must include, but is not limited to the following:

a. Contractor’s name and project identification information; b. Procedures to be used; c. Materials to be re-used and recycled; d. Estimated quantities of materials; e. Names and locations of re-use and recycling facilities/sites; f. Tonnage calculations that demonstrate that Contractor will re-use and

recycle a minimum 50% by weight of the construction waste materials generated in the Work.

3. Contractor’s Construction Waste and Recycling Plan must be approved by the

Architect prior to the start of Work. 4. Contractor’s Construction Waste and Recycling Plan will not otherwise relieve

the Contractor of responsibility for adequate and continuing control of pollutants and other environmental protection measures.

B. Contractor’s Reuse, Recycling, and Disposal Report

1. Submit Contractor’s Reuse, Recycling, and Disposal Report on the form

provided (Section 017419 Att B) with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. If applicable, include manifests, weight tickets, receipts, and invoices specifically identifying the Project for re-used and recycled materials:

a. Reuse of building materials or salvage items on site (i.e. crushed base or

red clay brick). b. Salvaging building materials or salvage items at on off site salvage or

reuse center (i.e. lighting, fixtures). c. Recycling source separated materials on site (i.e. crushing

asphalt/concrete for base course, or grinding for mulch). d. Recycling source separated material at an off site recycling center (i.e.

scrap metal or green materials).



e. Use of material as Alternative Daily Cover (ADC) at landfills. f. Delivery of soils or mixed inerts to an inerta landfill for disposal (inert fill). g. Disposal at a landfill or transfer station (where no recycling takes place). h. Other (describe).

Contractor’s Reuse, Recycling, and Disposal Report must quantify all materials generated in the Work, disposed in [Class III] landfills, or diverted from disposal through recycling. Indicate zero (0) if there is no quantity to report for a type of material. As indicated on the form:

2. Report disposal or recycling either in tons or in cubic yards: if scales are

available at disposal or recycling facility, report in tons; otherwise, report in cubic yards. Report in units for salvage items when no tonnage or cubic yard measurement is feasible.

3. Indicate locations to which materials are delivered for reuse, salvage, recycling, accepted as daily cover, inert backfill, or disposal in landfills or transfer stations.

4. Provide legible copies of weigh tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that can legally accept the materials for the purpose of re-use, recycling, or disposal.

a. Indicate project title, project number, progress payment number, name of

the company completing the Contractor’s Report and compiling backup documentation, the printed name, signature, and daytime phone number of the person completing the form, the beginning and ending dates of the period covered on the Contractor’s Report, and the date that the Contractor’s Report is completed.

PART 2 – PRODUCTS (NOT USED)

PART 3 - EXECUTION

3.1 SALVAGE, RE-USE, RECYCLING AND PROCEDURES

A. Identify re-use, salvage, and recycling facilities.

B. Develop and implement procedures to re-use, salvage, and recycle new construction and excavation materials, based on the Contract Documents, the Contractor’s Construction Waste and Recycling Plan, estimated quantities of available materials, and availability of recycling facilities. Procedures may include on-site recycling, source separated recycling, and/or mixed debris recycling efforts.

1. Identify materials that are feasible for salvage, determine requirements for site

storage, and transportation of materials to a salvage facility. 2. Source separate new construction, excavation and demolition materials

including, but not limited to the following types:

a. Asphalt.



b. Concrete, concrete block, slump stone (decorative concrete block), and rocks.

c. Drywall. d. Green materials (i.e. tree trimmings and land clearing debris). e. Metal (ferrous and non-ferrous). f. Miscellaneous Construction Debris. g. Paper or cardboard. h. Red Clay Brick. Reuse or Salvage Materials i. Soils. Wire and Cable. j. Wood. k. Other (describe)

3. Miscellaneous Construction Debris: Develop and implement a program to

transport loads of mixed (commingled) new construction materials that cannot be feasibly source separated to a mixed materials recycling facility.

3.2 DISPOSAL OPERATIONS AND WASTE HAULING A. Legally transport and dispose of materials that cannot be delivered to a source

separated or mixed recycling facility to a transfer station or disposal facility that can legally accept the materials for the purpose of disposal.

B. Use a permitted waste hauler or Contractor’s trucking services and personnel. To

confirm valid permitted status of waste haulers, contact the local solid waste authority.

C. Become familiar with the conditions for acceptance of new construction, excavation and demolition materials at recycling facilities, prior to delivering materials.

D. Deliver to facilities that can legally accept new construction, excavation and

demolition materials for purpose of re-use, recycling, composting, or disposal.

E. Do not burn, bury or otherwise dispose of solid waste on the project job-site.

3.3 RE-USE AND DONATION OPTIONS

A. Implement a re-use program to the greatest extent feasible. Options may include:

1. Return un-used materials in full unopened packages to distributor and/or vendor. Be cognizant to maintain required specified quantities of materials being left on site at the completion of work as specified elsewhere herein this specification.

3.4 REVENUE

A. Revenues or other savings obtained from recycled, re-used, or salvaged materials shall accrue to Contractor unless otherwise noted in the Contract Documents.

END OF SECTION

Date Submitted:

Project Period:

02 - Salvaging building materials or salvage items at an off site salvage or re-use center (i.e. lighting, fixtures)

04 - Recycling source separated materials at an off site recycling center (i.e. scrap metal or green matls)

05 - Recycling commingled loads of C&D matls at an off site mixed debris recycling center or transfer station

06 - Recycling material as Alternative Daily Cover at landfills

07 - Delivery of soils or mixed inerts to an inert landfill for disposal (inert fill).

08 - Disposal at a landfill or transfer station.

09 - Other (please describe) _______________________________________________________________

A = Asphalt C = Concrete M = Metals I = Mixed Inert G = Green Matls

W = Wood

Type of Type Total Truck

Material of Activity Loads Tons Cubic YD Other Wt.

(ex.) M 04 24 355

0 0 0 0

Facilities Used: Provide Name of Facility and Location (City)

Total Truck Loads: Provide Number of Trucks Hauled from Site During Reporting Period

Describe the types of recycling processes or disposal activities that will be used for material generated in the project.

Indicate the type of process or activity by number, types of materials, and estimated quantities that will be recycled or

disposed in the sections below:

03 - Recycling source separated materials on site (i.e. crushing asphalt/concrete for reuse or grinding for mulch)

M/C = Miscellaneous Construction Debris

W/C = Wire/Cable S= Soils (Non Hazardous)D = Drywall

Types of Material To Be Generated

Contract or Work Order No.:

Contractor's Name:

Street Address:

City:

Section 017419 Att A

(Submit After Award of Contract and Prior to Start of Work)

Project Title:

CONTRACTOR'S CONSTRUCTION WASTE AND RECYCLING PLAN

Zip: State:

Phone: ( ) Fax: ( )

E-Mail Address:

Prepared by: (Print Name)

From: TO:

Total Quantities: If scales are available at sites, report in tons. If not, quantify by cubic yards. For salvage/reuse items,

quantify by estimated weight (or units).

R = Reuse/Salvage

Use these codes to indicate the types of material that will be generated on the project

O = Other (describe)

01 - Reuse of building materials or salvage items on site (i.e. crushed base or red clay brick)

P/C=Paper/Cardboard

Reuse, Recycling or Disposal Processes To Be Used

ABC Metals, Los Angeles

a. Total Diversion

SECTION I - RE-USED/RECYCLED MATERIALS

Total Quantities

Include all recycling activities for source separated or mixed material recycling centers where recycling will occur.

Facility to be

Used/Location

Contractor's Construction Waste and Recycling Plan

Section: 017419 - Att A Page: 1



(ex.) D 08 2 35

0 0 0

Tons Cubic YD Other Wt.

a. Total Reused/Recycled 0 0 0

0 0 0

0 0 0

Tons Cubic Yards Other Wt.

0

0

0 0 0

#DIV/0!

Notes:

1. Suggested Conversion Factors: From Cubic Yards to Tons (Use when scales are not available)

Concrete: .93 (ex. 1000 CY Concrete = 930 tons. Applies to broken chunks of concrete)

Ferrous Metals: .22 (ex. 1000 CY Ferrous Metal = 220 tons) Drywall Scrap: .20

Non-Ferrous Metals: .10 (ex. 1000 CY Non-Ferrous Metals = 100 tons) Wood Scrap: .16

SECTION IV - CONTRACTOR'S LANDFILL DIVERSION RATE CALCULATION

b. Total Disposed

c. Total Generated

a. Materials Re-Used and Recycled

b. Materials Disposed

c. Total Materials Generated (a. + b. = c.)

d. Landfill Diversion Rate (Tons Only)*

activities):

Total Quantities

Used/Location

DEF Landfill, Los Angeles

b. Total Disposal

SECTION III - TOTAL MATERIALS GENERATED

This section calculates the total materials to be generated during the project period (Reuse/Recycle + Disposal = Generation

SECTION II - DISPOSED MATERIALS

Include all disposal activities for landfills, transfer stations, or inert landfills where no recycling will occur.

SECTION 017419 Att A

Continued

CONTRACTOR'S CONSTRUCTION WASTE AND RECYCLING PLAN

Facility to be

Asphalt: .61 (ex. 1000 CY Asphalt = 610 tons. Applies to broken chunks of asphalt)

Add totals from Section I + Section II

* Use tons only to calculate recycling percentages: Tons Reused/Recycled/Tons Generated = % Recycled

Contractor's Comments (Provide any additional information pertinent to planned reuse, recycling, or disposal

Contractor's Construction Waste and Recycling Plan

Section: 017419 - Att A Page: 2

Date Submitted:

Period Covered:

02 - Salvaging building materials or salvage items at an off site salvage or re-use center (i.e. lighting, fixtures)

04 - Recycling source separated materials at an off site recycling center (i.e. scrap metal or green matls)

05 - Recycling commingled loads of C&D matls at an off site mixed debris recycling center or transfer station

06 - Recycling material as Alternative Daily Cover at landfills

07 - Delivery of soils or mixed inerts to an inert landfill for disposal (inert fill).

08 - Disposal at a landfill or transfer station.

09 - Other (please describe) _______________________________________________________________

A = Asphalt C = Concrete M = Metals I = Mixed Inert G = Green Matls

W = Wood



(ex.) M 04 24 355

0 0 0 0

SECTION I - RE-USED/RECYCLED MATERIALS

Total Quantities

Include all recycling activities for source separated or mixed material recycling centers where recycling occurred.

Facilities

Used/Location

ABC Metals, Los Angeles

a. Total Diversion

From: To:

Total Quantities: If scales are available at sites, report in tons. If not, quantify by cubic yards. For salvage/reuse items,

quantify by estimated weight (or units).

R = Reuse/Salvage

Use these codes to indicate the types of material that were generated on the project

O = Other (describe)

01 - Reuse of building materials or salvage items on site (i.e. crushed base or red clay brick)

P/C=Paper/Cardboard

Reuse, Recycling or Disposal Processes Used

Zip: State:

Phone: ( ) Fax: ( )

E-Mail Address:

Prepared by: (Print Name)

Contract or Work Order No.:

Contractor's Name:

Street Address:

City:

Section 017419 Att B

(Submit With Each Progress Payment)

Project Title:

CONTRACTOR'S REUSE, RECYCLING, AND DISPOSAL REPORT

Facilities Used: Provide Name of Facility and Location (City)

Total Truck Loads: Provide Number of Trucks Hauled from Site During Reporting Period

Describe the types of recycling processes or disposal activities used for material generated in the project. Indicate the type

of process or activity by number, types of materials, and quantities that were recycled or disposed in the sections below:

03 - Recycling source separated materials on site (i.e. crushing asphalt/concrete for reuse or grinding for mulch)

M/C = Miscellaneous Construction Debris

W/C = Wire/Cable S= Soils (Non Hazardous)D = Drywall

Types of Material Generated

Contractor's Reuse, Recycling, and Disposal Report

Section: 017419 - Att B Page: 1



(ex.) D 08 2 35

0 0 0

Tons Cubic YD Other Wt.

a. Total Reused/Recycled 0 0 0

0 0 0

0 0 0

Tons Cubic Yards Other Wt.

0

0

0 0 0

#DIV/0!

Notes:

1. Suggested Conversion Factors: From Cubic Yards to Tons (Use when scales are not available)

Concrete: .93 (ex. 1000 CY Concrete = 930 tons. Applies to broken chunks of concrete)

Ferrous Metals: .22 (ex. 1000 CY Ferrous Metal = 220 tons) Drywall Scrap: .20

Non-Ferrous Metals: .10 (ex. 1000 CY Non-Ferrous Metals = 100 tons) Wood Scrap: .16

Asphalt: .61 (ex. 1000 CY Asphalt = 610 tons. Applies to broken chunks of asphalt)

* Use tons only to calculate recycling percentages: Tons Reused/Recycled/Tons Generated = % Recycled

Contractor's Comments (Provide any additional information pertinent to planned reuse, recycling, or disposal

activities ):

Add totals from Section I + Section II

SECTION II - DISPOSED MATERIALS

Include all disposal activities for landfills, transfer stations, or inert landfills where no recycling occurred.

Section 017419 Att B

Continued

CONTRACTOR'S REUSE, RECYCLING, AND DISPOSAL REPORT

Total Quantities

Used/Location

DEF Landfill, Los Angeles

b. Total Disposal

SECTION III - TOTAL MATERIALS GENERATED

This section calculates the total materials generated during the project period (Reuse/Recycle + Disposal = Generation

Facilities

SECTION IV - CONTRACTOR'S LANDFILL DIVERSION RATE CALCULATION

b. Total Disposed

c. Total Generated

a. Materials Re-Used and Recycled

b. Materials Disposed

c. Total Materials Generated (a. + b. = c.)

d. Landfill Diversion Rate (Tons Only)*

Contractor's Reuse, Recycling, and Disposal Report

Section: 017419 - Att B Page: 2


Closeout Submittals 017800-1

SECTION 017800

CLOSEOUT SUBMITTALS

PART 1 - GENERAL

1.1 SECTION INCLUDES A. Project Record Documents. B. Operation and Maintenance Data. C. Warranties and bonds.

1.2 RELATED SECTIONS A. Section 013000 - Administrative Requirements: Submittals procedures, shop

drawings, product data, and samples. B. Section 017000 - Execution Requirements: Contract closeout procedures. C. Individual Product Sections: Specific requirements for operation and maintenance

data. D. Individual Product Sections: Warranties required for specific products or Work.

1.3 SUBMITTALS A. Project Record Documents: Submit documents to Architect / Engineer or with claim for

final Application for Payment. B. Operation and Maintenance Data:

1. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Architect / Engineer will review draft and return one copy with comments.

2. For equipment, or component parts of equipment put into service during construction and operated by Architect / Engineer, submit completed documents within ten days after acceptance.

3. Submit 1 copy of completed documents 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Architect / Engineer comments. Revise content of all document sets as required prior to final submission.

4. Submit two sets of revised final documents in final form within 10 days after final inspection.

C. Warranties and Bonds:

1. For equipment or component parts of equipment put into service during construction with Architect / Engineer's permission, submit documents within ten days after acceptance.



2. Make other submittals within ten days after Date of Substantial Completion, prior to final Application for Payment.

3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within ten days after acceptance, listing the date of acceptance as the beginning of the warranty period.

PART 2 – PRODUCTS (NOT USED)

PART 3 - EXECUTION

3.1 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to

the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract.

B. Ensure entries are complete and accurate, enabling future reference by Architect /

Engineer. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each product section description of actual

products installed, including the following: 1. Changes made by Addenda and modifications.

F. Record Drawings: Legibly mark each item to record actual construction including:

1. Field changes of dimension and detail. 2. Details not on original Contract drawings.

3.2 OPERATION AND MAINTENANCE DATA A. For Each Product or System: List names, addresses and telephone numbers of

Subcontractors and suppliers, including local source of supplies and replacement parts. B. Product Data: Mark each sheet to clearly identify specific products and component

parts, and data applicable to installation. Delete inapplicable information. C. Drawings: Supplement product data to illustrate relations of component parts of

equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings.

D. Typed Text: As required to supplement product data. Provide logical sequence of

instructions for each procedure, incorporating manufacturer's instructions.



3.3 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product, Applied Material, and Finish:

1. Product data, with catalog number, size, composition, and color and texture designations.

B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning

agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance.

3.4 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. For Each Item of Equipment and Each System:

1. Description of unit or system, and component parts. 2. Identify function, normal operating characteristics, and limiting conditions. 3. Include performance curves, with engineering data and tests. 4. Complete nomenclature and model number of replaceable parts.

B. Operating Procedures: Include start-up, break-in, and routine normal operating

instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions.

C. Maintenance Requirements: Include routine procedures and guide for preventative

maintenance and trouble shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions.

D. Provide servicing and lubrication schedule, and list of lubricants required. E. Include manufacturer's printed operation and maintenance instructions. F. Include sequence of operation by controls manufacturer. G. Provide original manufacturer's parts list, illustrations, assembly drawings, and

diagrams required for maintenance. H. Additional Requirements: As specified in individual product specification sections.

3.5 OPERATION AND MAINTENANCE MANUALS A. Prepare instructions and data by personnel experienced in maintenance and operation

of described products. B. Prepare data in the form of an instructional manual.

3.6 WARRANTIES AND BONDS A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors,

suppliers, and manufacturers, within ten days after completion of the applicable item of



work. Except for items put into use with Architect / Engineer's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined.

B. Verify that documents are in proper form, contain full information, and are notarized. C. Co-execute submittals when required. D. Retain warranties and bonds until time specified for submittal.

END OF SECTION


Environmental Management System 019998-1

SECTION 019998

ENVIRONMENTAL MANAGEMENT SYSTEM

PART 1 - GENERAL

1.1 SECTION INCLUDES A. Program Description. B. Referenced Documents C. Contractual Assent and Procedural Requirements

1.2 RELATED SECTIONS A. Section 014000 - Quality Requirements: Product quality monitoring. B. Section 016000-Products Requirements

1.3 REFERENCES A. Kansas Army National Guard: Environmental Policy Handout and Summary of EMS B. Presidential Executive Order 13148 C. Kansas Army National Guard: The Adjutant General’s Policy Letter No. 7 dated 13

September 2003. D. Department of the Army National Guard Memorandum: Implementation of

Environmental Management Systems (EMS) dated 30 June 2003. E. Environmental Policy Handout: Kansas Army National Guard.

1.4 PROGRAM DESCRIPTION A. The Environmental Management System is a process to insure that all contractors and

subcontractors involved in the execution of Kansas Army National Guard construction and maintenance project work are responsible stewards of the Environment, and comply with the above referenced standards.

1.5 CONTRACTUAL ASSENT A. By entering into a legal contract with the Kansas Army National Guard and it’s agents

for construction and maintenance projects, each contractor and any related subcontractors hereby assent and agree to:

1. Comply with the reference standards listed above.


Environmental Management System 019998-2

2. Obtain, read, and comply with the current Environmental Policy Handout as provided by the Environmental Program Manager at the KSARNG Headquarters in Topeka, Kansas.

(NOT APPLICABLE)

PART 3 - EXECUTION (NOT APPLICABLE)

END OF SECTION

KANSAS ARMY NATIONAL GUARD - Harbin Construction

Documents

Transcript of KANSAS ARMY NATIONAL GUARD - Harbin Construction